HomeMy WebLinkAboutEmergency Shelter lease docs JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO: Board of County Commissioners
FROM: Greg Brotherton, County Commissioner
DATE: June 14,2024
SUBJECT: Contracts for Leasing the American Legion Shelter
STATEMENT OF ISSUE:
The County has been working with the Marvin G. Shields Post#26 of the American Legion(Post#26) on an
arrangement to for a lease and operation of the homeless shelter. The current lease with OlyCAP is set to
expire on June 30, 2024. Concurrently, the County has been working with Bayside on agreement to have it
operate the shelter. Post#26, the County and Bayside have come to terms on a lease and a memorandum of
understanding aboui how the shelter should be operated (MOU).
The lease and MOU would be effective when two contingencies are satisfied: (1) A funding agreement
between the County, and Bayside is executed; and, (2) A conditional use permit is issued by the City of Port
Townsend. The conditional use permit cannot be issued by the City, until the lease and MOU are in place.
Bayside and the Coun are making good progress toward a fundin agreement. Bayside stepped u at the 11 th
Y tY g g p g g g Y PP P
hour to agree in principal to operate the shelter. But neither it nor the County can finalize a funding agreement
until the details of operation are finalized in the MOU.
ANALYSIS:
The County appro ling and executing the lease and the MOU is the next step in the process. Bayside
and Post#26 will be up next. Assuming approval and execution of the lease and the MOU by Post#26,
and assuming approval and execution of the MOU by Bayside, will enable the County and Bayside to
begin final negotiations on the funding agreement.
FISCAL IMPACT:
The fiscal impact of entering into the lease and MOU cannot be determined until there is a final funding
agreement with Bayside. A detailed fiscal analysis of the cost of the funding agreement will be presented in
any agenda request'seeking approval of the funding agreement.
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RECOMMENDATION:
Approve the attached lease and MOU.
REVIE
Mark McCauley, County A ministr or Date
•
K
AMERICAN LEGION,MARVIN G. SHIELDS MEMORIAL POST 26
LEASE AGREEMENT
This Lease Agreement(Lease) is entered by and between,the American Legion,Marvin G. Shields
Memorial Post.26 (LANDLORD) and Jefferson County, Washington (TENANT). LANDLORD and
TENANT collectively are referred to as the"PARTIES."
The PARTIES agree as follows:
L PREMISES.
A. Premises.LANDLORD hereby leases part ofthe property located at:209 Monroe St.,
Port Townsend, Jefferson County, Washington to TENANT shown on Exhibit A.
B. Parking. TENANT shall be entitled to use two (2) parking space(s) for the parking of
TENANT's motor vehicle(s). The parking space(s)shall be used exclusively for the parking
of passenger vehicles and is not to be used for washing,painting, or servicing of vehicles.
TENANT's vehicle shall occupy the parking space(s) entirely, at the risk of TENANT. If
TENANT should not require parking accommodation for any reason, TENANT shall not
assignor sublet the parking space unless expressly granted written prior permission by
LANDLORD.
C. Utilities&Services.LANDLORD shall be responsible for paying the following utilities
and services: trash.and recycle removal,water and sewage,pest control,and propane
service.
2. LEASE TERM. The lease shall start on July 1, 2023,and shall end on June 30,2024.
3. PAYMENTS.
A. For utilities or services listed in PREMISES, subparagraph'C, TENANT shall
reimburse LANDLORD according to the following schedule.
1. Water and sewer- 75% of each month'sbilling;
2. Garbage and recycle- 75%of each month's billing;
3. Propane - 80% of each month's billing; and,
4. Pest Control - 50% of each month's billing.
B. If the Shelter is not occupied for a period greater than 30 days,TENANT shall not be
assessed utilities charges.
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C. LANDLORD shall invoice TENANT for the above charges. TENANT shall pay such charges
within Thirty (30) days of the date on the invoice. A 15%late fee shall be assessed for any
payment received on the 31 st day or later. .
D. TENANT shall pay a monthly rent of$1,750.00 due on or before the 15th of each month. A
15% late fee shall be assessed for rent payments received after the due date. The building
fire suppression system protects both.LANDLORD and TENANT. Any costs or fees
associated with maintenance,certification,monitoring,orrepair ofany part ofthe system shall
be shared equally between the LANDLORD and TENANT. The LANDLORD and
TENANT shall provide an invoice as appropriate for timely reimbursement of fees or costs.
