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Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Admini~trator
FROM: Leslie Loeke, Deputy Clerk of the Board
DATE: February 27, 2012
SUBJECT: AGREEMENTS (3) re: 2012 Community Services Grant Funding; 1) In
the Amount of $4,500.00; Jefferson County Fair Association; 2) In the
Amount of $2,850.00; Gardiner Community Center; and 3) In the Amount
of$126,sOO.00; Olympic Community Action Program (OlyCAP)
STATEMENT OF ISSUE:
This agreement provides grant nlnding for 2012 to certain non-profit agencies for the provision of various
community services to the citizens of Jefferson County. This funding has been budgeted from the general
fund.
FISCAL IMPACT:
Jefferson County Fair Association:
Gardiner Community Center:
Olympic Community Action Program:
$4,500
$2,850
$126,500
RECOMMENDATION:
Approve and sign the agreements.
db4L.-
Date
AGREEMENT
By and Between
TIm JEFFERSON COUNTY FAIR ASSOCIATION
And
JEFFERSON COUNTY
For Community Services Grant Funding 2012
Purpose: The purpose of this Community Services Grant is to ensure the continued availability,
use and maintenance of the Jefferson County Fair Grounds and to ensure said facility is available to
the general public and for the event informally known as the "County Fair".
Parties: The JEFFERSON COUNTY FAIR ASSOCIATION, hereinafter known as
"ASSOCIATION", a private non~profit corporation, and is provided by fimds allocated by
JEFFERSON COUNTY, hereinafter known as "COUNTY", a Washington muniCipal corporation.
Whereas, on June 12, 2000 the ASSOCIATION and the COUNTY executed a memorandum of
understanding outlining mutual obligations whereby the ASSOCIATION agreed to operate and
maintain the Jefferson County Fair Grounds, and organize and operate the Jefferson County Fair;
and
Whereas, the COUNTY wishes to support the ASSOCIATION'S responsibilities for the Fair
Grounds and the County Fair;
Now, Therefore, the ASSOCIATION and COUNTY agree as follows:
SECTION 1. - RESPONSffiILITIES OF THE ASSOCIATION
A. Operate the Jefferson County Fair Grounds and all the buildings and facilities
located there. Operate, as used in this MOD, shall be defined to include, but not
be limited to, the scheduling and renting of all buildings and facilities, contracting
with vendors, booth operators, security forces, local law enforcement agencies,
ticket takers, ride operators and the like.
B. Organize, operate and supervise a recurring event to be commonly known as the
"County Fair", including, but not limited to, contracting with vendors, booth
operators, security forces, local law enforcement agencies, ticket takers, ride
operators and the like.
C. Maintain the real property known co=only as the Jefferson County Fair
Grounds and all the buildings and facilities located there. Maintenance shall
include, but not be limited to, routine maintenance activities that are intended to
keep the facilities and buildings in good repair, appearance, and working order.
The ASSOCIATION shall provide materials and labor for these routine
maintenance activities.
Page 1 of4
D. Employ such persons as may be necessary. In doing so, the ASSOCIATION shall
comply with all State and Federal Laws and regulations dealing with employee
and contracted service. The ASSOCIATION shall be responsible for its internal
payroll accounting, including, but not limited to, withholding, where applicable,
of federal, state and local taxes.
E. Manage the risks and hazards associated with events and activities at the Fair
Grounds in a manner satisfactory to the COUNTY and the Washington Counties
Risk Pool. The ASSOCIATION shall specifically manage for risks associated
with the nse and maintenance of the facilities, including but not limited to
participation agreements for all events utilizing fair ground facilities for which a
fee is charged, and the identification and mitigation of building and facility
hazards.
SECTION 2 - RESPONSIBILITIES OF THE COUNTY
A. Risk Management services including walk-through of facilities, and assistance in
the review of contracts, operating procedures, cash handling procedures and the
like.
B. Assist the ASSOCIATION in attaining appropriate liability and other insurance
coverage.
C. Provide the services of the offices of the Jefferson County Treasurer and Auditor,
but only to the extent said offices provide services to junior taxing districts within
Jefferson County.
