HomeMy WebLinkAboutPort Townsend Senior Association re: Community Center Managment - 12192210,6_5 CT�W (CANN CV4�r
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AGREEMENT
By and Between
THE PORT TOWNSEND SENIOR ASSOCIATION
And
JEFFERSON COUNTY
2023-2025 Community Services Grant Funding
Purpose: The purpose of this Community Services Grant is to ensure the continued availability
and use of the Port Townsend Community Center for the general public and to ensure said
facility provides a focal point to address the needs of the senior population in Port Townsend.
Parties: This grant is to assist the PORT TOWNSEND SENIOR ASSOCIATION, hereinafter
known as "SENIORS", a private non-profit corporation in the State of Washington, for the
purposes provided herein, with funds allocated by Jefferson County, hereinafter know as
"COUNTY," a municipal corporation.
SECTION 1: SERVICES TO BE PERFORMED BY SENIORS
A. The SENIORS agree to perform the following services to benefit the senior population in the
Port Townsend area;
Provide daily operation of the Community Center including scheduling of events,
program planning, activities, and building security.
2. Assist 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. Organize programs and activities to benefit the senior population.
5. 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 from the Seniors 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, and if Seniors propose to grant such use, 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 Seniors as a third
party beneficiary for an appropriate portion of the net lease payment after
expenses, consistent with Section 4 of this Agreement. Jefferson County will
consult with Seniors in developing the terms of the lease and will comply with all
laws regulating the lease of public property. Should Seniors reject a proposed
lessee, then they shall so inform the County in writing explaining why they made
such a decision. The County reserves the right to negotiate with the Seniors
2023-2025 Community Services Grant Funding with Port Townsend Senior Association
regarding the suitability of a proposed lessee who has been rejected by the
Seniors.
6. Purchase of necessary operating supplies including but not limited to desks, tables,
chairs, office supplies. Cleaning and facility operating supplies shall be approved by
Jefferson County Facilities Division.
7. Purchase and replace interior light bulbs and fluorescent lamps as part of the operating
supplies referred to in Subsection 6 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.
8. Provide and manage the daily custodial functions of the main floor of the Port Townsend
Community Center, 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, guidance shall be received from Jefferson County Facilities Division as outlined
in Attachment A.
9. Pay telephone services charges.
10. 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. Reporting/Notification Responsibilities of the Port Townsend Senior Association:
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 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 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 SENIORS 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. Assure that the Port Townsend Community Center is available for use by the senior
population, including financial responsibility for the following:
1. Utilities (electrical power and water);
2. Garbage Pick-up and Disposal;
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2023-2025 Community Services Grant Funding with Port Townsend Senior Association
3. Beating Fuel; and
4. Maintenance and repair of real property (building, parking lot, water, and sewer)
including but not limited to plumbing, kitchen equipment, floor repair, and exterior
lighting.
B. The COUNTY will provide the SENIORS a Community Services Grant to be used in support
of their responsibilities as defined under this Agreement.
The Community Services Grant will be for a total of $17,230 for 2023, increasing 3% in
2024 ($17,747) and 2025 ($18,279). The grant will be broken into Senior Programs and
Building Maintenance as outlined below.
1. The Senior Program grant is in the sum of $12,707 for 2023, increasing 3% in 2024
($13,089) and 2025 ($13,479). Quarterly payments of $3,176.75 will be made in 2023,
increasing 3% in 2024 and 2025, beginning with the first quarter of each year.
2. The Building Maintenance grant is in the sum of $4,523 for 2023. Increasing 3% in 2024
($4,658) and 2025 ($4,798). Quarterly payments of $1,130.75 will be made in 2023,
increasing 3% in 2024 and 2025, beginning with the first quarter of each year.
Quarterly payments are predicated on quarterly reports defined in Section 1.
