HomeMy WebLinkAboutHabitat ARPAJEFFERSOIV COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: March 20, 2023
SUBJECT: Request for Board of County Commissioners approval of an American
Rescue Plan Act (ARPA) Grant Agreement with Habitat for Humanity
STATEMENT OF ISSUE: On Monday, February 27, 2023 the Board of County
Commissioners reviewed 48 ARPA grant proposals received from a variety of sources. These
48 proposals were submitted as a result of a BOCC "Last Call" for proposals as it sought to
distribute $8341718 in remaining ARPA funds ($1.b92 million in 2023 ARPA funds have yet to
be received). The Board selected 17 projects for funding.
Each Commissioner scored each of the 48 projects individually. Their scores were consolidated
in a spreadsheet and the projects were ranked using these consolidated scores. The Board
discussed each project for the benefit of the public. The Commissioners then made funding
allocations until all but $718 of the funds were allocated and directed the County Administrator
to prepare the appropriate grant agreements.
ANALYSIS: Habitat for Humanity submitted a request for $100,000 to help fund master
planning for the Mason Street affordable housing project. The Board allocated $80,000.
A grant agreement funding this project is attached.
FISCAL IMPACT: This request costs $80,000 which will be paid using ARPA funds in Fund
1231 Grants Management.
RECOMMENDATION: That the Board of County Commissioners approve the attached grant
agreement.
REVIEWED BY:
Mark McCault,County Administra or Date 11
GRANTEE AGREEMENT WITH HABITAT FOR HUMANITY OF EAST
JEFFERSON COUNTY
This Grantee Agreement ("Agreement") is by and between Jefferson County, a Washington political
subdivision ("County") and Habitat for Humanity of East Jefferson County, ("Grantee").
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
(ARPA) into law; and
WHEREAS, the ARPA allows that funds appropriated for revenue sharing counties can
be used for any governmental purpose; and
WHEREAS, on July 31, 2017, the Jefferson County Board of Commissioners adopted
Resolution No. 35-17, finding "that an emergency exists with respect to the availability of
housing that is affordable to low-income households and with respect to the availability of
housing that is affordable to very low-income households in Jefferson County;" and
WHEREAS., the Grantee is a non-profit 501 (c)(3) that specializes in providing affordable
home ownership opportunities for persons with low incomes; and
WHEREAS, the Grantee, in partnership with the Jefferson Community Foundation, are
proposing to build 100- 13 0 affordable housing units in Port Hadlock: and
WHEREAS, these housing units would provide multiple benefits to the county, including
increased enrollment in the Chimacum School District, additional equivalent residential units
connected to and paying for sewer service from the planned Hadlock Sewage Treatment Plant,
and substantially increasing the supply of housing; and
WHEREAS, Grantee has requested funding to help fund the master plan for the project;
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, and the terms and conditions set forth below, the parties agree as follows:
1. Grant Amount and Grantee's Use of Grant Funds. The Grant amount is $80,000.
The Grant is to be used for the purposes described at Exhibit A. These grants funds may be made
available contingent upon receipt of the second tranche of ARPA revenue sharing funds.
2. Reporting Requirements. Grantee will submit a report to the County on an annual
basis by January 31 of each year until all grant funds are expended. The report will include
information regarding the usage of the $80,000 grant amount.
3. Effective Date and Term. This Agreement shall commence on the date when last
executed by the parties and remain in effect until the funds are exhausted.
4. Termination. The County may terminate this Agreement, for convenience or
otherwise and for no consideration or damages, upon prior notice to the Grantee.
5. Independent Grantee. Each party under this Agreement shall be for all purposes an
independent Grantee. Nothing contained herein will be deemed to create an association, a
partnership, a joint venture, or a relationship of principal and agent, or employer and employee
between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act., as an
employee, agent, or representative of the County for any purpose.
6. Indemnification. The Grantee 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 Grantee 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 Grantee and the County, its officers, officials, employees, agents and volunteers (and their
marital communities) the Grantee's liability, including the duty and cost to defend, shall be only for
the Grantee's negligence. It is further specifically understood that the indemnification provided
constitutes the Grantee'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.
7. Insurance. Prior to commencing work, the Grantee shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in force
during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non -owned vehicles assigned to or used in the performance
of the work for a combined single limit of not less than $500,000 each occurrence with the County
named as an additional insured in connection with the Consultant's performance of his
Agreement. This insurance shall indicate on the certificate of insurance the following coverage:
(a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles.
