HomeMy WebLinkAboutWORKSHOP Review County contracts - Olympic Community Action Programs (OlyCAP) re_ Community Center ManagementP 19. ?--
AGREEMENT
By and Between
OLYMPIC COMMUNITY ACTION PROGRAMS, OlyCAP
And
JEFFERSON COUNTY
For Community Services Grant Funding, 2023-2025
Purpose: The purpose of this Community Services Grant is to promote community -based services
for the benefit of Jefferson County residents.
Parties: This grant is to assist Olympic Community Action Programs, hereinafter known as
OlyCAP," a private, non-profit corporation in the State of Washington, for the purposes provided
herein, with funds allocated by Jefferson County, hereinafter known as "COUNTY," a municipal
corporation.
SECTION 1: SERVICES TO BE PERFORMED BY OLYCAP
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A. OlyCAP shall use its capacities to continue to operate the TRI-AREA, QUILCENE and (
BRINNON COMMUNITY CENTERS which includes:'
1. Provide daily operation of the Centers including scheduling of events, program planning and
activities, and building security. `
2. Assist the senior population in meeting basic life -sustaining and social needs.
3. Be a conduit and referral center for senior citizens to gain access to local, state and federal
programs.
4. Schedule use of the Centers by community groups and organizations.
a. Should a for -profit or not -for -profit entity, business, firm or agency (collectively a
lessee") seek exclusive use (based upon delineated and agreed upon hours and days of
the week for said exclusive use) of a portion of a County owned community center for
more than 80 hours per month in two or more months during any calendar year, then the
lessee shall be required to enter into a written_ lease with Jefferson County to govern the
terms and obligations of said exclusive use, naming OlyCAP as a third -party beneficiary
for an appropriate portion of the lease payment. Jefferson County will consult with
OlyCAP in developing the terms of the lease and will comply with all laws regulating the
lease of public property.
5. Purchase of necessary operating supplies. Cleaning and facility operating supplies shall be
approved by Jefferson County Facilities Division.
2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OlyCAP)
6. Purchase and replace interior light bulbs and fluorescent lamps as part ofthe operating
supplies referred to in paragraph 5 above. Brand and style of lamps are to be approved by
Jefferson County Facilities Division. All used fluorescent tubes shall be boxed and returned to
Jefferson County Facilities Division for disposal.
7. Provide and manage routine custodial functions including but not limited to restrooms, floor
care, room set up and minor emergency plumbing such as plugged or overflowing toilets. To
ensure quality of care, OlyCAP shall receive guidance from the Jefferson County Facilities
Division as outlined in Attachment A.
8. Provide general landscaping and grounds maintenance.
9. Pay utility service charges, which may include but are not limited to telephone, garbage, water
and electrical services.
10. Appoint local advisory boards, one for each community center.
11. Work cooperatively with the American Red Cross and Jefferson County Department of
Emergency Management in the event of an emergency to provide the use of the county owned
facilities as mass care shelters.
B. Reporting/Notification Responsibilities of OlyCAP.
1. Provide to the COUNTY a quarterly statistical report of Center use, services, programs and
activities of each Center -based program, a report of Center costs (including but not limited to
utility, and operating and cleaning supplies costs), as well as a report of all revenues from
rentals or lease agreements of the Centers, and a billing for monthly payment through the
Community Services Grant.
2. Notify the COUNTY of changes in the use that may significantly impact normal wear and tear
of a Community Center.
3. All OlyCAP financial and program records with respect to any matters covered by this
Agreement shall be made available to the County at any time during normal business hours to
allow the County to verify quarterly reports and to inspect, audit and make copies of any
relevant data.
SECTION 2: RESPONSIBILITIES OF JEFFERSON COUNTY
A. The COUNTY agrees to provide for maintenance and repair of real property (building and
parking lot, and any on -site water and septic systems) including but not limited to maintenance
and repair of utility lines, plumbing, kitchen equipment, floor repair, and exterior lighting.
B. The COUNTY will provide OlyCAP with a grant to meet the purpose and for services performed
under this Agreement.
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2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OlyCAP)
The grant shall be in the total sum of $173,500 for calendar year 2023, with 3% increases in 2024
178,705) and 2025 ($184,067). Grant payments shall be made monthly. Payments are
predicated on quarterly reports defined in Subsection 1.13.
SECTION 3: TERM
This Agreement shall be for a term of three years, commencing on January 1, 2023 and ending
December 31, 2025. All work performed consistent with this Agreement and within its term, but
prior to the execution of this Agreement, is hereby ratified.
