HomeMy WebLinkAboutYMCA Olympic Peninsula ARPAJEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: March 20, 2023
SUBJECT: Request for Board of County Commissioners approval of an American
Rescue Plan Act (ARPA) Grant Agreement with the Olympic Peninsula
YMCA
STATEMENT OF ISSUE: On Monday, February 27, 2023 the Board of County
Commissioners reviewed 48 ARPA grant proposals received from a variety of sources. These
48 proposals were submitted as a result of a BOCC "Last Call" for proposals as it sought to
distribute $834,718 in remaining ARPA funds ($1.692 million in 2023 ARPA funds have yet to
be received). The Board selected 17 projects for funding.
Each Commissioner scored each of the 48 projects individually. Their scores were consolidated
in a spreadsheet and the projects were ranked using these consolidated scores. The Board
discussed each project for the benefit of the public. The Commissioners then made funding
allocations until all but $718 of the funds were allocated and directed the County Administrator
to prepare the appropriate grant agreements.
ANALYSIS: The Olympic Peninsula YMCA submitted a request for $100,000 to help
complete financing for the Early Learning Center being established at the 71h Haven affordable
housing project. The Board allocated the full $100,000.
A grant agreement funding this project is attached.
FISCAL IMPACT: This request costs $100,000 which will be paid using ARPA funds in Fund
123, Grants Management.
RECOMMENDATION: That the Board of County Commissioners approve the attached grant
agreement.
REVIEWED BY:
ILA
Mark McCaulejjCounty Administrator date
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 has allocated funds to revenue sharing counties, of which Jefferson
County is one; and
WHEREAS, revenue sharing ARPA funds may be used for any governmental purpose; and
WHEREAS, Grantee has requested ARPA funds to help complete the Early Learning Center at
the 7 1h Haven affordable housing project; and,
WHEREAS, Jefferson County has a well -documented shortage of such facilities: and
WHEREAS, the Early Learning Center at 7 1h Haven will serve 33 children between the ages of
three to five years: and
WHEREAS, the Jefferson County Board of Commissioners wishes to provide funding for this
project and directed the County Administrator to bring forth a grant agreement to make said funds
available to the Grantee:
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:
Grant Amount and Grantee's Use of Grant Funds. The Grant amount is $100,000. The Grant is to
be used for the purposes outlined in Exhibit A. These grants funds may be made available
contingent upon receipt of the second tranche of ARPA revenue sharing funds.
Reporting Requirements. Grantee will submit a report to the County following the completion of
the project. The report will include information regarding the usage of the $ 100,000 grant amount
and the completed project.
Effective Date and Term. This Agreement shall commence on the date when last executed by the
parties and remain in effect until the Grant is exhausted.
Termination. The County may terminate this Agreement, for convenience or otherwise and for no
consideration or damages, upon prior notice to the Grantee.
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.
Indemnification. The Grantee shall defend, indemnify and hold the County,, its officers, officials,
employees, agents and volunteers (and their marital communities) harmless from any claims,
injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the
acts, errors or omissions of the Grantee in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the County. Should a court of competent jurisdiction
determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers
(and their marital communities) the Grantee's liability, including the duty and cost to defend, shall
be only for the Grantee's negligence. It is further specifically understood that the indemnification
provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. This section shall survive the expiration or termination of this Agreement.
Re wired Liability Coverages. Prior to commencing work, the Grantee shall obtain at its own cost
and expense the following coverage specified below either by a policy of insurance or by an
agreement with a "Risk Pool" created pursuant to Ch. 48.62 RCW such as the Washington Cities
Insurance Authority and shall keep such coverage in force during the terms of the Agreement.
Commercial Automobile Liability coverage 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 in connection with
the Consultant's performance of his Agreement. This coverage shall indicate on the certificate
the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned
automobiles.
Commercial General Liability. Coverage 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 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 coverage for products and
completed operations;
d. Premises — Operations Liability (M&C);
e. Blanket Contractual Liability.
Such coverage shall be evidenced by one of the following methods: (a) Certificate of Coverage;
or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
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The Grantee shall furnish the County with properly executed certificates of coverage 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 coverage shall not be canceled or allowed to
expire except on thirty (30) days prior written notice 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 coverage shall not relieve the Grantee
from any liability under this Agreement, nor shall the coverage 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 coverage, with the exception of Professional Liability coverage, so affected shall protect all
the parties and shall be primary coverage for all losses covered by the above described insurance.
Insurance companies or risk pools issuing the Grantee's coverages 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 agreement providing coverage.