Commercial General Liability. Insurance in an amount not less than a single limit of
$1 000,000 per occurrence and an aggregate of not less than two (2) times the occurrence amount
($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a
greater amount is specified in the contract specifications.
The commercial general liability insurance coverage shall contain no limitations on the scope of
the protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
d. Premises — Operations Liability (M&C);
e. Blanket Contractual Liability.
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The County shall be named as an "additional named insured" under all insurance policies required
by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The Grantee shall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)
The certificate holder as Jefferson County, Washington and its elected officials, officers, and
employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port
Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured" to a policy obtained by
the Consultant refers to an endorsement (by number or name) but does not provide the full text of
that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that
endorsement and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this Agreement.
Failure of the Grantee to take out or maintain any required insurance shall not relieve the Grantee
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.
The Grantee'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, with the exception of Professional Liability Insurance, so affected shall
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance.
Insurance companies issuing the Grantee'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.
All deductibles in the Grantee's insurance policies shall be assumed by and be at the sole risk of
the Grantee.
Any deductibles or self -insured retention 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 the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
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 the
Grantee until the Grantee shall furnish additional security covering such judgment as may be
determined by the County.
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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 the
Grantee shall provide to comply with this Agreement.
The County may, upon the Grantee's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Grantee.
The Grantee shall provide a copy of all insurance policies specified in this Agreement.
Written notice of cancellation or change in the Grantee'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.
The Grantee's liability insurance provisions shall be primary and noncontributory with respect to
any insurance or self-insurance programs covering the County, its elected and appointed officers,
officials, employees, and agents.
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.
The Grantee'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.
The Grantee shall include all Sub -Grantees as insured under its insurance policies or shall furnish
separate certificates and endorsements for each Sub -Grantee. All insurance coverage for Sub -
Grantees 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.
The Grantee 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 shall be promptly replaced. All the insurance policies
required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the County Risk
Manager by registered mail, return receipt requested.
The Grantee shall place insurance with insurers licensed to do 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 placed with insurers or re -insurers licensed in the State of Washington.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
8. Worker's Compensation (Industrial Insura
If and only if the Consultant employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Consultant, the Grantee 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.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with limits
meeting all applicable state and federal laws.
This coverage shall extend to any Sub -Grantee that does not have their own worker's
compensation and employer's liability insurance.
The Grantee 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 the case
of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Grantee.
9. Com.12liance with Laws. Guidelines. The Grantee shall comply with all federal,
state,, and local laws and all requirements (including certifications and audits), to the extent
applicable, when seeking Reimbursement.
10. Maintenance and Audit of Records. The Grantee shall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These records
shall be subject to inspection, review and audit by the County or its designee, the Washington
State Auditor's Office. If it is determined during the course of the audit that the Grantee was
reimbursed for unallowable costs under this Agreement or any, the Grantee agrees to promptly
reimburse the County for such payments uponrequest.
Notices. Any notice desired or required to be given hereunder shall be in writing,
and shall be deemed received five (5) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested., and addressed to the party to which it is intended
at its last known address., or to such other person or address as either party shall designate to the
other from time to time in writing forwarded in like manner:
Grantee
Jamie Maciejewski
Executive Director
Habitat for Humanity of East Jefferson County
PO Box 658
Port Townsend,, WA 98368
Jefferson County
Mark McCauley
County Administrator
61
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
12. Im.12roperInfluence. Each party warrants that it did not and will not employ, retain, or
contract with any person or entity on a contingent compensation basis for the purpose of seeking,
obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents
that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,
maintaining, or extending this Agreement.
13. Conflict of Interest. The elected and appointed officials and employees of the parties
shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest.
14. Time.. Time is of the essence in this Agreement.
15. Survival. The provisions of this Agreement that by their sense and purpose should
survive expiration or termination of this Agreement shall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit of Records.
16. Amendment. No amendment or modification to this Agreement will be effective
without the prior written consent of the authorized representatives of the parties.
17. Governifly . .Law; Venue. This Agreement will be governed in all respects by the laws
of Washington state, both as to interpretation and performance, without regard to conflicts of law
or choice of law provisions. Any action arising out of or in connection with this Agreement may
be instituted and maintained only in a court of competent jurisdiction in Jefferson County,
Washington or as provided by RCW 36.01-050.
