HomeMy WebLinkAboutThe Production Alliance Amendment COVID-19 - CA signed cAr)
AMENDED JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE
EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
This Amended Grant Agreement to Provide Emergency Assistance as a Result of the COVID-19
Pandemic ("Amended Agreement") by and between Jefferson County, a Washington political
subdivision (County), and StrongerTowns, a 501(c)(3) non-profit corporation doing business as
The Production Alliance (TPA or 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19; and that his prior proclamations are amended and superseded by a Proclamation to impose a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
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,
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Governor Jay Inslee subsequently issued amendatory Proclamations 20-06 through 20-53, 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 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 was 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 was 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
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
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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); and
WHEREAS, on November 9, 2020, the City of Port Townsend and Jefferson County
entered into an Interlocal Agreement committingto exclusive use a total of 777 665 of combined
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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 Countyfollowingthe economic downturn caused bythe 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,
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 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 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 Amended
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).
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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. This Amended Agreement amends and replaces the
agreement between the parties, which was effective February 9, 2021 ("Agreement"), when the
Agreement was last executed by the parties. The term of this Amended Agreement commenced on
February 9, 2021 and shall remain in effect until December 31, 2023, except for submittal of any
final invoices and the report referenced in Section 3 and Section 10, due no later than February 15,
2024. The term may be extended by written amendment pursuant to Section 16 of this Amended
Agreement. This Amended Agreement may be terminated by the County before the end of term
pursuant to Section 5 of this Amended Agreement. Eligible expenses incurred consistent with this
Amended Agreement starting March 1, 2020 or thereafter, but prior to its execution, are hereby
ratified.
2. Project Designation and Scope of Work. Grantee commits to carry out its project
to provide services for pandemic-emergency economic assistance, consistent with the November
9, 2020 Interlocal Agreement. The project will provide COVID-19 community assistance in
addressing the public health emergency or to provide economic assistance related to the pandemic.
The project entails mitigating the economic impacts of the pandemic through supporting resumed
cultural events and non-profit community festivals throughout East Jefferson County,and assisting
those organizations in adapting the operations of those outdoor events to safe public health
COVID-19 procedures current at that time. The project and its scope of work are further detailed
in Attachment A: Scope of Work and Budget, attached to this Amended Agreement and
incorporated herein.
3. Grant Payments. The Grantee shall be paid by the County for eligible expenses
under this Amended Agreement as follows:
a. The County agrees to provide the Grantee a total sum not to exceed $109,744 for
eligible expenses, including up to $66,555 on an advanced basis for eligible expenses
upon execution of this Amended Agreement for which Grantee shall provide
subsequent documentation of eligible expenditures, and up to $43,189 for eligible
expenditures on a reimbursement basis pursuant to this Amended Agreement including
Attachment A: Scope of Work and Budget, attached hereto and incorporated herein.
b. As described in Attachment A: Scope of Work and Budget:
i. Up to $53,775 of grant funds provided on an advanced basis may be expended for
the listed Equipment and Supplies in Phase I;
ii. Up to $26,000 of grant funds may be expended for TPA operations in Phase I,
including$12,780 provided on an advanced basis,and$13,220 on a reimbursement
basis;
iii. Up to $29,969 of grant funds may be expended for the first round of resumed
cultural events and community festivals in Phase II on a reimbursement basis;
iv. With prior written permission by the County,under-expenditures in Phase I may be
added to the funding for the first round of resumed cultural events and community
festivals in Phase II;
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v. Within each of the preceding categories, there is flexibility in line item costs,
provided all goods and services are provided within the total amount for that
category; and
vi. At the County's request, TPA shall return to the County any advanced funds the
County determines were not used for eligible expenses.
c. The Grantee shall submit invoices to the County once per month for eligible costs and
expenditures on the project. The Grantee will submit invoices and appropriate
supporting documentation such as records of supply orders, payments, vendor price
quotes; equipment and amenities rented for each event or festival, their approved at-
cost rate, grant subsidy to be applied and paid to TPA, and the resulting cost to the
event sponsor; or other documentation of eligible expenditures or reimbursements as
required by the County. Upon review and approval of each submittal by the County,
payment will be made to the Grantee using the County's normal bill paying process
and cycle. Payment is also contingent on prior submittal of progress reports required
by Section 10 of this Amended Agreement.
d. A Final invoice, final report and final project financial statement is due no later than
February 15, 2024. Final payment of any balance due the Grantee of the total grant
award will be made promptly upon completion of the project under this Amended
Agreement and upon review and approval by the County. The financial statement shall
include an accounting of grant revenues and expenditures under this Amended
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
Amended Agreement, including Attachment A: Scope of Work and Budget.
5. Termination. The County may terminate this Amended Agreement, for
convenience or otherwise and for no consideration or damages, upon 10 days prior written
notice to the Grantee.
In the event of any default by Grantee hereunder (including but not limited to failure to provide
the equipment for the intended purposes defined in this Amended Agreement),upon written notice
by the County to Grantee with regard to failure to perform, Grantee shall have fourteen (14) days
to cure the default to the County's satisfaction, or if not cured, then the County shall be entitled,
without further notice or demand, to give notice of termination.
Upon termination, any unexpended grant funds shall be returned to the County, and the County
may require that the Equipment and Supplies purchased under this Amended Agreement be turned
over, and ownership be transferred, to the City of Port Townsend or other entity named by the
County.
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6. Independent Contractor. Grantee and the County agree that Grantee is an
independent contractor with respect to the services provided pursuant to this Amended Agreement.
Nothing in this Amended Agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Grantee nor any employee of Grantee shall be
entitled to any benefits accorded County employees by virtue of the services provided under this
Amended Agreement. The County shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Grantee,or any employee of Grantee.
7. Indemnification. Grantee acknowledges that the designated project is the
Grantee's own project, and not the County's or the City of Port Townsend's. The Grantee
agrees to defend,indemnify and hold the County and the City of Port Townsend,their officers,
officials, employees, agents and volunteers (and their marital communities) harmless from
and against any and all claims, injuries, damages, losses or 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, volunteers, and/or agents
relating to the Grantees' performance or failure to perform under this Amended Agreement.
The section shall survive the expiration or termination of this Amended Agreement.
8. Insurance. Grantee shall obtain and keep in force during the term of this Amended
Agreement, policies of insurance as follows:
Worker's Compensation Insurance:
If and only if Grantee employs any person(s) in the status of an employee or a volunteer separate
from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of
Grantee, Worker's Compensation Insurance in an amount or amounts that are not less than the
required statutory minimum(s) as established by the State of Washington or the state or province
where Grantee is located.
Commercial Automobile Liability Insurance:
a. In the event Grantee shall own any vehicle during the term of this Amended Agreement,
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of work under this Amended Agreement for a combined single limit of not
less than$1,000,000 each occurrence.
b. For transport of the trailer or transport of the tents under this Amended Agreement by a
non-owned vehicle, Grantee shall obtain bodily injury and property damage liability
coverage for the non-owned vehicles assigned to or used in the performance of the transport
for a combined single limit of not less than$1,000,000 each occurrence.
c. The Grantee will ensure any third party drivers performing work under this Amended
Agreement, other than transport under paragraph b., shall obtain the following coverages
at a minimum: a limit of $25,000 for bodily injury or death of 1 person in any single
accident,$50,000 for bodily injury or death of 2 people in any single accident,and$10,000
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of property damage coverage in any single accident for their owned&non-owned vehicles
assigned to or used in the performance of their work.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars ($1,000,000)per occurrence and an aggregate of not less than two (2)times the occurrence
amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless
a greater amount is specified in the contract specifications. The insurance coverage shall contain
no limitations on the scope of the protection provided and include the following minimum
coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
d. Independent Contractors and subcontractors;
e. Blanket Contractual Liability.
General Terms for Automobile Liability and General Commercial Liability Insurance:
The County and the City of Port Townsend shall each be named under both policies as an
additional insured party in connection with Grantee's performance under this Amended
Agreement.
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance; or,
• Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15) days of execution of this Amended Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to
the approval of this Amended Agreement by the County. At the option of the County, the insurer
shall reduce or eliminate deductibles or self-insured retention or Grantee shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Grantee shall include all subcontractors as insured under its insurance policies or shall furnish
separate certificates and endorsements for each subcontractor. All insurance provisions for
subcontractors shall be subject to all of the requirements stated herein.
