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HomeMy WebLinkAbout020226 LETTER RFP Community Centers ��bLi c 66114 KCAL ��2�2So Elected officials, including county commissioners, are generally prohibited from voting on or influencing public contracts with nonprofits where they serve on the board, as this poses a conflict of interest. While they may not vote, they may be allowed to serve if they officially recuse themselves from the action. Key details regarding this situation, particularly in the context of Washington state: • Conflict of Interest: A county commissioner serving on a board (e.g., OlyCAP) is considered to have a "beneficial interest" in contracts between the county and that organization, which is generally prohibited by state law. • Recusal Requirements: If a contract involving the nonprofit comes before the board,the commissioner must formally recuse themselves, meaning they cannot participate in discussions, voting, or influence the decision. • Required Board Seats: In some cases, a commissioner is specifically assigned to a nonprofit board to represent county interests, which, while creating a conflict, may not be illegal if proper voting recusal occurs. • Exceptions: If a commissioner is a board member, they may still be able to award the contract if they can prove the transaction was fair, reasonable, and fully disclosed, though this is a high bar and risky. In summary, a Jefferson County Commissioner is not allowed to vote on or influence a contract for a nonprofit they serve, but they may be permitted to hold the position if they recuse themselves from all related financial decisions. Jefferson Cot fdILik Association Brinnon Port Townsend QuiIrene TO-Area To: Shawn Frederick Re: Questions Related to Request for Proposals(RFP)Professional Services for the Operation One or More of Jefferson County's Community Centers in the Tri-Area,Quilcene,or Brinnon Community Centers 1/28/26 As you are aware, on October 27, 2025, the Jefferson County Food Bank Association (JCFBA) submitted two letters to Jefferson County concerning the initial issuance of this RFP to operate the three County Community Centers. These letters were sent to Josh D. Peters, Greg Brotherton, Heidi Eisenhower, Heather Dudley-Nollette, and the County Attorney. These letters contained question regarding the then issued RFP and presented issues regarding the requested disqualification of OlyCAP as a bidder. To date, JCFBA has not received any response or communication from any representative of the County. We are requesting that you review the attached letters and provide responses to each question raised in our original communications as they specifically relate to the current RFP. Additionally, JCFBA has the following new question. 1. It is our understanding that at the December 15, 2026, County Commissioner's meeting, Commissioner Greg Brotherton, who serves as the Treasurer on OlyCAP's Board of Directors, was asked to recuse himself from participating in this proposal process including evaluation of proposals submitted pursuant to this RFP. He refused to do so, on the record. It is our understanding Chapter 42.23 RCW indicates that Commissioner Brotherton's role as Treasurer of OlyCAP would disqualify him from participating in the development of the RFP, evaluation of proposals or serving as a reference for OlyCAP. Please confirm that you are complying with the Washington Code. Failure to comply could result in state action to cancel this procurement and impose penalties on the County. 2. Is it the County's intent that the successful bidder uses 100% of the Grant Funds provided under this RFP? Are successful bidders permitted to make profits from these grant funds? Jefferson Cf" idbank Association Brinnon Port Townsend Quilcene Tri-Area 3. Section 4 Evaluation and Selection states: "The applicant's ability and history of successfully completing contacts of this type,meeting project deadlines and experience in similar work. Information provided by references is a critical evaluation component(maximum of 20 points). " Based on the issues raised in our letter and the Federal District Court litigation involving OlyCAP and its role as Community Center Manager. will the County disregard references from Jefferson County that suggests OlyCAP has successfully completed its prior contract manage the three Community Centers? Please let us know if you would like to discuss these issues in greater details. We anxiously await your timely response to these concerns and questions. Sincerely, Roland Faragher-Horwell JCFBA President President( JCFBA.org John DiMaggio JCFBA Treasurer Treasurer@JCFBA.orq Jefferson County fdbank Association Brinnon Port Townsend Oulicene Tn-Area To: Josh D. Peters Re: Questions Related to Request for Proposals (RFP) Organizations to Operate the Tri-Area, Quilcene, and/or Brinnon Community Centers for Jefferson County, Washington 10/27/2025 The