HomeMy WebLinkAboutCommunity Build JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: February 21,2023
SUBJECT: AGREEMENT re: 2023 Affordable Housing/Homelessness Grant
Funding; In the Amount of$20,000; Jefferson County Administrator;
Community Build
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 Community Build to receive $20,000 to construct ten tiny
shelters for the Caswell-Brown Village.
ANALYSIS:
The attached Grant Agreement will provide the $20,000, approved by the Board of County Commissioners
on January 3, 2023.
FISCAL IMPACT:
Community Build: $20,000 from 1590 Funds
RECOMMENDATION:
Approve the attached Grant Agreement with Community Build.
REVJL&ED BY:
`' Z 3
Mark McC y, County Administr or D tc
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Community Build Contract No: CommunityBuild2023
Contract For: Tiny House Shelters at Caswell-Brown Term: 01/01/23 - 12/31/23
COUNTY DEPARTMENT: County Admin
Contact Person: Carolyn Gallaway
Contact Phone: 360-385-9122
Contact email: carolyn@cojeftersonma.us
AMOUNT: $20,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $20,000 5190 funds Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund 4 1590 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITII JJCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 11 N/A: ■ r
ignature Date
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: ❑ N/A: 2� Y 1-2 3
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Lasertiche):
Electronically approved by Risk Management on 2/15/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Lasertiche):
Electronically approved as to form by PAO on 2/15/2023.
Thanks for fixing the indemnity language.
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
1
Grant Agreement by and Between
Jefferson County
and
Community Build
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 $20,000, all
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 one million dollars per
occurrence ($1,000,000) and an aggregate of not less than two million dollars
($2,000,000), 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;
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iv. Premises—operations liability (M&C);
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 RCW, 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 Community Build
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:
C , February 15,2023
Philip C. Hunsucker Date
Chief Deputy Prosecuting Attorney
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EXHIBIT A— SCOPE OF WORK
PROJECT DESCRIPTION
• Name of Project: Ten Tiny Shelters for Caswell-Brown Village
• Amount requested: 1590 FUNDS: $20,000
Provide a brief description of the project:
On October 9 of this year,Community Build volunteers began constructing ten tiny shelters for the
Caswell-Brown transitional housing village on Mill Road under a contract with OlyCAP. On
December 9,just hours before another night of fierce wind and rain, people were able to move from
tents and cars into fully insulated 8' x 12' shelters with small wall heaters,built-in bed frames, locks
on their doors, and electric light. Although very basic,these shelters keep people safe and warm.
The building materials and licensed electrical work for the first ten shelters were paid for with$49,000
which had been donated to OlyCAP for that purpose, supplemented by substantial in-kind donations of
paint and building materials and$10,000 of funds raised by Community Build itself. OlyCAP would
like us to build ten more shelters but it does not have funds available to contribute toward the effort.
Together with other sources described under APPROACH,this housing grant would help us secure the
full $64,500 needed in time to begin buying building materials by early March.
Goals,expected outcomes and methods by which Project will be measured and assessed. Number
of units of housing to be created or individuals who will be served. Specific eligible use under
1590 for which the Project qualifies:
Our goal is to build ten more 8' x 12' tiny shelters for Caswell-Brown by early summer to provide
transitional housing for people who are now living in tents,cars or trucks. The outcome will be the
completion of all 10 shelters so at least 10 more people can be safely housed. If requested by OlyCAP
and sufficient funds can be raised, some of the new shelters could be"doubles"that would provide
more space for two beds. (Some shelters we already built are now occupied by couples or a mother and
child.)
Once the shelters are finished at the New Life Church build site,OlyCAP will arrange for them to be
trucked to Caswell-Brown where will add roofs over the doors and small stoops.At that point, our
project will have been completed successfully.
The number of people housed at any one time in these ten new shelters might be 10-16. However, as
initial residents move into more permanent housing, others will take their place in these transitional
shelters. For instance, in the 23 months from January 2021 to November 2022, a total of 34 people had
occupied the 11 shelters at Peter's Place in Port Hadlock. (ten of those shelters were built by us and
one by the Community Boat Project.)
This project is permissible under 1590 since it is for construction of affordable housing for people who
meet the income limit and at least one—and often more than one—of the eligibility criteria listed in the
RFP: persons with mental illness or disabilities,veterans, seniors, homeless families with children,
unaccompanied homeless youth/young adults and domestic violence survivors.
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EXHIBIT B—Budget
Applicant provided a contract they have with OlyCAP to build the ten tiny shelters at Caswell-Brown.
See attached.
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Olympic Community Action Programs
Community Build
Second Contract for Caswell-Brown Shelters
This AGREEMENT is between Olympic Community Action Programs, (referred to as
"OlyCAP")and Community Build, a project under the fiscal sponsorship of StrongerTowns
(referred to as CB) to specify the terms and conditions under which CS will build tiny
shelters for OlyCAP in 2023.
WHEREAS, CB desires to give volunteer construction services and
WHEREAS, OlyCAP needs such services,
NOW THEREFORE, the parties mutually agree as follows:
1. PERIOD OF PERFORMANCE
This agreement will be effective when signed by both parties. It is open-ended in terms of
expiration but can be terminated by either party at any time with a 30-day notice in writing.
Depending on the success of its fundraising efforts, CB would like to begin construction in
early spring 2023.
2.SCOPE OF WORK
CB will provide construction services for up to 10 tiny shelters of the same basic design as
the first Caswell-Brown shelters. Since OlyCAP does not have funding for these shelters,
CB will conduct its own fundraising efforts and build as many shelters as it can for the
amount of money raised.
