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GRANTEE AGREEMENT WITH PORT TOWNSEND SCHOOL DISTRICT FOR
GENERAL SUPPORT DURING THE COVID-19 PANDEMIC
This Grantee Agreement ("Agreement") is by and between Jefferson County, a Washington political
subdivision ("County") and Port Townsend School District, ("Grantee").
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency
in all Counties in Washington State to due to the public health emergency caused by the COVID-
19 virus; and
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and
WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak of
COVID-19 to be a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared the COVID-
19 outbreak a national emergency; and
WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners
approved a Declaration of Emergency in Jefferson County due to the COVID-19 pandemic in
Resolution 12-20, stating in part that "human life may be threatened and the local economy
disrupted as a result of this unprecedented pandemic, and immediate extraordinary action must
be taken to respond to this crisis and mitigate its impacts," and further stating"Jefferson County
is authorized to exercise such other actions authorized by state law during a state of emergency
as may be necessary to combat this emergency;" and
WHEREAS, on March 19, 2020, the Port Townsend City Council approved a
Declaration of Emergency due to the COVID-19 pandemic.
WHEREAS, on March 23, 2020, Governor Jay Inslee signed Proclamation 20-25
declaring that a State of Emergency continues to exist in all Counties in Washington State due to
COVID-19; and that his prior proclamations are amended and superseded by a Proclamation to
impose a Stay Home— Stay Healthy Order throughout Washington State, which prohibits all
people in Washington State from leaving their homes or participating in social, spiritual and
recreational gatherings of any kind regardless of the number of participants, and all non-essential
businesses in Washington State from conducting business, within the limitations provided in
Proclamation 20-25; and
WHEREAS, Proclamation 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remain in effect until rescinded, and requires people to wear face masks both while at work and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;
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WHEREAS, as a result of the continued world
wide spread of COVID-19, its significant
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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
fund moneys which the County plans to deploy to address the COVID-19 public health
emergency; and
WHEREAS, the proposed uses will aid the economic recovery and public good of
Jefferson County following the economic downturn caused by the COVID-19 pandemic; and,
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WHEREAS, Jefferson County desires to provide funding for general support of our hard-
pressed school districts, as necessary to combat the COVID-19 pandemic and recession,
protecting the health and safety of persons and property, providing emergency assistance to the
victims of such disaster, making the community more resilient and supporting employment; 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 to given the Grantee's critical role and abilityprovide 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).
WHEREAS, Jefferson County's school districts have faced daunting challenges during the
Covid-19 pandemic; and
WHEREAS,the Jefferson County Board of Commissioners wishes to provides some financial
support to our school districts to help them through the pandemic; and,
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 Agreement shall commence on when last executed
by the parties and remain in effect until December 31, 2021, unless terminated earlier by the
County in writing. Eligible expenses incurred prior to contract execution but not prior to August
1, 2021 are hereby ratified.
1. Grant Amount and Grantee's Use of Grant Funds. The Grantee may use these grant
monies for any appropriate school district purpose. The Grant amount is $50,000. The Grantee
simply needs to invoice the County citing this grant agreement.
2. Termination, The County may terminate this Agreement, for convenience or
otherwise and for no consideration or damages, upon prior notice to the Grantee.
3. Independent Grantee. Each party under this Agreement shall be for all purposes an
independent Grantee. Nothing contained herein will be deemed to create an association, a
partnership, a joint venture. or a relationship of principal and agent, or employer and employee
between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act, as an
employee, agent, or representative of the County for any purpose.
4. Indemnification. The Grantee agrees to defend, indemnify and hold the County, its
officers,officials, employees,agents and volunteers harmless from and against any and all claims,
injuries, damages, losses or expenses including without limitation personal injury, bodily injury.
sickness, disease, or death. or damage to or destruction of property, which are alleged or proven
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to be caused in whole or in part by an act or omission of the Grantee, its officers, directors,
employees, and/or agents relating to the Grantees' performance or failure to perform under this
Agreement. The section shall survive the expiration or termination of this Agreement.
5, Insurance. Prior to commencing work, the Grantee shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in force
during the terms of the 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 the work for a combined single limit of not less than $500,000 each occurrence with the County
named as an additional insured in connection with the Consultant's performance of his
Agreement. This insurance shall indicate on the certificate of insurance the following coverage:
(a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles.
Commercial General Liability. Insurance in an amount not less than a single limit of
$I,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 commercial general liabilityinsurance coverage shall contain no limitations on the scope of
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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 coverage for products
and completed operations;
d. Premises -- Operations Liability (M&C);
e. Blanket Contractual Liability.