SECTION 3 - COMMUNITY SERVICES GRANT
A. The COUNTY will provide the ASSOCIATION grant funds to be used in support of
their responsibilities as defined under this agreement.
B. Said grant is in the sum of$4,500 for 2012. The ASSOCIATION will receive a
. lump sum payment, payable.uponexecutiQn of this agreement.
SECTION 4: GRANT FUNDS:
A. Said grant funds may not be utilized for any other expenses other than those related
to carrying out the responsibilities outlined in Section 1.
SECTION 5: TERM
This Agreement shall be fur a term of one year, commencing on Januarv 1. 2012 and ending
December 31. 2012.
Page 2 of4
SECTION 6: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
SECTION 7: 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 8: HOLD HARMLESS
All services to be rendered or performed under this Agreement will be performed or
rendered entirely at the ASSOCIATION's own risk and ASSOCIATION expressly
agrees to hold harmless the COUNTY and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage, including reasonable costs of
defense that they may suffer as a result of claims, demands, actions or damages to any
and all persons or property, costs or judgments against the COUNTY which result from,
arise out ot: or are in any way connected with the services to be performed by the
ASSOCIATION under this Agreement.
SECTION 9: INSURANCE
The ASSOCIATION shall obtain and keep in force during the term of the contract, or as
otherwise required, the following insurance with companies or through sources approved by
the State Insurance Connnissioner pursuant to RCW 48.
1. Worker's Compensation and Emplover's Liabilitv insurance as required by the State of
Washington.
2. Commercial Automobile Liabilitv Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $1,000,000 per
occurrence in connection with the ASSOCIATION's performance of the contract.
1-
a
b.
c.
Owned AUtOmobiles;
Hired Automobiles, and;
Non-owned Automobiles
3. General Commercial Liabilitv Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and a aggregate of not less than two (2)
times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum covemges:
a Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
Page 3 of4
c. Broad Form ContractuallCo=ercial Liability - including: completed operations;
d. Premises - Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
All insurance policies and Certificates of Insurance shall include a requirement providing
for a minimum of 30 days prior written notice to the COUNTY of any cancellation or
reduction of coverage
SECTION 10: INDEPENDENT CONlRACTOR
The ASSOCIATION and the COUNTY agree that the ASSOCIATION 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 the ASSOCIATION nor any employee of the.
ASSOCIATION 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 the ASSOCIATION, or any employee of the
ASSOCIATION.
APPROVED and signed this _ day of
,
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Clerk of the Board
Chaimum
ApPI'9Y&ld lIS to FQnn:. . ~...
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David Alvarez, Dep
Prosecuting Attorney
J~'l<l!RSON COUN'fYFAIR ASSOCIAUON
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Authorized Official
Page 4 of4
AGREEMENT
By and Between
GARDINER COMMUNITY CENTER BOARD
And
JEFFERSON COUNTY
For Community Services Grant Fnnding 2012
PurDose: The purpose of this Community Services Grant is to ensure the continued
availability and use of the Gardiner Community Center and to ensure that said facility continues
to provide a focal point to address the needs of the population in the Gardiner and surrounding
community.
Parties: This grant is to assist the Gardiner Community Center Board, hereinafter known
as "BOARD," 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 THE BOARD
A. The BOARD agrees to perform or oversee the following services to benefit the population in
the Gardiner and surrounding community:
I. Oversee the routine operation of the Community Center, including scheduling of events,
program planning, activities, and building security.
2. Oversee programs and activities to benefit the general population.
3. Schedule use of the Community Center 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 aJ).(,tagre.edupgn 110ursanA d@.ys .
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 toigovern the terms and obligations of said exclusive use, naming BOARD as a third
party beneficiary for an appropriate portion of the lease payment Jefferson County
will comply with all laws regulating the lease of public property.
4. Purchase of necessary operating supplies including but not limited to desks, tables,
chairs, and office supplies. Cleaning and operating supplies shall be approved by
Jefferson County Facilities Division.
Page 1 of5
5. 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, the Board shall receive guidance from the Jefferson County Facilities Division as
outlined in Attachment A.
6. Purchase and replace interior light bulbs and fluorescent lamps as part of the operating
supplies referred to in paragraph 4, above. Brand and style oflamps 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. Routine grounds maintenance, limited to mowing, watering and weeding.
8. Water and telephoneservice-cl1axges.- -
9. 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 facility as a mass care shelter.
B. ReportingINotification Responsibilities of the Board:
1. Provide to the COUNTY at least quarterly a statistical report of Center use, services,
programs and activities, and a report of the costs (including operating and cleaning
supplies) and all revenues from rentals or lease agreements of the Community Center
2. Notify the COUNTY of changes in the use that may significantly impact water
consumption, sewage disposal, electrical consumption and/or normal wear and tear of the
Community Center.
3. All BOARD 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: RESPONSmlLITIES OF JEFFERSON COUNTY
A. The COUNTY agrees to assure the Gardiner Community Center is available for use by the
community, including financial responsibility for the following:
1. Maintenance and repair of real property (building, parking lot, water and septic systems)
including, but not limited, to plumbing, kitchen equipment, floor repair and exterior
lighting.
2. Electrical power.
Page 2 of5
3. Garbage pick-up and disposal.
4. Audit financial records of the BOARD.
5. Maintenance of appropriate property insurance including scope and level of coverage and
liability insurance for the COlmty-approved Board members while acting within the scope
of their responsibilities.
B. The COUNTY will provide the BOARD a Co=unity Services Grant to be used in support
of their responsibilities as defined under this Agreement.
Said grant is in the sum of two thousand eight hundred and fifty dollars ($2,850). Annual
payment will be made the first quarter.of20l2, based on the County's quarterly billing cycle.
Payment is predicated on quarterly reports defined in Section 2.
SECTION 3: RENTAL AND LEASE INCOME
The Board will retain all income derived from the rental or lease of the Co=unity Center in
order to support the costs of its responsibilities as described in this Agreement, except as
provided in Subsection 1.A.3.
SECTION 4: TERM
This Agreement shall be for a tenn of one year, co=encing on January 1,2012 and end
December 31,2012 unless renewed by mutual agreement of the parties.
SECTION 5: ASSIGNMENT
- -- -
Either party to the Agreement shall not assign the Agreement without the written consent of the
other party.
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.
Page 3 of5
SECTION 7: TERMINATION
The Agreement may be tennimrtP.d, upon thirty (30) days written notice for any material breach
of any of the terms of the Agreement by eitlier 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 thebatance of time remaining in the term unless otherwise
negotiated.
SECTION 8: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
The BOARD shallcomplywith all Federal, State, andloca1 laws and ordinances applicable to
the work to be done under this Agreement: l'hi:S Agreement sIla1l be interpreted and eonstfuoo in .
accord with the laws of the State of Washington and venue shall be in Jefferson County, W A.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of. ' 2012. '
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Raina Randall
Deputy Clerk of the Board
John Austin, Chair
Date
APProv. ed. as t~. FW: : '2.. Jill}
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David Alvarez
Deputy~utingAttorney. ..
INER COMMUNITY CENTER BOARD
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Page 4 ofS
ATTACHMENT A
Custodial Duties
Daily:
Clean and sanitize restrooms
Empty trash cans
Hi-Weekly: Vacuum all carpets
Tri-Weekly: Sweep and mop all hard floors
Quarterly: Assist county staff with heavy maintenance of all floors.
Annually: Wash windows
Wipe down all doors and woodwork
Other: Set-up rooms as directed by building manager
Page 5 of5
AGREEMENT
By and Between
OLYMPIC COMMUNITY ACTION PROGRAMS, OlyCAP
And
JEFFERSON COUNTY
For Community Services Grant Fnnding, 2012
Purpose: The purpose of this Community Services Gnmt 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
"OL YCAP," 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
A. OL YCAP shall use its capacities to continue to operate the TRI-AREA, QUlLCENE and
BRlNNON COMMUNITY CENTERS which includes:
1. Provide daily operation of the Centers including scheduling of events, program planning
and activities.
2. Purchase of necessary operating supplies and payments of telephone service charges.
3. Provide assistance to the senior population in meeting basic life-sustaining and social
needs.
4. Be a conduit and referral center for senior citizens to gain access to local, state and
federal programs.
5. 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 comply with all laws regulating the lease of public property.