RFP, as written, does not provide historical information concerning the scope of services and costs of operations necessary to support a responsive bid. For example, bidders are required to submit a cost estimate, but the RFP fails to provide historical cost data, assure the continued availability of block grants to support operations, and other critical items. We, the board of directors at Jefferson County Food Bank Association (JCFBA), want to alert you that only the incumbent vendor has the necessary information to submit a responsive proposal which appears to violate the WA statutes governing RFPs for public entities. Further, JCFBA is submitting a separate communication to you describing why we believe that OlyCAP should not be permitted to bid on this project or be selected to manage the Community Centers. It is also our understanding that Commissioner Brotherton has indicated that a Commercial Kitchen installation project is beginning at the Quilcene Community Center. Please confirm the timing of this project and indicate if and for how long the Quilcene Community Center will be closed to accommodate the construction project. Additionally, a real estate appraiser visited the Quilcene Community Center which indicates that the County is exploring the idea of selling the facility. Please confirm if the County is planning to sell the Quilcene Community Center or any of Jefferson County's Community Centers and when that may occur. These issues could impair the operation of the food bank at the Quilcene Community Center. Jefferson Cfdbank� n Association Brinnon Port Townsend Quilcene Trl-Area Please let us know if you would like to discuss these issues in greater details. We anxiously await your timely response to these concerns and questions. Sincerely, Roland Faragher-Horwell Sonja Mathews JCFBA President JCFBA Vice-President PresidentAJCFBA.orq VP(a7JCFBAorq John DiMaggio Laurie Engelbeck JCFBA Treasurer JCFBA Secretary Treasurer( JCFBA.orq Secretary(iJCFBA.org Craig Uchida Linda Mollino JCFBA Board Member JCFBA Board Member craig boardrnember(ahjcfba.orq linda boardmember(ajcfba.org Jefferson County f&idbank Association Brinnon Port Townsend Qulicene Tri-Area To: Commissioner Heidi Eisenhour Commissioner Greg Brotherton Commissioner Heather Dudley-Nollette County Attorney Mike O'Connell County Administrator Josh D. Peters 10/27/2025 The Jefferson County Food Bank Association (JCFBA) has operated at the Quilcene Community Center (Center) for over 30 years. JCFBA represents the largest user of Community Center space and serves more members of the Quilcene community than any other non-profit. While approximately 10% of the residents of East Jefferson County use the Food Banks, the percentage of Quilcene residents using the Food Bank is much higher, over 30%. Three years ago, OlyCAP was granted a sole source contract extension to manage the Center. OlyCAP hired a new Manager, Richard Fitzgerald, effective with the contract renewal. The County has recently issued a Request for Proposals for Organizations to operate the Tri-Area, Quilcene and Brinnon Community Centers. It is our understanding that OlyCAP intends to submit a proposal in response to this request. During the past three years, OlyCAP as the Center manager, has breached its contract with the County, illegally trespassed JCFBA volunteers, participated in theft of JCFBA property, created a hostile work environment, and intentionally interfered with the operation of our foodbank. JCFBA is requesting that the County disgualify OlyCAP as a bidder for the reasons set forth below. Jefferson County f� `)dba,nk Association Brinnon Port Townsend Qullcene In Area 1. OlvCAP Manager interfered with operation of the food bank. The current Manager has only provided one key for access to the Center. JCFBA volunteers require access to the Center on multiple weekdays, nights and weekends. This lack of access to the Center prevents JCFBA from effectively managing the operation. Despite multiple requests, elevated to the Executive Director and Board President, OlyCAP still refuses to provide JCFBA with additional keys to the Center. The Center Manager changed the lock on the garbage bin, refused to unlock the bin which caused garbage to be strewn across the parking lot which interfered with JCFBA's policy of maintaining a clean and healthy worksite. Then he complained to his superiors about JCFBA. The Manager also confronted JCFBA volunteers when they were doing a routine delivery in the middle of the day. He requested quiet and questioned why we had to be there. His reason for quiet? We were interfering with his wife's business of giving massages. She operates out of room repurposed for her in the Community Center. Each of these statements can be substantiated by JCFBA Board member Craig Uchida. 2. 