The County shall be named as an "additional named insured'" under all insurance policies required
by this Agreement, except Professional Liability insurance when not allowed by the insurer, and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; or. (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The Grantee shall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)
The certificate holder as Jefferson County, Washington and its elected officials, officers, and
employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port
Townsend. WA 98368, and, (d) A statement that the insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County. if the proof of
insurance or certificate i;id catin the County is an "additional insured" to a policy obtained by
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the Consultant refcrs to an endorsement (by number or name) but does not provide the full text of
that endorsement, dbon it shall be the obligation of the Consultant to obtain the full text of that
endorsement and forward that full text u` the County. Certificates o[coverage un required bythis
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� section shall be delivered to the County within fifteen ( 15) days of execution of this Agreement.
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Failure nfthe Grantee to take out ormaintain any required insurance ohuU not relieve the (}runtcc
� fronn any liability under this Au/rccozco\' nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification of the County.
The Grantee's insurers nhuU have no right of recovery or subrogation. against the County
(including its employees and other agents and agencies), it being the intention nfthe parties that
the insurance policies, with the exception ofProfessional Liability Insurance, so affected ohuU
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance.
Insurance companies isxuing the [}runtec`n insurance policy or policies shall have no recourse
against the County (including its cmpiwyccx and other agents and agencies) for payment of any
pocmniunnm or for assessments under any form of insurance policy.
All deductibles in the Grantee's insurance policies wbu|| be assumed by and be at the sole risk of
the Grantee.
Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of this Agreement by the County. At the option of the County, the insurer obaU
reduce or eliminate deductibles or self-insured retention, or the Consultant shall procure a bond
guaranteeing payment of losses and related invcodgudnuo, claim administration and defense
expenses.
Any judgments for which the County may be liable, in excess of insured amounts required by this
/\�o:ement, or any portion thereof, may be withheld from payment dun, or to become due, to the
Grantee until the Grantee shall furnish addibnnul security covering Such judgment as may be
determined by the County.
Any cnvcnsgc for third party liability c|oicna provided to the County by u "Risk Pool" orcuLod
Pursuant to Ch. 48.62 RCVV abo|| be non-contributory with respect to any inmuroocc policy the
Grantee shall provide to comply with this Agreement.
The County may, upon the Grantee's failure to comply with all provisions of this Agreement
rc|u\iog to in*uronoe, withhold payment or compensation that vvnuW otherwise be doe to the
(}ron(cc.
The Grantee shuU provide it copy of all Insurance policies specified in this /\grcen,cnL
\YhVcu notice ofcouceUa1inn or change in the Grantee's myu,aucc nc4uircdhy this /\grccrucnL
shuU reference the Project name and agreement number and shall be ouai|cd to the County at the
k`!lov/iu address: Jefferson County Risk MunuLccncnt, P.O. Box 1220. Port Townsend, yV/\
q0}h8.
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The Grantee's liability insurance provisions shall be primary and noncontributory with respect to
any insurance or self-insurance programs covering the County, its elected and appointed officers,
officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect coverage
provided to the County, its officers, officials, employees, or agents.
The ra t G n ee s insurance shall apply separately to each insured
d against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
The Grantee shall include all Sub-Grantees as insured under its insurance policies or shall furnish
separate certificates and endorsements for each Sub-Grantee. All insurance coverage for Sub-
Grantees shall be subject to all the requirements stated in this Agreement.
The insurance limits mandated for any insurance coverage required by this Agreement are not
intended to be an indication of exposure nor are they limitations on indemnification.
The Grantee shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services shall be promptly replaced. All the insurance policies
required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the County Risk
Manager by registered mail, return receipt requested.
The Grantee shall place insurance with insurers licensed to do business in the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that excess and
umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need
not be placed with insurers or re-insurers licensed in the State of Washington.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
6. Worker's Compensation (Industrial Insurance).
If and only if the Consultant 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 the Consultant, the Grantee shall maintain workers' compensation insurance at
its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide
evidence of coverage to Jefferson County Risk Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with limits
meeting all applicable state and federal laws.
This coverage shall extend to any Sub-Grantee that does not have their own worker's
compensation and employer's liability insurance.
The Grantee expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit act. or
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other employee benefit act of any jurisdiction which would otherwise be applicable in the case
of such claim.
Lithe County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Grantee.
7. Compliance with Laws. Guidelines. The Grantee shall comply with all federal,
state, and local laws and all requirements (including certifications and audits), to the extent
applicable, when seeking Reimbursement.
8. Maintenancen and Audit of Records. The Grantee shall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These records
shall be subject to inspection, review and audit by the County or its designee, the Washington
State Auditor's Office. If it is determined during the course of the audit that the Grantee was
reimbursed for unallowable costs under this Agreement or any, the Grantee agrees to promptly
reimburse the County for such payments upon request.
