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Home My WebLink AboutKitsap Public Health District, Amendment No. 1 - 042120AMENDMENT#1 TO PROPERTY USE AGREEMENT Between Kitsap Public Health District And Jefferson County Public Health Dated: January 1, 2017 — December 31, 2019 The Purpose of this Amendment is to extend Property Use Agreement to December 31, 2024. The agreement is hereby amended as follows: Section 3. TERM The term of this agreement shall commence on January 1, 2017 and will end on December 31, 2024 unless extended in writing or terminated sooner. All others terms and conditions of the agreement remain in effect and the agreement and this Amendment represents the sum total of the mutual agreement by and between the Kitsap Public Health District and Jefferson County Public Health. Dated this _2t day of rr%/ 2020. Kitsap Public Health District Jefferson Co6hty Board of Commissioners Date Gr rotherton, Chair Date Approved jas to Form: Philip Hunsucker I' Chief Civil Deputy Prosecuting Attorney Attest: Carolyn dilaway, Deputy Cle o the Board KPHD 1634 PROPERTY USE AGREEMENT This Office Space Use Agreement ("Agreement") is made by and between the Jefferson County Public Health ("Agency"), a local health jurisdiction organized pursuant to chapters 70.05 and 70.46 RCW, having its principal place of business at 615 Sheridan St, Port Townsend, WA 98368, and Kitsap Public Health District ("Occupant"), a health district organized pursuant to chapters 70.05 and 70.46 RCW, having its principal place of business at 345 6th Street, Suite 300, Bremerton, Washington 98337. The parties mutually agree as follows: 1. CONTACT INFORMATION Ate: Vicki Kirkpatrick Director Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 (360) 385-9400 Occupant: Katie Eilers (or her delegate) Community Health Director Kitsap Public Health District 345 6th Street, Suite 300 Bremerton, WA 98337 (360) 337-5224 2. DESCRIPTION OF PREMISES Agency agrees to provide Occupant with confidential office space at its business location at 615 Sheridan Street, Port Townsend, WA 98368for the purpose of providing HIV Case Management to clients residing in Jefferson County. 3. TERM The term of this Agreement shall commence on January 1, 2017 and will end on December 31, 2019 unless extended in writing or terminated sooner. 4. RENT Beginning January 1, 2017, Agency shall provide this space "in-kind" to Occupant in support of the work they do to provide easily accessible HIV Case Management to Jefferson County residents. This "in-kind" is valued at $128.62 per month in 2017, and shall increase by 3% in each year thereafter. 1 of 7 5. QUIET ENJOYMENT Occupant shall lawfully and quietly hold, occupy and enjoy the premises during the term of this Agreement. Agency will not access the premises during the days and hours utilized by Occupant without prior notice to Occupant. Occupant shall not unreasonably withhold its consent to allow Agency to enter and inspect the premises at reasonable times and make any needed repairs. Occupant also understands and agrees that Agency will utilize the premises for the conduct of Agency business when the premises is not utilized by Occupant. Occupied office hours shall be the same as the rest of the Agency for heat and cooling setbacks. 6. UTILITIES, OFFICE FURNITURE, MAINTENANCE AND CUSTODIAL SERVICES 6.1 Agency shall provide the following utilities the confidential office space: electricity, public wireless internet access, and access to the premises. Occupant shall use utilities in accordance with the Policies of the Jefferson County Public Health. Occupant shall not connect any non -Agency devices to Agency's internal computer network. Prior to using any Agency devices, Occupant shall execute an agreement to abide by Agency's network, internet, intranet, and e-mail and voice mail use policy. 6.2 Agency shall provide a desk, three chairs, and a locking file cabinet in which to store confidential case management records. 6.3 Agency shall provide the following custodial services for the premises: Vacuum all floor areas that are clear of furniture. Agency custodial staff shall not be required to move heavy, bulky or loose items (i.e., cardboard boxes, items of personal nature or craft items) to vacuum carpets, nor shall the custodial staff dust, or pick up general daily debris. 2. Remove trash. 7. OCCUPANT'S USE OF PREMISES 7.1 Occupant shall have exclusive use and possession of the confidential office space during a mutually agreed time period throughout the term of this Agreement. The premises shall be used as an office space or any activities incident thereto. Occupant shall keep and preserve the premises free from any nuisance, will not permit any unlawful activity on the premises, and will not permit any use other than those conforming to Occupant's official function. Agency,=in its sole discretion, may prohibit any activity that Agency deems is not consistent with the health and safety interests of the public. 2 of 7 7.2 Occupant's use of the premises and activities conducted therein shall comply with and all federal, state and local laws and regulations including laws which prohibit discrimination against any person on the basis of race, color, national origin, ancestry, sex or age. Occupant shall comply with all provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such Act. Occupant is not responsible for the premises' structure being in compliance with the Americans with Disabilities Act. 7.3 Occupant's taking possession of the premises shall be conclusive evidence that the premises were in good order and satisfactory condition when Occupant took possession, except as to latent defects. At the termination of this Agreement, Occupant shall return the premises clean and in as good condition as when Occupant took possession, ordinary wear and tear excepted, failing which Agency may restore the premises to such condition and Occupant shall pay the cost upon demand. 7.4 Occupant shall make no changes, improvements or alterations to the premises without the prior consent of Agency. Title to any and all changes, improvements or alterations to the premises shall be with Agency. 7.5 Occupant agrees to immediately notify the Deputy Director of any beverage spills on carpeting or damages to premises. 