Payment for such fees or costs shall be due within Thirty(3 0)days of the date of the invoice.
A 15%late fee shall be assessed for any payment received on the 31 st day or later.
4. USE.
A. Permitted Use.TENANT shall occupy and use the Premises consistent with the terms of any
use permits issued by the City of Port Townsend to TENANT. If there is any change to the
use of the Premises,TENANT must first obtain the LANDLORD's written consent.
B. Prohibited Use. Notwithstanding anything to the contrary, TENANT is not to use the
Premises for any illegal purposes, nor shall TENANT use the Premises for the storing,
manufacture, selling or distribution of any dangerous, noxious, or hazardous substance.
Furthermore,TENANT is also prohibited from violating the terms of any permit, house
rules for residents, or the Memorandum of Understanding (MOU) between all of the
PARTIES in the event of any conflict between any ofthose documents this lease agreement
shall have priority. In the event of any violation, LANDLORD may terminate this lease
agreement. The intended use is for single adults 18 years or older and legally emancipated
minors.
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C. Noise TENANT shall not cause or allow any unreasonably loud noise or activity on
the Premises that might disturb the rights,comforts and conveniences ofother residents
or neighbors.
D. Signage.TENANT is permitted to install and display signage that is permitted by the City of
Port Townsend subject to LANDLORD's approval which shall not be unreasonably .
withheld.
E. Building Rules&Regulations.LANDLORD may adoptreasonable building rules,which
shall become part of this Lease.
5. ALTERATION, DAMAGE &REPAIR.
A. Alterations and Improvements.TENANT agrees notto make any improvements or alterations
to the Premises without the prior written consent of LANDLORD. If any alterations,
improvements,or changes are made to or built on or around the Premises,except for fixtures
and personal property that can be removed without damage to.the Premises, they shall
become the property of LANDLORD and shall remain at the,expiration of the Lease,
unless otherwise agreed to in writing.
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B. Damage to the Premises. If the Premises or any part of the Premises are damaged or
destroyed by fire or other casualty not due to TENANT's negligence, the Rent shall be
abated during the time that the Premises are rendered unfit for occupancy. If the
Premises are rendered partially unfit because of damage or destruction not due to
TENANT's Negligence;the Rent shall be abated in proportion to the percentage of the
Premises that are and remain unfit for occupancy. If LANDLORD decides not to repair or
rebuild the Premises,then this Lease shall terminate,and the Rent shall be prorated up to
the time ofthe damage.Any unearned rent paid in advance shall be refunded toTENANT.
C. Condition of Premises. TENANT has inspected the Premises, the fixtures, the grounds,
building and improvements and acknowledge that the Premises are in good and acceptable
condition and are fit for occupancy. If in TENANT's opinion,the condition of the Premises
has changed at any time during the Lease Term,TENANT shall promptly provide reasonable
notice4o LANDLORD.
D. Maintenance and Repair.TENANT shall,at TENANT's sole expense,keep and maintain
the Premises in good,clean,and sanitary condition and repair during the term ofthis Lease
and any renewal thereof. TENANT shall be responsible for, making all repairs to the
Premises, including walls, floor, ceiling, glass, windows, heating system, electrical systems,
plumbing, and wiring that was installed by TENANT.Damage caused by persons residing
in the shelter shall be the sole responsibility of TENANT to repair or replace. TENANT
shall promptly notify LANDLORD of any damage, defect or destruction ofthe premise,
or in the event ofthe failure ofany ofthe furnace and water heaters.
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6. SECURITY, INSURANCE &INDEMNIFICATION.
A. Security. TENANT understands that LANDLORD does not provide a security alarm
system or other security for TENANT or the Premises. TENANT releases LANDLORD
from any loss, damage, claim, or injury resulting from the failure of any alarm system,
security or from the lack of any alarm system or security.
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B. Insurance. LANDLORD and TENANT shall each be responsible for maintaining
appropriate insurance for their own respective interests in the Premises and property
located on the Premises. TENANT understands that LANDLORD shall not provide any
insurance coverage for TENANT's property. LANDLORD shall not be responsible for
any loss of TENANT's property, whether by theft, fire, riots, strikes, acts of God or
otherwise. It is agreed by the PARTIES that insurers shall have no right of recovery or
subrogation against any other PARTY(including its agents,elected officials, employees,
officers, and volunteers, and their marital communities, it being the intention of the
parties that their own coverage, so affected shall protect them and shall be primary
coverage for any and all losses covered by the above described insurance.