SECTION 3: SENIOR NUTRITION PROGRAM
Activities under this Agreement shall include support of the Senior Nutrition Programs with use
of the Kitchen at no additional cost to the SENIORS or organization providing the Senior
Nutrition Program, except such organization may be required to pay direct costs for use of the
Kitchen, including but not limited to utilities used and a prorated share of maintenance,
replacement or depreciation of Kitchen equipment.
SECTION 4: EXCESS RENTAL AND LEASE INCOME
A. SENIORS will retain all income derived from the rental or lease of the Community Center in
order to support the costs of its responsibilities as described in this Agreement, except as
provided in Section I .A.5. and in Section 4.13. and 4.C.
B. If the income derived from lease after expenses or rental of the Community Center exceeds
the Community Services Grant as outlined in Section 2.8., then the excess revenues will be
split with the SENIORS receiving 50% and the COUNTY receiving 50%.
C. Payment by the SENIORS to the COUNTY of the COUNTY's portion of the excess
revenues will be made in the first quarter of the year following the year the excess occurred.
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2023-2025 Community Services Grant Funding with Port Townsend Senior Association
SECTION S: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2023 and ending
December 31, 2025, unless renewed by mutual agreement of the parties, except that any excess
rental income to be shared with the COUNTY for each year shall be calculated and paid to the
COUNTY during the first quarter of each subsequent year. All activities performed pursuant to
this Agreement within its term and prior to its execution are hereby ratified.
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: 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 9: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
The SENIORS 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 the venue shall be in Jefferson County, WA.
SECTION 10: HOLD HARMLESS
The SENIORS shall indemnify 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 SENIORS'
negligence or breach of an of its obligations under this Agreement; provided that nothing herein
shall require the SENIORS 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 SENIORS'
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
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2023-2025 Community Services Grant Funding with Fort Townsend Senior Association
be valid and enforceable only to the extent of the SENIORS' negligence, or the negligence of the
SENIORS' agents or employees.
The SENIORS specifically assume potential liability for actions brought against the COUNTY
by the SENIORS' employees, including all other persons engaged in the performance of any
work or service required of the SENIORS 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. The SENIORS recognize that this waiver was
specifically entered into pursuant to provisions of RCW 4.24,115 and was subject of mutual
negotiation,
SECTION 11: INDEPENDENT CONTRACTOR
The SENIORS and the COUNTY agree that the SENIORS are 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 SENIORS nor any employee of the SENIORS 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 SENIORS, or any employee of the SENIORS. The
SENIORS agree to file all necessary governmental documents, including tax returns, reflecting
income status as an independent contractor for services rendered to the COUNTY under this
Agreement. Should any governmental agency audit the files and request information on either
the SENIORS r or the COUNTY, the SENIORS and the COUNTY agree to furnish immediately
the requesting party with any records, including tax returns, relating to the services rendered
under this Agreement.
SECTION 12: INSURANCE
The SENIORS shall obtain and keep in force during the term of the Agreement, or as otherwise
required, the following insurance:
A. Commercial General Liability Insurance. The SENIORS shall maintain commercial
general liability coverage on a form acceptable to Jefferson County Risk Management for
bodily injury, personal injury, and property damage, with a limit of not less than in the
amount of at least $1 million per occurrence, for bodily injury, including death, and property
damage.
S. Worker's Compensation (Industrial Insurance). The SENIORS 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.
SECTION 13: P'UBL,IC RECORDS ACT. Notwithstanding any provisions of this Agreement to
the contrary, to the extent any record, including any electronic, audio, paper or other media, must
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2023-2025 Community Services Grant Funding with Port Townsend Senior Association
be kept or indexed as a public record under the Washington Public Records Act, Chapter 42.56
RCW (as may be amended), the SENIORS agree to maintain all records constituting public
records and to produce or assist the COUNTY in producing such records, within the time frames
and parameters in state law. The SENIORS also agree that upon receipt of any written public
records request, the SENIORS shall, within two business days, notify the COUNTY by
providing a copy of the request per the notice provisions of this Agreement. This Agreement,
once executed, will be a "public record" subject to production to a third party if it is requested
under the Washington Public Records Act, Chapter 42.56 RCW (as may be amended).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this Iq y
of DP-U, � 66-- , 2022.
