HomeMy WebLinkAboutAmerican Legion - Shelter Lease - 061424 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:
1. 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
assign or sublet the parking space unless expressly granted written prior permission by
LANDLORD.
C. Utilities&Services.LANDLORD shall beresponsible 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, 2024,and shall end on June 30, 2025.
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. I fthe 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 abovecharges. 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,orrepairofanypartofthe 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(30)days of the date of the invoice.
A 15%late fee shall be assessed for any payment received on the 31st 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.
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 ofotherresidents
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 not to 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 to TENANT.
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 ofthe Premises
has changed at any time during the Lease Term,TENANT shall promptly provide reasonable
notice to 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 of this 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.
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.
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.
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.
& DEFAULTS.
A. Event of 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
payments specified in PAYMENTS, then LANDLORD may without notice, as permitted
by law, 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 reasonable 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. 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
Page 16 Post 26 Initials COUNTY Initials 06/14/2024 Version
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.
18 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.
2L REPRESENTATIONS. The PARTIES shall represent to each other that each PARTY has the
necessary authority to enter into the transaction contemplated by this Lease.
22 CONTINGENCIES.
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.
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C. Governing 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.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 C: 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.
(SIGNATURES APPEAR ON THE NEXT PAGE)
Page 18 Post 26 Initials COUNTY Initials jJ)
06/14/2024 Version
IN WITNESS WHEREOF: the PARTIES have caused this Lease to be executed on the day and
year as indicated in the Section Lease Term.
TENANT LANDLORD
JEFFERSON COUNTY WASHINGTON AMERICAN LEGION MARVIN G.
SHIELDS MEMORIAL POST#26
Board of County Commissioners
Jefferson County, Washington
By: By:
Kate De n, Chair Date Andrew Ranson, Commander Date
By: a f 7 ` BAYSIDE HOUSING AND SERVICES
Gre rot e on, Commissioner Date
By:
By: 3r Signature
Heidi Eisenhour, Commissioner Date
_..NN�M/II/ry••
SEAL: ��C�• `SSIp G2 Name:
_ �`c?� �1Ni4- Title:
PAL
-71 , ;,�0 Date:
ATTEST: F%i .................
6dacvet/ 04 i7/ 4
CarolyiYGallgway, CMC 6 Date
Clerk of the Board
Approved as to form only:
O_ C4,1„,44,12"--- June 17, 2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 19 Post 26 Initials COUNTY Initials 06/14/2024 Version
EXHIBIT A
Premises: :
Floor Plan of Basement of Men's
American.Legion Property. Restroom
as
0
Men's' Dorm
..
Monitor's Desk
TV Room Women's
Dorm
co
J
(2) Dining Room
Y Women's
Restroom
Page 10 Post 26 Initials COUNTY Initials 06/14/2024 Version
EXHIBIT B
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MEMORANDUM OF UNDERSTANDING BETWEEN
AMERICAN LEGION,MARVIN G. SHIELDS MEMORIAL POST#26,
JEFFERSON 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 not 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 through 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.
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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."
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
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
• 2 Sick/Special Use Beds
• 4 Set-Aside Beds for local residents (Jefferson, Clallam, Kitsap Counties)
• 4 Overflow
• 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.
Page 112 Post 26 Initials COUNTY Initials 4P 06/14/2024 Version
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.
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 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.
Page 1 13 Post 26 Initials COUNTY Initials 06/14/2024 Version
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. CONTINGENCIES
Funding Agreement Contingency. This MOU is contingent upon the execution of a
funding agreement for operation of the Shelter between TENANT and Bayside.
This MOU is contingent upon the City of Port Townsend issuing a conditional use permit
for operation of Shelter.
15. SHELTER RULES
Bayside shall adopt shelter rules for operation of the shelter. A copy of the initial shelter
rules is attached as Appendix I. Bayside may propose in writing amendments to the
shelter rules to the County and Post #26 by providing written notice at least 30 days
before any amended rule takes effect. If the county and Post #26 do not object to the
proposed amendment in writing within 30 days of submission, the amendment shall
become effective. If either the County or Post#26 timely objects to the amendment,the
parties shall attempt to come to agreement on an amendment. Failing agreement on a
proposed amendment, the amendment shall not be made.
16. DISPUTE RESOLUTION
All disputes between parties hereto should be resolved in a cooperative manner and at the point
of dispute whenever possible.
Disputes that require a higher level of review shall be submitted to designated Bayside and/or
Post#26 personnel for consideration and action.
17.ORGANIZATIONAL RESPONSIBILITIES
Jefferson County
• Exercise overall stewardship of the shelter.
• Ensure compliance with the term of the lease between Post#26 and Jefferson County.
• Include Bayside Housing & Services and American Legion Post #26 as additional
insured on insurance coverage.
• Fully fund shelter operations at a level agreed to between Bayside and Jefferson County.
Bayside Housing& Services
Coordination of Shelter operations, including:
• Recruit, hire,train and supervise paid and volunteer shelter staff
Page 114 Post 26 Initials COUNTY Initials pp 06/14/2024 Version
• Oversight of food service.
• Reporting and documentation, especially for the purposes of fulfilling funder
requirements.
• Promote shelter guest confidentiality and a safe environment for guests, staff and
volunteers.
• Coordinate minor maintenance and janitorial services as necessary.
• Ensure compliance with the terms of the Shelter Lease Agreement.
• Include American Legion Post #26 and Jefferson County as additional insured on
insurance coverage.
