HomeMy WebLinkAboutJefferson County - Interlocal Agreement Expenditure of CARES Act Funds INTERLOCAL AGREEMENT
JEFFERSON COUNTY
AND THE CITY OF PORT TOWNSEND FOR THE EXPENDITURE OF
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS
This Agreement("this Interlocal Agreement")is entered into by and between the City of Port
Townsend, a municipal corporation of the State of Washington ("City"), and Jefferson County, a
municipal corporation and political subdivision of the State of Washington ("County"), for the
expenditure of Coronavirus Relief Funds.
RECITALS
A. Chapter 39.34 RCW permits local governmental units to make official use of their powers
enabling them to cooperate with other localities based on mutual advantage.
B. On February 29, 2020, Governor Jay Inslee declared a State of Emergency in all Counties in
Washington State due to the public health emergency caused by the COVID-19 pandemic.
C. On March 13, 2020, the President of the United States declared the COVID-19 outbreak a
national emergency.
D. On March 16, 2020, the Jefferson County Board of Commissioners approved a Declaration
of Emergency in Jefferson County due to the COVID-19 pandemic in Resolution 12-20,
stating in part that"human life may be threatened and the local economy disrupted as a result
of this unprecedented pandemic,and immediate extraordinary action must be taken to respond
to this crisis and mitigate its impacts," and further stating "Jefferson County is authorized to
exercise such other actions authorized by state law during a state of emergency as may be
necessary to combat this emergency."
E. On March 19, 2020, the Port Townsend City Council approved a Declaration of Emergency
due to the COVID-19 pandemic.
F. On March 23, 2020, Governor Jay Inslee signed a proclamation(20-25)declaring that a State
of Emergency continues to exist in all counties in Washington State due to COVID-19; and
that his prior proclamations are amended and superseded by proclamation to impose a Stay
Home — Stay Healthy Order throughout Washington State, which prohibited all people in
Washington State from leaving their homes or participating in social, spiritual and
recreational gatherings of any kind regardless of the number of participants, and all non-
essential business in Washington State from conducting business, within the limitations
provided in Proclamation 20-25.
G. On May 4, 2020, Governor Jay Inslee announced the Washington State Safe Start reopening
plan. The plan allowed counties to transition through four phases in order to safely reopen
Washington state.
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H. On March 27, 2020, Congress passed and the President signed the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act), providing for a wide variety of economic
assistance to address the COVID-19 pandemic, and stimulus to aid individuals, businesses
and the economy impacted by the pandemic. This included Coronavirus Relief Funds (CRF)
providing funding to State, territorial, local, or Tribal governments to respond directly to the
emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second-order effects of the emergency, such as by providing economic
support to those suffering from employment or business interruptions due to COVID-19-
related business closures.
I. In May 2020, Governor Jay Inslee announced that the State of Washington would award
$300 million of State's CARES Act CRF funding to reimburse local governments for eligible
COVID-19 costs and economic support in connection with the COVID-19 public health
emergency.
J. On August 31, 2020, Governor Inslee announced that Washington State was awarding an
additional $125 million of CARES Act CRF funding to local governments for the same
purposes.
K. The City of Port Townsend has been awarded up to $144,150 from the State's additional
award, which the City intends to receive by submitting an invoice to the State for the City's
prior eligible expenditures, thereby freeing up City general fund moneys which the City
wishes to deploy to address the COVID-19 public health emergency.
L. Jefferson County has been awarded up to $638,000 from the State's additional award, which
the County intends to receive by submitting an invoice to the State for the County's prior
eligible expenditures. After combining those funds with available funds from the County's
first CARES Act award, and after reimbursing the County for its own direct eligible COVID-
19 costs, an estimated$633,515 of County general fund moneys is made available which the
County plans to deploy to address the COVID-19 public health emergency.
M. On June 17, 2020, the City of Port Townsend, Jefferson County, the Port of Port Townsend,
and Jefferson County Public Utility District Number 1 established the Intergovernmental
Collaborative Group and the Intergovernmental Coordinating Committee to establish a
Recovery and Resiliency Plan with six community groups each responsible for one focus
area: culture and events; economy and jobs; children and families; human services; food
system resiliency; and broadband.