Failure of Grantee to take out and/or maintain any required insurance shall not relieve Grantee
from any liability under this Amended Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
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It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County or the City of Port Townsend(including their employees,officers,officials,volunteers and
other agents and agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses covered by the
above described insurance. It is further agreed by the parties that insurance companies issuing the
policy or policies shall have no recourse against the County (including its employees and other
agents and agencies) for payment of any premiums or for assessments under any form of policy.
It is further agreed by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of Grantee.
It is agreed by the parties that judgments for which the County or the City of Port Townsend may
be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld
from payment due,or to become due,to Grantee until such time as Grantee shall furnish additional
security covering such judgment as may be determined by the County.
The County and the City of Port Townsend reserve the right to request additional insurance on an
individual basis for extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance
Grantee must provide in order to comply with this Amended Agreement.
If the proof of insurance or certificate indicating that both the County and the City of Port
Townsend is an "additional insured"to a policy obtained by Grantee refers to an endorsement(by
number or name) but does not provide the full text of that endorsement, then it shall be the
obligation of Grantee to obtain the full text of that endorsement and forward that full text to the
County.
The County may,upon Grantee's failure to comply with all provisions of this Amended Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to Grantee.
9. 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
Amended Agreement.
10. Reports. Grantee shall provide the County a final project report and a financial
report about its project, including each of its three Phases, on or before February 15, 2024. At a
minimum the report shall briefly describe the specific activities performed, identifying events and
festivals served, duration and their sponsors, specific populations served (by geographic region if
available), usage statistics for the equipment and amenities, and include any known or intended
outcomes,results or community impacts from the project. The financial report for the project shall
identify grant revenues received under this Amended 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.
In addition, Grantee shall provide the following progress reports:
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a. 30 days after Phase I Start-up and Administration: Grantee will report on Phase I, at a
minimum including:
(i) A description and status report on TPA's Phase I activities: creating a reservation
and billing system for using the equipment, recruiting and training staff and
volunteers in set up and operation, hosting a training event followed by an open
house to showcase the equipment,using the outdoor gathering facilities for the 2021
Port Townsend and Chimacum High School graduations, and grant administration
activities.
(ii) A description and accounting of all equipment and amenities purchased, the
expenditure on each item,and total equipment and amenity expenditures compared
to the budgeted amount paid in advance;
(iii)A description and accounting of all services and supplies provided or purchased,
the expenditure on each,total service and supply expenditures that were made from
grant funds paid in advance compared to the budgeted amount paid in advance,and
total service and supply expenditures that were made on a reimbursement basis,
compared to the budgeted amount for reimbursement;
(iv)describe the types of challenges or problems encountered, their impacts, and how
the challenges or problems were mitigated,
b. January 30, 2022: Year-end report for 2021: Grantee will report about activities in the
prior calendar year, at a minimum including:
(i) both Phase I activities and all activities with the first round of resumed cultural
events and community festivals in Phase II;
(ii) a list of the events and their sponsors that used the equipment and amenities, each
event's duration, and number of attendees and characterization of the specific
populations served, if known,
(iii) list and quantify use of equipment and amenities provided, including at-cost rates
and subsidies applied to them;
(iv)describe the types of challenges or problems encountered, their impacts, and how
the challenges or problems were mitigated,
(v) summarize financial information for the preceding calendar year, such as but not
limited to: a Phase I and Phase II breakdown, and for Phase II events, a financial
summary of the events serviced at TPA's approved "at-cost" rate(s) and the grant
subsidies, as well as how TPA's actual costs may have differed from TPA's
approved"at-cost"rate.
c. 30 days after Phase II's first round of resumed cultural events and community festivals
is complete: Grantee will report on Phase II, at a minimum including the same types of
information as the year-end report for 2021,but restricted to Phase II for the entirety of
Phase II.
d. January 30, 2023: Year-end report for 2022: Grantee will report about activities in the
prior calendar year, at a minimum including:
(i) both Phase II activities and Phase III activities, including the same types of
information as the year-end report for 2021 on Phase II activities, but broken out
separately for Phase II and Phase III;
(ii) summarize financial information for the preceding calendar year, such as but not
limited to: a Phase II and Phase III breakdown, including a financial summary of
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events serviced with grant subsidy in Phase II, and events at TPA's approved "at-
cost" rate(s) in Phase III (including the second round of listed events and festivals
as well as any additional non-profits that used the equipment and amenities at the
approved at-cost rate), as well as how TPA's actual costs may have differed from
TPA's approved "at-cost"rate.
11. Maintenance and Audit of Records. The Grantee shall maintain records, books,
documents, and other materials relevant to its performance under this Amended 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 Amended Agreement, the Grantee
agrees to promptly reimburse the County for such payments upon request.
12. 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
Megan Claflin, Director of Development
1239 Taylor Street
Port Townsend, WA. 98368
360-305-8488
meganc theproductionallfiance.org
Jefferson County
Mark McCauley, Central Services Director
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
360-385-9100
MMcCauley@co,jefferson.wa.us
13. 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 Amended 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 Amended Agreement.
14. 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.
15. Time. Time is of the essence in this Amended Agreement.
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16. Survival. The provisions of this Amended Agreement that by their sense and
purpose should survive expiration or termination of this Amended Agreement shall so
survive. Those provisions include without limitation Indemnification and Maintenance and
Audit of Records.
17. Amendment. No amendment or modification to this Amended Agreement will
be effective except by written amendment executed by both patties in the same manner as in
this Amended Agreement.
18. Governing Law; Venue. This Amended 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 Amended 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.
19. 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.
20. Binding Effect. This Amended Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors.
21. Assignment. Neither party shall assign or transfer any of its interests in or
obligations under this Amended Agreement without the prior written consent of the other
party.
22. Entire Agreement. This Amended Agreement constitutes the entire agreement
between the County and the Grantee for the use of funds received under this Amended
Agreement and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between the parties with respect to this Amended
Agreement.
23. 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 Amended 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
Amended Agreement.
24. Severability. In the event that one or more provisions of this Amended Agreement
shall be determined to be invalid by any court of competent jurisdiction or agency having
jurisdiction thereof,the remainder of this Amended Agreement shall remain in full force and effect
and the invalid provisions shall be deemed deleted.
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25. Counterparts. This Amended 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.
26. Authorization. Each party warrants to the other party,that the person executing
this Amended Agreement on its behalf has the full power and authority to do so.
27. Public Records Act. Notwithstanding any provisions of this Amended
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 Amended Agreement.
IN WITNESS WHEREOF, this Amended Agreement is executed and shall
become effective as of the last date signed below.
JEFFERSON COUNTY,WASHINGTON STRONGER TOWNS dba THE
PRODUCTION ALLIANCE(GRANTEE)
By the authority granted to the undersigned on
October 26, 2020 during the Board of County
Commissioners' Open Sessio
Ciic/./ 47'7 tie*/
By / By:
Mark auley, TE Megan ,laflin ATE
Interim County Administrator Director of Development
Approved as to form only:
By: 0-). (.
Philip C. Hunsucker A' 'E
Chief Civil Deputy Prosecuting Attorney
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ATTACHMENT A: SCOPE OF WORK & BUDGET
BACKGROUND:
StrongerTowns, a 501(c)(3) non-profit corporation doing business as The Production Alliance, is
a premier event management and community engagement organization with a history of successful
project management and public/private collaborations. TPA's mission is to create joy, to inspire
engagement, to build resilient communities. Through inclusive and dynamic gatherings, TPA
celebrates cultural heritage and "sense of place" as conduits for positive social change and
improved quality of life.
This Scope of Work and Budget was developed by the TPA and County,with extensive input from
the 2020 ICC Arts & Culture Committee and the City of Port Townsend, in coordination with
Good Man Sanitation under a separate County COVID grant, so restrooms could be provided for
the gathering spaces.