SECTION 4. RENTAL AND LEASE INCOME
OlyCAP will retain all income derived from the rental or lease of the Community Centers in order to
support the costs of its responsibilities as described in this Agreement, except as provided in
Subsection 1.A.4.
SECTION 5: ASSIGNMENT
Either party to the Agreement shall not assign this Agreement, except by signed amendment.
SECTION 6: MODIFICATION
This Agreement may be modified during the term of the Agreement by mutual agreement of the
parties and appended in writing to the Agreement.
SECTION 7: TERMINATION
The Agreement may be terminated, upon thirty (30) days written notice for any material breach of
any of the terms of the Agreement by either party. After receipt of notice, and before termination, the
party in default may cure the defect, in which case the Agreement shall continue in force for the full
term. The COUNTY shall be refunded a pro -rated share of the agreed funding upon termination based
upon the balance of time remaining in the term unless otherwise negotiated.
SECTION 8: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
OlyCAP shall comply with all Federal, State, and local laws and ordinances applicable to the work to
be done under this Agreement. This Agreement shall be interpreted and construed in accord with the
laws of the State of Washington and venue shall be in Jefferson County, WA.
SECTION 9: HOLD HARMLESS
OlyCAP shall indemnify and hold the COUNTY, and it officers, employees and agents harmless
from and shall process and defend at its own expense, including all costs, attorney fees and expenses
relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or
indirectly, from OlyCAP's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein shall require OlyCAP to indemnify the COUNTY against and hold
harmless the COUNTY from claims, demands or suits based solely upon the conduct ofthe
COUNTY, its officers, employees and agents, and; provided further that if the claims or suits are
caused by or result from the concurrent negligence of (a) OlyCAP's agents or employees; and (b) the
Page 3 of 7
2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OIyCAP)
COUNTY, its officers, employees and agents, this indemnity provision with respect to claims or suits
based upon such negligence, and/or the costs to the COUNTY of defending such claims and suits,
etc., shall be valid and enforceable only to the extent of OlyCAP's negligence, or the negligence of
OlyCAP's agents or employees.
OlyCAP specifically assumes potential liability for actions brought against the COUNTY by
OLYCAP's employees, including all other persons engaged in the performance of any work or
service required of OlyCAP under this Agreement and, solely for the purpose of this indemnification
and defense, OlyCAP specifically waives any immunity under the state industrial insurance law, Title
51 RCW. OlyCAP recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 4.24.115 and was subject of mutual negotiation.
SECTION 10: INDEMNITY
OLYCAP shall indemnify and hold the COUNTY, and its officers, employees, agents and volunteers
and their marital communities) harmless from and shall process and defend at its own expense,
including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or
equity arising in whole or in part, directly or indirectly, from OlyCAP's negligence or breach of an of
its obligations under this Agreement; provided that nothing herein shall require OlyCAP to indemnify
the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely
upon the conduct of the COUNTY, its officers, employees, agents and volunteers (and their marital
communities), and; provided further that if the claims or suits are caused by or result from the
concurrent negligence of. (a) OlyCAP' agents or employees; and , (b) the COUNTY, its officers,
employees agents and volunteers (and their marital communities), this indemnity provision with
respect to claims or suits based upon such negligence, and or the costs to the COUNTY of defending
such claims and suits, etc., shall be valid and enforceable only to the extent of OlyCAP's negligence,
or the negligence of OlyCAP's agents or employees.
OlyCAP specifically assumes potential liability for actions brought against the COUNTY by
OlyCAP's employees, including all other persons engaged in the performance of any work or service
required of OlyCAP under this Agreement and, solely for the purpose of this indemnification and
defense, the Contractor specifically waives any immunity under the state industrial insurance law,
Title 51 RCW. OlyCAP recognizes that this waiver was specifically entered into pursuant to
provisions of RCW 4.24.115 and was subject of mutual negotiation.
SECTION 11: INDEPENDENT CONTRACTOR
OlyCAP and the COUNTY agree that OlyCAP is an independent contractor with respect to the
services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to
create the relationship of employer and employee between the parties hereto. Neither OlyCAP nor
any employee of OlyCAP shall be entitled to any benefits accorded County employees by virtue of
the services provided under this 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, otherwise assuming the duties of an employer with respect to OlyCAP, or any
employee of OlyCAP. OlyCAP agrees to file all necessary governmental documents, including tax
returns, reflecting income status as an independent contractor for services rendered to the COUNTY
under this Agreement. Should any governmental agency audit the files and request information on
Page 4 of 7
2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OlyCAP)
either OlyCAP or the COUNTY, OlyCAP and the COUNTY agree to furnish immediately the
requesting party with any records, including tax returns, relating to the services rendered under this
Agreement.