N. Each of the Intergovernmental Collaborative Group community groups submitted proposals
for expending CARES Act funds to benefit all residents of Jefferson County.
O. On September 16, 2020, the Intergovernmental Collaborative Group agreed that the
additional funds awarded to the City of Port Townsend and Jefferson County are best used as
a joint resource to support all the residents of Jefferson County.
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P. The Jefferson County Board of Commissioners ranked the community group proposals
considering the input of the Intergovernmental Collaborative Group; and on September 23,
2020 identified 30 projects for funding as shown in EXHIBIT 1 of this Interlocal Agreement
for a combined total of up to $777,665, subject to adjusting amounts based on time of
eligibility, updated information from the grantees and sub-grantees, city funding available,
not to exceed the dollars available and revising scalable projects as appropriate (PUD and
Culture &Events Grants).
Q. Spending local governments' funds to help the community respond to the COVID-19
emergency with emergency public health assistance and economic assistance is a fundamental
purpose of government which also helps fulfill the public purposes articulated in the CARES
Act and Coronavirus Relief Fund.
R. Pursuant to RCW 3$051070 2 , "In carrying out the provisions of this chapter each political
subdivision, in which any disaster as described in RCW 3 .52.020 occurs, shall have the
power to enter into contracts and incur obligations necessary to combat such disaster,
protecting the health and safety of persons and property, and providing emergency assistance
to the victims of such disaster. Each political subdivision is authorized to exercise the powers
vested under this section in the light of the exigencies of an extreme emergency situation
without regard to time-consuming procedures and formalities prescribed by law (excepting
mandatory constitutional requirements), including, but not limited to,budget law limitations,
requirements of competitive bidding and publication of notices, provisions pertaining to the
performance of public work, entering into contracts, the incurring of obligations, the
employment of temporary workers, the rental of equipment, the purchase of supplies and
materials,the levying of taxes, and the appropriation and expenditures of public funds."
S. The proposed uses will aid the economic recovery and public good of Jefferson County
following the economic downturn caused by the COVID-19 pandemic.
INTERLOCAL AGREEMENT
In consideration of the mutual covenants contained in the Interlocal Agreement and pursuant
to provisions of Ch. 39.34 RCW,the parties agree as follows:
1. PURPOSE. By working together and combining funds, the City and the County can leverage
a greater benefit to all the residents of Jefferson County, including those within the corporate
limits of Port Townsend as well as the residents of unincorporated Jefferson County.
2. AUTHORITY. This agreement is based upon the authority of RCW 39.34.030, which
provides authority for interlocal agreements for joint exercise of public agencies' lawful
authority.
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3. RECITALS ADOPTED. The Recitals to this Interlocal Agreement are hereby incorporated
and adopted as part of this Interlocal Agreement.
4. CITY PERFORMANCE. The City will transfer $144,150 from the City's general fund to
Jefferson County for exclusive use to provide COVID-19 community assistance in
addressing the public health emergency and to provide economic assistance as provided in
this Interlocal Agreement.
5. COUNTY PERFORMANCE.
5.1. The County will utilize $633,515 of the County's funds to provide COVID-19
community assistance in addressing the public health emergency and provide
economic assistance as provided in this Interlocal Agreement.
5.2. The County will use the combined City and County funds as grants to eligible
organizations for the projects listed in EXHIBIT 1 for their eligible COVID-19 costs
and economic supports in connection with the COVID-19 public health emergency,
as described in this Interlocal Agreement. Grantees may incur the COVID-19
related costs and economic supports directly themselves, or through eligible sub-
grantees so long as the costs are in direct support of the projects identified in
EXHIBIT 1. The grant agreements will be used to pay for eligible costs for the
items or programs in substantially the same form and amounts as those listed in
EXHIBIT 1, provided that amounts shall be adjusted to match funding availability,
cost eligibility, and updated project information from the grantees and sub-grantees.
