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HomeMy WebLinkAboutThriving Communities Grant Awardees Swan School - 042726AGREEMENT FOR 2026 THRIVING COMMUNITIES SMALL GRANT FUNDING FOR THE SWAN SCHOOL This Agreement is by and between Jefferson County, Washington (the COUNTY) and THE SWAN SCHOOL ("THE SWAN SCHOOL"). WHEREAS, THE SWAN SCHOOL is a non-profit corporation registered with the Secretary of State of the State of Washington under UBI number 91-1247629; WHEREAS, the COUNTY desires to support projects that promote a safe, secure, and satisfying way of life for Jefferson County residents and visitors. Sought projects that promote a sense of belonging, so that residents and visitors feel welcomed to share in the many activities, opportunities, and experiences available across Jefferson County; WHEREAS, the COUNTY allocated $ 10,000.00 to a fund a Thriving Communities (TC) small grant program; WHEREAS, the COUNTY published a request for proposals on September 4, 2025 that required each proposal to contain an evaluation plan; WHEREAS, THE SWAN SCHOOL submitted a qualified TC proposal to the Jefferson County Board of Commissioners (BoCC); WHEREAS, THE SWAN SCHOOL'S qualified proposal contains an evaluation plan with criteria; WHEREAS, the BoCC staff reviewed and reconunended funding all or part of THE SWAN SCHOOL's qualified proposal; WHEREAS, the BoCC reviewed the staff recommendation for funding all or part of THE SWAN SCHOOL's qualified proposal; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: 1. SERVICES TO BE PERFORMED USING THE THRIVING COMMUNITIES AWARD a. THE SWAN SCHOOL shall use its capabilities and utilize up to the total amount of Final,' TC Award for the approved scope of work for the Project described in THE SWAN SCHOOL's proposal for the 2026 fiscal year, a copy of which is attached as Exhibit A. b. The budget for the Project is described in Exhibit B, attached. 2. RESPONSIBILITIES OF THE SWAN SCHOOL a. No later than January 31, 2027, THE SWAN SCHOOL shall submit a report to the BoCC Staff describing the final results as compared to the requirements in the evaluation plan during the teen of this Agreement due. Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 1 b. THE SWAN SCHOOL shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by it to perform this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of agreement. The Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly authorized by the parties shall have full access and the right to examine these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any. medium, furnished by THE SWAN SCHOOL to the COUNTY, shall remain the property of the THE SWAN SCHOOL, unless otherwise agreed. 3. RESPONSIBILITY OF JEFFERSON COUNTY a. The COUNTY shall provide THE SWAN SCHOOL $500.00 in funding from the Thriving Communities small grant to be used in support THE SWAN SCHOOL'S qualified program. b. Said funding is in the amount of the Final TC Award for the 2026 fiscal year. 4. TERM This Agreement shall be for a term of one year, commencing on January 1, 2026 and ending on December 31, 2026, except for the reports required in Section 2, which are due January 31, 2027. 5. 'NO ASSIGNMENT A party's interest in this in this Agreement shall not be assigned to any other person. 6. TERMINATION a. This Agreement may be terminated, in whole or in part, by the COUNTY upon thirty (30) days written notice if expected or actual revenue from the grant is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. b. THE SWAN SCHOOL may terminate this Agreement upon thirty (30) days written, notice to the COUNTY. If there is termination under this clause, the COUNTY shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, THE SWAN SCHOOL shall refund to the COUNTY a pro -rated share of the payment based upon the balance of time remaining in the paid period, unless otherwise negotiated. 7. HOLD HARMLESS a. THE SWAN SCHOOL shall indemnify i 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 THE SWAN SCHOOL's negligence or breach of Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 2 an of its obligations under this Agreement; provided that nothing herein shall require THE SWAN SCHOOL 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) THE SWAN SCHOOL's 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 THE SWAN SCHOOL's negligence, or the negligence of THE SWAN SCHOOL's agents or employees. b. THE SWAN SCHOOL specifically assumes potential liability for actions brought against the COUNTY by THE SWAN SCHOOL's employees, including all other persons engaged in the performance of any work or service required of THE SWAN SCHOOL under this Agreement and, solely for the purpose of this indemnification and defense, THE SWAN SCHOOL. specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE SWAN SCHOOL recognize that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. 