Post#26
• 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
(SIGNATURES APPEAR ON THE NEXT PAGE)
Page 15 Post 26 Initials COUNTY Initials_ 06/14/2024 Version
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 & 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 16 Post 26 Initials COUNTY Initials ro 06/14/2024 Version
APPENDIX 1 - SHELTER RULES
BAYSIDE
HOUSING &SERVICES
SHELTER RULES
American Legion Post#26
Hours of Shelter Operation: 4:00 p.m. to 8:00 a.m., 7-days a week, 365 days a year
By staying at the shelter and signing these rules, you agree to the following:
Hygiene For Guests
Guests are encouraged to take advantage of our showers, wash station, free toiletries, and bath
towels.
It is expected that guests will wash their hands before leaving the restrooms and before entering
the dining area for food or drink.
Guests are also asked to cover their mouths when coughing or sneezing.
The shelter operates during the cold& flu season. Colds, influenza, bronchitis, and pneumonia
can become epidemic in shelters, and even life-threatening.
It is important to minimize the chance of spreading germs, and being exposed to them.
Coughing and sneezing into one's elbow is better than coughing or sneezing into cupped hands.
(Germs are commonly spread by hand-contact with other people,and hand-contact with surfaces
and objects shared by others, such as door handles,tables, and silverware.)
Coughing and sneezing without covering up at all is unacceptable.
Frequent hand washing helps prevent spread of disease to others. It is also a good way to keep
from catching colds, flu, and other diseases ourselves.
Guests are provided beds or cots for their sleeping comfort, along with blankets, pillow, clean
top-and-bottom sheets, and a pillowcase.
Exchange of bedding is also offered, and necessary in order to help keep guests and staff free
from disease. Please take advantage of this service.
Shelter hosts or other staff and volunteers are available to assist guests and to answer questions
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about hygiene and other concerns.
Respecting the health and welfare ofyour fellow shelter guests, staff and volunteers is important
to making the shelter community a safe place for all. Repeated failure to follow these
recommended hygiene practices may result in guests losing shelter privileges or being asked to
leave.
Summary:
• Shower every day or every other day, if possible
• Wash hands frequently with soap and water
• Wash hands before leaving the restroom
• Wash hands before entering the dining area
• Cough and sneeze into your elbow
Rules of Conduct
1. This shelter uses a priority system. If the space is at maximum capacity and
decisions need to be made regarding priority service, guests will be given bed space based on
the following priority status:
a. Veterans
b. Senior status (62 and over)
c. Domestic Violence individuals
d. Working Homeless
e. Exceptional Need
2. You must arrive at the shelter between 4:00 p.m. and 9:00 p.m. The capacity of
this shelter will be 26, and beds will be given on a first come basis each night, except when
priority decisions must be made when reaching maximum capacity (see#1 above).
3. An evening meal will be served at a specified time each night posted on the door.
If you arrive at the shelter after the specified time, you will have missed the evening meal.
4. This is a CLEAN and SOBER facility. You must arrive and remain in a clean and
sober state for your time in the shelter. In the event this rule is violated,you must provide proof
you are in a detox program and attending before you may return.
5. This is a limited-service shelter that includes night-by-night shelter, hygiene
opportunities and meals.
Pagel 18 Post 26 Initials COUNTY Initials___f' 06/14/2024 Version
6. We have zero tolerance for alcohol, drugs, weapons, threats, or pornography.
Shelter guests found with these items will be asked to leave the shelter.
7. If you choose to leave the property, you will have made the choice to leave for
the evening and will be treated as a new walk-up if you return.
8. Smoking only is permitted in the designated area.
9. You are limited to one bag of personal items.
10. You are not allowed outside of designated areas. The kitchen, opposite gender
bathrooms, opposite gender dorms, and storage rooms are not available to clients
11. Housekeeping responsibilities are assigned on a volunteer basis first and then
random selection. All guests should consider this part of the agreement in trade for shelter.
12. Do not interfere with another person's belongings. Their area, like yours, is
private.
13. This shelter is not a permanent residence. Many circumstances can cause the
closing of the shelter.
14. During your time in the shelter, you are not allowed on the upper floors of the
American Legion Post#26. This means if you are signed in at the shelter and you are found in
the upper floors of Post#26, you will be asked to leave the shelter for the night.
15. The shelter hosts are here to protect the people staying at the shelter. Failure to
comply with their instructions will mean the denial of shelter service for the night. The ability to
return to the shelter on subsequent nights will be discussed and determined by the shelter leadership
team.
16. You must give Bayside staff correct and true information upon entering the shelter.
Lying on your intake will result in denial of service.
By Signing these rules,you agree to follow them and understand that failure to do so can
result in denial of service.
Print Guest Name: Host Name:
Sign Guest Name: Date Signed:
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Exhibit C:
City of Port Townsend Conditional Use Permit
TO BE ADDED WHEN ISSUED BY THE CITY OF PORT TOWNSEND
Page 20 Post 26 Initials COUNTY Initials ICA° 06/14/2024 Version
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 about 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 County are making good progress toward a funding agreement. Bayside stepped up at the 11 th
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 approving 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.
RECOMMENDATION:
Approve the attached lease and MOU.
REVIEW
Mark cCauley, County A ministr or Date
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CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: American Legion, Marvin G.Shields Memorial Post 26 Contract No: Shelter Lease
Contract For: Landlord/Tenant Agreement Term: July 1, 2024-June 30, 2025
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: x 130
Contact email: mmccauley@co.jefferson.wa us
AMOUNT: PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: percent of monthly billing Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# _ RFP or RFQ
Munis Org/Obj I Other:
APPROVAL STEPS: ,
STEP 1: DEPARTMENT CERTIFIES CO LIANCVIT J .55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: El N/A:t l '' ; 7/
-' •?LI'
ture Date
STEP 2: DEPARTMENT CERTIFIES T PERSON OPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN D RRED Y ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A: El 19 .15 '?if'
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/18/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/19/2024.
Negotiated with PAO assistance. PAO already approved as to 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
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