HomeMy WebLinkAboutOlyCAP Haines St JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: February 6,2023
SUBJECT: AGREEMENT re: 2023 Affordable Housing/Homelessness Grant
Funding; Haines St. Cottages; In the Amount of$40,000; Jefferson
County Administrator; Olympic Community Action Program
(OlyCAP)
STATEMENT OF ISSUE:
On January 3, 2023 the Board of County Commissioners approved the Housing Fund Board's 2023 grant
recommendations for Fund 148: Affordable Housing Fund 148, Fund 149: Homeless Housing Fund 149, and
1590 Funds. One of the recommendations was for OlyCAP to receive $40,000 to operate the Haines St.
Cottages.
ANALYSIS:
The attached Grant Agreement will provide the $40,000 in funds approved by the Board of County
Commissioners on January 3, 2023.
FISCAL IMPACT:
$30,000 from Fund 148 and$10,000 from Fund 149
RECOMMENDATION:
Approve the attached Grant Agreement with OlyCAP.
REV ,WED BY:
Mark McCa y, County Administrato a
CONTRACT REVIEW FORM clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: OLYMPIC COMMUNITY ACTION PROGRAM(OLCAP) Contract No: 1490LYCAPHAINES
Contract f-or: Haines St. Cottages "berm: 01/01/23 - 12/31/23
COUNTY DEPARTMENT: CAO
Contact Person: Carolyn Gallaway
Contact Phone: 360-385-9122
Contact email: carolyn@co.jefferson.wa.us
AMOUNT: $140,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $4o,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # $30,000 148/$10,000 149 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A: ■ Vi �. 1,✓C z Z
Sign lure � ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: F]
Signailire Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/2/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/2/2023.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
I
Grant Agreement by and Between
Jefferson County
and
OlyCAP for Haines St. Cottages
For Affordable Housing/Homelessness Services Grant Funding
WHEREAS. RCW 36.22.178 authorizes a recording fee surcharge to provide funding for
affordable housing services; and
WHEREAS, RCW 36.22.179 authorizes a recording fee surcharge to provide funding for
homeless housing and assistance; and
WHEREAS, RCW 36.22.1791 authorizes an additional surcharge for local homeless housing and
assistance; and
WHEREAS, RCW 82.14.530 authorizes the use of SHB 1590 sales tax revenues to support
affordable housing; and
WHEREAS, RCW 82.14.540 authorizes the use of SHB 1406 sales tax revenues to support
affordable housing; and
WHEREAS, on January 3, 2023 the Board of County Commissioners approved the Joint
Jefferson County/City of Port Townsend Housing Fund Board's recommendation for 2023
funding;
NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington,
hereinafter referred to as "County," and Recipient, a non-profit corporation is Washington State
(Recipient), in consideration of the mutual benefits, terms, and conditions hereinafter specified,
do hereby agree as follows:
1. Grant Commitment. A 100% grant of funds is hereby made to Recipient for the project
described in Section 2. The approved maximum amount of the grant shall be $30,000 from
Fund 148 and $10,000 from 1590 Funds. The grant shall be available upon the submission of
appropriate invoices pursuant to Section 3.
2. Project Description, Schedule and Budget.
a. The scope of work for the Project is described in Exhibit A, attached.
b. The Project begins on January 1, 2023 and shall be completed by December 31, 2023.
c. The budget for the Project is described in Exhibit B, attached.
3. Payment. Expenses incurred on the Project, as described in Section 2, by the Project's
consultants, contractors, suppliers, or Recipient's staff shall be submitted to the County
Administrator's Office by Recipient using a detailed invoice.
Each detailed invoice shall show individual items followed by the total amount incurred and
the amount eligible for reimbursement under this grant. Recipient may submit such invoices
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to the County once per month during the course of the Project for work completed. All
invoices shall be submitted no later than 30 days after project completion.
The county shall review and approve invoice payments. Payments will be limited to the
monies that are available under the grant as described in Section 1. Such invoices, once
approve, will be paid using the County's normal bill paying process and cycle.
4. Compliance with Laws. Recipient shall, in completing its project under this Grant
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances,
and regulation, applicable to the work to be completed under this Grant Agreement.