Notwithstanding anything related to the foregoing, TENANT shall, at its own expense,
maintain comprehensive general liability coverage with respect to its activities at the
Premises. TENANT is a member of the Washington Counties Risk Pool, a joint self-
Insurance program authorized by RCW 48.62.034. LANDLORD agrees that coverage
provided by the Washington Counties Risk Pool in at least the amounts above satisfies
any requirements of this Section 6.B.
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C. Indemnification.To the extent permitted by law,TENANT hereby indemnifies and holds
LANDLORD and LANDLORD's property, including the Premises, free and harmless
from any liability for losses, claims, injury to or death of any person, including
TENANT, or for damage to property arising from TENANT using and occupying the
Premises or from the acts or omissions of any person or persons, including TENANT, in
or about the Premises with TENANT's express or implied consent, except where such
loss, claim or injury is due to LANDLORD's act or negligence.
D. Acknowledgement of LANDLORD's Operations. TENANT acknowledges Landlords'
operations. LANDLORD operates a club daily and holds various functions, featuring
music. TENANT are aware of and accept the resulting noise and activity from such
activities.
7. POSSESSION & INSPECTION.
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A. Possession and Surrender of Premises. TENANT shall be entitled to possession of the
Premises on the first day of the Lease Term. At the expiration of the Lease Term,
TENANT shall peaceably surrender the Premises to LANDLORD or LANDLORD's
agent in as good of condition as it was at the commencement of the Lease, reasonable
wear and tear excepted.
B. Quiet Enjoyment. TENANT shall be entitled to quiet enjoyment of the Premises, and
LANDLORD shall not interfere with that right if TENANT performs all obligations
under this Lease.
C. Right of Inspections. TENANT agrees to make the Premises available to LANDLORD or
LANDLORD's agent(s) to inspect, to make repairs or improvements, to supply agreed
services, to show the Premises to prospective buyers or tenants, or to address an
emergency. Except in an emergency,LANDLORD shall give TENANT reasonable notice
of intent to enter. For these purposes, twenty-four (24) hour notice shall be deemed
reasonable. TENANT shall not, without LANDLORD's prior written consent, add, alter,
or rekey any locks to the Premises. At all times LANDLORD shall be provided with a key
or keys capable of unlocking all such locks and permitting entry. TENANT further agrees
to notify LANDLORD in writing if TENANT installs any burglar alarm system,including
instructions on how to disarm it in case of emergency entry.
8, DEFAU ITS.
A. Eventlof Default. If TENANT fails to fulfill or obey any of the covenants of this Lease,
TENANT shall be in default of this Lease ("Event of Default"). During any Event of
Default, subject to any statute, ordinance or law to the contrary, and upon LANDLORD
serving a written seven (7) days' notice upon TENANT specifying the nature of said
default and upon the expiration of said seven (7) days, if TENANT does not cure the
default of which he has been notified, or if the default cannot be completely cured or
remedied in seven days,LANDLORD may at LANDLORD's option: (i)cure such default
and add the cost of such cure to TENANT's financial obligations under the Lease; or (ii)
declare TENANT in default and terminate the Lease.
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B. Physical Remedies. If the notice provided for in paragraph A of this Section has been
given, and the term shall expire as noted, or if TENANT shall make default in the
payme is specified in PAYMENTS, then LANDLORD may without notice, as permitted
by la re- enter the Premises either by force or otherwise, dispossess TENANT by
summary proceedings or otherwise, and retake possession of the Premises. TENANT
hereby waives the service of notice of intention to re-enter or;institute legal proceedings
to that end.
C. Financial Remedies. In the event of any default, re-entry, expiration and/or
dispossession by summary proceedings or otherwise, (i)the payments shall become due
thereupon and be paid up to the time of such re-entry, dispossession or expiration,
together with such expenses LANDLORD may incur for legal expenses,attorneys' fees,
brokerage, and/or putting the Premises in good order; (ii) LANDLORD may re-let the
Premises or any part or parts thereof; or (iii) TENANT shall also pay LANDLORD
liquidated damages for his failure to observe and perform the covenants in this Lease.