7.6 Occupant agrees to follow Agency's safety protocol while on the premises and participate in emergency drills that require evacuation of the building. 8. ASSIGNMENT AND SUBLETTING Neither this Agreement nor any right granted under this Agreement may be assigned, transferred, encumbered or sublet in whole or in part by Occupant. 9. TERMINATION This Agreement may be terminated by either party upon giving written notice not less than thirty (30) days prior to the effective date of termination. In the event Occupant fails to remove all of Occupant's property from the premises within thirty (30) days after termination of this Agreement, then Agency may re-enter the premises and remove and store such property at Occupant's sole cost and expense. 10. LIENS Occupant shall not permit any lien to be filed against the premises or any part thereof or against the Occupant's Agreement hold interest, by reason of work, labor, services or materials performed or supplied to Occupant. If any lien is filed against the premises or against Occupant's Agreement hold interest, Occupant shall cause the same to be discharged of record within thirty (30) days after the date the lien is filed. 3 of 7 11. INSURANCE The Occupant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Occupant's operation and use of the Premises. No Limitation. Occupant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Occupant to the coverage provided by such insurance, or otherwise limit the Agency's recourse to any remedy available at law or in equity. 11.1 Minimum Scope of Insurance Occupant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Agency shall be named as an insured on Occupant's Commercial General Liability insurance policy. 2. Property insurance shall be written on an all risk basis. 11.2 Minimum Amounts of Insurance Occupant shall maintain the following insurance limits: 1. Commercial General hiabili1y insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Occupant's property and improvements with no coinsurance provisions. 11.3 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: The Occupant's insurance coverage shall be primary insurance as respect the Agency. Any coverage for third party liability claims provided to the Agency by a "Risk Pool" created pursuant to Ch 43.62 RCW shall be excess of the Occupant's insurance and shall be non-contributory to Occupant's insurance. 2. The Occupant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Agency. 4of7 12. HOLD HARMLESS Occupant shall defend, indemnify, and hold harmless the Agency, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Occupant's use of Premises, or from the conduct of Occupant's business, or from any activity, work or thing done, permitted, or suffered by Occupant in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Agency. 13. VENUE This Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance, and any action at law, suit in equity, or other proceeding for the enforcement of this Agreement or any provision of this Agreement shall be instituted only in the courts of the State of Washington, County of Jefferson. 14. INTEGRATION This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representation, or agreements, either verbal or written, between the parties. 15. MODIFICATION There may be no modification of this Agreement, except in writing, executed with the same formalities as this instrument. 16. BINDING EFFECT The covenants and conditions contained in this agreement shall apply to and bind the parties, heirs, representatives and assigns of the parties. 6of7 17. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement, and the remaining rights and obligations of the parties, shall be construed and enforced as if the Agreement did not contain the invalid part. .1,0— Dated this day of _ VA , 2017 Y T: 7 U EALTH DISTRICT ner Administrator Sl i.R ATTEST:`''')" Carolyn Aver Deputy Clerk of the Board 7of7 I/ Dated this,� day of `��'�L2,, 2017 AGENCY: JEFFERSON COUNTY PUBLIC HEALTH Vicki Kirkpatr' k Director JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kier, Chair APPROVED AS TO FORM: y- Ci Philip C. 1-nsucker, Chief Civil Deputy Prosecuting Attorney 615 Sheridan Street Port Townsend, WA 98368 9effaaon www.JeffersonCountyPublicHeaIth.org is Health Consent Agenda January 14, 2020 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director DATE: �� I �c �bp SUBJECT: Agenda Item — Amendment No. 1 to Property Use Agreement — Kitsap Public Health District; Extended until December 31, 2024 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Amendment No. 1 to extend the Property Use Agreement with Kitsap Public Health District to December 31, 2024. ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: Kitsap Public Health District provides HIV Case Management to Jefferson County residents. In order to support their work, Jefferson County Public Health provides confidential office space so their services may be more easily accessible. This amendment is to extend the original contract, which was from January 1, 2017 to December 31, 2019, to December 31, 2024. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no exchange of money associated with this agreement. RECOMMENDATION: JCPH Management recommends BOCC signature of Amendment No. 1 to the Property Use Agreement — Kitsap Public Health District. C--- Philip _ Philip M(*ley,)County A-d—ministrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community CONTRACT REVIEW FORM CONTRACT WITH: Kitsap Public Health District (Contractor/Consultant) CONTRACT FOR: Amendment No. 1 to Property Use Agreement TRACKING NO.: N -17-001-A1 s- TERM. Jan I, 241 c,31, 2024 COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Vicki JAN 2 l 2020. Contact Phone #: x40EM 8 741 � s RETURN TO: Jenny RETURN B k t (Person in Department) AMOUNT: $o Revenue Expenditure Matching funds Required Source(s) of Matching Funds Step 1: 9.PPROVED FORM Comments REVIEW BY Date PROCESS: R Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other - MOU ❑ Returned for revision (See Comments) Step 2: REVIEW BY PIROM, UTING ATTORNEY Review by: Philip C. H _er, Chief Civil Demo( e�,�trne Date Reviewed: I/ P Y fir lRZ APPROVED AS TO FORM ❑ Returned for revision (See Comments) Comments C11, P, Q a.... 4. /TF......,,:« AN "VDADTMT.NT MAWVQ Dl: VTQTn%TQ R, DT1 QTTRMTTQ rrn DTQY MANA1--1 %4VNT ANTI `t, PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)