HomeMy WebLinkAboutYMCA, Olympic Peninsula re: ARPA Childcare - 121922a 30
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GRANTEE AGREEMENT WITH THE OLYMPIC PENINSULA YMCA
This Grantee Agreement ("Agreement") is by and between Jefferson County, a Washington political
subdivision ("County") and the Olympic Peninsula YMCA, ("Grantee").
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
(ARPA) into law; and
WHEREAS, the ARPA distributed revenue sharing funds to Jefferson County that can be
used for any governmental purpose; and
WHEREAS, Jefferson County has a critical shortage of child care facilities, which makes
it difficult to hire employees with young children; and
WHEREAS, the Olympic Peninsula YMCA is spearheading the development of a
significant child care facility that will also offer other important services to the community; and
WHEREAS, the Jefferson County Board of Commissioners wishes to fulfill their
commitment to provide $290,000 in ARPA revenue sharing funds to support this effort; and
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, and the terms and conditions set forth below, the parties agree as follows:
1. Effective Date and Term. This Agreement shall commence on when last executed
by the parties and remain in effect until December 31, 2024, unless terminated earlier by the
County in writing. Eligible expenses incurred prior to contract execution but not prior to November
1, 2022 are hereby ratified.
2. Grant Amount and Grantee's Use of Grant Funds. The Grantee shall ensure that the
any funds expended are eligible in accordance with project description at Exhibit A. The Grant
amount is $290,000,
3. Termination. The County may terminate this Agreement, for convenience or
otherwise and for no consideration or damages, upon prior notice to the Grantee.
4. Independent Grantee. Each party under this Agreement shall be for all purposes an
independent Grantee. Nothing contained herein will be deemed to create an association, a
partnership, a joint venture, or a relationship of principal and agent, or employer and employee
between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act, as an
employee, agent, or representative of the County for any purpose.
5. Indemnilication. The Grantee agrees to defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers harmless from and against any and all claims,
injuries, damages, losses or expenses including without limitation personal injury, bodily injury,
sickness, disease, or death, or damage to or destruction of property, which are alleged or proven
to be caused in whole or in part by an act or omission of the Grantee, its officers, directors,
employees, and/or agents relating to the Grantees' performance or failure to perform under this
Agreement. The section shall survive the expiration or termination of this Agreement.
6. Insurance. Prior to commencing work, the Grantee shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in force
during the terms of the Agreement.
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 $500,000 each occurrence with the County
named as an additional insured in connection with the Grantee's performance of his Agreement.
This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles.
Commercial General Liability. Insurance in an amount not less than a single limit of
$1,000.000 per occurrence and an aggregate of not less than two (2) times the occurrence amount
($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a
greater amount is specified in the contract specifications.
The commercial general liability 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;
Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
Premises — Operations Liability (M&C),
e. Blanket Contractual Liability.
The County shall be named as an "additional named insured" under all insurance policies required
by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The Grantee shall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)
The certificate holder as Jefferson County. Washington and its elected officials, officers, and
employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port
Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured" to a policy obtained by
the Grantee 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 tile Grantee to obtain the full text of that
endorsement and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this Agreement.
Failure of the Grantee to take out or maintain any required insurance shall not relieve the Grantee
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification of the County.
The Grantee's 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, with the exception of Professional Liability Insurance, so affected shall
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance.
Insurance companies issuing the Grantee's insurance policy or policies shall have no recourse
against the County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of insurance policy.
All deductibles in the Grantee's insurance policies shall be assumed by and be at the sole risk of
the Grantee.
Any deductibles or self -insured retention shall be declared to and approved by the County prior
to the approval of this Agreement by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self -insured retention, or the Grantee shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Any judgments for which the County may be liable, in excess of insured amounts required by this
Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the
Grantee until the Grantee shall furnish additional security covering such judgment as may be
determined by the County.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the
Grantee shall provide to comply with this Agreement.
The County may, upon the Grantee's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Grantee.
The Grantee shall provide a copy of all insurance policies specified in this Agreement.
Written notice of cancellation or change in the Grantee's insurance required by this Agreement
shall reference the project name and agreement number and shall be mailed to the County at the
following address: Jefferson County Risk Management, P.O. Box 1224, Port Townsend, WA
98368.