PROJECT OVERVIEW
The Production Alliance ("TPA")will use up to $109,744 in COVID emergency grant funds from
Jefferson County ("County") to support the acquisition, operation, and maintenance of specific
equipment to serve COVID relief efforts. The proposed project will include the following:
2020-2021: PHASE I—Start-up & Administration: TPA will coordinate as appropriate
with the County, City, ICC Arts & Culture Group and others to plan the project to support
safely resuming outdoor non-profit cultural events and community festivals. TPA will
research and purchase outdoor gathering space equipment and amenities for the events and
festivals, create a reservation and billing system for using the equipment, recruit and train
staff and volunteers in set up and operation, host a training event followed by an open
house to showcase the equipment, and inaugurate use of the outdoor gathering facilities for
the 2021 Port Townsend and Chimacum High School graduations. Grant Administration
is also included in Phase I, but will continue throughout the term of this Amended
Agreement. See below for details.
2021-2022: PHASE II — Subsidized Outdoor Gathering Spaces for First Round of
Resumed Cultural Events and Community Festivals: Using the equipment and
amenities procured in Phase I and using grant funds, in Phase II TPA will make available
and operate gathering equipment and amenities for the first round of resumed outdoor non-
profit cultural events and community festivals in East Jefferson County with a subsidy
applied to the approved at-cost rates. In so doing, Phase II will not only mitigate the
economic impacts of the pandemic on those non-profit organizations, but will also assist
those organizations in adapting to public health COVID-19 procedures that may be current
at that time. See below for details.
2022-2023: PHASE III — At-Cost Outdoor Gathering Spaces for Second Round of
Resumed Cultural Events and Community Festivals: in Phase III, TPA will make
available and operate the gathering equipment and amenities for a second round of resumed
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non-profit cultural events and community festivals in East Jefferson County, and shall do
so at the approved at-cost rates. In so doing, Phase III will continue to mitigate the
economic impacts of the pandemic on those non-profit organizations, and will also
continue to assist the organizations in adapting to public health COVID-19 procedures that
may be current at that time. See below for details.
EQUIPMENT & SUPPLIES
In collaboration with the ICC Arts&Culture Committee and the City of Port Townsend, TPA has
researched and vetted regional vendors to identify which can deliver the highest-quality,affordable
equipment and amenities for this project, as outlined below. TPA shall have discretion over the
brand/manufacturer, quantity, and cost of each item, provided the total cost falls within the total
budget of$53,775 for Equipment and Supplies, and the item meets the intended purposes under
this Amended Agreement.
Approx.
Quantity Item
1 40' x 40' Euro Tent with sidewalls, bolt package, stakes
1 30' x 40' Celebration Frame Tent with sidewalls, bolt package, stakes
1 24' Covered Utility Trailer, license & tabs, mat & shelves for transport &
storage
1 20' x 32' Stage
2 Ductable Propane Heaters, Ducting & Cages
2 Umbrella Patio Heaters
4 Automatic Hand Sanitizer Dispensers
2 Tag 4 Handwashing Stations
4 LED Flood Lights with Controller
4 50' Extension Cords
1 100' Extension Cord
2 Portable Propane-Fueled Generators
12 5 Gallon Propane Tanks
1 5 Gallon Gas Can
1 Case of Liquid Soap Refills
2 12' Folding Ladders
4 Heavy-duty Totes for lighting&tents
Safety Equipment
Security Equipment
Janitorial Equipment& Supplies
Once grant funds are received, TPA will acquire the aforementioned equipment and amenities and
shall own all items outright except as provided in Section 4 of this Amended Agreement, shall
manage all items as property of TPA, and steward these items as public assets. TPA will assume
responsibility for:
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• Insuring all equipment
• Scheduling and receiving of equipment
• Coordinating with vendors to receive training in equipment SOPs and safety features
• Transporting, storing, and maintaining all equipment
• Managing reservations and scheduling equipment use
• Assembling and positioning equipment in designated special event areas
• Assisting users in securing proper permits for use of tents and other equipment for public
and/or special events
• Assessing equipment condition before/after each use and managing necessary repairs
• Recruiting and training subcontractors to perform specific services
• Develop inclement weather and public safety plans
• Market and promote equipment to public and private markets
• Assess reasonable fees as described in this Amended Agreement, oversee billing and
collection
• Report any necessary updates or project outcomes to funding source
TPA recognizes that this COVID grant is intended to support the recovery of the arts and culture
sector and community from the impacts of the COVID pandemic, with associated benefits
throughout the economy Jefferson County, and will do its due diligence to operate and maintain
these assets secured with public funds as an honorable steward.
2020-2021: PHASE I—Start-up & Administration:
TPA will coordinate as appropriate with the County, City, ICC Arts & Culture Group and others
to plan the project to support safely resuming non-profit outdoor cultural events and non-profit
outdoor community festivals. TPA will research and purchase outdoor gathering space equipment
and amenities for the events and festivals; create a reservation and billing system for using the
equipment, recruit and train staff and volunteers in set up and operation, host a training event
followed by an open house to showcase the equipment,and inaugurate use of the outdoor gathering
facilities for the 2021 Port Townsend and Chimacum High School graduations. Grant
Administration is also included in Phase I,but will continue throughout the term of this Amended
Agreement.
In particular, TPA will coordinate purchase and delivery of all equipment and amenities;
coordinate with the County regarding insurance coverage; undertake website development and
web page design for public education and community outreach; develop and test a reservation
system; prepare a billing system; and perform ongoing grant administration, grant billing, and
reporting.
TPA will host a Team Training, June 10-13, 2021, to ensure the safe and efficient operation and
management of COVID-safe outdoor gathering space equipment and amenities in a manner
compliant to the mandates of federal, state and local COVID guidelines. As a value-added,
community benefit the project equipment and amenities will be made available at zero cost to Port
Townsend High School and Chimacum High School for 2021 graduation ceremonies during that
period. After these ceremonies conclude, TPA will offer a Community Open House. Local arts
and culture and community festival nonprofits in East Jefferson County will be invited to come
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and see the equipment and amenities setup and in use. TPA will offer a brief presentation to
familiarize all organizations with the equipment, intended use, reservations system, at cost rates
and subsidy availability.
2021-2022: PHASE II—Subsidized Outdoor Gathering Spaces for First Round of Resumed
Cultural Events and Community Festivals: Using the equipment and amenities procured in
Phase I and using grant funds, in Phase II TPA will make available and operate gathering
equipment and amenities for the first round of resumed outdoor non-profit cultural events and
community festivals in East Jefferson County with a subsidy applied to the approved at-cost rates.
In so doing, Phase II will not only mitigate the economic impacts of the pandemic on those non-
profit organizations, but will also assist the organizations in adapting to public health COVID-19
procedures that may be current at that time.
Before providing equipment or amenities to the first resumed event or festival in Phase II, TPA
will present for County and City of Port Townsend written approval a list of TPA equipment and
amenities that will be made available at cost or at a subsidized cost to eligible events and festivals
through this grant project,including a budget breakdown justifying TPA's proposed"at-cost"rate
schedule for each item,including associated setup and operation cost. TPA may propose including
in the list other TPA equipment and amenities to support resumed events and schedules in addition
to those procured under this grant, which additions shall be subject to allowance by the City and
County for subsidy in Phase II, as well as approval by the City and County of the cost schedule
for each.
Upon review and approval by the City and County of the allowed list of equipment and amenities
and their associated at-cost rate schedule,in Phase II,TPA will apply grant funding of up to$1,765
per reservation of the allowed TPA equipment and amenities for approximately 17 or more eligible
outdoor cultural events or community festivals,to subsidize the approved "at-cost" rates, thereby
discounting the cost to the event or festival sponsor. If a portion of the$1,765 subsidy for an event
or festival remains after applying the subsidy to the eligible TPA equipment and amenities, the
remaining portion of the $1,765 subsidy may be applied to the cost for renting portable restroom
facilities for the event or festival. Total grant funding used to subsidize the equipment and
amenities used for outdoor non-profit cultural events and festivals in Phase II shall not exceed
$29,969, unless the County provides prior written approval pursuant to Section 2 Grant Payments
of this Amended Agreement.
As TPA gains further experience in the actual cost of operating the equipment and amenities, or
as operating costs change, it can propose adjustments to its "at cost" rate schedule for City and
County review and approval.
A tentative list of resumed outdoor cultural events&community festivals in East Jefferson County
for Phase II is shown on the next page. The list of eligible outdoor events and festivals run by
non-profit organizations may be modified with prior written County approval, particularly if
equipment, amenities and grant funding in Phase II are being under-utilized.