5. Indemnity.
The Contractor shall defend, indemnify and hold the County, its officers, officials, employees,
agents and volunteers (and their marital communities) harmless from any claims, injuries,
damages,losses or suits,including attorney's fees,arising out of or resulting from the acts,errors
or omissions of the Contractor in performance of this Agreement,except for injuries and damages
caused by the sole negligence of the County. Should a court of competent jurisdiction determine
this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the County, its officers, officials, employees, agents and volunteers (and
their marital communities) the Contractor's liability, including the duty and cost to defend,shall
be only for the Contractor's negligence. It is further specifically understood that the
indemnification provided constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties.—This section shall survive the expiration or termination of
this Agreement.
6. Required Insurance Coverages.
a. Commercial General Liability.
1) Recipient shall maintain commercial general liability coverage on a form
acceptable to Jefferson County Risk Management for bodily injury, personal
injury, and property damage, in an amount not less than two million dollars per
occurrence ($2,000,000) and an aggregate of not less than four million dollars
($4,000,000), for bodily injury, including death, and property damage.
2) The commercial general liability insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad form property damage, with no employee exclusion;
ii. Person injury liability, including extended bodily injury;
iii. Broad form contractual/commercial liability, including completed
operations and product liability coverage;
iv. Premises—operations liability(M&C);
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V. Independent contractors and subcontractors; and,
vi. Blanket contractual liability.
3) Recipient's commercial general liability policy shall include employer's liability
coverage.
4) The County and its elected officials, officers and employees shall be named as an
additional insured party under this insurance policy.
b. Automobile Liability.
Recipient shall maintain business automobile Liability insurance on a form acceptable to
Jefferson County Risk Management with a limit of not less than a combined single limit of
$1,000,000 each occurrence. Coverage shall include owned, hired, and non-owned
automobiles.
c. Workers' Compensation (Industrial Insurance). Recipient shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RC W, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Risk
Management, upon request. If the County incurs any cost to enforce the provisions of this
subsection, all costs and fees shall be recoverable form Recipient.
1) Recipient shall provide Workers' Compensation and Employer's Liability on a
state approved policy form providing benefits as required by law with employer's
liability limits no less than $1,000,000 per accident or disease.
2) This coverage shall extend to any contractor or subcontractor that does not have
their own workers' compensation and employer's liability insurance.
7. Recipient expressly waives by mutual negotiation all immunity and limitations on liability,
with respect to the County, under any industrial insurance act, disability benefit act, or other
employee benefit act of any jurisdiction, which would otherwise be applicable in case of such
claim.
8. General Insurance Requirements.
a. Insurance coverage shall be evidenced by one of the following methods:
1) Certificate of insurance; or,
2) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
b. Any deductibles or self-insured shall be declared to and approved by the County prior to
the approval of this Agreement by the County. At the option of the County, the insurer
shall reduce or eliminate deductibles or self-insured retention, or Recipient shall procure a
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bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
c. Failure of Recipient to take out or maintain any required insurance shall not relieve
Recipient from any liability under this agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification of
the County.
d. Recipient's insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect all the parties and shall be
primary coverage for all losses covered by the above described insurance.
e. Insurance companies issuing Recipient's insurance policy or policies shall have no
recourse against the County(including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of insurance policy.
f. All deductibles in Recipient's insurance policies shall be assumed by and be at the sole
risk of Recipient.
g. Any judgments for which the County may be liable, in excess of insured amounts required
by this agreement, or any portion thereof, may be withheld from payment due, or to
become due, to Recipient until Recipient shall furnish additional security covering such
judgment as may be determined by the County.
h. Any coverage for third party liability claims provided to the County by a"Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any
insurance policy Recipient shall provide to comply with this Agreement.
i. The County may, upon Recipient's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to
Recipient.
j. Recipient shall provide a copy of all insurance policies specified in this Agreement.
k. Written notice of cancellation or change in Recipient's insurance required by this
Agreement shall reference the project name and agreement number and shall be mailed to
the County at the following address: Jefferson County Risk Management, P.O. Box 1220,
Port Townsend, WA 98368.
1. Recipient's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance or self-insurance programs covering the County,
its elected and appointed officers, officials, employees and agents.