18. Non -Waiver. No failure on the part of the County to exercise, and no delay in
exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial
exercise by the County of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right. The remedies herein provided are cumulative and not exclusive of any
remedy available to the County at law or in equity.
19. Bind in &,.-Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
20. Assignment,, Neither party shall assign or transfer any of its interests in or obligations
under this Agreement without the prior written consent of the other party.
21. Entire. - Agreement. This Agreement constitutes the entire agreement between the
County and the Grantee for the use of funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between the parties with respect to this Agreement.
22. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer
any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligation which either party has to the Washington
State Department of Commerce of these grant funds, including the obligation to provide access to
Ze
records and cooperate with audits as provided in this Agreement.
23. Severability. In the event that one or more provisions of this Agreement shall be determined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder
of this Agreement shall remain in full force and effect and the invalid provisions shall be deemed
deleted.
24. Counterparts. This Agreement may be executed in counterparts, any of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
25. Authorization. Each party warrants to the other party, that the person executing this
Agreement on its behalf has the full power and authority to do so.
26. Public Records Act. Notwithstanding any provisions of this Agreement to the contrary,
to the extent any record, including any electronic, audio, paper or other media, is required to be
Dept or indexed as a public record in accordance with the Washington Public Records Act, Chapter
42.56 RCW (as may be amended), the Grantee agrees to maintain all records constituting public
records and to produce or assist the County in producing such records, within the time frames and
parameters set forth in state law. The Grantee also agrees that upon receipt of any written public
record request, Grantee shall, within two business days, notify the County by providing a copy of
the request per the notice provisions of this Agreement.
(SIGNATURES APPEAR ON THE NEXT PAGE)
rA
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of
the last date signed below.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
4
IIn
Greg Brotherton, Chair DATE
SEAL:
ATTEST:
Carolyn Gallaway DATE
Clerk of the Board
Approved as to form only:
V C t� March 16, 2023
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
HABITAT FOR HUMANITY OF EAST
JEFFERSON COUNTY
Jamie Maciejewski DATE
Executive Director
EXHIBIT A - SEE THE NEXT PAGE
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��U��N�N���� We build strength, stability, self-reliance and shelter.
for Humanity'
of East Jefferson County
Jefferson County Board ofCounty Commissioners
Jefferson County Courthouse
182OJefferson Street
Port Townsend VVA 98368
Re: "Last Call" for Remaining ARPA Funds
Dear Commissioners,
Habitat for Humanity ofEast Jefferson County (Habitat)isrequesting anadditional $lOU,0OOfrom the remaining
ARPA funds for the master planning of the mixed -income, permanently -affordable Mason Street project(Mason
St project). Asshown onthe attached budget, the original $50IOOOinARPAfunding awarded bythe County
was directed toward the purchase of the former airstrip, parcel 901023007, located at 231 Mason Street in Port
Hadlock, and the combination of additional funds received and pledged contributions is $5,118,715. However, a
funding gap of $165,800 remains for the master -planning and infrastructure work that needs to be
accomplished by the end of FY25 (June 30, 2025) in order to meet the timellne for construction in tandem with
the sewer installation.
In January, Habitat issued an RFP for the master planning. The target date for selection of a master -plan firm is
May1, 2O23.VVeanticipate the cost tobesimilar tothe work being done for Evans Vista inPort Townsend, and
will have more information once the RFPresponses are received. The deadline for RFPresponses isMarch l.
Several expense categories in the attached budget are estimates that may be adjusted during the planning
process. We believe these estimates to be low, however, if the reverse is true, the surplus will be directed to
the vertical construction phases ofthe project.
Since acquiring the property, with thanks to the invaluable contributions of individual donors, the County,and
Jefferson Community Foundation, Habitat has made significant progress in clearing the property of debris and
detritus(UtenaUytons)'respectfaUyandcoopenetiwe|yre|ocatingtheformerhumaninhabitants'andbuUding
trust and rapport with the surrounding neighbors.
ItisHabitat's understanding that the success ofPhase lofthe County Sewer Project isdependent onthe Mason
5tproject keeping pace. |naddition, we are keenly aware ofthe desperate need inour County for "workforce"
housing that is accessible across the range of low- to moderate -income community members. The Mason 5t
projectconbeagamechangerfortheTri`Area'andvvemmuld|ihetode|iveritasqo(ck|yaspossib|e.