SIGNATURES APPEAR ON THE NEXT PAGE
Page 6 of 8
2023-2025 Community Services Grant Funding with Port Townsend Senior Association
Attest:
C'Wer az 4ay
Caro 'al'away,
Clerk of the Board
Approved as to Form:
4
Philip
I 4'*--Deebe`, 8, 2022
Philip C. Hunsucker,
Chief Civil Deputy Prosecutor
JEFFERSON COUNTY
BO D OF COISSIONERS
eid isenho, TX14tr_�
Nrt TownseO S Pior Association
President
Page 7 of 8
Date
2023-2025 Community Services Grant Funding with Port Townsend Senior Association
ATTACHMENT A
CUSTODIAL DUTIES
At the Port Townsend Community Center
Required by the 2023-2025 Community Services Grant Contract
With the Port Townsend Senior Association
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 8 of 8
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December 27, 2022
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District I Heidi Eisenhour, District 2 Greg Brotherton, District 3
Port Townsend Senior Association
Attn: Robert Gray, President
620 Tyler Street
Port Townsend, WA 98368
Re: AGREEMENT re: Port Townsend Senior Center Management; 2023: In the Amount of 07,230 with a
3% Escalator for 2024 and 2025; Jefferson County Administrator, Port Townsend Senior Center
Dear Mr. Gray,
Enclosed are two (2) Original re: AGREEMENT re: Port Townsend Senior Center Management; 2023: In the
Amount of $17,230 with a 3% Escalator for 2024 and 2025; Jefferson County Administrator; Port Townsend
Senior Center
Please sign both (2) Originals. Keep one (1) Original for your own records and please return the other
signed Original to the following address:
Jefferson County Commissioners Office
Attn: Julie Shannon
PO Box 1220
Port Townsend, WA. 98368
When returning the signed Original, please send a copy of your Proof of Insurance as stated in the
Agreement.
Ple se contact our office if you have any questions.
Tha u,
Jui non
Executive Secretary II
Jefferson County Commissioners Office
360 385 9100
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 19, 2022
SUBJECT: Request for Board of County Commissioners approval of a
community services grant agreement with the Port Townsend Senior Association for
managing the Port Townsend Community Center
STATEMENT OF ISSUE:
Jefferson County has contracted with the Port Townsend Senior Association for many years to manage the
Port Townsend Community Center. The grant agreement needs to renewed.
ANALYSIS:
The attached three-year agreement provides grant funding for 2023 through 2025. The grant amount for
2023 is $17,230, for 2024 is $17,747 and for 2025 is $18,279.
FISCAL IMPACT:
Fiscal impact for 2023 is $17,230, for 2024 is $17,747 and for 2025 is $18,279, all to be paid out of
Department 068, Community Services of the General Fund.
RECOMMENDATION:
That the Board of County Commissioners approve the attached grant agreement with the Port Townsend
Senior Association for managing the Port Townsend Community Center.
M.
Mark Mc ley, County Administr r D to
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Townsend Senior Association Contract No: PTCommCtr -23-25
Contract For: Community Center Management Services Term: Throuch 2025
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360385-9130
Contact email: mmccauley@co.jefferson.wa.us
AMOUNT: $17,230 in 2023 w/3% escalator
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
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 L CE 3.5 080 AND CHAPTER 4 .23 RCW.
CERTIFIED: R N/A:
S nature ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOBEEN DEBARRED ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: R N/A: ❑ ' � ;�
. ignature Dfite
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
N/A
$17,230
N/A
N/A
001
001-068
PROCESS:
Electronically approved by Risk Management on 12/7/2022.
Contract language revised by the PAO.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/7/2022.
Consider balding the Section 13 header.
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