8. INSURANCE THE SWAN SCHOOL shall obtain and keep in force during the term of this Agreement the following insurance: a. Commercial General Liability Insurance. THE SWAN SCHOOL shall maintain commercial general liability coverage on a form acceptable to COUNTY Risk Management for bodily injury, personal injury, and property damage, with a limits of not less than in the amount of at least $1 million per occurrence, for bodily injury, including death, and property damage; and b. Worker's Compensation (Industrial Insurance). THE SWAN SCHOOL 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 COUNTY Risk Management, upon request. 9. INDEPENDENT CONTRACTOR a. THE SWAN SCHOOL and the COUNTY agree that THE SWAN SCHOOL is an independent contractor with respect to the services provided pursuant to this Agreement. b. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. c. Neither THE SWAN SCHOOL nor any employee of THE SWAN SCHOOL shall be entitled to any benefits accorded COUNTY employees by virtue of the services provided under this Agreement. d. 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, Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 3 otherwise assuming the duties of an employer with respect to THE SWAN SCHOOL, or any employee, representative, agent or subcontractor of THE SWAN SCHOOL. e. THE SWAN SCHOOL shall be responsible for all applicable withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations, and all other obligations of an independent organization. 10. SUBCONTRACTING REQUIREMENTS a. THE SWAN SCHOOL Owns Contract Performance. THE SWAN SCHOOL 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. THE SWAN SCHOOL assumes responsibility for all liability for the actions and quality of services performed by any subcontractor. b. Subcontractor Disputes. Any dispute arising between THE SWAN SCHOOL 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, THE SWAN SCHOOL, 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. COMPLIANCE WITH LAWS THE SWAN SCHOOL shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. 13. CHOICE OF LAW The parties agree that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under the laws of the United States, 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. 14. DISPUTES a. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved under this Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 4 Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. b. If either party_ deemit necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. c. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County, subject to the venue provisions for actions against counties in RCW 36.01.050. The parties agree that the parties have the right of appeal from such decisions of the Superior Court under the laws of the State of Washington. d. THE SWAN SCHOOL consents to the personal jurisdiction of the courts of the State of Washington. 15. DISCRIMINATION PROHIBITED THE SWAN SCHOOL shall not discriminate on the grounds -of age, sex, marital status, sexual orientation, race, 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 dog guide or service animal by a person with a disability, unless based upon a bona fide occupational. qualification in the selection and retention of employees, materials, supplies, or subcontractors. 16. INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the COUNTY and THE SWAN SCHOOL and supersedes all prior negotiations, representations, or agreements written` or oral. 17. -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, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may be amended, THE SWAN SCHOOL 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 set forth in state law. THE SWAN SCHOOL further agrees that upon receipt of any written public record request, THE SWAN SCHOOL shall, within two business days, notify the COUNTY by providing a copy of the request per the notice provisions of this Agreement. This Agreement and any reports submitted by THE SWAN SCHOOL are subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. 18. RECORDS RETENTION AND AUDIT AUTHORIZATION a. A minimum of six years, THE SWAN SCHOOL shall maintain documented proof of payments made, contracts executed and other expenditures authorized under your Agreement with COUNTY. Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 5 b. Upon reasonable notice, THE SWAN SCHOOL shall provide access to the COUNTY or State representatives to audit records related to the funds provided to THE SWAN SCHOOL under this Agreement. 19. NO SEVERABILITY The terms of this Agreement are not severable. 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 this Agreement shall not be enforceable. 