Asthe Commissioners are aware, the Mason Stproject will add critical mass needed tofill the sewer pipeline,
supply housing for existing and new community families that will add students tothe local schools, and fill the
many empty work positions in our local business and governments. Receiving this additional ARPA funding will
help ensure that our planned timelines won't slip and that together we can achieve the ambitious goals of both
Habitat and the County.
Thank you for your consideration,
In partnership,
Maria Drury
Director of Engagement
POBox 658,Port Townsend, VVA98388 tel (360)378-2827 info@habitauajc.org www.habitatejcor
Budget for Mason Street Project - FY22 through FY25
Property Acquisition, Master Planning, and Infrastructure Build -Out
Expenses through FY25
Purpose Cost Notes
Feasibility, Land Acquisition, Clean-up $11284,595 Actual as of 1/31/23
Project Management $250,000
Design $150,000
Engineering $100,000
Infrastructure Installation $3150O,000 Projected to begin in FY25
Total Expenses $51,284,595
Revenue through FY25
Source
Received to -date
Direct Individual Donors (8)
ARPA Funding via Jefferson County
Jefferson Community Foundation
Pledged but not received
Individual Donor Pledges (7}
Amount
Notes
$336,509 Received to date
$500,000 Land Acquisition
$275,000 Includes Donor -Advised Funds (2)
Documented + Verbal
Total Revenue $2, 991p 509
Funding Gap $2,293,08 Fundraising efforts ongoing
jeffbocc
From: Maria Drury emaria@habitatejc.org>
Sent: Thursday, February 16, 2023 5:26 PM
To: jeffbocc
Cc: Mark McCauley
Subject: Supplemental Letter to ARPA proposal
Attachments: ARPA Funding Request - Supplemental Letter 02.16.23.pdf
ALERT: RE CAUTIOUS This email originated outside the organization. Do not open ,attachments or click on links if you
are not expecting them.
Dear Julie and Mark,
Please accept this supplemental letter to our ARPA proposal. It corrects some arithmetical typos in two
places, outlined in the letter. The proposal remains otherwise unchanged.
Thank you,
Maria Drury
Maria Drury I she/her/hers
Director of Engagemert
Hat) tat for Hwrrarr i ly of East Jefferson County
P.O. Box 58 • Port Townsend, VVA 98368
office: 3 - D; 379-28 7 = ce I, c3A80; 316-1 44
mariaa,habitateic.org a habitatejc.org
Habitat'
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Our vision 1s a world vi/here everyone has a decent piac ' to live
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4
Habitat We build strength, stability, self-reliance and shelter.
for Humanity'
of East Jefferson County
February 16, 2023
Jefferson County Board of County Commissioners
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend WA 98368
Re: "Last Call" for Remaining ARPA Funds — Supplemental Letter to correct funding gap amount in text
Dear Commissioners,
This letter is submitted as supplemental to Habitat's request far $ 100, 000 of the remaining ARPA funds, in order
to correct two arithmetic typos in the REVISED letter:
• The total funds received and pledged through FY25 = $3,9200685
• Funding gap between estimate of expenses and total funds pledged/received through FY25 = $1,363,910
The corrected budget is attached; however, the original request remains unchanged.
Thank you for your consideration,
In partnership,
Maria Drury
Director of Engagement
PO Box 658, Port Townsend., WA 98368 tel (360) 379-2827 info@habitateic.org www- habitatejc.org
Budget for Mason Street Project
Property Acquisition, Master Planning, and Infrastructure Build -Out
Expenses through FY25
Purpose
Cost
Notes
Feasibility, Land Acquisition, Clean-up
$1,284,595
Actual as of 1/31/23
Project Management
$250,000
Design
$150,000
Engineering
$100,000
Infrastructure Installation
$3,500,000
Projected to begin in FY25
Total Projected Expenses
$5,284,595
Revenue raised/pledged through FY25
Source
Amount
Notes
Received to -dote
Direct Individual Donors (6)
$852,509
Received to -date
ARPA Funding via Jefferson County
$500,000
Land Acquisition
Jefferson Community Foundation
$284,000
Includes Donor -Advised Funds (3)
Pledged but not received
Documented + Verbal
Individual Donor Pledges (7)
$2,284/176
Pledges receivable through FY25
Total Contributed Revenue
$3,920,685
Funding Gap $1,363,310 Fundraising efforts ongoing