9. 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
Dr. Linda Rosenbury
Superintendent
Port Townsend School District
1610 Blaine Street
Port Hadlock, WA 98339
360-379-4501
Irosenburv(ti ptschools.or.g
www.ptschools.org
Jefferson County
Mark McCauley
Interim County Administrator
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
10. Improper Influence. Each party warrants that it did not and kvill 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.
l I . 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.
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12. T�nc Time is of the essence in this Agreement,
13. Survival. The provisions of this /\grecnlcni that by their mcooc and purpose should
survive eup/okuzu or termination of this Agreement shall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit of Records,
14. /\mcodcncnL No urncndnnont or modification to this Agreement will he cfhzdvo
without the priorwritten consent nf the authorized representatives n[the parties.
15. Govcroiogl.avv. l/cuuc. This Agreement will be governed in all respects by the |avva
of Washington state, both as to interpretation and performance, without regard tn conflicts nflaw
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 8CW 36.01 .050.
� �|h. ��0n'VVuivcc ��o failure on the part of the County to exercise, and no delay in
exercising, any right hereunder uhu\| operate as o wavier thereof, nor oho|| any yiogim 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 rcnuodica herein provided are cumulative and not exclusive of any
remedy available to the County a1 law orin equity.
17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
\M. Assignment. Neither party shall assign or transfer any of its interests inorobligations
under this Agreement without the prior written consent of the other party.
19. Entire A�recnnonL Agreement constitutes the entire agreement between the
County and the Grantee for the use of funds received under this Agncrnncnt and it supersedes all
prior or contemporaneous communications and pnopnmu|a, n/bcLbcr electronic, oral, or written
hctv/cen the parties with respect io this Agreement.
20. No Third Party Beneficiaries. Nothing herein shall or bc deemed to create orconfer
any right, action, or benefit in, to, or on the part o[any person or entity that is not uparty to this
Agreement. This provision shall not limit any obligation which either party has to the Washington
8iuk: Departmento[Commerce of these grant funds, including the obligation ho provide access to
records and cooperate with audits as provided in this }\grccn,coL
21. Severab'Jity. In the event that one or more provisions of this Agreement shall be determined
k/hc invalid bv any court o[conopctert'misbcdonor agency havi��'uh jichnnd/ercn[ Uzurconoiudcr
of this Agreement *huU remain in full hxoe and effect and the invalid provisions xhoU be deemed
deleted.
22. Counterparts. This Agrctrncn\ may hcexecuted incounterpurtx, unyo[v�/ich shall be
deemed an original but all of which together shall constitute one and the same instrument,
23. Authorization. [ach party warrants to the other purty, that the person u«ccuhng this
,\-Lyncrcnon/ on its bchu|fhxs the h/|| powcr and authority to do so.
24, Pob|ic Records Act, Notwiihstnxdingany prnrioionso[ihie /\'_'rcCn1cn| ,o 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 APPEAR ON THE NEXT PAGE)
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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date
signed below,
BY THE AUTHORITY GRANTED TO THE PORT TOWNSEND SCHOOL DISTRICT
INTERIM COUNTY ADMINISTRATOR BY THE
BOARD OF COUNTY COMMISSIONERS OF By: ____Stiqq:Itd
JEFFERSON COUNTY,WASHINGTON ON Name: DATE
JULY 26 AND AUGUST 2,2021
By:41.11 ge //
Mark McCauley DATE /
Interim County f dministrator
SEAL:
ATTEST:
6..-4
WV/2/
Carolyn Gall ,ay DATE (
Clerk of the oard
Approved as to form only:
September 30,2021
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date
signed below.
BY THE AUTHORITY GRANTED TO THE PO TOWNSEND SCHO• D TRICT
INTERIM COUNTY ADMINISTRATOR BY THE
BOARD OF COUNTY COMMISSIONERS OF By:
JEFFERSON COUNTY,WASHINGTON ON Name:
'4-a� DATE c�
JULY 26 AND AUGUST 2,2021 ��
By:
Mark McCauley DATE
Interim County Administrator
SEAL:
ATTEST:
CORia 0 1/1/71 I C1/4/72 41114
Carolyn Galloway DATE
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Townsend School District PTSD CARES Act- 2021
(Name of Contractor/Consultant) Contract No.
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccaulev(t co.iefferson.wa.us
AMOUNT: $so,000 PROCESS:
II Exempt from Bid Process
Revenue: N/A _ Cooperative Purchase
Expenditure: $50,000 — Competitive Sealed Bid
Matching Funds Required: N/A _ Small Works Roster
Sources(s) of Matching Funds N/A � Vendor List Bid
_ RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ri N/A:E Mark McCauley Datea'009.28Y70:6:4M4c0700 9-28-21
Signature(Apply digital signature last) Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: { 1 N/A: g Mark McCauley Date:12o27:28Y10:2658c0700Y 9-28-21
Signature(Apply digital signature last) Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/28/2021.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/30/2021.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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