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Tentative List of Cultural Events& Community Festivals
for Gathering Space of Tents&Amenities
1. PT Strange Brewfest—estimated to resume in January 2022
2. Brinnon Loyalty Day Parade—estimated to resume in April 2022
3. Rhody Festival&Cake Picnic—estimated to resume in May 2022
4. Rhody Run—estimated to resume in May 2022
5. Shrimpfest—estimated to resume in May 2022
6. Victorian Festival&Brass Screw Steampunk—estimated to resume in June 2022
7. Fourth of July—estimated to resume in 2021 or 2022
8. Hadlock Block Party—estimated to resume in August 2021 or 2022
9. All County Picnic—estimated to resume in August 2021 or 2022
10. Uptown Street Fair—estimated to resume in August 2021 or 2022
11. Plays in the Park(KCPT)—estimated to resume in August 2021 or 2022
12. Farm Tour—estimated to resume in September 2021
13. PT Film Festival—estimated to resume in September 2021
14. Wooden Boat Festival—estimated to resume in September 2021
15. Quilcene Fair&Parade—estimated to resume in September 2021
16. Kinetic Sculpture Race—estimated to resume in October 2021
17. Girls' Night Out—estimated to resume in October 2021
18. Small Business Saturday—estimated to resume in November 2021
19. First Night—estimated to resume in December 2021
2022-2023: PHASE III—At-Cost Outdoor Gathering Spaces for Second Round of Resumed
Cultural Events and Community Festivals: in Phase III, TPA will make available and operate
the outdoor gathering equipment and amenities for a second round of resumed cultural events and
community festivals, and shall do so at the approved at-cost rates. In so doing, Phase III will
continue to mitigate the economic impacts of the pandemic on those organizations, and will also
continue to assist local non-profit organizations in adapting to public health COVID-19 procedures
that may be current at that time.
Within TPA's capacity and after first supporting the events identified through Phase II, TPA will
support the continued economic recovery of the arts and culture sector in East Jefferson County
and support that sector's associated economic benefits, by providing additional non-profit
organizations with outdoor gathering equipment and amenities at TPA's approved "at cost" rate
through the end of 2023, which is below market rate.
Jefferson County non-profit organizations will be allowed to submit requests to reserve and utilize
the equipment and amenities at the approved "at cost" rate for up to seven days at a time. In
approving reservations,TPA will make every effort to ensure equitable distribution of reservations
among the different non-profit organizations, and to ensure that all areas of the county including
the communities of Brinnon, Quilcene, and Chimacum have equitable access to these resources.
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PROVISIONS APPLICABLE TO PHASE I, PHASE II AND PHASE III
All cultural events,community festivals or other events utilizing equipment and amenities in Phase
I, Phase II or Phase III of this Amended Agreement shall be required to adhere to all applicable
federal, state and local public health requirements for COVID-19 as a condition for utilizing the
equipment and amenities.
If local law requires any event or festival held using the equipment or amenities through this grant
to obtain a Special Event Permit from the City or County, the sponsor shall be required to obtain
the permit, and operation of the event or festival and associated equipment and amenities under
this grant shall adhere to the conditions within such permit.
The gathering equipment and amenities under this Amended Agreement are reserved by TPA at
the outset for use for the following events:
• Fourth of July - Saturday& Sunday, July for 2 days
• All County Picnic(s) - Saturday& Sunday, August for 2 days
• Jefferson County Farm Tour- Saturday& Sunday, September for 2 days
• Olympic Apple & Cider Festival - Saturday& Sunday, October for 2 days
• Chimacum Arts & Crafts Fair- Saturday& Sunday, December for 2 days
• First Night Port Townsend—December for 6 days
The costs of any event planning,promotion,or event operation services TPA may provide an event
or festival sponsor, other than providing and operating the equipment and amenities as described
in this Amended Agreement, are not included in this Amended Agreement and are not eligible for
cost subsidy under this Amended Agreement.
After first offering non-profits the opportunity to reserve the equipment and amenities in Phase II
and Phase III, TPA is also permitted to market and rent the resources to private parties and
businesses at market rate. Such activity is not included in this Amended Agreement and is not
eligible for cost subsidy under this Amended Agreement.
Regarding booking/reserving the equipment and amenities, in each year of this Amended
Agreement, TPA agrees to prioritize use by Jefferson County non-profits before making the
equipment and amenities available to private parties and businesses. The resources will be
marketed to local nonprofits beginning in 2021 and non-profits will be able to submit their priority
use dates during a specified period in each year of this Amended Agreement.
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Project Budget
The County will provide the Grantee a total COVID grant sum not to exceed $109,744 for eligible
expenses, including:
• Up to $66,555 on an advanced basis upon execution of this Amended Agreement for
eligible expenses as shown in the budget table below, provided that Grantee shall
subsequently provide documentation of eligible expenditures, and
• Up to$43,189 for eligible expenditures on a reimbursement basis pursuant to this Amended
Agreement and as shown in the budget table below.
Also, as shown in the budget table below,
,
• Up to $53,775 of grant funds may be expended for the listed Equipment and Supplies in
Phase I;
• Up to $26,000 of grant funds may be expended for TPA operations the Phase I, including
$12,780 provided on an advanced basis, and $13,220 on a reimbursement basis;
• Up to $29,969 of grant funds may be expended for the first round of resumed cultural
events and community festivals in Phase II on a reimbursement basis.
With prior written permission by the County, under-expenditures in Phase I may be added to the
funding for the first round of resumed cultural events and community festivals in Phase II.
At the County's request,TPA shall return to the County any advanced funds the County determines
were not used for eligible expenses.
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Budget Table
Item I
Quantity Actual or Est'd
REVENUE $Value
Original$124,602 COVID Grant minus$38,858 Grant to Good Man $ 85,744
Sanitation
Additional County Support for COVID Community assistance $ 24,000
subttl COVID Grant to TPA $ 109,744
EXPENDITURES Quantity I Actual or Est'd Up Front Reimbursed or
$
2021-PHASE I-Set Up for Resumed Cultural Events/Festivals/Community Eve tsalue Billed Monthly
EQUIPMENT AND SUPPLIES
2 Large Tents 2 $ 24,656
40'x 40'Euro Tent with Sidewalls,Bolt package,Stakes $ 24,656
30'x 40'Celebration Frame Tent with Sidewalls,Bolt package,Stakes
24'Covered Utility Trailer 1 $ 11,976
Licensing and tab for first year $ 11,976
1 $ 1,187 $ 1,187
Shelving for Trailer 1 $ 382
Gathering Space Amenities $ 382
Stage-adjustable up to 28'x32' $ -
Ductable Propane Heater
2 1 $ 3,273 $ 3,273
$ 1,951 $ 1,951
Ducting sets for Heaters 2 $ 546
Umbrella Patio Heaters $ 546
2 $ 655 $ 655
Five Gallon Propane Tanks 12 $ 150
Portable Generators $ 150
Cages for heaters,propane&generator 2 $ 2,438 $ 2,438
2 $ 327 $ 327
LED Specialty Lights 4 $ 590
50'Extension Cords $ 590
4 $ 308 $ 308
100'Extension Cord 1 $ 109
Automatic Hand Sanitizer Dispensers $ 109
4 $ 343 $ 343
Security Equipment(Chains&Locks) 2-4 $ 262
Tag 4 Handwashing Station $
$ 262
12'Folding Ladder 2 $ 1,718 $ 1,718
Heavy Duty Totes for Lighting&Tents 2 $ 546 $ 546
Mat for Trailer Tail 4 $ 218 $ 218
Parking Cones 1 $ 55 $ 55
Safety Vests $ 327 $ 327
Safety Wands $ 218 $ 218
Event Traffic Signs $ 87 $ 87
Broom&Dust Pan $ 327 $ 327
1 $ 33 $ 33
5-gallon Gas Can 1 $ 44
Janitorial Supplies $ 44
Zip Ties $ 109 $ 109
Face Masks $ 22 $ 22
Miscellaneous $ 44 $ 44
subttl Equipment&Supplies $ 875 $ 875
$ 53,775 $ 53,775 $ _
OPERATIONS AND ADMINISTRATION
Start-up Operations Mgmt&Administration $ 10,000
Coordination with County,City,ICCNts&Culture i.e.location scouting, $ 1,780 $ 8,220
logistics,etc. permitting,
ng,
Vendor research,equipment and amenities purchasing,delivery coordination,
billing
Coordination of insurance coverage
Core team recruitment and coordination
Trailer pick-up(Portland,OR)and customization for tent and equipment storage
Liability Insurance
Core Team Training:Equipment&Amenities Setup&Breakdown $ 5,000
Two-day training event for 8-10 ppl includes technical equipment,safe $ 5,000 $ _
weather training inclement
Graduation Venue,Community Open House
$ 4,500 $ 4,500 $
&Nonprofit Partner Training
Venue for Port Townsend High School Graduation
Venue for Chimacum High School Graduation
One-to two-day training event for familiarizing nonprofits with Tentacity and
training staff/volunteers for future use
Equipment Reservation Webs ite Development&Page Design $ 500
Reservations System Development&User Testing $ $ 500 $ _
Grant Administration $ 1,000 $ 1,000 $ _
subtotal for TPA Operations Phase $ 5,000 $ - $ 5,000
$ 26,000 $ 12,780 $ 13,220
PHASE I BUDGET
$ 79,775 $ 66,555 $ 13,220
(Budget Table continued on next page)
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Budget Table (cont.)
