Loading...
HomeMy WebLinkAboutCONSENT Housing OlyCAP Caswell Brown JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Jefferson County Board of Commissioners FROM: Carolyn Gallaway, Clerk of the Board DATE: �Cc(�i��t✓� ZC:�Z SUBJECT: AGREEMENT re: 2025 Affordable Housing/Homelessness Grant Funding; Olympic Community Action Program (OlyCAP)—Caswell Brown Village; In the Amount of $660,000; County Administrator; OlyCAP STATEMENT OF ISSUE: On November 8, 2024 the Housing Fund Board met and reviewed the RFPs received. On. November 18, 2024,the Board of County Commissioners approved the Housing Fund Board's 2024 funding recommendations for Affordable Housing Fund 148, Homeless Housing Fund 149, 1590 and 5386 Funds. One of the recommendations was for OlyCAP to receive $660,000 for the Caswell Brown Village. ANALYSIS: The attached Grant Agreement will provide $660,000 in funds approved by the Board of County Commissioners on November 18, 2024. FISCAL IMPACT: $660,000 from Fund 148. RECOMMENDATION: Approve the attached Grant Agreement. REVIEWED BY: 1,021 a Mark McCaule , ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Olympic Community Action Program (OlyCAP) Contract No: OlyCAPCBV2025 Contract For: Caswell Brown Village Term: 1/1/25-12/31/25 COUNTY DEPARTMENT: County Administrator Contact Person: Carolyn Gallaway Contact Phone: 360-385-9122 Contact email: carolyn@co.jefferson.wa.us AMOUNT: $660,000 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 # 148 ✓ 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: a N/A: 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. raCERTIFIED: � N/A: l_ Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/26/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserriche): Electronically approved as to form by PAO on 12/20/2024. Pre-reviewed by PAO. 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 Olympic Community Action Programs ("OlyCAP") Caswell-Brown Village For Affordable Housing/Homelessness Services Grant Funding WHEREAS, RCW 36.22.250 authorizes the use of SSB 5386 a recording fee surcharge to provide funding for affordable housing services, homeless housing and assistance, and 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, on September 3, 2024 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 November 18, 2024 the Board of County Commissioners approved the Housing Fund Board's recommendation for 2025 funding; NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington ("County"), and Olympic Community Action Programs, a non-profit corporation in Washington State ("Recipient"), in consideration of the mutual benefits, terms, and conditions hereinafter specified, do hereby agree as follows: 1. Grant Commitment. A grant of funds is hereby made to Recipient for use of the Project described in Section 2.The approved maximum amount of the grant shall be$660,000, all coming from Fund 148. Payment of grant funds shall be made 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 1,2025 and shall be completed by December 31, 2025. 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 that includes all of the following: a. 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; and, b. 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 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 Recipient 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 Recipient 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 Recipient and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Recipient's liability, including the duty and cost to defend, shall be only for the Recipient's negligence. It is further specifically understood that the indemnification provided constitutes the Recipient'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; in.. 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. 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. m. 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 anyway. 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. 22.Reports: An annual report form will be due no later than January 31, 2026. The report form will be distributed before the end of the year. Non-compliance may result in no funds awarded in the future. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be executed this day of 2075, Jefferson County Olympic Community Action Programs Board of Commissioners Signature Date Printed Name/Title By: Date SEAL: ATTEST: Carolyn Gallaway, (WIC Date Clerk of the Board Approved as to form only: 1�- Zd for 12/20/2024 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney EXHIBIT A - SCOPE OF WORK PROJECT DESCRIPTION • Name of Project: Caswell-Brown Village • Amount requested: $660,000 from Fund 148 Provide a brief description of the Project or Program: Caswell-Brown Village (CBV) is an original concept open air shelter. This transitional emergency housing has 20 units of emergency tiny shelters and 20 RV safe camping spaces. All have access to bathroom facilities, a mobile shower trailer, and communal cooking space. OlyCAP staff monitor the grounds 24/7 this includes 4 resident monitors hired from the CBV residents and trained in state-of-the-art Crisis De-escalation techniques. CBV is set up for self-governance through an established Resident Council who meet with the Housing Director and Shelter Management monthly to discuss priorities and needs. Plans are underway to expand this model to include a brick-and-mortar emergency shelter and permanent supportive housing and the development for a Jefferson County respite for people experiencing homelessness who have acute medical conditions that cannot be treated while living on the street. This Project will (1)replace the 20 RV camping spaces with new units of 20 tiny shelters and(2)replace the bathroom and shower trailers with a permanent structure to house bathroom, shower and laundry facilities, as well as, (3)provide for operating expenses for the site. The priorities are first for the operating expenses; second the bathroom/showers/laundry facility and third is for the funding of the tiny home shelters. Specify the Project or Program goals and expected outcomes. Specify the methods