The Grantee's liability insurance provisions shall be primary and noncontributory with respect to
any insurance or self-insurance programs covering the County, its elected and appointed officers,
officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect coverage
provided to the County, its officers, officials, employees, or agents.
The Grantee's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
The Grantee shall include all Sub -Grantees as insured under its insurance policies or shall furnish
separate certificates and endorsements for each Sub -Grantee. All insurance coverage for Sub -
Grantees shall be subject to all the requirements stated in this Agreement.
The insurance limits mandated for any insurance coverage required by this Agreement are not
intended to be an indication of exposure nor are they limitations on indemnification.
The Grantee shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services shall be promptly replaced. All the insurance policies
required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the County Risk
Manager by registered mail, return receipt requested.
The Grantee shall place insurance with insurers licensed to do business in the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that excess and
umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need
not be placed with insurers or re -insurers licensed in the State of Washington.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
7. Worker's Comcnsation (Industrial Insurance).
If and only if the Grantee employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Grantee, the Grantee 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 Jefferson County Risk Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with limits
meeting all applicable state and federal laws.
This coverage shall extend to any Sub -Grantee that does not have their own worker's
compensation and employer's liability insurance.
The Grantee expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit act, or
other employee benefit act of any jurisdiction which would otherwise be applicable in the case
of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Grantee.
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8. Compliance with Laws. Guidelines. The Grantee shall comply with all federal,
state, and local laws and all requirements (including certifications and audits), to the extent
applicable, when seeking Reimbursement.
9. Maintenance and Audit of Records. The Grantee shall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These records
shall be subject to inspection, review and audit by the County or its designee, the Washington
State Auditor's Office. If it is determined during the course of the audit that the Grantee was
reimbursed for unallowable costs under this Agreement or any, the Grantee agrees to promptly
reimburse the County for such payments upon request.
10, Notices. Any notice desired or required to be given hereunder shall be in writing,
and shall be deemed received five (5) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended
at its last known address, or to such other person or address as either party shall designate to the
other from time to time in writing forwarded in like manner:
Grantee
Wendy Bart
Chief Executive Officer
Olympic Peninsula YMCA
302 S. Francis Street
Port Angeles, WA 98362
Ph: 360-504-0526
wendyCaolympicpeninsulaymca.org
Jefferson County
Mark McCauley
County Administrator
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
11. Improper Influence. Each party warrants that it did not and will not employ, retain, or
contract with any person or entity on a contingent compensation basis for the purpose of seeking,
obtaining. maintaining, or extending this Agreement. Each party agrees, warrants, and represents
that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,
maintaining, or extending this Agreement.
12. Conflict of Interest. The elected and appointed officials and employees of the parties
shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest.
13, Time. Time is of the essence in this Agreement.
14. Survival. The provisions of this Agreement that by their sense and purpose should
survive expiration or termination of this Agreement shall so survive. Whose provisions include
without limitation Indemnification and Maintenance and Audit of Records.
15. Amendment. No amendment or modification to this Agreement will be effective
without the prior written consent of the authorized representatives of the parties.
16. Governing Law, Venue. This Agreement will be governed in all respects by the laws
of Washington state, both as to interpretation and performance, without regard to conflicts of law
or choice of law provisions. Any action arising out of or in connection with this Agreement may
be instituted and maintained only in a court of competent jurisdiction in Jefferson County.
Washington or as provided by RCW 36.01.050.
17. Non -Waiver, No failure on the part of the County to exercise, and no delay in
exercising, any right hereunder shall operate as a wavier thereof, nor shall any single or partial
exercise by the County of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right. The remedies herein provided are cumulative and not exclusive of any
remedy available to the County at law or in equity.
18. Bindina I ffecL This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
19. Assignment, Neither party shall assign or transfer any of its interests in or obligations
under this Agreement without the prior written consent of the other party.
20. Entire Agreement. This Agreement constitutes the entire agreement between the
County and the Grantee for the use of funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between the parties with respect to this Agreement.
21. No "third Partv Beneficiaries. Nothing herein shall or be deemed to create or confer
any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligation which either party has to the Washington
State Department of Commerce of these grant funds, including the obligation to provide access to
records and cooperate with audits as provided in this Agreement.