Up to#of TTL$Value Up Front Reimbursed or
Events Billed Monthly
2021,2022-PHASE II-Tents for 1st Resumed Cultural 17 $ 29,969 $ - $ 29,969
Events/Festivals/Community Events-paid subsidy up to
$1,765 per event against"at cost"rate
PHASE II BUDGET $ 29,969 $ - $ 29,969
Expenditures+paid subsidies so Resumed Events can use tents&
amenities for less than"at cost"
TOTAL GRANT EXPENDITURES $ 109,744 $ 66,555 $ 43,189
Up to#of TTL$Value
Events
2021,2022,2023 PHASE III-up to 43 Cultural Events/ 43 tbd
Festivals/Community Events-credit for at-cost rate compared
to market rate
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.
Payment—Reimbursement of Eligible Project Costs
The Grantee will submit purchase orders or advances invoices and appropriate supporting
documentation such as, 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 Amended Agreement prior to payment.
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JCpk0 e _ro 31 ,elain i
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 StrongerTowns, a 501(c)(3)non-profit corporation doing business as The Production
Alliance(TPA or 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
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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;
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, 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 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
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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 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,
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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
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 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 December 31, 2023, except for submittal of any
final invoices and the report referenced in Section 3 and Section 10,due no later than February 15,
2024. 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 and Scope of Work. Grantee commits to carry out its project
to provide short-term, publicly accessible, outdoor spaces in the Uptown and Downtown historic
districts that support businesses adhering to the Governor's Order by providing residents and
visitors additional sanitation amenities and outdoor public space for safe physical distancing in a
manner compliant to the mandates and guidelines of Safe Start WA, followed by services for
pandemic-emergency economic assistance, consistent with the November 9, 2020 Interlocal
Agreement and as further detailed in Attachment A: Scope of Work and Budget, attached to this
Agreement and incorporated herein,to provide COVID-19 community assistance in addressing
the public health emergency or to provide economic assistance related to the pandemic.
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3. Grant Payments. The Grantee shall be paid by the County for eligible expenses
under this Agreement as follows:
a. The County agrees to provide the Grantee a total sum not to exceed $109,937 for
eligible expenses, including up to $66,555 on an advanced basis for eligible expenses
upon execution of this Agreement and shall provide subsequent documentation of
eligible expenditures, and up to $43,382 for eligible expenditures on a reimbursement
basis pursuant to this Agreement including Attachment A: Scope of Work and
Budget.
b. As described in Attachment A: Scope of Work and Budget:
i. Up to$53,879 of grant funds may be expended for the listed Equipment and
Supplies;
ii. Up to$38,541 of grant funds may be expended for the Initial Services through the
90 days service period;
iii. Up to$17,517 of grant funds may be expended for the Resumed Cultural Events
and Community Festivals;
iv. With prior written permission by the County, under-expenditures in Equipment
and Supplies, and/or in the 90 days Service Period, may be applied to extend the
90 day Service Period or be added to the funding for the Resumed Cultural Events
and Community Festivals;
v. Within each of the preceding categories,there is flexibility in line item costs,
provided all goods and services are provided within the total amount for that
category;and
vi. At the County's request, TPA shall return to the County any advanced funds the
County determines were not used for eligible expenses.
c. The Grantee shall submit invoices to the County once per month for eligible costs and
expenditures on the project. The Grantee will submit invoices and appropriate
supporting documentation such as records of supply orders, payments, vendor price
quotes, or other documentation of eligible expenditures as required by the County.
Upon review and approval of each submittal by the County, payment will be made to
the Grantee using the County's normal bill paying process and cycle. Payment is also
contingent on prior submittal of progress reports required by Section 10 of this
Agreement.
d. A Final invoice, final report and final project financial statement is due no later than
February 15, 2024. 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
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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.
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.
In the event of any default by Grantee hereunder(including but not limited to failure to provide
the equipment for the intended purposes defined in this Agreement), upon written notice by the
County to Grantee with regard to failure to perform, Grantee shall have fourteen(14)days to
cure the default to the County's satisfaction, or if not cured,then the County shall be entitled,
without further notice or demand, to give notice of termination.
Upon termination, any unexpended grant funds shall be returned to the County, and the County
may require that the Equipment and Supplies purchased under this Agreement be turned over,
and ownership be transferred,to the City of Port Townsend or other entity named by the County.
6. Independent Contractor. Grantee and the County agree that Grantee is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Grantee nor any employee of Grantee shall be
entitled to any benefits accorded County employees by virtue of the services provided under
this agreement. The County shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program,otherwise assuming the duties of an employer with respect to Grantee, or any
employee of Grantee.
7. Indemnification. Grantee acknowledges that the designated project is the
Grantee's own project, and not the County's or the City of Port Townsend's. The Grantee
agrees to defend, indemnify and hold the County and the City of Port Townsend,their
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, 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
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to perform under this Agreement. The section shall survive the expiration or termination of
this Agreement.
8. Insurance. Grantee shall obtain and keep in force during the term of the
Agreement, policies of insurance as follows:
If and only if Grantee employs any person(s) in the status of employee or employees separate
from or in addition to any equity owners, sole proprietor,partners, owners or shareholders of
Grantee, Worker's Compensation Insurance in an amount or amounts that are not less than the
required statutory minimum(s) as established by the State of Washington or the state or province
where Grantee is located.
Commercial Automobile Liability Insurance:
a. In the event Grantee shall own any vehicle during the term of this Agreement,
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of work under this Agreement for a combined single limit of not less
than$1,000,000 each occurrence.
b. For transport of the trailer or transport of the tents under this Agreement by a non-owned
vehicle, Grantee shall obtain bodily injury and property damage liability coverage for the
non-owned vehicles assigned to or used in the performance of the transport for a
combined single limit of not less than $1,000,000 each occurrence.
c. The Grantee will ensure any third party drivers performing work under this Agreement,
other than transport under paragraph b., shall obtain the following coverages at a
minimum: a limit of$25,000 for bodily injury or death of 1 person in any single accident,
$50,000 for bodily injury or death of 2 people in any single accident,and$10,000 of
property damage coverage in any single accident for their owned&non-owned vehicles
assigned to or used in the performance of their work.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars($1,000,000)per occurrence and an aggregate of not less than two (2)times the
occurrence amount($2,000,000.00 minimum)for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications.The insurance
coverage shall contain no limitations on the scope of the protection provided and include the
following minimum coverage:
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a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
d. Independent Contractors and subcontractors;
e. Blanket Contractual Liability.
General Terms for Automobile Liability and General Commercial Liability Insurance:
The County and the City of Port Townsend shall each be named under both policies as an
additional insured party in connection with Grantee's performance under this Agreement.
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance;
• Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of the Agreement by the County. At the option of the County,the insurer shall
reduce or eliminate deductibles or self-insured retention or Grantee shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Grantee shall include all subcontractors as insured under its insurance policies or shall furnish
separate certificates and endorsements for each subcontractor. All insurance provisions for
subcontractors shall be subject to all of the requirements stated herein.
