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HomeMy WebLinkAboutCONSENT Olycap Community Center amend 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Josh D. Peters, County Administrator Shawn Frederick, Central Services Director DATE: December 15,2025 RE: POTENTIAL ACTION re: Contract extension between Olympic Community Action Programs STATEMENT OF ISSUE: On December 19, 2022, the Board of County Commissioners (BoCC) approved an agreement with Olympic Community Action Programs (OlyCAP)to provide community services at Tri-Area, Quilcene, and Brinnon community centers. The current grant agreement expires on December 31, 2025. At the September 2, 2025 BoCC meeting, the Board approved a motion to advertise a Request for Proposals (RFP) for the new agreement. The RFP was withdrawn on October 29, 2025, creating a need to extend the existing contract while a new RFP is being developed and advertised. ANALYSIS: The current agreement provided grant funding for 2023-2025. The amount for 2023 was $1 73,500, for 2024 $178,705, and for 2025 $184,067, all to be paid out of the Community Services Department—068 of the General Fund. The County did initially advertise an RFP but withdrew on October 29, 2025. It is highly unlikely that a new RFP process could be completed prior to the expiration of the existing agreement, making the contract extension necessary. The goal is to have the new contract in place by March 31, 2026. FISCAL IMPACT: $47,398.00 to Fund 001-068. This is consistent with the terms of the existing contract to include the 3% increase. RECOMMENDATION: Staff recommend approval of contract extension. REVIEWED BY: Jo�D. Peters, County Administrator Date Amendment No. 1 to the Agreement By and Between Olympic Community Action Programs, OlyCAP and Jefferson County—2023-2025 Community Services Funding This Amendment No. 1 to the Agreement is made and entered into by and between the Olympic Community Action Programs and Jefferson County, herein after known as the "Parties." WHEREAS, the Parties want to amend the Agreement entered into between them; NOW, THEREFORE, the Parties agree as follows: 1. Purpose. The purpose of this Amendment is to extend the term of the agreement for a maximum of three months ending Mar 31, 2026. 2. Amendment. That portion of Section 3. that reads "This Agreement shall be for a term of three years, commencing on January 1, 2023 and ending December 31, 2025." is amended to read: This Agreement shall be for a term of three years, commencing on January 1, 2023 and ending March 31, 2026". 3. No Other Change. All other terms of the Agreement between the Parties remain unchanged, except as modified in this Amendment. (SIGNATURES FOLLOW ON NEXT PAGE) 1 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed on this 15th day of December, 2025. Jefferson County Olympic Community Action Program Board of Commissioners Heidi Eisenhour, Chair Date Authorized Signature Date Print Name/Title ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board APPROVED AS TO FORM: Philip C. Hunsucker Date Chief Deputy Prosecuting Attorney 2 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed on this 15th day of December, 2025. Jefferson County Olympic Community Action Program Board of Commissioners Heidi Eisenhour, Chair Date Authorized Signature Date Print Name/Title ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board APPROV TO FORM: for 12/12/2025 hilip C. unsucker Date Chief Deputy Prosecuting Attorney 2 �15 � � C t P19. ?e Ba- (Cr 6A4 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: `Phis 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 .S 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. LT;z 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. 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: L Mark M uley, County Adm. ' trator D to CONTRACT REVIEW FORM Clear Form (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 # ooi RFP or RFQ Munis Org/Obj 001-068 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C LI NCE RC 3.�S.I►%tl AND CHAPT R 2.2 3 RCW. CERTIFIED: n N/A:� / ` �Z z Z gnature J 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. > ' CERTIFIED: ❑ N/A: EI /„z 1 2 2 gnature ` to STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Lasertiche): Electronically approved by Risk Management on 12/8/2022. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserliche): 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 2023-2025 Community Services Grant Agreement with Olympic Community Action Program (OlyCAP) 6. Purchase and replace interior light bulbs and fluorescent lamps as part of the 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. Page 2 of 7 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.B. 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, hut 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 of the 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 (OlyCAP) 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 OIyCAP 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 /c/ day of.x cis„ 2022. SIGNATURES APPEAR ON THE NEXT PAGE Page 5 of 7 2023-2025 Community Services Grant Agreement with Olympic Community Action Program (OIyCAP) JEF .RSON COUNTY Attest: BO I)OF COMMISSIONERS (taxe CarolynLOal Jlaway, cidi Eisen our,Chair Clerk of the Board Approv,d as tq Form: Olympic Community Action Programs, OlyCAP /. C 20/.7 7�rs Philip I lunsuc er, 13'2022 Cherish Cronmiller Date Chief Civil Deputy Prosecutor Executive Director 0 • Page 6 of 7 2023-2025 Community Services Grant Agreement with Olympic Community Action Program (OlyCAP) 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