HomeMy WebLinkAboutJefferson County - COVID-19 Emergency Assistance Grant NII
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, V Board of County Commissioners
�N Jefferson eet
PO Box 1220
Port Townsend, WA 98368
Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District
January 4, 2021
City of Port Townsend
Attn:Ms. McAleer
250 Madison Street
Port Townsend,WA. 98368
Re: AGREEMENT re:City of Port Townsend re:COVID-i9 related Community Assistance Project:
grants to area culture and events organizations
Dear Ms. McAleer,
Enclosed is an Originals re:AGREEMENT re:City of Port Townsend re:COVID-i9 related Community
Assistance Project:grants to area culture and events organizations for your records.
Please contact our office if you have any questions.
Th-nk you,
Jute Shannon
Executive Secretary II
Jefferson County Commissioners Office
360 385 9100
jshanmon@co.�ffersan.wa.us
Enclosure
Phone (360) 385-9100 Ilia (360) 385-9382 jefl t,,)oc c@c()Jeff'rson. a.us
JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
This Grant Agreement to Provide Emergency Assistance as a Result of the COVID-19 Pandemic
("Agreement") by and between Jefferson County, a Washington political subdivision (County),
and the City of Port Townsend (Grantee).
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency
in all Counties in Washington State to due to the public health emergency caused by the COVID-
19 virus; and
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and
WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak of
COVID-19 to be a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared the COVID-
19 outbreak a national emergency; and
WHEREAS, 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;" and
WHEREAS, on March 19, 2020, the Port Townsend City Council approved a
Declaration of Emergency due to the COVID-19 pandemic.
WHEREAS, on March 23, 2020, Governor Jay Inslee signed 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 a Proclamation to
impose a Stay Home—Stay Healthy Order throughout Washington State, which prohibits 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
businesses in Washington State from conducting business, within the limitations provided in
Proclamation 20-25; and
WHEREAS, Proclamation .0.-2"5 has been amended several times,most recently in
Proclamation 20 2-5 °7, issued on July 24, 2020, which makes clear that Proclamation 20 25
JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
remain in effect until rescinded, and requires people to wear face masks both while at work and
while not at work;
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations,
Governor Jay Inslee subsequently issued amendatory Proclamations 20-06 through 20-53, 20x-,55
through 20-67, 20-699 through .2.0-H and 2 0,-.7.4,,and exercising his emergency powers under
RCW 43,06.220 by prohibiting certain activities and waiving and suspending specified laws and
regulations; and
WHEREAS, Health professionals and epidemiological modeling experts advise that
Washington is still in a state of COVID-19 outbreak; and
WHEREAS, the COVID-19 pandemic is both a health emergency and a financial
emergency, resulting in the worst global economic crisis since the Great Depression; and
WHEREAS, as a result of the COVID-19 financial emergency, the largest economic
stimulus legislation in American history, a$2 trillion package in Section 601(a)of the Social
Security Act, as amended by Section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act, called the CARES Act, was signed into law on 27 March 2020; and
WHEREAS, in May 2020, Governor Jay Inslee announced that the State of Washington
would award$300 million of State's CARES Act Coronavirus Relief Fund(CRF) funding to
reimburse local governments for eligible COVID-19 costs and economic support in connection
with the COVID-19 public health emergency; and
WHEREAS, 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; and
WHEREAS,the City of Port Townsend has been awarded up to $144,150 from the
State's additional CRF 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; and
WHEREAS, Jefferson County has been awarded up to $638,000 from the State's
additional CRF award, which the County intends to receive by submitting an invoice to the State
for the County's prior eligible expenditures; and after combining those funds with available
funds from the County's first CARES Act CRF award, and after reimbursing the County for its
own direct eligible COVID-19 costs, makes available an estimated $633,515 of County general
fund moneys which the County plans to deploy to address the COVID-19 public health
emergency; and 1
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
WHEREAS, 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; and
WHEREAS, each of the Intergovernmental Collaborative Group community groups
submitted proposals to benefit all residents of Jefferson County expending local funds, made
available by CARES Act CRF reimbursement of County and City costs; and
WHEREAS, on September 16, 2020,the Intergovernmental Collaborative Group agreed
that the additional funds available by the City of Port Townsend and Jefferson County are best
used as a joint resource to support all the residents of Jefferson County; and
WHEREAS,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 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).
WHEREAS, on November 9, 2020,the City of Port Townsend and Jefferson County
entered into an Interlocal Agreement committing to exclusive use a total of$777,665 of
combined City and County funds to help fund the 30 projects approved on September 23, to
provide COVID-19 community assistance in addressing the public health emergency and provide
economic assistance related to the pandemic, and
WHEREAS, spending local governments' funds to help the community respond to the
COVID-19 emergency with emergency public health assistance and economic assistance is a
fundamental purpose of government which also helps fulfill the public purposes articulated in the
CARES Act and Coronavirus Relief Fund; and
WHEREAS,the proposed uses will aid the economic recovery and public good of
Jefferson County following the economic downturn caused by the COVID-19 pandemic.
WHEREAS,the Grantee is a recognized public agency, public nonprofit entity or private
501(c)(3)non-profit organization in the State of Washington and is a provider of community
assistance in one or more of the 30 approved projects; and,
WHEREAS, the Grantee desires to complete a community assistance project that was
one of the 30 projects approved on September 23, 2020, and that was included in the November
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
9, 2020 Interlocal Agreement between the City and the County, and seeks funding assistance for
equipment, supplies, materials and labor for their project; and,
WHEREAS, Jefferson County desires to provide funding for the listed projects, as
necessary to combat the COVID-19 pandemic and recession, protecting the health and safety of
persons and property, and providing emergency assistance to the victims of such disaster; and
WHEREAS, RCW 3_$.0520070 2
J grants to counties in which a disaster occurs, 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; and
WHEREAS,the economic support provided to Grantee pursuant to this Agreement is
necessary and appropriate given the Grantee's critical role and ability to provide services to
community members in response to the COVID-19 public health emergency, and such assistance
represents an eligible use of county funds consistent with RCW 3x.52.070 2 .
NOW,THEREFORE, in consideration of the foregoing recitals„ which are incorporated
herein by reference, and the terms and conditions set forth below, the parties agree as follows:
1. FAective Date and"lean, The term of this Agreement shall commence
when last executed by the parties and remain in effect until December 31, 2020, except
for submittal of any final invoices and the report referenced in Section 10,due January 15,
2021. The term may be extended by written amendment pursuant to Section 16 of this
Agreement. This Agreement may be terminated by the County before the end of term
pursuant to Section 5 of this Agreement. Eligible expenses incurred consistent with this
Agreement starting March 1, 2020 or thereafter, but prior to its execution, are hereby
ratified
2._ _ Pr( Deswrtafion. Grantee commits to carry out-its project(s):_
Grants to area cultural and events organizations financially impacted by the COVID-19
public health emergency and by interruptions and cancelations of cultural activities and
events to ensure compliance with state and local public health orders.
(the title of the project or projects) as listed in the November 9, 2020 Interlocal
Agreement and as described in Attachment A Grantee Scope of Work and Budget to this
Agreement, to provide COVID-19 community assistance in addressing the public health
emergency or to provide economic assistance related to the pandemic.
3. Grant Payments. The Grantee shall be paid by the County for eligible
expenses under this Agreement as follows:
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
a. The County agrees to provide the Grantee a total sum not to exceed $60,000.00, on a
reimbursement basis for eligible expenses and invoices submitted pursuant to this
Agreement including Attachment A Grantee Scope of Work and Budget.
b. The Grantee may submit invoices to the County once per month for eligible
expenditures on the project. The Grantee will submit invoices and appropriate
supporting documentation such as payroll records, canceled checks, records of
supplies payments or other documentation of eligible expenditures. Upon review and
approval of each invoice by the County,payment will be made to the Grantee using
the County's normal bill paying process and cycle.
c. A Final invoice, final report and final project financial statement is due no later than
January 15, 2021. Final payment of any balance due the Grantee of the total grant
award will be made promptly upon completion of the project under this Agreement
and upon review and approval by the County. The financial statement shall include an
accounting of grant revenues and expenditures under this Agreement. Upon review
of the financial statement and its final approval by the County, Grantee shall
reimburse the County within 30 days of notification by the County for all unexpended
grant funds.
The Grantee acknowledges that funds received from the County may be treated as taxable
income, when applicable.
4. Gnui e's Use of Grant l'uiids. The Grantee shall ensure that all grant
funds expended are necessary to the listed project, and are eligible in accordance with the
terms of this Agreement, including Attachment A Scope of Work and Budget.
5. Termination. The County may terminate this Agreement, for
convenience or otherwise and for no consideration or damages, upon 10 days prior
written notice to the Grantee.
6. irrd pqndorrt Contractor. Each party under this Agreement shall be for
all purposes an independent contractor. Nothing contained herein will be deemed to
create an association, a partnership, a joint venture, or a relationship of principal and
agent, or employer and employee between the parties. The Grantee shall not be, or be
deemed to be, or act or purport to act, as an employee, agent, or representative of the
County for any purpose.
7. 1ndernni11cation. Grantee acknowledges that the designated project is
the Grantee's own project, and not the County's. The Grantee agrees to defend,
indemnify and hold the County, its officers, officials, employees, agents and
volunteers harmless from and against any and all claims, injuries, damages, losses or
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
expenses including without limitation personal injury, bodily injury, sickness,
disease, or death, or damage to or destruction of property, which are alleged or
proven to be caused in whole or in part by an act or omission of the Grantee, its
officers, directors, employees, and/or agents relating to the Grantees' performance or
failure to perform under this Agreement. The section shall survive the expiration or
termination of this Agreement.
8. CLo n� plmice with l ANvs. Guidelines. The Grantee shall comply with all
applicable federal, state, and local laws and all applicable requirements (including
certifications and audits), in carrying out the designated project and in performance
of this Agreement.
9. V.eits.: Grantee shall provide the County a final project report and a
financial report about its project on or before January 15, 2021. The report shall briefly
describe the specific activities performed, identifying specific populations served (by
geographic region if available), specific programs created or utilized and include any
known or intended outcomes, results or community impacts. The financial report for each
project shall identify grant revenues received under this Agreement, as well as other
revenues for the project; list expenditure categories, quantities and unit&total costs; and
shall calculate any grant fund balance remaining.
10. Maintcnan.Le and Audit of records. The Grantee shall maintain
records, books, documents, and other materials relevant to its performance under this
Agreement for a period of 6 years. These records shall be subject to inspection,
review and audit by the County upon reasonable notice. If it is determined during the
course of the audit that the Grantee was reimbursed for unallowable costs under this
Agreement,the Grantee agrees to promptly reimburse the County for such payments
uponrequest.
11. T 'o,tjce.s. Any notice desired or required to be given hereunder shall be
in writing,and shall be deemed received five (5) days after deposit with the U.S.
Postal Service, postage fully prepaid, certified mail, return receipt requested, and
addressed to the party to which it is intended at its last known address, or to such
other person or address as either party shall designate to the other from time to time
in writing forwarded in like manner:
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
Grantee
Name: John Mauro, City Manager
Address: 250Madison Street, Suite 2
Port Townsend, WA. 98368
Phone no: 360-379-5043
Email: jmauro@cityofpt.us
Jefferson County
Mark McCauley, Central Services Director
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
360-385-9100
12. 1 r e I n fjg,!ISS e. Each party warrants that it did not and will not
employ, retain, or contract with any person or entity on a contingent compensation
basis for the purpose of seeking, obtaining, maintaining, or extending this
Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever
has been or will offered or conferred with a view towards obtaining, maintaining, or
extending this Agreement.
13. Conflict of-hit t" . The elected and appointed officials and employees
of the parties shall not have any personal interest,direct or indirect, which gives rise
to a conflict of interest.
14. Time. Time is of the essence in this Agreement.
15. Survival. The provisions of this Agreement that by their sense and
purpose should survive expiration or termination of this Agreement shall so survive.
Those provisions include without limitation Indemnification and Maintenance and
Audit of Records.
16. Amendment. No amendment or modification to this Agreement will be
effective except by written amendment executed by both patties in the same manner as
the original Agreement.
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
17. Govcrnin ww, Venue, This Agreement will be governed in all
respects by the laws of Washington state, both as to interpretation and performance,
without regard to conflicts of law or choice of law provisions. Any action arising out
of or in connection with this Agreement may be instituted and maintained only in a
court of competent jurisdiction in Jefferson County, Washington or as provided by
RCW 36.01 050.
18. Non-Waiver. No failure on the part of the County to exercise, and no
delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall
any single or partial exercise by the County of any right hereunder preclude any other
or further exercise thereof or the exercise of any other right. The remedies herein
provided are cumulative and not exclusive of any remedy available to the County at
law or in equity.
19. Bindin l l;ec . This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors.
20. Assignment. Neither party shall assign or transfer any of its interests in
or obligations under this Agreement without the prior written consent of the other
party.
21. i^;llt i e A r�ctjj, ;. This Agreement constitutes the entire agreement
between the County and the Grantee for the use of funds received under this
Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the parties with respect to this
Agreement.
22. No '1;"1I t'j I'� a t !3!Ijefic ides,. Nothing herein shall or be deemed to
create or confer any right, action, or benefit in, to, or on the part of any person or
entity that is not a party to this Agreement. This provision shall not limit any
obligation which either party has to the Washington State Department of Commerce
of these grant funds, including the obligation to provide access to records and
cooperate with audits as provided in this Agreement.