Failure of Grantee to take out and/or maintain any required insurance shall not relieve Grantee
from any liability under the Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance. It is further agreed by the
parties that insurance companies issuing the policy or policies shall have no recourse against the
County(including its employees and other agents and agencies) for payment of any premiums or
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for assessments under any form of policy. It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk
of Grantee.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment due, or
to become due,to Grantee until such time as Grantee shall furnish additional security covering
such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a"Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance
Grantee must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by Grantee refers to an endorsement(by number or name)but does not provide the full
text of that endorsement,then it shall be the obligation of Grantee to obtain the full text of that
endorsement and forward that full text to the County.
The County may, upon Grantee's failure to comply with all provisions of this Agreement relating
to insurance,withhold payment or compensation that would otherwise be due to Grantee.
9. 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.
10. Reports. Grantee shall provide the County a final project report and a financial
report about its project, including each of its three Phases, on or before February 15, 2024. 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.
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In addition, Grantee shall provide the following progress reports:
a. 30 days after Phase I Initial Service period of 90 or more days: Grantee will report on
Phase I, including:
(i) the number of days each tent was up and open to the public and the operating
hours,
(ii) list and quantify use of amenities provided at each tent location;
(iii)any qualitative or quantitative measures of tent usage by individuals and
organizations, and specific populations served if known,
(iv)specific programs created or utilized and include any known or intended
outcomes, results or community impacts including their benefits to local
businesses and the community at large;
(v) describe the types of challenges or problems encountered, their impacts,and how
the challenges or problems were mitigated,
(vi) summarize financial information from the start,through the end of Phase I,
including a summary of revenues and expenditures, and a breakdown of TPA's
"at-cost"rate for events.
b. January 30, 2022: Year-end report for 2021: Grantee will report about activities in the
prior calendar year, including:
(i) both Phase I activities and all activities with Resumed Cultural Events and
Community Festivals in Phase II;
(ii)the number of events and days each tent was up and open to the public and the
operating hours,
(iii)list and quantify use of amenities provided;
(iv)any qualitative or quantitative measures of tent usage by individuals and
organizations, and specific populations served if known,
(v) specific programs created or utilized and include any known or intended
outcomes, results or community impacts including their benefits to local
businesses and the community at large;
(vi)describe the types of challenges or problems encountered,their impacts, and how
the challenges or problems were mitigated,
(vii) summarize financial information for the preceding calendar year, such as
but not limited to: a Phase I and Phase II breakdown, and for events, a summary
of events serviced at TPA's approved"at-cost"rate(s) and grant discounts given,
as well as how TPA's actual costs may have differed from TPA's approved "at-
cost"rate.
c. 30 days after Phase II's first round of Resumed Cultural Events and Community
Festivals is complete: Grantee will report on Phase II, the same types of information
as the year-end report for 2021, but restricted to Phase II for the entirety of Phase II.
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d. January 30, 2023: Year-end report for 2022: Grantee will report about activities in the
prior calendar year, including:
(i) both Phase II activities and Phase III activities, including the same types of
information as the year-end report for 2021, but for Phase II and Phase III
activities;
(ii) summarize financial information for the preceding calendar year, such as but not
limited to: a Phase II and Phase III breakdown, including a summary of events
serviced at TPA's approved"at-cost"rate(s) and grant discounts given, as well as
how TPA's actual costs may have differed from TPA's approved"at-cost"rate.
11. 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.
12. 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
Megan Claflin, Director of Development
1239 Taylor Street
Port Townsend, WA. 98368
360-305-8488
megan(a theproductionalliance.org
Jefferson County
Mark McCauley, Central Services Director
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
360-385-9100
MMcCauley@co.jefferson.wa.us
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13. 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.
14. 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.
15. Time. Time is of the essence in this Agreement.
16. 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.
17. 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.
18. 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.
19. 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.
20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors.
21. 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.
22. 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.
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23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF,this Agreement is executed and shall become
effective as of the last date signed below.
JEFFERSON COUNTY,WASHINGTON STRONGER TOWNS dba THE
By the authority granted to the undersigned on PRODUCTION ALLIANCE(GRANTEE)
October 26,2020 during the Board of County
Commissioners' Open Session
(/)///V/ 7 7 r./i G).2/O l/7v2/
( `= hilip DATE M Claflin ` DATE
County Administrator Director of Development
Approved as to form only:
By: February 9,2021
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
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ATTACHMENT A: SCOPE OF WORK& BUDGET
Background:
StrongerTowns, a 501(c)(3)non-profit corporation doing business as The Production Alliance, is
a premier event management and community engagement organization with a history of
successful project management and public/private collaborations. TPA's mission is to create joy,
to inspire engagement, to build resilient communities. Through inclusive and dynamic
gatherings, TPA celebrates cultural heritage and "sense of place"as conduits for positive social
change and improved quality of life.
This Scope of Work and Budget were developed by the TPA and County, with extensive input
from the 2020 ICC Arts &Culture Committee and the City of Port Townsend, in coordination
with Good Man Sanitation under a separate County COVID grant, so restrooms would be
provided for the gathering spaces.
Project Overview
The Production Alliance("TPA")will use up to $109,937 in COVID emergency grant funds
from Jefferson County, Washington ("County")to support the acquisition, operation, and
maintenance of specific equipment to serve COVID relief efforts.The proposed project will:
1. 2021: PHASE I- Provide 90 days of publicly accessible, COVID-safe outdoor gathering
spaces and amenities in Port Townsend's Uptown and Downtown historic districts to
support local businesses by providing residents and visitors public outdoor gathering
space of tents and amenities for safe physical distancing in a manner compliant to the
mandates and guidelines of federal, state and local COVID guidelines.See Phase I in the
Operating Plan below for details.
2. 2021-2022: PHASE II - Mitigate the economic impacts of the pandemic through
supporting the first round of post-pandemic resumption of cultural events and non-profit
community festivals throughout East Jefferson County. Setup and operation of outdoor
gathering spaces of tents and amenities for approximately 17 events will be subsidized
below TPA's"at cost"rate using grant funds,thereby providing economic assistance to
those non-profit organizations by lowering the operating costs for this initial set of
events. This will also assist local non-profit organizations in adapting to new public
health procedures when executing future events and festivals. See Phase II in the
Operating Plan below for details.
3. 2022-2023: PHASE III - Support the continued economic recovery of the arts and culture
sector in East Jefferson County and support that sector's associated economic benefits, by
providing non-profit organizations with outdoor gathering spaces of tents and amenities
below market rate, at TPA's"at cost"rate through the end of 2023. See Phase III in the
Operating Plan for details.
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Equipment&Supplies
In collaboration with the ICC Arts& Culture Committee and the City of Port Townsend, TPA
has researched and vetted regional vendors to identify which can deliver the highest-quality,
affordable equipment and amenities for this project, as outlined below. TPA shall have discretion
over the brand/manufacturer, quantity, and cost of each item, provided the total cost falls within
the total budget of$53,879 for Equipment and Supplies, and the item meets the intended
purposes under this Agreement.
Quantity Item
1 40' x 40' Euro Tent with sidewalls, bolt package, stakes
1 30' x 40' Celebration Frame Tent with sidewalls, bolt package, stakes
2 Ductable Propane Heaters
4 Automatic Hand Sanitizer Dispensers
2 Tag 4 Handwashing Stations
4 LED Flood Lights with Controller
4 50' Extension Cords
2 Portable Propane-Fueled Generators
1 22'Covered Utility Trailer
12 5 Gallon Propane Tanks
As needed 40 oz Bottles of Hand Sanitizer Refills(estimated quantity: 88 bottles)
As needed 5-gallon Propane Refills (estimated quantity: 133 times)
1 Case of Liquid Soap Refills
1 Security Equipment Pkg(Chains& Locks)
Operations Plan
Once funds are received, TPA will acquire the aforementioned equipment and amenities and
shall own all items outright except as provided in Section 4. of this Agreement, shall manage all
items as property of TPA, and steward these items as public assets. TPA will assume
responsibility for:
• Insuring all equipment
• Scheduling and receiving of equipment
• Coordinating with vendors to receive training in equipment SOPs and safety features
• Transporting, storing, and maintaining all equipment
• Managing reservations and scheduling equipment use
• Assembling and positioning equipment in designated special event areas
• Assisting users in securing proper permits for use of tents and other equipment for public
and/or special events
• Assessing equipment condition before/after each use and managing necessary repairs
• Recruiting and training subcontractors to perform specific services
• Develop inclement weather and public safety plans
• Market and promote equipment to public and private markets
• Assess reasonable fees as described in this Agreement, oversee billing and collection
• Report any necessary updates or project outcomes to funding source
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Initiation Timeline
Outdoor Gathering Space Equipment& Amenities (i.e.tents,heaters, lights,hand sanitizing
stations)are anticipated to be in place within approximately 6 weeks of purchase,but this will
depend on manufacturer and distributor schedules. Once trained on equipment, TPA will begin
Phase I operations in Port Townsend's Uptown and Downtown locations, as described below.