The County, in consultation with the City Manager, may choose to modify the
amounts dedicated to any particular items or programs, but will be equitable in the
funding of the items and programs listed in EXHIBIT 1 to the maximum extent
practicable.
5.3. Grant agreements may allow for reimbursement other prior sunk costs by grantees or
sub-grantees that are eligible COVID-19 costs, in order to facilitate rapid
reimbursement processing, by acknowledging the grantee's or sub-grantee's intent
to utilize their own funding, returned to them through reimbursing these prior
expenditures, to provide services or goods listed in EXHIBIT 1.
5.4. The County will enter into a grant agreement with the City to conduct the grant
program to provide economic support to culture and events organizations as listed in
EXHIBIT 1, provided that organizations both in the City and throughout
unincorporated Jefferson County will be eligible to receive grants, and the City will
strive to ensure there is geographic equity in the grant awards.
5.5. The County will enter into a grant agreement with an eligible organization identified
with the help of the City, such as Port Townsend Main Street, City of Port
Townsend, The Production Alliance, or other organization to pay the costs of the
tent, outdoor heaters, and handwashing station listed in EXHIBIT 1 as a means to
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provide COVID-19-safe operating space in economic support to businesses and
other organizations impacted by the COVID-19 public health emergency. The
parties agree that that businesses and organizations in the City of Port Townsend and
unincorporated Jefferson County have equal access to those items.
5.6. The County will provide the City with periodic progress reports on the status of
grant agreements and all fund distributed to grantees and, if available, sub-grantees.
6. REQUIRED FILING. Pursuant to RCW 39.34.040, prior to entry into force this Interlocal
Agreement shall be filed with the Jefferson County Auditor or listed on the County's
website.
7. ALLOCATION OF LIABILITIES.
7.1. Indemnity. Each party shall indemnify, defend, and hold harmless the other party,their
officers, agents, employees, and volunteers, from and against any and all claims,
demands, damages, judgments, losses, liability and expense (including, attorney's
fees), including but not limited to those for personal injury, death or property damage
suffered or incurred by any person, by reason of or in the course of performing this
Interlocal Agreement which is or alleged to be caused by or may directly or indirectly
arise out of any act or omission of the party, its officers, employees, agents and
volunteers.
7.2. Proportionate Share. Except as provided above, in the event more than one party is
responsible or negligent,each party shall be responsible in proportion to its negligence.
7.3. Waiver of Immunity under Title 51 RCW. Each party waives its immunity under
Title 51 RCW (Industrial Insurance) solely for the purposes of this provision and
acknowledges that this waiver was mutually negotiated.
8. DISPUTES BETWEEN THE PARTIES.
8.1. Negotiation.Disputes shall be resolved by first trying to negotiate a settlement between
the parties. Written notice in the manner required by this Interlocal Agreement
commences a dispute.
8.2. Mediation. If settlement cannot be reached within 30 days of written notice of the
dispute, the parties agree to submit the matter to non-binding mediation through the
Peninsula Dispute Resolution Center or other agreed upon mediator. A demand for
mediation made by written notice in the manner required by this Interlocal Agreement
commences a mediation. The mediator shall be selected by agreement of the parties.
The cost of mediation shall be shared equally between the parties.
8.3. Venue. Any legal action about the terms and conditions of this Interlocal Agreement
shall be brought solely in the appropriate state court in Jefferson County, Washington.
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9. MODIFICATION, WITHDRAWAL AND TERMINATION. This agreement may be
changed, withdrawn, or terminated as follows:
9.1. Written Agreement Required. This Interlocal Agreement may be changed or extended
in duration by written agreement of the parties.
9.2. Non-Payment. Upon thirty (30) days written notice by the County to the City with
regard to failure to make any payment required by this Interlocal Agreement, and in
the event same shall not be cured within sixty (60) days, then the County shall be
entitled, without further notice or demand, to terminate this Interlocal Agreement and
seek any remedy granted at law as a result of the non-payment.