9. ASSIGNMENT & SUBORDINATION.
A. Assignment by TENANT. TENANT shall not assign or sublet any interest in this Lease
without prior written consent of the LANDLORD,which consent shall not be unreasonably
withheld. Any assignment or sublease without LANDLORD's written prior consent shall,
at LANDLORD's option, terminate this Lease.
B. Assignment by LANDLORD. Nothing in this Lease shall restrict the LANDLORD's
ability to sell,assign,convey or otherwise encumber the Premises,subject only to the rights
of the TENANT under this Lease.
C. Subordination. This lease is and shall be subordinate in all respects to all mortgages now
or hereafter placed on the Premises,and all extensions,renewals,or modifications thereof.
TENANT agrees to promptly execute any instruments of subordination as may be
requested.
10. EMINENT DOMAIN AND EXPROPRIATION.
A. If during the term of this Lease,title is taken to the whole or any part of the Premises by any
competent authority under the power of eminent domain or by; expropriation, which taking,
in the treasonable opinion of any of the PARTIES, does not leave a sufficient remainder to
constitute an economically viable building,any of the PARTIES may at its option,terminate
this Lease on the-date possession is taken by or on behalf of such authority.
B. Upon such taking, TENANT shall immediately deliver up possession of the Premises.
C. In the event of any such taking,TENANT shall have no claim upon the County for the value
of its property or the unexpired portion of the term of this Lease, but the parties shall each
be entitled to separately advance their claims for compensation for the loss of their
respective interests and to receive and retain such compensation as may be awarded to each
respectively.
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D. If an award of compensation made to the County specifically includes an award for
TENANT, the County shall account for that award to TENANT and vice versa.
11. CONDEMNATION.
A. A condemnation of the TENANT improvements or any portion of the Premises shall result
in termination of this Lease.
B. LANDLORD shall receive the total of any consequential damages awarded because of the
condemnation proceedings.
C. In the;event of any such condemnation, TENANT shall have no claim upon LANDLORD
for the value of its property or the unexpired portion of the term of this Lease, but the
PARTIES shall each be entitled to separately advance their claims for compensation for the
loss of their respective interests and to receive and retain such compensation as may be
awarded to each respectively.
D. If an award of compensation made to LANDLORD specifically includes an award for
TENANT, the County shall account for that award to TENANT and vice versa.
12 FORCE MAJEURE. If the LANDLORD or TENANT will be.unable to fulfill, or shall be
delayed or prevented from the fulfillment of,any obligation in this Lease by reason of municipal
delays in providing necessary approvals or permits, the other PARTY's delay in providing
approvals as required in this Lease, strikes, labor troubles, third-party lockouts, inability to
procure materials or services, power failure, restrictive governmental laws or regulations, fire,
flood, earthquake, lightning, storm, acts of God or our country's enemies, riots, insurrection,
sabotage,(rebellion, war or other reasons of like nature beyond the reasonable control of the
PARTY delayed or prevented from fulfilling any obligation in this Lease (excepting any delay
or prevention from such fulfillment caused by a lack of funds or other financial reasons) and
provided that such PARTY uses all reasonable diligence to overcome such unavoidable delay,
then the time period for performance of such an obligation will -be extended for a period
equivalent to the duration of such unavoidable delay.
13. TAXES. LANDLORD shall pay, prior to delinquency, all general real estate taxes and
installments of special assessments coming due during the Lease term on the Property, and all
personal 'property taxes with respect to LANDLORD's personal property, if any, on the
Premises.j TENANT shall be responsible for paying all personal property taxes with respect to
TENANT's personal property at the Premises. TENANT is a governmental entity that does not
pay taxes
14. PERFORMANCE UPON DEFAULT. If either PARTY fails to observe,perform or keep any
of the provisions of this Lease to be observed, performed or kept by it and such failure is not
rectified within the time limits specified in this Lease, the other PARTY may, but shall not be
obliged to, at its discretion and without prejudice, rectify the default of that PARTY. Each
PARTY shall have the right to enter this Premises for the purpose of correcting or remedying
any default of the other PARTY and to remain until the default has been corrected or remedied;
however,!any expenditure by such PARTY incurred in any correction of a default of the other
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PARTY will not be deemed to waive or release such default or the PARTY's right to take any
action as may be otherwise permissible under this Lease in the case of any default.