Phase I -2021: Initial Service Period of 90 Days or More of Outdoor Gathering Space to
Support Businesses Operating During the Pandemic,by providing publicly accessible, COVID-
safe outdoor gathering spaces in Port Townsend's Uptown and Downtown historic districts to
support local businesses by providing residents and visitors public outdoor gathering space of
tents and amenities for safe physical distancing in a manner compliant with federal, state and
local COVID requirements and guidelines.
TPA will coordinate with the City of Port Townsend,which has agreed to make available any
necessary heavy equipment and staff to transport and placing tent anchors and other exceedingly
heavy items beyond TPA's capabilities. The County will coordinate with the City of Port
Townsend to loan any necessary ecology blocks during Phase I at no cost as may be needed for
anchoring the tents instead of stakes on paved surfaces.
Locations
• Tent#1 -Tyler Street Plaza
• Tent#2 -Jefferson Community Center
Hours of Operation
It is anticipated that each outdoor space will be open to the public from 10:00 AM until 9:00 PM
seven days per week. Hours of Operation can be adjusted upon prior written County approval,
which shall not be unreasonably withheld. Utilization of assets such as heaters and lighting will
be as needed.
Daily "Opening" Tasks
• Assess equipment condition and the surrounding area for any public health or safety
hazards.
• Clean and sanitize all surfaces that users come into regular contact with.
• Collect trash and recycling and dispose of it in containers provided by and serviced by
the City.
• Retrieve hand sanitizing stations from storage or secure area and refill reservoirs.
• Retrieve outdoor heaters from storage or secure area and refill tanks. Turn ON.
• Reset tables and chairs.
• Check to ensure that operations signage and public safety notices are in place.
• (Fridays and Saturdays Only) Plug in overhead lighting.
Daily "Closing" Tasks
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• Assess equipment condition and the surrounding area for any public health or safety
hazards.
• Clean and sanitize all surfaces that users come into regular contact with.
• Collect trash and recycling and dispose of it in containers provided by and serviced by
the City.
• Collect and return hand sanitizing stations to storage or secure area.
• Collect and return outdoor heaters from storage or secure area.
• Reset tables and chairs.
• Check to ensure that operations signage and public safety notices are in place.
• (Fridays and Saturdays Only)Unplug overhead lighting.
Contingency Operations
In the event of:
1. Vandalism or otherwise damaged or defaced equipment, TPA will report this activity to
the Port Townsend Police Department Community Liaison Officer Wendy Davis. If the
damages include human waste or other biological material that could threaten the health
and/or safety of TPA's staff then the outdoor space will be closed to the public until a
third-party, certified service can clean and sanitize the space. The cost of two of these
unique contracts with third-party services is built into the contingency portion of the
project budget and as such will fall under TPA's purview to pay for and manage.
However, if such an incident occurs more than twice the County will assume
responsibility for clean-up costs with the third-party service.
2. Inclement weather, specifically sustained wind speeds or predictable high-speed gusts
outside of the tent manufactures approved usage, TPA's staff will rally to remove and
store the tents' canvases until such a time that they can be replaced. The cost of three of
these inclement weather operations is built into the contingency portion of the project
budget and as such will fall under TPA's purview to pay for and manage. However, if
such an incident occurs more than three times the County will assume responsibility for
costs.
3. Usage over the posted capacity, TPA is not responsible for monitoring or policing the
public's use of the outdoor spaces. The public's conduct will be mandated by the rules
and guidelines of the Open Streets Initiative and ultimately fall under the purview of the
City to enforce.
At the conclusion of Phase I, TPA will disassemble and remove all equipment from public
property. Once again, TPA will coordinate with the City of Port Townsend, which has agreed to
make available any necessary heavy equipment and a staff member to operate said equipment for
the purpose of transporting tent anchors and other exceedingly heavy items beyond TPA's
capabilities.
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Phase II-2021-2022: Subsidize Gathering Spaces for First Round of Resumed Cultural
Events and Community Festivals throughout East Jefferson County. Setup and operation of
outdoor gathering spaces of tents and amenities for approximately 17 events will be subsidized
below TPA's "at cost"rate using grant funds, thereby providing economic assistance to those
non-profit organizations by lowering the operating costs for this initial set of events. This will
also assist local non-profit organizations in adapting to new public health procedures when
executing future events and festivals.
A tentative list of Resumed Cultural Events&Community Festivals for Phase II is shown on the
next page.
TPA recognizes that in addition to the business assistance in Phase I,this COVID grant is
intended to support the recovery of the arts and culture sector from the impacts of the COVID
pandemic,with associated benefits throughout the economy Jefferson County, and will do its due
diligence to operate and maintain these public assets as an honorable steward.
In order to maintain the integrity of these resources and operate in a sustainable manner, TPA
will make all of the above resources available to rent to Jefferson County non-profit
organizations"at cost"meaning that a reasonable fee will be charged to cover the cost of
operating and maintaining the equipment. TPA will not"profit" from the rental of the equipment
to the nonprofit sector,but neither would TPA take on loss on operating or maintaining the
equipment.
TPA requests 60-days from the start of the Initial 90-day Service Period to research and develop
a reservations system and marketing plan based on Phase I operations and will submit our
findings and a plan for Phase III operations to the City for review. Once all parties are in
agreement that the Phase III Plan reflects the original intention of the Committee, TPA will
launch a marketing campaign targeted to Jefferson County non-profit organizations.
Prior to outdoor cultural events and community festivals resuming, TPA will present to the
County and City of Port Townsend a budget breakdown justifying TPA's proposed"at-cost"rate
schedule for use of the tents and amenities. Upon review and approval by the City and County,
TPA will apply grant funding of up to $1,030 per event to discount its approved"at-cost"rate,
for up to 17 events for total grant funding for Phase II not to exceed $17,517, unless the County
provides prior written approval pursuant to Section 2 Grant Payments of this Agreement.
As TPA gains further experience in the actual cost of operating the tents and amenities, or as
operating costs change, it can propose adjustments to its"at cost"rate schedule for City and
County approval.
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Tentative List of Cultural Events& Community Festivals
for Gathering Space of Tents&Amenities
1. PT Strange Brewfest-est to resume in January 2022
2. Brinnon Loyalty Day Parade-est to resume in April 2022
3. Rhody Festival&Cake Picnic-est to resume in May 2022
4. Rhody Run-est to resume in May 2022
5. Shrimpfest-est to resume in May 2022
6. Victorian Festival&Brass Screw Steampunk-est to resume in June 2022
7. Fourth of July-est to resume in 2022
8. Hadlock Block Party-est to resume in August 2021 or 2022
9. All County Picnic-est to resume in August 2021 or 2022
10. Uptown Street Fair-est to resume in August 2021 or 2022
11. Plays in the Park(KCPT)-est to resume in August 2021 or 2022
12. Farm Tour-est to resume in September 2021
13. PT Film Festival-est to resume in September 2021
14. Wooden Boat Festival-est to resume in September 2021
15. Quilcene Fair&Parade-est to resume in September 2021
16. Kinetic Sculpture Race-est to resume in October 2021
17. Girls' Night Out-est to resume in October 2021
18. Small Business Saturday-est to resume in November 2021
19. First Night-est to resume in December 2021
Any event to be held by a third-party using the outdoor spaces may require that party to obtain a
Special Event Permit from the City or County, and operation of the outdoor gathering space shall
adhere to the restrictions and rules of conduct dictated within such permit.
Phase III-2022-2023: Continued Support for Recovery of Non-Profits With At-Cost
Gathering Spaces,Below Market Rate. Within TPA's capacity and after first supporting the
events identified through Phase II, TPA will support the continued economic recovery of the arts
and culture sector in East Jefferson County and support that sector's associated economic
benefits, by providing non-profit organizations with outdoor gathering spaces of tents and
amenities below market rate, at TPA's approved"at cost"rate through the end of 2023.