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in.Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees or agents.
n. Recipient's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
o. Recipient shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance
coverage for subcontractors shall be subject to all the requirements stated in this
Agreement. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations on
indemnification.
p. Recipient shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services will be promptly replaced.
q. Recipient shall place insurance with insurers listed to business in the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that excess
and umbrella coverage used to meet the requirements for limits of liability or gaps in
coverage need not be place with insurers or re-insurers licensed in the State of
Washington.
r. Certificates of insurance as required by this Agreement shall be delivered to the County
within fifteen(15) days of execution of the Agreement. To the extent a certificate lists or
refers to any endorsements solely by name. description or number it shall be the
responsibility of Recipient to obtain and provide to Jefferson County Risk Management a
full and complete copy of the texts of such endorsements.
s. The County shall be named as an "additional insured"on all insurance policies required
by this Agreement.
t. Recipient shall furnish the County with properly executed certificates of insurance that, at
a minimum, shall include:
1) The limits of coverage;
2) The project name and agreement number to which it applies;
3) The certificate holder as Jefferson County, Washington and its elected officials,
officers, employees and agents with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368; and
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4) A statement that the insurance policy shall not be cancelled or allowed to expire
except on thirty (30) days prior written notice to the County.
9. Independent Contractor. Recipient and the County agree that Recipient is an independent
contractor with respect to the project to be completed pursuant to this Grant Agreement.
Nothing in this Grant Agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Recipient nor any employee of Recipient,
nor any subcontractor of Recipient shall be entitled to any benefits accorded to County
employees by virtue of their services on the project to be completed under this Grant
Agreement. The County shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the State industrial insurance
program, or otherwise assuming the duties of an employer with respect to Recipient, or any
employee, representative of agent of Recipient, or any contractor of Recipient.
10. Subcontracting Requirements.
a. Recipient Owns Contract Performance. Recipient is responsible for meeting all terms
and conditions of this Agreement including standards of service, quality of materials
and workmanship, costs and schedules. Failure of a subcontractor to perform is no
defense to a breach of this Agreement. Recipient assumes responsibility for all
liability for the actions and quality of services performed by any subcontractor.
b. Subcontractor Disputes. Any dispute arising between Recipient and any
subcontractors or between subcontractors must be resolved with involvement of any
kind on the part of the County and without detrimental impact on the delivery of
contracted goods and services.
11. Legal and Regulatory Compliance. While performing under this Agreement, Recipient,
subcontractors, and their employees are required to comply with all applicable local, state
and federal laws, codes, ordinances and regulations, including but not limited to:
a. Applicable regulations of the Washington State Department of Labor and Industries,
including WA-DOSH Safety Regulation; and
b. State and Federal Anti-Discrimination Laws.
12. Termination.
a. Termination by the County.
1) Should Recipient default in providing services under this Agreement or materially
breach any of its provisions, the County may terminate this Agreement upon ten
(10) days written notice to Recipient.
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2) Recipient shall have the right and opportunity to cure any such material breach
within the ten (10) day period.
3) The County may terminate this Agreement upon immediate notice to Recipient.
Recipient will be reimbursed for services expended up to the date of termination.
4) This Agreement may be terminated or amended, in whole or in part, by the
County upon thirty (30) days written notice in the event expected or actual
revenue in Funds 148 and/or 149 is reduced or limited in any way.
b. Termination by Recipient.
1) Should the County, its staff, employees, agents and/or representatives default in
the performance of this Agreement or materially breach any of its provisions,
Recipient, at its option, may terminate this Agreement by giving ten(10) days
written notice to the County representative.
2) The County shall have the right and opportunity to cure any such material breach
within the ten(10) day period.
c. Termination Without Cause. This Agreement may be terminated without cause at
any time by either party subject to a sixty (60) day advance written notice of such
termination to the other party.
13. No Harassment or Discrimination. Recipient and any contractors/subcontractors will not
discriminate against any person in the performance of work under this agreement or in the
selection and retention of employees or procurement of materials or supplies on the basis of
age, sex, marital status, sexual orientation, religion, creed, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained guide dog or service animal by a person with a disability,
unless based on a bonafide occupational qualification.
14. Contract Expiration. This contract will run until the project is complete and until the County
has made all payments required under this Grant Agreement, except that the project must be
completed no later than the date listed in Paragraph 2.b. above, unless extended by mutual
agreement.
15. Failure to Appropriate. Recipient acknowledges that the County may only appropriate
monies in the current year and in a manner consistent with Paragraph 1. Above. The County
agrees to appropriate monies to fund this grant unless emergency circumstances prevent the
County from doing so. Any monies to be paid by the County to Recipient for this grant are
subject to appropriation by the County Commission.