All deductibles in the Grantee's coverages 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 or risk
pool shall reduce or eliminate deductibles or self -insured retention, or the Consultant 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 RC shall be non-contributory with respect to any coverage 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 coverage, withhold payment or compensation that would otherwise be due to the
Grantee.
The Grantee shall provide a copy of all agreements providing any coverage specified in this
Agreement.
Written notice of cancellation or change in the Grantee's coverage 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 1220, Port Townsend, WA
98368.
The Grantee's liability coverage 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 any agreement providing coverage shall not
affect coverage provided to the County, its officers, officials, employees,, or agents.
The Grantee's coverage shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of liability.
The Grantee shall include all Sub -Grantees as persons covered under its coverages or shall furnish
separate certificates and endorsements for each Sub -Grantee. All coverage for Sub -Grantees shall
be subject to all the requirements stated in this Agreement.
The coverage limits mandated for any 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 coverages in force from the time services commence until
services are completed. Certificates, coverages, and endorsements expiring before completion of
services shall be promptly replaced. All the coverages 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 coverages with a "Risk Pool" created pursuant to Ch. 48.62 RC or 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 coverage on an individual basis for extra
hazardous contracts and specific service agreements.
Worker's Compensation (Industrial Insurance.
If and only if the Consultant 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 Consultant, 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 coverage.
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.
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.
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 uponrequest.
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
675 N. 5 th Ave., Suite 3A
Sequim, W.A. 98382
Jefferson County
Mark McCauley
County Administrator
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
Improper Influence. Each party warrants that it did not and will not employ, retai
fln, 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.
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.
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Time. Time is of the essence in this Agreement.
Survival. The provisions of this Agreement that by their sense and purpose should survive
expiration or termination of this Agreement shall so survive. Those provisions include without
limitation Indemnification and Maintenance and Audit of Records.
Amendment. No amendment or modification to this Agreement will be effective without the prior
written consent of the authorized representatives of the parties.
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.
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.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors.
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.
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.
No Third Party 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.
SeverabiliLy. In the event that one or more provisions of this Agreement shall be determined to be
invalid by any court of competent 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.
Counter arts. 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.
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.
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
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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.
(SIGNATURES APPEAR ON THE NEXT FADE
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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date
signed below.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Greg Brotherton, Chair
SEAL:
ATTEST:
Carolyn Gallaway
Clerk of the Board
D.ATF
DATE
Approved as to form only:
0' C 14114� March 16, 2023
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
OLYMPIC PENINSULA YMCA
Wendy Bart DATE
Chief Executive Officer
EXHIBIT A ---- SEE THE NEXT PAGE
FOR YOUTH DsVELOPMENT^
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
County Administrator's Office
1OZOJefferson Street
Port Townsend, VVA98368
Re: Letter of Interest —ARPA Funding for YMCA Early Learning Center at 7 th Haven
Dear County Commissioners:
Based on the lack of available child care in our region, the Olympic Peninsula YMCA is partnering with OlyCapto
establish an Early Learning Center at 7" Haven. The YMCA will be the operator of the Early Learning Center, which will
serve 33 children between the ages of three to five years.
Parents rely on child care to help them enter, re+snter, or remain in the workforce; the lack ofavailable child care has
disproportionately impacted women's ability to return and/or stay in the workforce. Current availability of licensed child
care in Jefferson County meets the need of less than 20% of children under six whose parents are in the workforce.
According toWashington State DCYF there are only 130 licensed child care slots available for the 645 children in our
community who need it—mgap of-515 slots. In addition to supporting the workforce, early childhood education benefits
children: it increases kindergarten preparedness so children start school ready to learn; and participation in quality
early learning program lowers risk factors and improves health outcomes in adulthood. Every dollar spent on early
childhood development can yield 4ptoo$18return.
Construction ..................................................... $G33,33g.00
Soft Costs ............................................................ $59,O7l.O0
Permits/Other ...... .............................................. g10,s0000
Classroom Equipment/preOpeningCosts .......... $75ODO.00
FUNDING SOURCES:
Department ofCommerce ................................ $sz�632.0o
Cross Charitable Foundation ............................... $so,0oo.00
TOTAL............................................................. $s61�G32.O:
The current shortfall for the project is$2l6'Z78.The Early Learning Center at7mHaven will not beable toopen until all
construction, equipment, and pre -opening costs are covered. VVeare respectfully requesting $100,000fnom Jefferson
County's ARPA funds to be applied to the cost of this project.
Thank you for your consideration,
Lk)t,,,� F��~�
Wendy Bart
Chief Executive Officer
oLYMPIC PENINSULA YMCA 1 675mST " AVE, STE 3A I SEQU/M, WAs8382}�.452.9244|WWWOLYMPICIPEwINSULAYMCA.CIRG