Approve financial contribution agreement with Lewis County Seniors organization BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO 20-054
APPROVING A FINANCIAL CONTRIBUTION
AGREEMENT BETWEEN LEWIS COUNTY AND LEWIS
COUNTY SENIORS ORGANIZATION FOR SENIOR
NUTRITION PROGRAM SUPPORT DURING CALENDAR-
YEAR 2020
WHEREAS, Lewis County ceased to manage Senior Services Programs in Lewis County,
including the Senior Nutrition and Senior Enrichment programs, on December 31, 2017;
and
WHEREAS, Lewis County Seniors, a non-profit 501(c)3 organization, assumed sole
responsibility and control of the financial and operational management of the Senior
Services Programs in Lewis County effective January 1, 2018; and
WHEREAS, Lewis County agrees to provide an initial $50,000 one-time cash grant to
Lewis County Seniors to be used solely to support Senior Nutrition services delivered in
Lewis County during calendar-year 2020, and
WHEREAS, Lewis County further agrees to provide additional sums not to exceed a
total of $50,000 to Lewis County Seniors to deliver Senior Nutrition services in Lewis
County during calendar-year 2020, as outlined in the attached agreement; and
WHEREAS, it is in the best public interest to approve this one-year agreement
authorizing financial support during calendar-year 2020
NOW THEREFORE BE IT RESOLVED that the agreement identifying the terms of the
County's financial contribution to Lewis County Seniors is hereby approved
DONE IN OPEN SESSION this 10th day of February, 2020
APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By' Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
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`;�°ROOF �s, Edna J . Fund
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',G;Edna J Fund, Vice Chair
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Rieva Lester '•:S �o" `s;c' Robert C. Jackson
Rieva Lester, Robert C Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
FINANCIAL CONTRIBUTION AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of February, 2020 by and between Lewis
County, a political subdivision of the State of Washington, 351 NW North St, Chehalis, WA hereinafter referred
to as "COUNTY" and the Lewis County Seniors,a non-profit 501(c)3 corporation,hereinafter referred to as "L C
SENIORS" (the COUNTY and L.C. SENIORS are referred to collectively as the"Parties")
Summary
The COUNTY ceased managing the Senior Services Programs on December 31,2017,whereupon L C SENIORS
assumed sole responsibility and control of the financial and operational management of the Senior Services
Programs in Lewis County effective January 1,2018.
Background
Effective January 1, 2018, L C SENIORS contracted with the Lewis-Mason-Thurston Area Agency on Aging to
provide the Senior Nutrition services in Lewis County.
Lewis County maintains ownership of the five senior center buildings(Twin Cities,Toledo,Wmlock,Morton,and
Packwood) where L.C. SENIORS currently provide senior services. The COUNTY has entered into a lease
agreement with L C SENIORS, dated November 20, 2017 The LC Seniors contribute five dollars a year for the
use of the facilities
This agreement addresses the terms and conditions governing the grant made by the COUNTY to L C SENIORS
for calendar year 2020.The grant proceeds may only be used to support the Senior Nutrition Program to the extent
they benefit the poor and infirm.
COUNTY agrees to:
1) Contnbute sum in the amount of$50,000 no later than February 28, 2020 to support the Semor Nutrition
Program to the extent they benefit the poor and infirm
2) Contribute an additional $50,000 to the L C SENIORS no earlier than June 1, 2020, to be used by L C
SENIORS solely to support the Semor Nutrition Program services delivered by L C SENIORS during the
2020 calendar year. Funding will be released when an official request to the BOCC has been received and
the following documents and financial information have been provided.
a Financial statements for 2019 of the Lewis County Seniors, including nutrition and enrichment
programs The final approved budget for 2020 for the nutntion and enrichment programs as
provided in the past
L.C.SENIORS agree to:
1) Continue to have full responsibility for the fmancial and operational management of the Lewis County
Senior Services Programs in accordance with state and federal law.
2) Execute all agreements, memoranda, contracts, or any other legal obligations with the Lewis-Mason-
Thurston Area Agency on Aging and all other entities as necessary to facilitate delivery of the Senior
Services Nutrition Programs in Lewis County.
3) Provide current and complete financial statements for the L C SENIORS (and supportmg documentation
as requested)nutrition and enrichment programs,as provided in the past at the quarterly meetings with the
COUNTY Commissioners
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The Parties agree the grant contnbution from the COUNTY to L.0 SENIORS is for the calendar year 2020 only
Lewis County makes no representations of future contnbutions.
I. Term
The term of this Agreement shall commence on the 1st day of January 2020, and end on the 31st day of December
2020,unless terminated sooner pursuant to the provisions of this Agreement(hereinafter"the Term") COUNTY
may terminate this Agreement with or without cause at any time by giving wntten notice to L C SENIORS at least
ninety(90)days before the effective date of termination This Agreement may be terminated without cause by L C
SENIORS at any time with thirty(30)days'advance wntten notice
II. Recapture Provision
If L C SENIORS fails to comply with any of the terms and conditions of this Agreement, fails to expend funds
under this Agreement on the Semor Nutntion Program,or fails to expend funds under this Agreement in accordance
with state and federal law,L.C. SENIORS shall repay the COUNTY'S $100,000.00 grant funds to the COUNTY
The COUNTY shall be entitled to demand recapture and repayment of such misspent COUNTY grant funds
pursuant to this Section at any time within three years of the L.C. SENIORS' spending violation Repayment by
L C SENIORS of COUNTY funds under this recapture provision shall occur within 30 days of demand If
repayment is not made within the specified timeframe, the COUNTY may secure payment, plus interest, if any,
utilizing available legal remedies
III. Status of Parties
Both L.C. SENIORS and the COUNTY agree this agreement does not constitute or create a joint venture,joint
undertaking,enterpnse,or partnership between L.0 SENIORS and the County
IV. Future Support
The COUNTY does not make any commitment to future support of L C SENIORS. If L.C.SENIORS is interested
in future grants,it may apply for them in the same manner and subject to the same terms and conditions as any other
grant applicant
V. Political Activity Prohibited
None of the COUNTY funds provided under this Agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office or any ballot measure
VI. Reporting Requirements
On a quarterly basis, L C SENIORS shall submit a detailed financial report to the COUNTY during quarterly
meetings with the BOCC outlining all expenditures and all revenues associated with the L C SENIORS including
the Semor Services Nutrition and Ennchment Programs. Upon 30-days notice the COUNTY may request,and the
L C SENIORS shall provide,additional financial or other documentation related to L C SENIORS activities
VII. Changes and Modifications
Either party may request in wntmg any changes in this Agreement. Any and all agreed modifications shall be in
writing, signed by each of the parties,and effective as of execution by the last signing party
VIII. Assignment,Delegation&Subcontracting
No portion of this agreement may be assigned, delegated or subcontracted to any other individual, firm or entity
without the express and prior wntten approval of the other party.