23. Severability. In the event that one or more provisions of this Agreement
shall be determined to be invalid by any court of competent jurisdiction or agency having
jurisdiction thereof, the remainder of this Agreement shall remain in full force and effect
and the invalid provisions shall be deemed deleted.
24. Counterparts. This Agreement may be executed in counterparts, any of
which shall be deemed an original but all of which together shall constitute one and
the same instrument.
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
25. Authorization. Each party warrants to the other party,that the person
executing this Agreement on its behalf has the full power and authority to do so.
26. Public Records Act.Notwithstanding any provisions of this Agreement
to the contrary, to the extent any record, including any electronic, audio, paper or
other media, is required to be kept or indexed as a public record in accordance with
the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the
Grantee agrees to maintain all records constituting public records and to produce or
assist the County in producing such records, within the time frames and parameters
set forth in state law. The Grantee also agrees that upon receipt of any written public
record request, Grantee shall, within two business days, notify the County by
providing a copy of the request per the notice provisions of this Agreement.
SIGNATURE APPEAR,ON''THE NEVI"PAGE
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
IN WITNESS WHEREOF,this Agreement is executed and shall become
effective as of the last date signed below.
JEFFERSON COUNTY,WASHINGTON GRANTEE
By the authority granted to the undersigned on
October 26, 2020 during the Board of County
Commissioners' Open Session
' 12.24.20
DA l
�- � By
By. .. ..._..: �. �. . John Mauro .....__ _ DATE
, j �l�p M ey,
U County Administrator City Manager
Approved as to form only:
B 4. -r242
Philip C. Hunsucker ATE
Chief Civil Deputy Prosecuting Attorney
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
ATTACHMENT A
GRANTEE SCOPE OF WORK AND BUDGET
The Board of Commissioners is directing up to $60,000 payable to the City of Port Townsend
("Grantee")to reimburse costs and expenditures related to the September 23, 2020, Jefferson
County Board of Commissioners selected projects funded to provide services for community
members suffering from the public health and financial impacts of the COVID-19 pandemic
("approved project"). These funds must be fully distributed by December 31, 2020. The Grantee
will be responsible for providing documentation and other proof of payment costs directly related to
the approved project.
I. Project Statements of Intent and Description of Eligible Costs and Expenditures
This project will use grant funds up to the amounts listed below for eligible costs and expenditures
to accomplish the following activities(brief explanation of the project and description of the
supplies, services, equipment or other materials purchased to support the project):
The City of Port Townsend will develop and implement a grant process for area cultural and events
entities and organizations that are financially impacted by the COVID-19 public health emergency.
The City will conduct and complete this grant program issuing grants in the amounts they determine
to entities that they select, up to and not exceeding a total of$60,000.
Funds are available to reimburse approved project related costs March 1, 2020 through December
31, 2020.The Grantee MAY NOT use the funding for the following activities:
• Any expense that would not be considered an eligible business expense by IRS rules.
• Political contributions.
• Bonuses to owners or employees.
• Charitable contributions.
• Gifts or parties.
• Draw or salary to owner that exceeded the amount that they were paid on a weekly or
monthly basis for the same period in 2019.
• Pay down or pay off debt by more than required in underlying debt instrument.
II. Payment—Reimbursement of Eligible Project Costs
The funding will be provided via reimbursement to the Grantee. The funding will be provided to the
Grantee on a reimbursement basis, upon submittal of an invoice reviewed and approved by the
County. The Grantee will submit invoices and appropriate supporting documentation such as payroll
records, canceled checks, records of supplies payments or other documentation of eligible
expenditures as required by the County.
This shall ensure the eligibility of the expenditures consistent with this Agreement prior to payment.
III. Reporting
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JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
Pursuant to Section 9. of this Agreement, Grantee shall provide the County a final project report and
financial report about each approved project on or before January 15, 2021, unless the project
timeframe is changed upon mutual agreement.
The project report for this project shall briefly describe and quantify the specific activities
performed, identifying specific populations served (by geographic region if available) , number of
entities served by the grants, specific cultural and event programs that were assisted by the grants
and the grant amounts including any known or intended outcomes,results or community impacts.
The financial report for each project shall identify grant revenues received under this Agreement, as
well as other revenues for the project; list expenditure categories, quantities and unit&total costs;
and shall calculate any grant fund balance remaining. The final project financial report shall show
an accounting of funds by project activity as described in the final project report.
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