20. SURVIVAL Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall survive the term of this Agreement for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters or actions begun within that period. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c) indemnification. 21. AMENDMENT, MODIFICATION AND WAIVER a. This Agreement may be not be amended or modified to change the approved scope of services in the Final TC Award. b. Only the BoCC or their delegee by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to sign, alter, amend, modify, or waive any clause or condition of this Agreement. c. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the BoCC or their delegee. SIGNATURES ARE ON THE FOLLOWING PAGE Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 6 JEFFERSON COUNTY WASHINGTON THE SWAN SCHOOL Board of COUNTY Commissioners Jeffers COUNTY, Washington By: 5/ .A1W— DAL By: Signa re [ [Ou)i /1� �� V Heidi Isenhour, Chair Date B: Vo e rotherton, Member ate 41, By. 'l Hea D dley-Nollette, Member D to SEAL: ..� seFFERS�'% GO.N�M/S; �= 1� 0'� ATTEST: ,'%,��qS • •...... "••off r C� �) 2 �72 Carolyn Oallaway, CMC Date Clerk of the Board Approved as to form only: ..�! - Date .'i�� Jeremiah B. Luther, DPA Name: Title: Date: Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 7 JEFFERSON COUNTY WASHINGTON THE SWAN SCHOOL Board of COUNTY Commissioners ' Jeffers COUNTY, Washington i By: — ��^ Signature By: � 1-4- Heidi Isenhour, Chair Date i n a LC Name. B �'TMovement Teacher 6e rotherton, Member ate Date: By. Hea D dley-Notlette, Member D to SEAL: REF F ERSo •,,,�� ����•�° -� 6, m'.Z: ra � --IATTEST: C)'�` Y ` �Ar/vn- Carolyn allaway, CMC Date Clerk of the Board Approved as to form only: Jeremiah B. Luther, DPA Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 7 EXHIBIT A - SCOPE OF WORK THE SWAN SCHOOL has been awarded $500.00 (the "Final TC Award"), after recommendation by the TC staff. THE .SWAN SCHOOL shall use the Final TC Award consistently with its response to the request for proposal submitted. A true and correct copy of the THE SWAN SCHOOL's response to the request for proposal is attached as Exhibit C. Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 8 EXHIBIT B — BUDGET THE SWAN SCHOOL has been awarded $500.00 (the "Final TC Award"), after recommendation by the TC staff. THE SWAN SCHOOL shall use the Final TC Award consistently with its response to the request for proposal submitted to the BOCC. A true and correct copy of the THE SWAN SCHOOL's response to the request for proposal is attached as Exhibit C. Applicant: THE SWAN SCHOOL Contact: Aliina Lahti Address: 2345 Kuhn St., Port Townsend, WA 98368 Phone: Email: artbyaliina@gmail.com Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page 9 Exhibit C THE SWAN SCHOOL'S PROPOSAL Request for Proposal (RFP) starts after this page Thriving Communities Grant Award Agreement for THE SWAN SCHOOL'S Page OCT 2A 2025 JEFEERSGA',� COUNTY COMMISSIONERS Swan School Thriving Communities Grant Proposal Swan School is. an independent elementary school nestled in the quiet Port Townsend neighborhood called "Bohemian heights" sandwiched between San Juan and Discovery Roads. It is the only non-public school alternative for elementary education in Port Townsend. Swan School employs 16 people, 15 of which are women, who are humbly led by Chimacum native, Emily Gohn. The board consists of six women, which include community members, retired teachers, alumni, and parents. The School's mission is to build strong learners in an environment of academic excellence aligned with creativity and personal expression. We weave social -emotional and social justice themes throughout project based lessons and all -school curriculum. For 42 years, Swan School has worked to be an inclusive and welcoming community: one that teaches children to value themselves and to empathize with others. In order to make school (and the rest of the world) more just and equitable for all people, today's students (and tomorrow's leaders) deserve a firm foundation in anti -bias education. The school serves families with a wide variety of ethnic backgrounds and income. Over 35% of its students are considered low income. Swan School operates under the non-profit 501-c3 status. After payroll our total budget for the year is $40,000. Swan School does not just serve as a community hub for its students and their families. During the summer months, its spaces are rented out on a 'by donation' basis to other community organizations for camps, like the tuition free "YAY Music Camp" and many others. Its playground is also open to the community during all non -school hours year round. Families and community members create a unique relationship by volunteering over 1450 hours each year to help keep tuition costs at a minimum, create memorable community gatherings, and to keep the school