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16. Integrated Agreement. This Grant Agreement represents the entire and integrated agreement
between the County and Recipient and supersedes all prior negotiations, representation, or
agreements written or oral.
17. Modification of this Agreement. This Agreement may be amended or supplemented only by
a writing that is signed by duly authorized representatives of all parties.
18. No Assignment. Recipient shall not sell, assign, or transfer any rights obtained by this
Agreement without the express written consent of the County.
19. Severability. Provided it does not result in a material change in the terms of this Agreement,
if any provision of this Agreement or the application of this Agreement to any person or
circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this
Agreement and the application of this Agreement shall not be affected and shall be
enforceable to the fullest extent permitted by law.
20. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall
be construed to mean, that any provision in this Agreement is for the benefit of any person or
entity who is not a Party.
21. Controlling Law. It is understood and agreed that this Agreement is entered into in the State
of Washington. This Agreement shall be governed by and construed in accordance with the
laws of the United State, the State of Washington and the County of Jefferson, as if applied
to transactions entered into and to be performed wholly within Jefferson County, Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be executed this
day of , 2023.
Jefferson County Olympic Community Action Programs
Board of Commissioners
Greg Brotherton, Chair Date Authorized Signature Date
Print Name,Title
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
APPROVED AS TO FORM:
O `. — February 2,2023
Philip C. Hunsucker Date
Chief Deputy Prosecuting Attorney
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EXHIBIT A— SCOPE OF WORK
PROJECT DESCRIPTION
• Name of Project: Haines Street Cottages
• Amount requested: $30,000 from Fund 148 and $10,000 from Fund 149 for a total of
$40,000
Provide a brief description of the project:
Priority. This program provides continuous housing for up to 24 months and other
housing assistance to homeless persons, with a priority on families who are homeless that
may include families with a male parent. The goal and outcome is for homeless persons to
become stable and self- sufficient and move them along the housing continuum. OlyC'AP
will provide shelter for homeless persons at the flaines Street Cottages and pro'.ide case
management and access to available support services. OlyCAf will provide full time case
managers, who arc trained in best practices to help identify needs for the client, stabilize
them and help them transition into permanent housing. Many of the clients entering the
Haines Street Cottages shelter are traumatized and need time to stabilize before the case
manager can start working on the client's goals to help get into permanent housing. Case
managers work with homeless persons to stabilize them and work with them to enable
them to achieve success through setting and working towards their goals and overcoming
the challenges that lead them to being homeless. The case manager and the client work
towards getting them into their own permanent housing and emplo}ment.
Specify the Project or Program goals and expected outcomes. Specify the methods by which the
Project or Program will be measured and assessed:
All data is entered into HMIS and tracked for positive outcomes. 98% of clients
exiting this program are exiting into permanent housing. Which is one of the
measures being tracked by the Department of Commerce and in our 5-year goals.
All clients coming through coordinated entry are referred to this program when they are
working on becoming clean and sober. It is the ONLY clean and sober transitional housing
in Jefferson County. It is the only transitional housing for single adults and families that are
working through self-sufficiency through the courts. Cottages give clients time to get
through requirements of the court or DOC without having to worry about paying rent and
utilities. It is free to the tenant while they are there.
Specify the number of individuals who will be impacted by the project:
People/families served: Children under 5 yrs (6), children 5-12 yrs (6), children 13-17 yrs (4), females
(24), males(18), domestic violence victims(6), and families(9).
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EXHIBIT B—Budget
Budget Categories Program Proposal Justification Priority
Salaries $23,400 $23,400
Benefits $5,866 $5,866
Rental Subsidies _
Utilities
Insurance $1,827 $1,827
Food/Supplies $250 $250
Furnishings/Equipment $500 $500
Repair/Maintenance $3,129 $3,129
Operations(photo copies, IT, $1,428 $1,428
travel, office supplies, waste
disposal)
Subtotal: $36,400 $36,400
Administration (10%max.) $3,600 $3,600
TOTAL: $40,000 $40,000
If your Project or Program includes salaries and benefits, please list position(s)and FT to be paid by
these funds (FTE Should be that percentage of time the employee is dedicated to this Project or
Program):
Position Salary Benefits FTE
Property Manager $11,607 $2,983 .30 FTE
Maintenance $9,433 $2,323 .30 FTE
Landscapers $960 $560
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