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HomeMy WebLinkAboutKey City Public Theatre - CA signed re: COVID 19 related Communtiy Assistance Project - 122320` . fcA l 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 Key City Public Theatre (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; and 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to exist in all Counties in Washington State due to COVID-19; and that his prior proclamations are amended and superseded by a Proclamation to impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all people in Washington State from leaving their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 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC WHEREAS, Proclamation 20-25 has been amended several times, most recently in Proclamation 20-25.7, issued on July 24, 2020, which makes clear that Proclamation 20-25 remain in effect until rescinded, and requires people to wear face masks both while at work and while not at work; and 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 20-539 20-55 through 20-67, 20-69 through 20-71 and 20-74, 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 from the 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 K JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC fund moneys which the County plans to deploy to address the COVID-19 public health emergency; and 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 made 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; and 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 3 JEFFERSON COUNTY GRANT AGREEMENT TO ASSISTANCE AS A RESULT OF THE CO 1 '0 1rul �--! WHEREAS, the Grantee desires to complete a comma �l1 one of the 30 projects approved on September 23, 2020, and tl ier 9, 2020 Interlocal Agreement between the City and the Count: 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 38.52.070(2) 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 38.52.070(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. Effective Date and Term. The term of this Agreement shall commence when last executed by the parties and remain in effect until January 31, 2021, except for submittal of any final invoices and the report referenced in Section 10, due February 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. Project Designation. Grantee commits to carry out its project(s): Air handling with ultraviolet light air filtration for performing arts theater 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. Grant Payments. The Grantee shall be paid by the County for eligible expenses under this Agreement as follows: 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 $15,000.00, 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 February 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. Grantee's Use of Grant Funds. 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. 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. Independent 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. Indemnification. 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 expenses including without limitation personal injury, bodily injury, sickness, 5 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC 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. Compliance with Laws. 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. Reports. Grantee shall provide the County a final project report and a financial report about its project on or before February 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. Maintenance 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 upon request. 11. Notices. 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: Grantee Denise Winter, Executive Artistic Director Key City Public Theatre 419 Washington Street Port Townsend, WA 98368 360-379-0195 denise@keycitypublictheatre.org 0 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC Jefferson County Mark McCauley, Central Services Director Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368 360-385-9100 MMcCauley_�t,co.iefferson.wa.us 12. Improper Influence. 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 Interest. 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 parties in the same manner as the original Agreement. 17. Governing Law; 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 7 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. Binding Effect. 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. Entire Agreement. 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 Third Party Beneficiaries. 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. 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 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC 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. (SIGNATURES APPEAR ON THE NEXT PAGE) 0 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 By the authority granted to the undersigned on October 26, 2020 during the Board of County Commissioners' Open Session By: DATE County Administrator Approved as to form only: HIM 12/13/2020 Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney 10 GRANTEE By: / Z --Z Jet 42Fs enise Winter DATE Executive Artistic Director Key City Public Theatre 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 $15,000.00 payable to Key City Public Theatre ("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 January 31, 2021. 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): Purchase and installation of air handling with ultraviolet air filtration. Total project cost is $15,000.00. This purchase and installation will provide an ability for Jefferson County organizations, businesses and individual artists to create online streamed content/events (with no audience present) beginning on or about January 2021, by providing safe air handling required by COVID-19 industry guidelines. The Key City Public Theatre (KCPT) facility will be available for various user groups to create streamed/recorded events in a controlled space with professional lighting and sound capabilities and safe air handling. With this assistance, Key City Public theatre will be help various user groups who have lost income due to COVID-related public health closures. Key City Public Theatre has secured additional funding for other COVID-19 mandated improvements needed to safely operate the performance facility. Ultimately, when in -person performing arts are allowed,_ the installation_ of air handling with UV viral filtration in KCPT's facility will prove essential for this venue to safely re -open to the public for use by numerous arts, culture and events partners. Funds are available to reimburse approved project related costs March 1, 2020 through January 31, 2021.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. JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC 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 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 February 15, 2021, unless the project timeframe is changed upon mutual agreement. The project report for each project shall briefly describe and quantify 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. The final project financial report shall show an accounting of funds by project activity as described in the final project report. 12 CONTRACT REVIEW FORM CONTRACT WITH: Key City Public Theatre CONTRACT FOR: COVID-19 related community assistance TERM: Maroh' I, 2020r January3I, 2021 project: air handling with ultraviolet light air filtration COUNTY DEPARTMENT: County Administrator For More Information Contact: Patty Charnas x493 Contact Phone #: RETURN TO: Patty Charnas RETURN BY: (person in Department) Date AMOUNT: $15,000 PROCESS: Revenue: Expenditure: $15,000 Matching Funds Required: Sources(s) of Matching Funds Step 1: REVIEW BY RISK Review by: Date Reviewed:' APPROVED FORM Comments ,xempt from Bid Process 'onsultant Selection Process 'ooperative Purchase 'ompetitive Sealed Bid mall Works Roster endor List Bid FP or RFQ ether: Grant Agreement ❑ Returned for revision (See Comments) Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: Date Reviewed: 12/13/2020 APPROVED AS TO FORM ❑ Returned for revision (See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL- signature authority delegated to County Administrator by formal BoCC motion on September 23, 2020 (This form to stay with contract throughout the contract review process.)