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IX. Non-Discrimination
L C SENIORS shall not discriminate against any person in providmg the Senior Services Programs funded by any
COUNTY grant monies on the basis of race,color,creed,religion,national origin,age, sex,marital status,veteran
status including disabled veteran and Vietnam-Era Veteran status, sexual orientation or the presence of any
disability unless such disability effectively prevents the performance of the essential functions required of the
position
X. Disputes
It is the goal of the parties to resolve their differences as early and amicably as possible. Any dispute between the
parties with regards to the performance of any provision of this agreement or the mterpretation thereof shall
promptly be brought to the attention of the County Manager or his/her designee and the Chair of L C SENIORS or
his/her designee,who shall arrange a meeting of appropriate personnel or officials to attempt to informally resolve
the matter They may but need not arrange subsequent meetings on the same issue If the dispute remains after 30
days, the parties shall attempt to settle the dispute by non-binding mediation within an additional 60 days The
mediation shall be by mutually agreeable terms and shall be exhausted before any suit is filed. Any resolution after
mediation or after suit is filed shall be reduced to writing and formally adopted as an addendum to this Agreement.
Costs related to mediation shall be shared equally by the parties. Each party shall bear its own attorney fees except
as specified in law for frivolous contentions or discovery disputes
XI. Indemnification
The COUNTY assumes no liability with respect to bodily injury, illness, accident, theft or any other damages or
losses to persons or property ansmg out of or in connection with L.C. SENIORS acts or omissions
L C SENIORS assumes no liability with respect to bodily injury, illness, accident, theft or any other damages or
losses to persons or property that arise from or in connection with the COUNTY's provision of senior services
before the effective date of this Agreement
L.C. SENIORS shall defend, protect, indemnify, save and hold harmless the COUNTY, its officers, agents and
employees from and against any claims, causes, damages, expenses or liability including reasonable attorney fees
for any or all injunes to persons or tangible property arising from or in connection with L C SENIORS' acts or
omission ansmg out of or in connection with L C SENIORS'provision of the Senior Services Programs,including
the actions and omissions of L C SENIORS' employees, agents, volunteers, permittees, and authorized
subcontractor(s),as well as the acts and omissions of L.C.SENIORS subcontractors'agents,volunteers,permittees,
and employees
The County shall defend,protect,indemnify, save, and hold harmless L.C. SENIORS from and against any and all
claims,causes,damages, expenses,or liability including reasonable attorney's fees for any or all injuries to persons
or tangible property ansing from the sole negligence of the COUNTY'S acts and omissions,including the acts and
omissions of the COUNTY'S authorized employees, subcontractors, and volunteers
XII. Venue&Choice of Law
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this
Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the
County of Cowlitz This Agreement shall be governed by the laws of the State of Washington Except as otherwise
stated herein,each Party shall be responsible for its own attorneys' fees.
XIII. Severability
If any term or condition of this Agreement, or the application thereof to any person(s) or circumstances is held
invalid,such invalidity shall not affect other terms,conditions or applications which can be given effect without the
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invalid term, condition or application To this end, the terms and conditions of this Agreement are declared
severable
XIV. Waiver
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent
breach No term or condition of this Agreement shall be held to be waived, modified or deleted except by an
mstrument,m wntmg, signed by the Parties hereto.
XV. Entire Agreement& Interpretation
This written Agreement represents the entire Agreement between the Parties respecting fmancial support from the
COUNTY to the LC SENIORS and supersedes any prior oral statements, discussions or understandings between
the Parties concerning the same.
IN WITNESS WHEREOF,this Agreement has been duly executed by the Parties hereto the day and year first
above written
BOARD OF COUNTY COMMISSIONERS
LE . • `"? ENIORS LEWIS COUNTY,WASHINGTON
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h Board Ga Sta per Cha
Ronald H Avenll,President of the p ,
APPROVED AS TO FORM. Ed . J Fund, • ei.
Jonathan Meyer,Prosecuting Attorney f
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'ob 1 C ,ackson, ommissioner
By
Civil Deputy
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Feb. 10, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving a financial contribution agreement between Lewis County and Lewis County Seniors
organization for senior nutrition program support during calendar-year 2020
Contact: Becky Butler Phone: 360-740-1198
Department: BOCC - Board of County Commissioners
Description:
Approving a financial contribution agreement between Lewis County and Lewis County Seniors
organization for senior nutrition program support during calendar-year 2020
Approvals: Publication Requirements:
Publications:
User Status
Eric Eisenberg Pending
Erik Martin Pending
PA's Office Approved
Additional Copies: Cover Letter To:
Suzette Smith Ron Averill and Glenda Forga