15. CONDITION PRECEDENT TO EFFECTIVENESS OF THIS LEASE. This Lease is
contingent upon written approval by the Jefferson County Board of Commissioners.
16. JURISDICTION AND VENUE. Should any of the PARTIES bring any legal action, each
PARTY in such action shall bear the cost of its own attorney's fees and court costs. The venue
for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
17. BINDING ON SUCCESSORS AND ASSIGNS. The covenants and agreements of this Lease
shall be binding upon the heirs, executors, administrators, successors and assigns of all of the
PARTIES!
1& MATERIAL TERMS. For the avoidance of doubt, all terms, conditions, and representations
of this Lease are material terms.
19 TIME IS OF THE ESSENCE. Time is of the essence in this Lease.
20. AMENDMENT OF THIS LEASE. Any amendment or modification of this Lease or
additional obligation assumed by any of the PARTIES to this Lease in connection with this
Lease shall only be binding if evidenced in writing signed by each PARTY or an authorized
representative of each PARTY.
21. REPRESENTATIONS. The PARTIES shall represent to each other that each PARTY has the
necessary iauthority to enter into the transaction contemplated by this Lease.
22. CONTINGENCIES.
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A. Funding Agreement Contingency. This Lease is contingent upon the execution of a
-funding agreement for operation of the Shelter between TENANT and a third-party shelter
operator.
B. This Lease is contingent upon the City of Port Townsend issuing a conditional use permit
for operation of Shelter.
23. MISCELLANEOUS.
A. Severability. If any part or parts of this Lease shall be held unenforceable for any reason,
the remainder of this Lease shall continue in full force and effect. If any provision of this
Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if
limiting such provision would make the provision valid, then such provision shall be
deemed to be construed as so limited.
B. Binding Effect. The covenants and conditions contained in the Lease shall apply to and
bind the PARTIES and the heirs,legal representatives, successors, and permitted assigns
of the PARTIES.Page 1 7 Post 26 Initials COUNTY Initials 06/14/2024 Version
C. Gove7iing Law. This Lease shall be governed by and construed in accordance with the
laws of the State of Washington.
D. Entire Agreement. This Lease constitutes the entire agreement between the PARTIES and
supersedes any prior understanding or representation of any kind preceding the date of
this Lease. There are no other promises, conditions, understandings, or other agreements,
whether oral or written, relating to the subject matter of this Lease. This Lease may be
modified in writing and must be signed by both LANDLORD'and TENANT.
E. Notice. Any notice required or otherwise given pursuant to this Lease shall be in writing
and mailed certified return receipt requested, postage prepaid, or delivered by overnight
delivery service, if to TENANT, at c/o County Administrator, P.O. Box 1220, Port
Townsend, WA 98368 and if to LANDLORD, at 209 Monroe St. Port Townsend, WA.
98368 i Either PARTY may change such addresses from time to time by providing written
notice as set forth above.
F. Waiver. The failure of either PARTY to enforce any provisions of this Lease shall not
be deemed a waiver or limitation of that PARTY's right to subsequently enforce and
compel strict compliance with every provision of this Lease. The acceptance of
payments by LANDLORD does not waive LANDLORD's right to enforce any
provisions of this Lease.
24, ADDITIONAL TERMS AND CONDITIONS.
The PARTIES agree to the following additional terms contained in the exhibits listed below:
Exhibit�B: Memorandum of Understanding; and,
Exhibit IC: City of Port Townsend Conditional Use Permit
Termination shall be in writing and effective when TENANT sends notice to
LANDLORD This lease is not renegotiable at its expiration.
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(SIGNATURES APPEAR ON THE NEXT PAGE)
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IN WITNESS WHEREOF: the PARTIES have caused this Lease to be executed on the day and
year as indica-.ed in the Section Lease Term.
TENANT LANDLORD
JEFFERSO COUNTY WASHINGTON AMERICAN LEGION MARVIN G.