22. Scvcrability. In the event that one or more provisions of this Agreement shall be determined
to be invalid by any court ofcompetent jurisdiction or agency having jurisdiction thereof, the remainder
of this Agreement shall remain in full force and effect and the invalid provisions shall be deemed
deleted.
23. Counterparts, This Agreement may be executed in counterparts, any of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
24. Authorization. Each party warrants to the other party, that the person executing this
Agreement on its behalf has the full power and authority to do so.
25. 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 Grantee 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 Grantee also agrees that upon receipt of any written public
record request, Grantee shall, within two business days, notify the County by providing a copy of
the request per the notice provisions of this Agreement.
ISIGNATURES APPEAL ON THE NEXT PAGE)
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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed
belo►c,
BOARD OF COUNTY COMMISSIONERS
By:
Nei Eisenhour DATE
Chair
SEAL:
ATTEST:
A�6,, 117,
Carolyne-,away ATE
Clerk of the Board
Approved as to form only:
December 15, 2022
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
OLYMPIC PENINSULA YMCA
CA
By: K)� f.�.
Wendy Bart DATE
Chief Executive Officer
aWAI
PROJEC"I' DESCR[PT[ON
The project is to build a 4,800 square foot Early Learning/Family Support Center located on Port
Townsend School District property. The facility will be used as an early learning child care center, a
hub for family support services via the YMCA's Family Resource Navigator, and will serve as the
primary kitchen for the YMCA's meals program. The early learning child care center will serve
youth from 6 weeks to S years. Family support services will include parenting classes, preschool
play groups e.g., Kaleidoscope Play and Learn, diaper and clothing bank, and one-to-one family
support. The meals program will involve the preparation and distribution of food for children and
families with an emphasis on days when school is not in session (including summer and holiday
breaks); preparing and serving snacks/meals for child care and day camp participants.
County funds will be used for the purposes of planning, designing, and constructing the facility.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 19, 2022
SUBJECT: Approval of an American Rescue Plan Act (ARPA) Grant to the
Olympic Peninsula YMCA for Their Childcare Project
STATEMENT OF ISSUE:
The Olympic Peninsula YMCA has undertaken a project to increase the availability of childcare in our community
Below is a description of their project:
The project is to build a 4,800 square foot Early Learning/Family Support Center located on Port Townsend School
District property. The facility will be used as an early learning child care center, a hub for family support services via
the YMCA's Family Resource Navigator, and will serve as the primary kitchen for the YMCA's meals program. The
early learning child care center will serve youth from 6 weeks to 5 years. Family support services will include
parenting classes, preschool play groups e.g., Kaleidoscope Play and Learn, diaper and clothing bank, and one-to-one
family support. The meals program will involve the preparation and distribution of food for,, children and families^with
an emphasis on days when school is not in session (including summer and holiday breaks); !preparing and serving
snacks/meals for child care and day camp participants.
ANALYSIS:
The YMCA is seeking ARPA funds to help plan, design and construct the facility. The Board of County
Commissioners supports this project as the shortage of childcare in our community is a serious obstacle to attracting
and retaining employees. They committed $290,000 in ARPA funds to help bring this project to fruition. The attached
grant agreement will provide those funds for this worthy project.
FISCAL IMPACT:
The $290,000 will be paid using ARPA funds from the Grant Management Fund, Fund123
RECOMMENDATION:
That the Board approve the grant agreement.
RE ED BY:
2�--
Mark Mc a ey, County Administr to D to
CONTRACT REVIEW FORM I Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Olympic Peninsula YMCA Contract No: OPYMCA - ARPA 22
Contract For: Childcare Facility Planning/Design/Constr. Term: Through December 2024
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley&o.jefferson.wa.us
AMOUNT: $290,000
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
N/A
$290,000
N/A
N/A
123
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 CERTIFI�t4ature
E 3355.080 AND CHAPTE 42.2 RCW.
CERTIFIED: � N/A: R �-
Da e
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED X ANY FEDERAL, STATE, OR LOCAL
AGENCY. J/ / //�/� 7
CERTIFIED: a NIA:
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically th
Electronically approved by Risk Management on 12/14/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/15/2022.
Let's update the indemnity language on this form.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL