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HomeMy WebLinkAboutEconomic Development Council (EDC) Team Jefferson ARPA- 011822 0(1Ec,T-e.),pnitffe,(16-C). dd— Ce. ."—tCkL )411't ".a-C14 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE ECONOMIC ASSISTANCE TO LOCAL BUSINESSES TO MITIGATE THE NEGATIVE IMPACT OF THE COVID-19 PANDEMIC This Grant Agreement is to Provide Economic Assistance to Local Businesses to Mitigate the Impact of the COVID-19 Pandemic ("Agreement") by and between Jefferson County, a Washington political subdivision (County), and Economic Development Council - Team Jefferson (EDC) (Grantee). WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act �.1 (ARPA) into law; and WHEREAS, the ARPA allows that funds received under the act can be used to address negative economic impacts on small businesses caused by the Covid-19 pandemic; and WHEREAS, the Covid-19 pandemic has had significant negative impacts on a wide range of small local businesses; and WHEREAS, the Grantee is a major economic development driver in Jefferson County and is uniquely qualified to develop and implement a local business grant program using ARPA funds given to them for that purpose; and WHEREAS, the County has a legitimate and significant interest in the survival of small local businesses and wishes for them to thrive: 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, 2022, except for the report referenced in Section 8, due January 31,2023. 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 January 1, 2022 or thereafter, but prior to its execution, are hereby ratified. 2. Project Designation. Grantee commits to carry out its project(s): Economic support to small businesses in Jefferson County that have been negatively impacted by the COVID-19 public health emergency, including impacts due to COVID- related public health closures; JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC as described in Attachment A - Grantee Scope of Work and Budget to this Agreement, to provide COVID-19 community assistance in addressing the public health emergency or to provide economic assistance related to the pandemic. a. Grant Payments. The County agrees to provide the Grantee a total sum of$500,000 with all of the funds provided to the Grantee as an advance to provide cash flow for the business assistance grants awarded by EDC. The funds will be made available upon the execution of this agreement and the submission of an invoice to the County by EDC. b. Administrative Overhead. The Grantee may use up to 10% of the $500,000 to cover costs associated with administering this small business grant program. 3. Grantee's Use of Grant Funds. The Grantee shall distribute the grant funds to eligible small local businesses that apply for economic assistance to mitigate negative financial impacts caused by the COVID-19 pandemic. EDC will develop application scoring criteria jointly with the Board of County Commissioners to help ensure these grant funds are used to good effect. 4. 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. 5. Independent Contractor. Each party under this Agreement shall be for all purposes an independent contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 6. Indemnification. Grantee acknowledges that the designated project is the Grantee's own project, and not the County's. The Grantee agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Grantee, its officers, directors, employees, and/or agents relating to the Grantees' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 2 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC 7. 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. 8. Reports. Grantee shall provide the County quarterly reports showing which businesses received grants, in what amounts and the results achieved using the jointly developed program metrics. Reports will be submitted until all grant funds have been distributed and accounted for. Reports shall be due to the County on April 30, July 31, November 30, 2022 and January 31, 2023. Funds not expended by December 31, 2022 will be remitted to the County. 9. 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. 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 Cindy Brooks, Executive Director EDC Team Jefferson 385 Benedict Street, Suite 2A Port Townsend, WA 98368 360-379-4693 director(cvedcteamjefferson.org Jefferson County Mark McCauley, Interim County Administrator 3 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368 360-385-9100 MMcCauley(wco.jefferson.wa.us 10. 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. 11. 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. 12. Time. Time is of the essence in this Agreement. 13. 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. 14. 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. 15. GoverningLaw; Venue. This Agreement will be governed in all g 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. 16. 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. 4 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC 17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 5 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC (SIGNATURES APPEAR ON THE NEXT PAGE) 6 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. JEFFERSON COUNTY,WASHINGTON GRANTEE By the authority granted to the undersigned on January 10, 2022 during the Board of County Commissioners in open session: By: Aaff, j 544 ByMark McCa Name: Cindyrooks,Executive Director Interim County Administrator EDC Team Jefferson DATE: I lC J f 2-2-- Attest: Cr1� , //e/22_. Carolyn Ilaway DATE Clerk of t a Board Approved as to form only: By: January 14, 2022 Philip C.Hunsucker DATE Chief Civil Deputy Prosecuting Attorney 10 JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC ATTACHMENT A GRANTEE SCOPE OF WORK AND BUDGET The Board of Commissioners is directing that $500,000 be paid to EDC Team Jefferson("Grantee") to provide financial assistance to small local businesses to mitigate the adverse financial impacts of the COVID-19 pandemic ("approved project"). These funds must be fully distributed by January 31, 2022. The Grantee will submit quarterly reports to the County as specified in Paragraph 8 of this Agreement. EDC will develop grant application evaluation criteria jointly with the Board of County Commissioners to ensure these funds are directed to those businesses with the greatest need or which are disadvantaged. All grant applications and application materials will be kept on hand for audit purposes. EDC will develop metrics to evaluate the success of the program jointly with the Board of County Commissioners. EDC will comply with Treasury guidance contained in The Final Rule, as summary of which is provided below: Assistance to Small Businesses Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic's effects. Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of"small business," specifically: 1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and 2. Are a small business concern as defined in section 3 of the Small Business Acts (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation). Impacted Small Businesses Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: Il JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC I Decreased revenue or gross ✓ Capacity to weather receipts financial hardship ✓ Financial insecurity ✓ Challenges covering ✓ Increased costs payroll, rent or mortgage, and other operating costs Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs ✓ Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses Treasury presumes that the following small businesses are disproportionately impacted by the pandemic: 8 15 U.S.C. 632. ✓ Small businesses operating in Qualified Census Tracts ✓ Small businesses operating in the U.S. territories ✓ Small businesses operated by Tribal governments or on Tribal lands Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule: ✓ Rehabilitation of commercial properties, storefront improvements & façade improvements ✓ Support for microbusinesses, including financial, childcare, and transportation costs ✓ Technical assistance, business incubators & grants for start- up or expansion costs for small businesses 12 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Economic Development Council-Team Jefferson Contract No: EDC ARPA 2022 Contract For: Small Business Grants Program Term: Through December 31, 2022 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385-9130 Contact email: mmccauley@co.jefferson.wa.us AMOUNT: $500,00o PROCESS: Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: $500,000 .__. Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N/A — Vendor List Bid Fund# 123 - RFP or RFQ Munis Org/Obj 51863/518063 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO ANCE WI H J .55.080 AND CHAPTER 42.23 RCW. ■ ;,iG CERTIFIED: N/A: �;.GC //l Z- �- 2- S' lure 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: ❑ N/A: >�/i/ / l 2-(Z-Z_- Si lure Dat STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 1/13/2022. County Administrator was delegated approval authority by the BOCC on January 10, 2022. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/14/2022. Standard County grant language. 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 1