HomeMy WebLinkAboutOlympic Community Action Program (OlyCAP) - 021218y
AGREEMENT
By and Between
OLYMPIC COMMUNITY ACTION PROGRAMS, OlyCAP
And
JEFFERSON COUNTY
For Community Services Grant Funding, 2018
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
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. Provide assistance to 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.
2018 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.
The grant shall be in the total sum of $141,270 for calendar year 2018. Grant payments shall be
made monthly. Payments are predicated on quarterly reports defined in Subsection 1.B.
Page 2 of 6
2018 Community Services Grant Agreement with Olympic Community Action Program (OlyCAP)
SECTION 3: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2018 and ending
December 31, 2018. 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 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 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.
Page 3 of 6
2018 Community Services Grant Agreement with Olympic Community Action Program (OlyCAP)
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: 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, or otherwise assuming the duties of an employer with respect to OLYCAP, or any
employee of OLYCAP.
SECTION 11: INSURANCE
OLYCAP 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 Employer's Liability Insurance as required by the State of
Washington.
2. Commercial Automobile Liability 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 OLYCAP's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non -owned Automobiles.
3. General Commercial Liability 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;
Page 4 of 6
2018 Community Services Grant Agreement with Olympic Community Action Program (OlyCAP)
f. Blanket Contractual Liability.
4. Said commercial automobile liability policy and general commercial liability policy shall
name the County as an additional insured and shall include a provision prohibiting
cancellation or reduction of coverage 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.
5. The County may, upon the Contractor's failure to comply with any or all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise be due
to the Contractor.
6. If the proof of insurance or certificate indicating the County is an "additional insured" to a
policy obtained by the Contractor refers to an endorsement (by number or name) but does not
provide the full text of that endorsement, then it shall be the obligation of the Contractor to
obtain the full text of that endorsement and forward that full text to the County.
7. All insurance policies obtained by OlyCAP in order to comply with this Section shall be
primary and non-contributory as against any coverage provided through any memorandum of
coverage for third party liability claims or actions obtained and retained by the County
through a Ch. 48.62 RCW "Risk Pool."
8. It is agreed by the parties that insurers shall have no right of recovery or subrogation against
the County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies so affected shall protect both parties and be primary
coverage for any and all losses covered by the above described insurance.
9. The insurance maintained by OLYCAP under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of OLYCAP under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 1-2'
day of r€ br-w� j , 2018.
Attest:
C� cit �-
Carolyn f5allaway,
Deputy Clerk of the Board
A
as to Form:
c. / U I � 1911d
Philip Hunsucker,
Chief Civil Deputy Prosecutor
JEFFER COUNTY
BOA OF COMMLSSIONERS
David Sullivan, Chair
Olympic Community Action Programs, OLYCAP
=Au t �z:edOf Date
Page 5 of 6
r 2018 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 6 of 6
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: February 12, 2018
SUBJECT: AGREEMENT re: 2018 Community Services Grant Funding; In the
Amount of $141,270; Olympic Community Action Program
STATEMENT OF ISSUE:
This agreement provides grant funding for 2018 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:
Olympic Community Action Program:
RECOMMENDATION:
Approve and sign the agreements.
'79� D��91 •
$141,270
Date
CONTRACT REVIEW FORM
CONTRACT WITH: OlyCAP ( L
(Contractor)
CONTRACT FOR: 2018 Community Services Grant Funding TERM: Ends 12/31/18
AMOUNT: .$141,270
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Step 1: REVIEW BY RISK
Review by:
Date Reviewed:
APPROVED FORM
Comments: ��
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
I Mi
Returned for revision (See comments)
Step 2: REVIEW BY PRO CUTIN T ORNEY
Review by: C-7.
Date Reviewed: 2
APPROVED AS TO FORM Returned for revision (See comments)
Comments:
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
1820 Jefferson Street
Port Townsend, WA 98368
Rate Dean, District 1 David W. Sullivan, District 2 Kathleen Kier, District 3
February 13, 2018
Olympic Community Action Programs
Dale Wilson
803 W. Park Avenue
Port Townsend, WA 98368
Re: Agreement for 2018 Community Services Funding — OlyCAP
Dear Mr. Wilson,
Enclosed for signature are two (2) original agreements for 2018 Community Services
Funding. Please sign both originals, keep one original for your records and return the
second original to the address listed above.
Thank you for your assistance.
Sin rel ,
Leslie Loc
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocce o.jefferson.wa.us
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
06/01/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH15
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificateholder in lieu of such endorsement(s).
PRODUCER CONTACT Christina Oakley
NAME:
The Partners Group Ltd tp,,�� HONNo Ext): (877)455-5640 No): (425)455-6727
11225 SE 6th St. y� ADDRE s: coakley@tpgrp.com
Suite 110 INSURER(S) AFFORDING COVERAGE NAIC #
Bellevue WA 98004 wsuRERA: Philadelphia Indemnity Ins Co 18058
INSURED
^"' INSURER B
Olympic Community Action Programs INSURER C:
823 Commerce Loop INSURER D;
INSURER E:
Port Townsend WA 98368 INSURER F
COVERAGES CERTIFICATE NUMBER: 18-19 GL AL XS PL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IPOLICY
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MMIDD=
EXP
MM/DD Y
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 5,000,000
CLAIMS-MADEOCCUR
PREMISES Ea occurrence $ 250,000
MED EXP (Any one person) $ 5,000
pERSONALBADV INJURY $ 5,000,000
A
PHPK1830062
06/01/2018
06/01/2019
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $ 10,000,000
X POLICY ❑ PECTRO F—]LOCPRODUCTS
J
- COMP/OP AGG $
$
OTHER:
AUTOMOBILE LIABILITY
CMBINED SINGLE LIMIT $ 5,000,000
(EO accident
BODILY INJURY (Per person) $
X ANY AUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
PHPK1830062
06/01/2018
06/01/2019
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Uninsured/Underinsured $ 1,000,000
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
A
EXCESS LIAB
HCLAIMS-MADE
PHPK1830062
06/01/2018
06/01/2019
DED I I RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYY / N
ANY PROPRIETOR/P/EXECUTIVE F --1N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
/ A
WA STOP GAP ONLY
06/01/2018
06/01/2019
PER OTH-
STATUTE I ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $ 1,000,000
A
Professional Liability
PHPK1830062
06/01/2018
06/01/2019
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Community Development Block Grant Program Funds
Evidence of Insurance
TE HOLDER
Jefferson County
PO Box 1220
Port Townsend WA 98368
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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