Locations: TBD
Jefferson County non-profit organizations will be allowed to submit a set number of requests to
reserve and utilize the equipment and amenities"at cost" for up to seven days at a time. Every
effort will be made to ensure that all areas of the county including the communities of Brinnon,
Quilcene, and Chimacum have equitable access to these resources.
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Under this Agreement,the gathering spaces of tents and amenities are reserved for use of the
following events coordinated by TPA:
• Fourth of July- Saturday&Sunday,July for 2 days
• All County Picnic(s)- Saturday& Sunday, August for 2 days
• Jefferson County Farm Tour- Saturday& Sunday, September for 2 days
• Olympic Apple&Cider Festival - Saturday& Sunday, October for 2 days
• Chimacum Arts& Crafts Fair- Saturday& Sunday, December for 2 days
• First Night Port Townsend—December for 6 days
Cost of operations associated with TPA events are not included in the proposed Project Budget,
but use of the discount made available by grant funds is for one year only for those events noted
in the list in Phase II.
Any event to be held by a third-party using the outdoor spaces may require that party to obtain a
Special Event Permit from the City or County, and operation of the outdoor gathering space shall
adhere to the restrictions and rules of conduct dictated within such permit.
Priority Booking/Nonprofit Reservations
Regarding booking/reserving the equipment, TPA agrees to prioritize use by Jefferson County
non-profits. The resources will be marketed to local nonprofits beginning in 2021 and non-profits
will be able to submit their priority use dates during a specified period.
Private Sector Use/Market Rate Services
Outside of this specific"non-profit priority booking/reservation"period, TPA is permitted to
market and rent the resources to private parties and businesses at market rate.
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Project Budget
The County will provide the Grantee a total COVID grant sum not to exceed$109,937 for
eligible expenses, including:
• Up to$66,555 on an advanced basis upon execution of this Agreement for eligible
expenses as shown in the budget table below, provided that Grantee shall subsequently
provide documentation of eligible expenditures, and
• Up to $43,382 for eligible expenditures on a reimbursement basis pursuant to this
Agreement and as shown in the budget table below.
Also as shown in the budget table below,
• Up to $53,879 of grant funds may be expended for the listed Equipment and Supplies;
• Up to$38,541 of grant funds may be expended for the Phase I Initial Services through
the 90 days service period;
• Up to$17,517 of grant funds may be expended for the Phase II Resumed Cultural Events
and Community Festivals;
With prior written permission by the County, under-expenditures in Equipment and Supplies,
and/or in the Phase I Initial Service Period,may be applied to extend the 90 day Service Period
or be added to the funding for the Phase II Resumed Cultural Events and Community Festivals.
At the County's request, TPA shall return to the County any advanced funds the County
determines were not used for eligible expenses.
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Budget Table
Rem
Quantity fort Per Unit Curt before Tara i TTL S Whist llP Front Raknbtnaed oar'!
Tag Licensing Sled Monthly
Revenue
Original 5124,602 COMIO Grant hints Grant to Good Man Sanitation $ 85,937
Addtianal County Support for co io Community assistance - -
eubttl COPP Grant to TPA $ 24,000
$ 108.147
Gathering Space Er uipmant
40'a 40'Euro Tent oath:idewoHs Solt package Stales 1 $ 13,300 5 13,300 S 1,197 $ 14,497 $ 14,497
30':4O Celebration Frame Trait withildewalls Solt package Pales 1 $ 10,50a S 10500$ 945 5 11,445 $ 11,445
Tent Freight i Delivery 1 $ 900 S 900$ 81 $ 981 $ 981
22'Covered Utility Trailer 1 5 10,0m $ 10,000 $ 1,100 $ ti-100 5 11,100
(tethering Space Amenities
Dutiable Propene Heater 2 5 1,800 $ 3,600$ 324 $ 3,924 $ 3,924
Sot Gallon Propane Tank 12 $ SO 5 600 $ 54 S 654 5 654
Propane Refills 15 Gallon) 133 5 15 $ 1,995 $ 180 5 2,175 S 2,175
LED Specialty lights 4 5 250 5 1,003$ 90 $ 1,090 $ 1,090
50'Extension Cord 4 5 50 $ 200 S 18 $ 218 $ 218
Portable Generator 2 5 1.250 5 2,500$ 225 5 2,725 $ 2,725
AurmnaSc Hand saadzer Dispenser 4 $ 180 5 720$ 65 $ 785 $ 785
Hand Sanitize'Refills 88 $ 20 $ 1,760 5 158 5 1,918 5 1,918
Socuity Equipment Pkg(Chairs i Locks) 1 5 500 5 500$ 45 $ 545 $ 545
Sanitation Equipment
Tag 4 HaMwshing Station 2 5 590 $ 1,180 5 106 $ 1,286 $ 1,286
Freight 8Deltsery $ 30a 5 27 $ 327 5 327
Case of Liquid Soap Refill 4 $ 48 $ 192 $ 17 $ 209 $ 105 5 105
nand Equipment i Supplies 5 49,247 $ 4,632 5 53,8A $ 53,774 S 105
Project Managment It Operations
Grant Administration Fee 5 4,500 S 4,500 5 4,510
Liability Insurance(TPA) $ SW 5 500 $ 500
Espenditure/M-t0nd Consideration by TPA
90-Day Tent Assemblage Service p Uptown&Downtown 5 31,141 $ 31,141 $ 10,380 5 20,761
Weather/Haaerd Co nngen y Funds for 90 day period 3 $ 800 $ 2,400 $ 2,400 5 2,400
subttl 2021 Phr I initial Services $ 38,541 $ - $ 38,541 $ 12,780 5 25,761
subdl of initial expenditures against grant
5 87,788 $ 4,632 $ 92,420 5 66,555 $ 25,865
2071,2022-Phase 0-Tarots for 1st Resumed Cultural Evenb/F.Giwb/Comearnity Eyants-paid.bddy agakrrt'at tort'rote 17 5 1.030 5 17,517 $ 17,517 5 17,517
s.bttl pR.paoo*ursspall=biide.ea Returned Eveens0.a_nnt tents for lea than'at teat' .. .-. .. -. $ ._288.30E S... _ .4,633 $ 780.SR7. _. $ . GRASS S._ _ 4R.352
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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.
Payment—Reimbursement of Eligible Project Costs
The Grantee will submit purchase orders or advances invoices and appropriate supporting
documentation such as, 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.
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CONTRACT REVIEW FORM
CONTRACT WITH: The Production Alliance TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: COVID-19 Relief Efforts TERM: 12-31-23
COUNTY DEPARTMENT: County Administrator
REcEntED -
For More Information Contact: Adiel McKnight
Contact Phone #: Ext. 102 MI Q 9 2421
RETURN TO: Adiel McKnight RETURN BY: ASAP
(Person in Department) `1EF�' �5 COUNTY
"715Q10111ERS_.
AMOUNT: $109,937 PROCESS: El Exempt from Bid Process
❑ Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Sources)of Matching Funds ❑ Vendor List Bid
LI RFPorRFQ
_ ❑ Other
Step 1: REVIEW.
Review jtivIVIENTe.- 2.-
Data ed:
APPROVED FORM
CIR`e d for revision(See Comments)
Co Iments
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: - '" Philip C. Hunsucker
Date Reviewed: February 9, 2021 Chief Civil Deputy Prosecuting Attorney
..kri APPROVED AS TO FORM El 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
Submit original Contract(s),Agenda Request,and Contract Review form. Also, please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUJESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
CONTRACT REVIEW FORM
CONTRACT WITH: The Production Alliance TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Amended COVID-19 Relief Efforts TERM:
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Mark McCauley
Contact Phone #: Ext. 130
RETURN TO: Adiel McKnight RETURN BY: ASAP
(Person in Department) (Date)
AMOUNT: PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s) of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
Step 1 : REVIEW BY RISK M AGEM
Review by:
Date Reviewed:
Er APPROVED FORM ❑ Ret me for revision(See Comments)
Comments
Step 2: REVIEW BY P OSE UTI G ATTORNEY
Review by: • (: Philip C. Hunsucker
Date Reviewed: 7 Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM ❑ eturned 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
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)