6. General landscaping and grounds maintenance.
7. Electrical power.
8. Garbage pick-up and disposal.
Page 1 of6
9. Janitorial service and 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, the Board shall receive guidance from the Jefferson
County Facilities Division as outlined in Attachment A.
10. Purchase and replace interior light bulbs and fluorescent lamps as part of the operating
supplies referred to in paragraph B above. Brand and style oflamps are to be approved
by Jefferson County Facilities Division. All used fluorescent tubes sha11 be boxed and
returned to Jefferson County Facilities Division for disposal.
II. Appointment oflocal advisory boards.
12. 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. ReportingfNotification 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 the costs (including operating
and cleaning supplies) and revenues from rentals or lease agreements of the Centers, and
a billing for quarterly 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: RESPONSmn..ITIES OF JEFFERSON COUNTY
A. The COllNTY Wil1 provide OlyCAP with -Ii giimt to meet tlie purpose and for services
performed under this Agreement.
B. The grant shall be in the total sum of $126,500 for calendar year 2012. Grant payments shall
be made quarterly on a pro-rated basis. Payments are predicated on quarterly reports defined
in Subsection 1.B.
SECTION 3: TERM
This Agreement shall be for a term of one year, commencing on January 1. 2012 and ending
December 31. 2012.
Page 2 of6
SECTION 4. RENTAL AND LEASE INCOME
OlyCAP will retain all income derived from the rental or lease of the Co=unity Centers in
order to support the costs of its responsibilities as described in this Agreement, except as
provided in Subsection l.A.S.
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
OL YCAP 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
OL YCAP shall indemnify and hold the COUNTY, and it ofiicers, 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 OL YCAP's negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require OL YCAP 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) OL YCAP's agents
or employees; and (b) the COUNTY, its officers, employees and agents, this indenmity 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
OL YCAP's negligence, or the negligence ofOL YCAP's agents or employees.
OL YCAP specifically assumes potential liability for actions brought against the COUNTY by
OL YCAP's employees, including all other persons engaged in the performance of any work or
Page 3 of6
service required of the OL YCAP 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. OL YCAP recognizes that this waiver was specifically
entered into pursuant to provisions ofRCW 4.24.115 and was subject of mutual negotiation.
SECTION 10: INDEPENDENT CONTRACTOR
OL YCAP and the COUNTY agree that OL YCAP 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
OL YCAP nor any employee of OL YCAP 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, or otherwise assuming the duties of an
employer with respect to OL YCAP, or any employee ofOL YCAP.
SECTION 11: INSURANCE
OL YCAP shall obtain and keep in force during the term of the contract, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to RCW 48.
1. Worker's Compensation and Emn10ver's Liabilitv Insurance as required by the State of
Washington.
2. Commercial Automobile Liabilitv Insurance providing bodily injury and property
rlllm"Be liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $1,000,000 per
occurrence in connection with OL YCAP's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
3. General Commercial Liabilitv Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including
death and property damage, unless a greater amount is specified in the contract
specifications. The insurance coverage shall contain no limitations on the scope of the
protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability - including: completed operations;
d. Premises - Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Page 4 of6
Said general liability policy shall name the County as an additional insured and shall
include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to the County. Certificates of coverage as required by this Section
shall be delivered to the County within thirty (30) days of execution of this Agreement.
All insurance policies obtained by OlyCAP in order to comply with this Section shall
be primary as against any policy of insurance or joint self-insurance obtained and
retained by the County.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of ,2012.
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Raina Randal,
Deputy Clerk of the Board
John Austin, Chair
Date
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Deputy Prosecuting Attorney
Olympic Community Action Programs,
ayCAP rM:I~ "4l~l"t
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Date
Janet Ander80n
Interim executive Dindol'
Page 5 of6
ATTACHMENT A
Custodial Duties
Daily: Clean and sanitize restrooms
Empty trash cans
Hi-Weekly: Vacuum all carpets
Tri- Weekly: Sweep and mop all hard floors
Quarterly: Assist county staff with heavy maintenance of all floors.
Annually: Wash windows
Wipe down all doors and woodwork
Other: Set-up rooms as directed by building manager
Page 6 of 6