SECTION 11: INSURANCE
OlyCAP shall obtain and keep in force during the term of the contract, or as otherwise required, the
following insurance.
A. Commercial General Liability Insurance. OlyCAP shall maintain commercial general liability
coverage on a form acceptable to Jefferson County Risk Management for bodily injury, personal
injury, and property damage, with a limit of not less than in the amount of at least $1 million per
occurrence, for bodily injury, including death, and property damage.
B. Worker's Compensation (Industrial Insurance). OlyCAP 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.
SECTION 12: 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, must be kept or indexed as a public record under the
Washington Public Records Act, Chapter 42.56 RCW (as may be amended), OlyCAP 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 in state law. OlyCAP also agrees that upon
receipt of any written public records request, OlyCAP shall, within two business days, notify the
COUNTY by providing a copy of the request per the notice provisions of this Agreement. This
Agreement, once executed, will be a "public record" subject to production to a third party if it is
requested under the Washington Public Records Act, Chapter 42.56 RCW (as may be amended).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this G7
day of l C,k k),e— , 2022.
SIGNATURES APPEAR ON THE NEXT PAGE
Page 5 of 7
2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OlyCAP)
IEF .RSON COUNTY
Attest: KO%
Eise
COMMISSIONERS
a'°-
Carolyn allaway, eiour, Chair
Clerk of the Board
Approved as to Form: Olympic Community Action Programs, OlyCAP
Dec tuber 13, 2022
Philip Hunsucker, Cherish Cronmiller Date
Chief Civil Deputy Prosecutor Executive Director
Page 6 of 7
2023-2025 Community Services Grant Agreement with Olympic Community Action Program
OIyCAP)
ATTACHMENT A
Custodial Duties
Daily: Clean and sanitize restrooms
Empty trash cans
Bi-Weekly: Vacuum all carpets
Tri-Weekly: Sweep and mop all hard floors
Annually: Wash windows
Wipe down all doors and woodwork
Assist county staff with heavy maintenance of all floors.
Other: Set-up rooms as directed by building manager
Page 7 of 7
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 19, 2022
SUBJECT: Request for Board of County Commissioners approval of a grant
agreement with OlyCAP for managing three Jefferson County community centers:
Tri-Area, Quilcene and Brinnon
STATEMENT OF ISSUE:
Jefferson County has contracted with OlyCAP for many years to manage three Jefferson County community
centers: Tri-Area, Quilcene and Brinnon. The grant agreement needs to renewed.
ANALYSIS:
The attached three-year agreement provides grant funding for 2023 through 2025. The grant amount for
2023 is $173,500, for 2024 is $178,705 and for 2025 is $184,067.
FISCAL IMPACT:
Fiscal impact for 2023 is $173,500, for 2024 is $178,705 and for 2025 is $184,067, all to be paid out of the
Community Services Department — 068 of the General Fund.
RECOMMENDATION:
That the Board of County Commissioners approve the attached grant agreement with the OlyCAP for
managing three Jefferson County community centers: Tri-Area, Quilcene and Brinnon.
REVIEWED BY:
AX C%
l '
Mark M uley, County Adrn n trator
2- // Z,7-
D to
CONTRACT REVIEW FORM Clear Forn,
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Gardiner Community Center Board Contract No: GCommCtr -23-25
Contract For: Community Center Management Services Term: Through 2025
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360385-9130
Contact email: mmccauley@co.jefferson.wa.us
AMOUNT: $3,958 in 2023 w/3% escalator PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: 3,958 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund # ool RFP or RFQ
Munis Org/Obj 001-068 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C LI NCE(rICRC 3.55.08AND CHAPTER 42.23 RCW. CERTIFIED:
n N/A: Z Signature-
ate STEP
2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (
CONTRACTOR) HAS NOT EEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY.
9 CERTIFIED:
F N/A: 1.2 gnature
I D to STEP
3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically
approved by Risk Management on 12/8/2022. STEP
4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically
approved as to form by PAO on 12/13/2022. Not
current indemnity standard langauage -- Risk Manager decision to approve
risk. 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