HomeMy WebLinkAboutOlyCAP Caswell Brown Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: January 8, 2024
SUBJECT: AGREEMENT re: 2024 Affordable Housing/Homelessness Grant Funding;
Caswell-Brown Village; In the Amount of$105,000; County Administrator;
OlyCAP
STATEMENT OF ISSUE:
On December 4, 2023 the Board of County Commissioners approved the Housing Fund Board's 2024 grant
recommendations for Affordable Housing Fund 148, Homeless Housing Fund 149, 1590 and 5386 Funds.
One of the recommendations was for OlyCAP to receive $105,000 to operate the Caswell-Brown Village.
ANALYSIS:
The attached Grant Agreement will provide the $105,000 in funds approved by the Board of County
Commissioners on December 4, 2023.
FISCAL IMPACT:
$105,000 from Fund 149.
RECOMMENDATION:
Approve the attached Grant Agreement with OlyCAP
REVIEWED BY:
/z?
Mark McCaule ounty Administrator Q Date
Grant Agreement by and Between Jefferson County
and
Olympic Community Action Programs (OlyCAP) Caswell-Brown Village
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 tosupport
affordable housing; and
WHEREAS, RCW 82.14.540 authorizes the use of SHB 1406 sales tax revenues to support
affordable housing; and
WHEREAS, RCW 36.22.250 authorizes the use of SSB 5386 sales tax revenues to support
affordable and homeless housing; and
WHEREAS, on August 28, 2023 the Board of County Commissioners approved funding
levels and authorized the release of a Request for Proposals for the funds collected pursuant
to the above cited RCW's; and
WHEREAS, on December 4, 2023 the Board of County Commissioners approved the
Housing Fund Board's recommendation for 2024 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$105,000,
all coming from Fund 149. 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 1,2024 and shall be completed by December 31, 2024.
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 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 grantas described in Section 1. Such invoices, once
approved, 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:
j. 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);
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 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.
I. 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.
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
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.
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.
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)
IN WITNESS WHEREOF,the parties have caused this Grant Agreement to
be executed this day of _ 2024.
Jefferson County Olympic Community Action Programs
Board of Commissioners
Signature Date
Printed Name / Title
By: —
Kcxte o-ean, Chair Date
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
Approved as to form only:
$xjm-a..'b-f*G,•A0UPV`- 12/29/2023
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
EXHIBIT A - SCOPE OF WORK
PROJECT DESCRIPTION
• Name of Project: Caswell-Brown Village
• Amount requested: $105,000 from Fund 149
Provide a brief description of the Project or Program:
Caswell-Brown Village (CBV) is an original concept open air shelter. It was brought about
by the COVID-19 pandemic when numerous homeless individuals began to camp at the
Jefferson County fairgrounds. This provided a unique opportunity for service providers to
find all these people in one location rather than dispersed around the city and county. The
fairgrounds as a location eventually became problematic, so service providers, campers,
emergency responders, law enforcement, and local government all came together to find a
new,permanent location. The solution and location found is what has become CBV. It is a
transitional housing/open air shelter with 40 "units" of housing, including a mix of tiny
shelters and RV/camping sites. All residents have access to bathroom facilities, including a
shower trailer, and a communal cooking space. The location is monitored by OlyCAP, but
community agreements and ground rules are largely set by the residents, who have a self-
governing board to help keep people accountable and safe. There are plans in place to
continue to expand the CBV model to include traditional emergency shelter and units of
permanent supportive housing to both complement the open-air shelter. This will give
individuals a variety of choices of shelter types to best serve all people, including those who
would not prefer to go to a traditional shelter.
Specify the Project or Program goals and expected outcomes. Specify the methods by which
the Project or Program will be measured and assessed:
OlyCAP utilizes a Housing First approach, which recognizes that stable housing is an
essential element in long term stability. Given the difficulty of finding accessible and
affordable housing in this area, CBV is an in- between solution to give homeless individuals
a safe,stable place while they work towards a permanent housing solution. The program
aims to be as low barrier as possible and prioritizes identifying and serving unsheltered,
highly vulnerable families and individuals who have the most barriers to accessing and
sustaining housing independently. Staff engage with all participants to identify potential
barriers to program access and offer support.and/or reasonable accommodations necessary
to screen participants in rather than out. Staff assist participants in identifying housing
options as the first and primary goal. While residents at CBV, OlyCAP Housing staff offer a
wide variety of voluntary supportive services which residents can chose whether or not to
participate in. Services include assistance with substance abuse/mental health counseling,
family reunification, education support, budgeting, credit repair, access to legal services,
and connection to government assistance programs (such as SNAP, SSI, or disability).
These services help support the overall program goal of moving residents towards
permanent, stable housing by addressing individual barriers. Our outcomes are measured by
number of individuals served, how long it takes for individuals to gain access to permanent
housing, whether they stay in permanent housing, and whether supportive services help them
to increase several factors including education and employment. All of these are measurable
outcomes we track through our intake at the shelter, OlyCAP database system CAP60, and
the Homeless Information Management System managed by the Washington State
Department of Commerce(HMIS).
Specify the number of unites of housing to be created or number of individuals who will be
served by the Project or Program:
40 units (20 tiny shelters and 20 RV/campsites), with a maximum capacity of 50
individuals. From October 2022 to September 2023, the tiny shelters served 41 individuals
with 4, 671 bed nights, while the RV/campsites served 50 individuals with 4,693 bed nights.
EXHIBIT B—BUDGET
Budget Categories Program Proposal Justification Priority
Salaries $186,490 $186,490 Essential funds. Management
and monitoring are essential for
program operation. Without
salary for monitors the shelter
cannot run safely
Benefits $61,541 $61,541 Essential funds. Most of the
positions are full time, which
requires benefits.
Rental Subsidies $0 $0
Utilities $22,542 $22,542 Essential funds. Without
funding to cover utility
payments, residents would not
have access to electricity or
clean water, which would pose
a health and safety risk
Insurance $3,317 $3,317 Essential funds
Food/Supplies $0 $0
Furnishings/Equipment $4,998 $4,998 Furnishing will be needed for
new donated building on site
and potentially new building if
com leted in 2024
Repair/Maintenance $9,270 $9,270 The site must be kept
maintained for use by residents.
Repairs and maintenance can
include work on the kitchen
space, shower trailer, septic
s stem and more.
Transportation $0 $0
(explain)
Subtotal $288,158 $288,158
Administration (10% $28,816 $28,816
max
TOTAL 1 $316,974 1 $316,974
If your Project or Program includes salaries and benefits, please list position(s) and FTE to be
paid by these funds (FTE should be that percentage of time the employee is dedicated to this
Project or Program):
Benefits FTE
Shelter Manager $29,000 $9,570 .5
Shelter Supervisor $20,800 $6,864 .5
Monitors $131,040 $43,243 3.5
Maintenance Staff $5,650 1 $1,864 1 .125
CONTRACT REVIEW FORM 'learForm
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Olympic Community Action Programs(OIyCAP) Contract No: HFB-OLYCAP-CASWELL
Contract For: Caswell-Brown Village Tenn:
COUNTY DEPARTMENT: CAo
Contact Person: Caroyn Gallaway
Contact Phone: 360-385-9122
Contact email: carolrOco jeRerson.wa us
AMOUNT: $105.000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # 149 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPL NCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A:❑■ 7 /1 .3 g1Z
C Signature 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: a ``E. A k�4 (L/L y l 3
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/29/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserflche):
Electronically approved as to form by PAO on 12/29/2023.
PAO Approved as to form 12.29.2023
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