Prior to CB's purchase of materials, OlyCAP shall specify whether some of the shelters
need to be a larger size. In order to purchase adequate materials in time for early spring
construction, the decision about any larger shelters(doubles) needs to be made no later
than January 15, 2023 unless CB provides OlyCAP with additional time. The number of
shelters that can be built will depend on how many doubles are needed and how much
cash and/or in-kind donations Community Build has raised.
Each shed-roofed wooden shelter will have:
• Three opening windows and an out-swinging door with protective roof,
• Insulation in the floor, walls and ceiling plus vinyl flooring;
• Painted inside and out with the same colors used for the first 11 shelters unless
OlyCAP chooses other colors;
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• Electrical wiring inside the walls, a ceiling light fixture and wall switch, plug-in wall
heater and 4 or 5 wall outlets. No porch lights are needed for these shelters;
• Exterior electrical connection for a stub to be provided and paid for by OlyCAP;
• Exterior landing, stair and railing to be installed after the shelters are moved to
Caswell-Brown; and
• Bed frame and, if CB determines that it has raised adequate funding, a small rack
with pegs for coats and a built-in shelving/clothes rod unit.
Key Areas of CB's Responsibility:
• Determine how many shelters can be built with the funds it has available;
• Finalize the shelter design and adjust it as needed during construction;
• Purchase materials;
• Recruit and supervise volunteers to do the construction and painting;
• Contract with a licensed electrician for the interior electrical work;
• Alert OlyCAP about any delays or significant changes; and
• Send monthly progress reports to OlyCAP
Key Areas of OlyCAP's Responsibility:
• Determine how many doubles are needed, how many shelter doors should be on
the right or left and specifications for bed frames and other interior furnishings;
• Notify CB of any changes in the site plan, project timing or other significant feature
that could affect CB's construction of the shelters;
• Coordinating the move of the shelters in advance with the OlyCAP team, CB and
the moving contractor and having its personnel on site when the shelters are being
transported from the build site;
• Work with CB to involve Caswell-Brown residents as volunteers;
• Site preparation, including but not limited to grading, footings or other foundation,
underground electrical work and a stub to connect shelters to power;
• Any permit fees other than for the interior electrical work; and
• Labor and Industries inspection.
3. PRIOR APPROVAL POLICY
Any significant changes in the work plan should be pursued by CB only after written
approval from OlyCAP.
4._PAYMENT AND SCHEDULE OF DELIVERABLES
OlyCAP will pay CB$50 upon signing of the contract. CB cannot guarantee that it will be
able to raise sufficient funds to build all ten shelters but that will be its goal. If CB needs a
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sponsoring organization for grants from other sources, OlyCAP may agree to serve in that
capacity.
5. PRIMARY CONTACTS
The primary points of contact for Olympic Community Action Programs to this Agreement
are Kathy Morgan and Robin Pangborn.The primary contacts for Community Build are
Debbi Steele and Dave Merrill.
OlyCAP and CB agree that their contacts will communicate frequently about coordination
issues and discuss any concerns up front to avoid misunderstandings and potential
problems.
6.ASSIGNMENT/DELEGATION
CB shall not assign its rights or delegate its obligations under this Agreement without first
obtaining the written consent of the OlyCAP This does not include CB's responsibility to
hire the contractor for interior electrical work.
7.TERMINATION
Termination is the cancellation of this Agreement in whole or in part at any time.
Either party may terminate this Agreement in whole or in part at any time. However, if at
any time either OlyCAP or CB believes the other is not materially complying with this
agreement, it shall notify the primary points of contact both verbally and in writing and all
parties shall attempt to resolve the concerns immediately. If either party determines that
the other still materially fails to comply with the terms of this Agreement, it will notify the
other party in writing of its determination and the reasons for the termination, together with
the effective date. Any payments made or recoveries sought by either party shall be in
accordance with the legal rights and liabilities of the parties.
6. NO WAIVER
No failure on the part of OlyCAP to exercise, and no delay in exercising, any right, power,
or remedy hereunder shall operate as a waiver thereof, nor shalt any single or partial
exercise of any such right, power or remedy preclude any other or further exercise thereof
or the exercise of any other right power or remedy. No rights of OlyCAP hereunder shall
be deemed to have been waived unless such waiver is contacted in an instrument in
writing signed by OlyCAP.
$. LIABILITY
CB shall at all times be considered as an independent contractor and shall not hold itself
out as an employee of OlyCAP. Each party shall be solely liable for any claims, actions,
demands, or damages arising out of its performance of this Agreement.
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11 JNSURANQE
For its prior contract with OlyCAP,Community Build purchased a one year Commercial
General Liability Insurance Policy, including contractual liability, written on an occurrence
basis, in adequate quantity to protect against legal liability but no less than$1,000,000 per
occurrence. It names Olympic Community Action Programs and the owner of the build site
as additional insured. CB will ensure that the policy covers this contract and will pay any
additional premium that may be required by the insurer.
CB is responsible for ensuring that the electrical subcontractor provides adequate
insurance.
IN WITNESS THEREOF, the parties have executed this agreement by their duly authorized
officers:
Principal: Contractor:
Olympic Community Action Programs Community Build
Cherish Cronmiller
2022-12-19
T 10:32:05-08:00
Cherish Cronmiller Debbi Steele
Executive Director Authorized Signer
12/19/2022
Date Date_14, Z
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