0lvCAP Manager participated in theft of supplies provided by the Gifts in Kind Program. The Manager, using keys he demanded from JCFBA for safety reasons, accessed our storage room, assisted a disgruntled former food bank Manager and allowed assets to be stolen. OlyCAP and Manager were aware that the former food bank manager, Leslie Tippens had been trespassed by the Sheriffs Office from the Community Center. The Manager did not even bcther to call JCFBA to investigate the matter before he took such drastic action. In the interest in supporting a positive work relationship, JCFBA has, to date, withheld filing charges against the Manager and OlyCAP. JCFBA is requesting that the County Attorney investigate this matter, and file criminal charges as deemed appropriate, as this theft occurred on County property and was caused by an employee of the vendor working for the County. Center Manager Richard Fitzgerald told interim food bank manager Kris Mokma that he had opened the storage unit to allow Leslie Tippens to take JCFBA property. We request that the County Attorney communicate their findings with JCFBA's counsel Todd M. Feinstein who can be reached at todd(cfeinsteinlawfirmcom. 3. OlvCAP Manager illegally trespassed two JCFBA volunteers. The OlyCAP Manager claimed that the filing of a Personal Protective Order was harassment. Filing for a protective order is not considered harassment, it is in fact an attempt to stop harassment. Filing for such an order is considered a right. When JCFBA's President reached out to OlyCAP leadership to resolve this order, OlyCAP offered to provide grant funds to JCFBA if JCFBA would drop the issue. (see attached communications). These Jefferson County fdbank Association Brinnon Port Townsend Qullcene Tri-Area statements can be substantiated by JCFBA Board member and Treasurer John DiMaggio. 4. OlyCAP is currently a defendant in a federal lawsuit which includes allegations of assault against community members by the OlyCAP Manager. This behavior creates a hostile work environment for JCFBA volunteers and clients. The case is before United States District Court-Western District of Washington; Case 3:24-cv-05610 Document 1 Filed 07/30/24 5. OlyCAP is a defendant in federal lawsuit with allegations of financial mismanagement of Federal Grant funds provided by the County. It is our understanding that this matter is under review by the United States District Court- Western District of Washington; Case 3:24-cv-05610 Document 1 Filed 07/30/24. A finding of financial mismanagement of Federal Grant funds can result in the complete loss of funding for the three Centers. Such a finding could result in closure of the three Centers unless the County could allocate funds for operations. 6. Additionally, the RFP requires the selected bidder to create the operating agreement between the Center and JCFBA. Given OlyCAP's aggressive negative behavior against JCFBA, we do not trust that a fair and appropriate lease agreement would be negotiated by OlyCAP. For the foregoing reasons, the JCFBA Board unanimously recommends that OlyCAP be prohibited from bidding on the management of the Quilcene Community Center. In addition to JCFBA's concerns with OlyCAP managing the Community Centers, there is a concern with the RFP itself: The RFP, as written, does not disclose the evaluation criteria which is required by RCW 39:26.160 and the RFP also favors only the incumbent vendor OlyCAP. RCW 39:26.160 requires that the organization soliciting bids must disclose the criteria used for evaluation bids. This RFP does not provide this information. Further, the RFP fails to provide potential bidders with any historical financial data that demonstrate the cost of operating each center. Despite the absence of this data, the RFP requires bidders to provide the cost of operating the centers in the future. The County understands what it has cost historically to operate the Centers. Why would that relevant information not be shared with potential bidders? If the County excludes OlyCAP and no other qualified party submits a proposal, JCFBA would be willing to negotiate interim management of the Center until such time as a qualified bidder is located or the Quilcene community can take on the responsibility of 3 Jefferson County fdbank Association Brinnon Port Townsend Quilcene Tri-Area self-management. JCFBA would expect that the County would honor its historical process of providing operating funds and provide ongoing maintenance services to support Center operations. Thank you for your attention to our concerns. If you would like to discuss these issues in greater detail or have any questions for us, feel free to respond to any or all of us. Sincerely; Roland Faragher-Horwell Sonja Mathews JCFBA President JCFBA Vice-President PresidentaJCFBA.orq VP(cJCFBA.orq John DiMaggio Laurie Engelbeck JCFBA Treasurer JCFBA Secretary Treasur. : ;[i :; 1 SecretaryAJCFBA.orq Craig Uchida Linda Mollino JCFBA Board M inF—,_ JCFBA Board Member craiq board { linda boardmemberAjcfba.orq 4