SHIELDS MEMORIAL POST#26
Board of Cot nty Commissioners
Jefferson County, Washington
By: By:
Kate Dean, Chair Date Andrew Ranson, Commander Date
By: BAYSIDE HOUSING AND SERVICES
Greg Brotherton, Commissioner Date
By:
By: Signature
Heidi Eisenhour, Commissioner Date
SEAL: Name:
Title:
Date:
ATTEST:
Carolyn Galloway, CMC Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 9 Post 26 Initials COUNTY Initials 06/14/2024 Version
EXHIBIT A
Premises:
Floor Plan of Basement of _
.. .. . .. .: .. . ..Ameriican.Legion:Property..; .. . .. .. . .. : .. . .. ..
' toy
i�
1�
. . .. .. . .. .. .. . .. ..
Monitors :F
1
.. . .. .. . .. . .. . .. .. . .. .. .. . .. ..
Dorm
- . . .. .. . .. .: . . .. .. . ... .: .. . .. .. . .. .: .. . .. ..
' Dining Room
Wowns
e ion
Page 10 Post 26 Initials COUNTY Initials
06/14/2024 Version
EXMBIT B
MEMORANDUM OF UNDERSTANDING BETWEEN
AMERICAN LEGION,MARVIN G. SHIELDS MEMORIAL POST#26,
JiEFFERSON COUNTY AND BAYSIDE HOUSING AND SERVICES
1. PURPOSE
This Memorandum of Understanding (MOU) provides an operational framework between the
Port Townsend American Legion Marvin G. Shields Memorial Post#26 ("Post #26"), Bayside
Housing and Services (UBI No: 603 435 297, "Bayside") and Jefferson County that shall
support operations of a shelter for homeless persons.
Post #26, as landlord and Jefferson County, as lessee, agree to allow Bayside to operate a
homeless shelter at 209 A, Monroe Street, Port Townsend, Washington.
Bayside agrees to assume operational responsibility of a shelter for homeless persons at the
aforementioned address. Jefferson County agrees to provide overall stewardship of the shelter
to include:
• Abiding by the terms of the lease to be entered into between Post#26 and Jefferson
County
• Ensuring that Bayside operates the shelter in accordance with this MOU
• Funding shelter operations pursuant to ,a budget agreed upon by Bayside and
Jefferson County
This MOU is Et a lease agreement. This MOU is subordinate to terms and conditions of the
lease agreement between Post 26 and Jefferson County for property located at 209 A, Monroe
Street, Port Townsend, WA.
2. TERM OF MOU
July 1, 2024 tough July 1, 2025, unless terminated sooner by mutual agreement.
3. RESIDENT ELIGIBILITY
Shelter services shall be exclusive to persons 18 years of age and older who are living in places
commonly considered unsafe and/or not meant for human habitation. All shelter residents must
be a United States military veteran, a vulnerable adult, a cognitively and/or physically disabled
person, or age,65 and older, and/or a victim of violent crime - domestic violence.
All guests must meet the definition of homeless in RCW 43.185C.010(12), "Homeless person"
means an individual living outside or in a building not meant for human habitation or which
they have no legal right to occupy, in an emergency shelter, or in a temporary housing program
which may include a transitional and supportive housing program if habitation time limits. This
definition includes substance abusers, people with mental illness, and sex offenders who are
homeless."
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Page 111 Post 26 Initials COUNTY Initials 06/14/2024 Version
Known convicted sex offenders shall be prohibited as guests at the Shelter.
Priority Shelter placement shall be provided to:
• United States Military Veterans
• Physically Disabled Persons
• Person's age of 65 or older
• Victims of domestic violence
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Persons under, the age of 18 shall be excluded from Shelter property during all hours of
operation. It is Bayside's sole responsibility to screen, admit, or deny occupancy to persons
seeking shelter.
4. CAPACITY
• 22 Unrestricted Beds
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• 2 Sick/Special Use Beds
• 4 Set-Aside Beds for local residents (Jefferson, Clallam, Kitsap Counties)
• 4 Overflow
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• 32 Maximum occupancy
Decisions regarding exceeding occupancy standards during extreme weather or natural disaster
are the sole responsibility of Bayside. Under no circumstances shall occupancy exceed that
allowed under)the Building Code (48 persons).
5. STAFFING
• Bayside shall provide paid staffing for all periods of Shelter operation.
• The Shelter shall be attended during all periods of residential occupancy.
• A volunteer advisory board shall be established to make recommendations on operations
and shall include, at minimum, one representative each from the County, Post #26 and
Bayside. The County shall staff the formation of the advisory board.