by which the Project or Program will be measured and assessed: Housing First is a long-standing best practice that understands positive outcomes in health, substance addiction and mental health are best supported when an individual is in safe and stable housing. Given the difficulty of accessing affordable housing in this area, CBV is a temporary solution to give individuals a safe, stable place while they work towards permanent housing and self-sufficiency. This program works to prioritize the most vulnerable individuals with the most barriers to accessing those supports that allow them to live independently and safely. All area partners are welcome to provide services on-site to participants at CBV including but not limited to, housing case management, mental health services, DV services, harm reduction services, and wound care. Services can also include employment and assistance accessing programs such as SNAP, SSI, and the Home Fund for obtaining essential items like work clothes and IDs. Through the provision of stability and an array of services the goal is to reduce the strain on the community thus reducing the use of emergency services including first responders, calls to 911, and emergency room visits as well as jail and arrests while building a pathway to self-sufficiency and permanent housing. Specify the number of units of housing to be created or number of individuals who will be served by the Project or Program: 20 tiny shelters will be created in addition to serving 20 existing tiny shelters. Currently there are also 20 RV camping sites which will be replaced by the new units of tiny shelters. The RVs will be phased out and replaced with larger tiny shelter units from Community Build. Long-term living in RVs present a high risk of mold, carbon monoxide poisoning and fire. Removing old RVs in ill repair has created a high cost with a minimum price tag $1,200 per tow. It is both safer and more cost-effective to phase out RVs on-site and replace with tiny shelters. EXHIBIT B—BUDGET CAPITAL BUDGET FOR REAL ESTATE DEVELOPMENT USES TIKY SHELTERS tG eras, Estimate Bub of Estimate Total Acquisition Cwu S None Required Consttetion $190,000 Cost to build 20 tiny shelters—Materials and licensed subcontractors for electricalrequirements;labor will be donated by Community Build Construction Fees S Financing Fees and S Char es Guarantees and Reserves S Developers Fee $ Other S20,000 Cost to trove shelters from building site to Caswell Brown. Subtotal Is - -- I TOTAL I S SOURCES rincing Categories Estimator Indicate if Committed or Application bas been made. If not made indicate date aooiication is to be submitted Private Loan ISO Jefferson County Funds SO Public Sources(State or I SO Federal Funds Foundations SO Donations SO Low Income abusing SO Tax Credits(indicate 99/6 Historic Tax Credits $O New Market Tax Credits SO G if any $200,000 TOTAL S Please include any budget narrative that is descriptive or helpful to explain any part of your proposed expenditures in your capital budget(s). (LIMIT 300 WORDS) OlyCAP is partnering with Community Build to replace the current RVs with tiny shelters. Volunteers will provide labor and this request is for materials and licensed subcontractors such as electricians. The shelters will be built off site and moved to Caswell Brown after completion in order to reduce insurance costs and eliminate other fees. This project can be scaled as each shelter is $10,000. Community Build will fund raise for furniture items such as beds. CAPITAL BUDGET FOR REAL ESTATE DEVELOPMENT USES PERMAINENT BATHROOM,SHOWER AND LAUNDRY FACILITY Financing Categories Estimate I Basis of Estimate Total Acquisition Costs $ None Required _ Construction $450,000 Materials,Concrete foundation,Llectrical and plumbing subcontractors And septic,electr' connections Construction Fees $ _ Financ ing Fees and $ Charges Guarantees and Reserves S _ Developers Fee $ Subtotal Is TOTAL 1$450.000 SOURCES Financing Categories Estimator Indicate if Committed or Application has been made.If not made _ indicate date application is to be submitted Private Loan $0 Jefferson County Funds $104,000 CDBG Funds—Application has been made;The county has indicated that they are favorably disposed to the application.There is a required hearinst on November 4 Public Sources(State or SO Federal Funds) Foundations S0 Donations $0 l.ow Income Housing so Tar Credits(indicate 9% or 4%) Historic Taxcredits $0 New Markd Tax Credits 1 50 Gap('fan — — IS346,000 TOTAL S4150,000 _ Please include any budget narrative that is descriptive or helpful to explain any part of your proposed expenditures in your capital budget(s). (LIMIT 300 WORDS) CDBG Funds will assist in funding costs for a bathroom, shower and laundry facility on site. The existing shower trailer was not meant for, nor can it withstand the level of use associated with a 40 unit site. This new facility will provide adequate hygiene and toilets for those served. This also includes a communal area and office where service providers can meet residents on-site year-round 24/7 as well as provide a space for residents to hold 12 step and community support meetings. Olycap is partnering with Community Build and to the extent feasible within regulations Community Build will provide labor for this effort. Community Build will also fund raise for appliances. PROGRAM OPERATING BUDGET Budget Categories Program Proposal Justification Priority Salaries $202,000 $202,000 Three full time staff managing, super vising and monitoring the site 24.7;4 part time resident monitors Benefits $51,200 $51,200 Rental Subsidies Utilities $24,000 $24,000 Insurance $3,500 $3,500 Food/Supplies Furnishings/Equipment $5,000 $5,000 Repair/Maintenance $10,000 $10,000 Transportation(explain) Subtotal $295,700 $295,700 Administration $29,570 $29,570 10%max TOTAL $325,270 $325,270 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): Position $epe Shelter Manager $46,000 $18,400 1 Shelter Supervisor $42,000 $16,800 1 Shelter Monitor $40,000 $16,800 1 Resident Shelter Monitor $66,000 0 1.5 (3 part time staff) Seasonal Monitor $8,000 0 .36 TOTAL $202,000 $51,200