10. PUBLIC RECORDS ACT AND OPEN PUBLIC MEETING ACT COMPLIANCE.
10.1. Public Records Act Compliance. The City and the County shall be responsible
separately for their respective public records pursuant to the Public Records Act,
Chapter 42.56 RCW. For the avoidance of doubt, all records maintained by the County
relating to the Prosecution Services provided by the Prosecuting Attorney pursuant to
this Interlocal Agreement are the records of the County.
10.2. Open Public Meetings Act Compliance. The City and the County shall be responsible
separately for their respective compliance with the Open Public Meetings Act, Chapter
42.30 RCW.
11. NOTICE.
11.1. Sufficient Notice.Any notice required to be given by either party to the other shall
be in writing and shall be considered sufficient notice if deposited in the United
States mail, postage prepaid, addressed as follows:
To the County at:
Jefferson County Administrator
P.O. Box 1220
Port Townsend, WA 98368
To the City at:
City Manager
250 Madison St Suite 201
Port Townsend, WA'98368
11.2. Personal Service of Notice Also Allowed. Personal notice of any required notice may
be provided in the manner prescribed for personal service of a summons or other legal
process.
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12. INTERLOCAL AGREEMENT REQUIRED TERMS.
12.1. Administration. This Interlocal Agreement does not create any separate legal or
administrative entity. The parties understand and agree that there will be
communications between the parties to effectuate the terms of this Interlocal
Agreement.
12.2. No Joint Budget. This Interlocal Agreement does not contemplate a joint budget.
12.3. No Property Acquisition. This Interlocal Agreement does not contemplate the joint
acquisition of property by the parties. At termination, each parry shall remain the
sole owner of its own property.
13. NO PARTNERSHIP; INDEPENDENT CONTRACTOR.
No Partnership.Nothing contained in this Interlocal Agreement shall be considered as in any way
constituting a partnership between the City and the County.
14. REQUIRED FILING. Pursuant to RCW 39.34.040, prior to entry into force this Interlocal
Agreement shall be filed with the Jefferson County Auditor or listed on the PAO's website.
15. GENERAL TERMS. The following general terms shall govern this agreement:
15.1. Choice of Law. The parties signed this Interlocal Agreement in the State of
Washington. The laws of the United States, the State of Washington, and the County
of Jefferson govern this Interlocal Agreement,as if applied to transactions agreed upon
and to be performed wholly within Jefferson County, Washington between Jefferson
County residents. No party shall argue or assert that any state law other than
Washington law applies to the governance or construction of this Interlocal Agreement.
15.2. Authority. Each person who signed this Interlocal Agreement acted with authority
granted, where required, by a governing body of a party. This Interlocal Agreement
may be executed in counterpart originals. A copy of each such executed counterpart
original shall be delivered to each party upon that party's execution of a counterpart
original.
15.3. Integration. This Interlocal Agreement contains all the terms and conditions agreed
upon by the parties. No representation or promise not expressly contained in this
Interlocal Agreement has been made. The parties are not entering into this Interlocal
Agreement based on any inducement,promise or representation,expressed or implied,
which is not expressly contained in this Intertocal Agreement. This Interlocal
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, within the scope of this
Interlocal Agreement.
15.4. Headings. The headings of the sections of this Interlocal Agreement are for
convenience of reference only and do not restrict, affect, or be of any weight in the
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interpretation or construction of the provisions of the sections or this Interlocal
Agreement.
15.5. No Waiver.No term or provision of this Interlocal Agreement can be waived by either
party,and no breach excused by either party,unless such waiver or consent is in writing
signed on behalf of the party against whom the waiver is asserted. Failure of a party to
declare any breach or default immediately upon the occurrence thereof, or delay in
taking any action in connection with, shall not waive such breach or default.
15.6. Nondiscrimination; Equal Employment Opportunity.
15.6.1. In the performance of this Interlocal Agreement,the parties and their employees
and agents shall always comply with all federal, state,or local laws,ordinances,
rules, or regulations with respect to nondiscrimination and equal employment
opportunity which may at any time be applicable.