running smoothly. For many Swan School students, recess is the highlight of their school day. The Swan playground is not like others in the area. Its focus is on interactive and creative play. If you were to visit, you would find the expected swing set and play structures with monkey bars and slides, but you would. also see stations that help students practice critical thinking, building, problem solving, experimentation, and fun. If you were to visit during recess, you would witness teachers and staff encouraging students to take risks physically and emotionally - from braving the climbing wall to working out a fairy dispute. Adults are there to support the kids in solving their own problems and exploring and experimenting with their world. The playground is in constant motion and evolution. It requires a considerable amount of care and upkeep from everyone involved. Parent volunteers fix wobbly boards, kids participate in "recess clean up", teachers rake gravel, administrators maintain tools in the makerspace, etc. Most recently, the much beloved big twisty slide broke. As you know, a slide is a staple for most playgrounds and this one is sorely missed. Swan School is requesting funds to replace the slide and purchase two loads of playground gravel to fill in the fall zone underneath. We believe this slide is quintessential to children's happiness for all kids who use the playground. Sarah Grossman of JUMP! Has advised Swan School on the best slide options and ways to find community funding matches. The team has reviewed Jefferson County's "Handbook for Public Playground Safety". We have been working with GameTime, Rainbow Swing Set Co, and Outdoor Play northwest for slide estimates that come out to nearly $5000. We have scheduled consultations with them for exact estimates later this month. We recognize this grant program is able to give -a maximum of $2,000. This will not be enough to cover the whole project. Swan School will pay the remaining balance through community donations. Once grant funding and matches are received, bids will be evaluated, the slide will be purchased, delivered, and installed. It is estimated that the slide will take 3 - 6 weeks to arrive. Playground gravel will be ordered and delivered by Shold's Excavating (about one week) staff and volunteers will spread it around the new slide. School will be out of session from mid December until mid January. The slide might be delivered within the break. If that's the case, we plan to install and fill in the new year. Once school has started again we will host a slide celebration with a ribbon -cutting, thanks to Jefferson County Board of Commissioners, acknowledgment of volunteers and number of work hours gifted, lots of laughter, and play! References Laurel Zeeman Swan School board Chair laurel a�swanschool.org Eron Berg- Port of Port Townsend eron Woortofot.com Nick Schlesinger - The ReCyclery Programs Mngr hickO yclerv.ora Budget Open Spiral Slide with Installation: $5,000 Two Loads of Gravel and delivery: $950 Total: $5,950 5,vvav? ��vd JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Commissioner Heidi Eisenhour Amanda Christofferson, Grants Administrator DATE: SUBJECT: Thriving Communities Small Grants Program Contracts for Execution STATEMENT OF ISSUE: Jefferson County BOCC committed awards for the Thriving Communities Small Grants program in January. Attached are contracts for the fifteen community organizations that the County awarded funds to. ANALYSIS: The fifteen awardees have provided W9 documentation and the contracts with them will secure the County's interests. These various projects will bring benefit to many communities. FISCAL IMPACT: The County allocated $10,000 in the 2026 budget in order to fund the Thriving Communities Small Grant program. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a motion to approve of the awards. REVIEWED BY: Josh et rs, County Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) Clear Form CONTRACT WITH: Thriving Communities Grant Awardees Contract For: TC Grant Award COUNTY DEPARTMENT: Auditors Office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.jefferson.wa.us AMOUNT: $500.00 Revenue: $500.00 . Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # cs _ Munis Org/Obj CS57121-410571 Contract No: TC Award SwanSchool Term: Execution - December 31, 2026 PROCESS: Exempt from Bid Process _ Cooperative Purchase _ Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: .N� t�_i�i2Gdt8�lrrUt ddyL 4/8/2026 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: E] / C—��s�� _4/8/2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on, 4/17/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/16/2026. DPA JBL reviewed and approved on 4-16-2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR -APPROVAL RISK MANAGEMENT AND