6. SCHEDULE
The Shelter shall be operated year-round. The Shelter hours of operation shall be established
annually by consensus of all parties to this MOU. The Shelter, upon occasion, may be used
during non-residential hours as a social service access site, such as a warming center.
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Page 112 Post 26 Initials COUNTY Initials 06/14/2024 Version
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7. MEAL SERVICE
Food service will be provided for at least one meal per day.
8. PARKING
No guest parking shall be permitted on Post#26 property.
Paid and volunteer staff may utilize Post#26 property for parking of no more than two vehicles.
9. MEDIA
Media contact regarding the Shelter operations shall be limited to designated the County,
Bayside and/or Post#26 personnel.
10.NO ILLEGAL DISCRIMINATION.
The County, Bayside and Post#26 shall not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex, sexual orientation, or any physical or sensory disability in
violation of federal or Washington law.
11.OPERATIONAL MODEL
The Shelter 11 will utilize a "Clean and Sober" operational model. Bayside shall develop best
management practices for the model and shall train staff and volunteers on the best management
practices.
12. PERMITTING AND LICENSING
Bayside shall secure all necessary permits and licensing associated with Shelter operations.
13.TERMINATION OF SERVICE
Bayside solely reserves the right to refuse shelter services.
Any shelter guest may be refused shelter access and/or required to leave the Shelter and
associated property upon demand.
Only the Bayside, or designee, may refuse or terminate shelter services.
Bayside shall develop a grievance policy that shall be made available to all guests.
Shelter Management shall notify, in a timely manner, Post #26's designated personnel of
adverse guest! actions and other conditions/situations that may affect Post #26 operations,
facilities, or business operations.
14.DISPUTE RESOLUTION
All disputes between parties hereto should be resolved in a cooperative manner and at the point
of dispute whenever possible.
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Disputes that �equire a higher level of review shall be submitted to. designated Bayside and/or
Post#26 personnel for consideration and action.
15.ORGANIZ TIONAL RESPONSIBILITIES
Jefferson County
• Exercise overall stewardship of the shelter.
• Ensure compliance with the term of the lease between Post #26 and Jefferson
County.
• Fully fund shelter operations at a level agreed to between Bayside and Jefferson
County.
Bayside
• Coordination of Shelter operations
• Volunteer recruitment
• Volunteer management, including training, certification and supervision
• Volunteer assignment/hours
• Oversight of food preparation
• Facilitate monthly advisory board meetings
• Preparation of demographic and other necessary reports
• `Secure necessary permits and certifications
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• Outreach material development and distribution
• Administration of cash and in-kind donations
• Insure safe operational standards are being observed at all times
• Promote residential confidentiality
• Recruit, hire, train and supervise paid Shelter staff
• Maintain all records and .required documentation associated with Shelter
!operations
• Support guest's right to confidentiality
• Insure operational integrity of the Shelter program
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• Insure safe operational standards are being observed
• Enforce Shelter Rules (below)
• Insure a safe environment for residents, staff, volunteers and guests is maintained
at all times
• Complete minor maintenance and janitorial services as necessary
• Insure compliance with the terms of the Shelter Lease Agreement
• Post#26 and Jefferson County shall be included as additional insured to Bayside
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nsurance coverage
Post 2 '
• Responsible for items enumerated in the Lease agreement
• Manage property in a manner that provides safe and sanitary conditions
• Notify Shelter staff regarding use matters, including advance notice of events that
may temporarily interrupt the quiet enjoyment of the Shelter
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(SIGNATURES APPEAR ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON AMERICAN LEGION MARVIN G.
SHIELDS MEMORIAL POST #26
Board of County Commissioners
Jefferson County, Washington
By: By:
Kate Dean, Chair Date Andrew Ranson, Commander Date
By: BAYSIDE HOUSING AND SERVICES
Greg Brotherton, Commissioner Date
By:
By: Signature
Heidi EiseAour, Commissioner Date
SEAL: Name:
Title:
Date:
ATTEST:
Carolyn Galloway, CMC Date
Clerk of the Board
Approved as Ito form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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SHELTER RULES
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Exhibit C:
City of Port Townsend Conditional Use Permit
TO BE ADDED WHEN ISSUED BY THE CITY OF PORT TOWNSEND
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