15.6.2. The parties shall not discriminate against any employee or applicant for
employment because of age, sex, marital status, sexual orientation,race, creed,
color, national origin, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability as required by law.
15.6.3. The parties and their employees and agents shall not at any time discriminate
against any other persons or entity because genetic inf6rnaat.ion,gender identity,
age, seri, marital states, sexual orientation, race, creed, color, national; origin,
honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or service animal
by a person with a disability.
15.7. Records Retention. The parties shall keep and maintain all records required by law in
connection with the performance of this Interlocal Agreement.
15.8. Arms-length Negotiations. The parties negotiated this Interlocal Agreement at arms-
length, with the assistance and advice of competent, independent legal counsel.
16. MUTUAL OBJECTIVES. Each party agrees to aid and assist the other in carrying out the
objectives of this Interlocal Agreement
(SIGNATURES FOLLOW ON NEXT PAGE)
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JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND
COMMIS ION S
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ATTEST:
CarolY n a.11 w a Depot, `lerk of the Board
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Approved as to Legal Form: Approved as to Legal Form:
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Philip C. Hunsucker,er, late *, "I ,ACity Attorney Date
Chief Deputy Civil Prosecuting Attorney
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EXHIBIT 1: Projects & Estimated Funding Amounts
Project SCORE Estimated
Adjusted
Amount
Family Resources Navigator through the YMCA 15 $ 55,000
Additional funding forJefferson Farmers Markets Association SNAP match program 15 $ 25,E
Household Utility Assistance 15 $ 50,000
Businesses Electric Utility Bill Assistance 15 $ 40,000
Childcare Support Funds through YMCA 14 $ 31,500
Financial support to NODC Olympic Peninsula Farmers Fund 14 $ 25,000
fo
In coordination with Human Svcs food box proposalCreate and distribute od boxes 14 $ 10,000
American Legion shelter staffing for 24hr operation through December 14 $ 50,400
Single daily meal for clients at Am.Legion thru Dec. 14 $ 10,000
Handwashing station/touchless hand sanitizers 14 $ 5,952
Proctor House Study Lounge with Jeff.Co.juvenilie services 13 $ 9,000
Public restroom trailer 13 $ 55,000
Gathering Areas/Shelters Air Filtration 13 $ 15,000
Homeless Family Housing 13 $ 30,000
StrongerTowns Connected Student Initiative-Student connections spent thus far 13 $ 10,518
Stress Management and Emotional Resilience for Teens though the Benji Project 12 $ 15,500
Fall COVID Protection PR Campaign through DEM and JeffCoCares 12 $ 7,000
Youth tutor program creation,staffing at OlyCAP 11 $ 9,000
StrongerTowns Connected Student Initiative-connectivity to difficult to reach 11 $ 8,400
Case Management for Foster Care Volunteers through Olympic Angels 10 $ 10,000
COVID Navigator case management support in coordination with Human Svcs project 10 $ 15,000
Port of Port Townsend PPE' 10 $ 6,000
Street-sized Outdoor tent for outdoor dining&business gatherings 10 $ 40,000
Outdoor heating units for Street Tent 10 $ 23,650
Repurpose Chimacum School District Multipurpose Room forcommunity meal prep 7 $ 10,000
11 ''111 11 SIR I 1�„ l �
13 $ 190,000 Scalable needed,up to$190,000
lable as r
PUD Countywide Hotspots existing and future
COVIOTestingContract wJeffHealthCare 13 TBD
ReJmCOVID charity through OlyCAP 11 TBD
isul'rse
Cost of Selected Proposals $ 831,920
County&Max Potential City Funding $ 777,665
Reductions In Proposal Amounts Needed $ (54,255)
Board of County Commissioners Motion as adopted 09/23/2020:
Motion to authorize staff to pursue and execute subrecipient agreements on the listed projects,subject to adjusting amounts based on
time of eligibility,updated information from the subrecipients/beneficiaries,city funding available,not to exceed the dollars available
and revising scalable projects as appropriate(PUD and Culture&Events Grants)
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