HomeMy WebLinkAboutEconomic Development Council (EDC) Team Jefferson, Amendment No. 1 re: reporting - 121222C(4 fw-
Amendment No. I to the Jefferson County Grant Agreement to Provide Economic
Assistance to Local Businesses to Mitigate the Negative impact of the Covid-19
Pandemic
This Amendment No. I to the Economic Assistance to Local Businesses Grant
Agreement is made and entered into by and between the EDC Team Jefferson ("Grantee") and
Jefferson County, a political subdivision under the laws of the State of Washington ("County"),
(collectively "Parties").
WHEREAS, the Parties want to amend the Grant Agreement entered into between them;
NOW, T11ER!"TORE, the Parties agree as, follows: rT )
1. PuEpose-The purpose of this Amendment is to extend the reporting deadline for the
final quarterly report (itie January 31, 2023 until Match 31, 2023.
2. Anu: j1dillynt,
Section 8., which currently reads: "Rqxnu shall be due to the County on April 30,
July 31, November 30, 2022 and January 31, 2023." Is amended to read: "Reports
shall be due to the County on April 30, July 31, November 30, 2022 and March 31,
2023."
(SIGNATURES FOLLOW ON NEXT PAGE)
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F R JEFt.kERSON COUNTY:
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Heidi f isenhour, Chair, Board or County Commissioners
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Date
ATTEST:
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Carolyn O laway, Clerk to the and D
APPROVE , AS TO�FORM ONLY:
" December 82022
Philip C. I lunsuckcr, Oate
Chief Civil Deputy Prosecuting Attorney
Julie Shannon
From: Mark McCauley
Sent: Tuesday, December 27, 2022 10:35 AM
To: director@edcteamjefferson.org 1
Cc: Julie Shannon
Subject: RE: AGREEMENT, Amendment No. 1 re: ARPA Grant to Provide Economic Assistance
Cindy, the Board already approved the amendment. Please execute the amendment as written. Submit the end of year
report by March 31't—that's the report that counts. If we never receive the 2"d and 3rd quarter reports we'll get along
just fine. What this emphasizes for me is that we can cut down on the frequency of reports.
From: Julie Shannon <JShannon @co.jefferson.wa.us>
Sent: Tuesday, December 27, 2022 10:30 AM
To: Mark McCauley <MMcCauley@co.jefferson.wa.us>
Subject: FW: AGREEMENT, Amendment No. 1 re: ARPA Grant to Provide Economic Assistance
Julie Shannon, Executive Secretary II
Jefferson County Commissioners/County Administrators Office
o: 360-385-9100 ( d: 360-385-9384
ishannon@co.*efferson.wa.us
Homepage: https://www.co.jefferson.wa.us/
Search for and access documents here
From: director@edcteamiefferson.org 1 <director@edcteamiefferson.org>
Sent: Thursday, December 22, 2022 6:43 PM
To: Julie Shannon <JShannon co.jefferson.wa.us>; Mark McCauley <MMcCauley@co.jefferson.wa.us>
Subject: Re: AGREEMENT, Amendment No. 1 re: ARPA Grant to Provide Economic Assistance
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you
are not expecting them.
Hi Julie,
Thank you for providing this agreement revision. I read the document and there is one additional revision necessary for
accuracy.
I've previously discussed with Mark reducing the number of reports due. As the EDC allocated small amounts to 133
businesses, quarterly reporting on spending for an amount ranging from $1,500-$6,000 intended for COVID relief would
be time consuming and onerous. An initial report was provided once the grant funding was allocated, documenting the
fact that all checks were cashed. I have re -attached that report.
I am currently working on gathering reporting from every grant recipient regarding how the grant awards were spent for
a final report. I can have this ready on or before March 31 2023. The contract requires that money not spent by Dec 31,
2022 be returned, so surveying clients at the end of the year is sensible.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 12, 2022
SUBJECT: Amendment to an ARPA grant agreement with EDC Team Jefferson
(EDC)
STATEMENT OF ISSUE:
The County and EDC entered into an ARPA grant agreement in January 2022. Under the grant agreement EDC was to
administer a grant program for local businesses to mitigate the adverse economic impacts caused by the Covid-19
pandemic.
The grant agreement imposed quarterly reporting requirements on EDC, the last of which is due on January 31, 2023.
EDC has asked for a time extension to allow them to complete their last quarterly report. EDC believes an extension to
March 31, 2023 will allow them to complete and submit that report.
ANALYSIS:
The attached grant agreement amendment will extend the final report due date to March 31, 2023.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Board approve the attached grant agreement amendment.
REV ED BY:
lo AMark�McC ley, County Administr o rjete
CONTRACT WITH:
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
EDC Team Jefferson
I Clear FEE]
Contract No: EDC ARPA 22 Extendsion
Contract For: Business Grants Term: Through March 31, 2023
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmecauley&0jefferson.wa.us
AMOUNT: Time extension only
Revenue: N/A
Expenditure: N/A
Matching Funds Required: N/A
Sources(s) of Matching Funds N/A
Fund # N/A
Munis Org/Obj N/A
PROCESS:
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFPorRFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES corPL)ANCEW y *C M&—O—W AND CHAPTER9..jjRCW.
N/A:
a F]
CERTIFIED: n
ignature to
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARREDBYANY FEDERAL, STATE, OR LOCAL
AGENCY. N/A: CERTIFIED:
Signature
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/7/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PACT on 12/8/2022.
Next time the updated indemnity language should be used.
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
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
(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.
EIigible 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. Tennination. 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 tvedcteamjefferson.org
Jefferson County
Mark McCauley, Interim County
Administrator
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(cLco 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.
1 l . 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. 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.
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. BindingEffect. ffect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors.
18. Assignment. ment. 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.
JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
(SIGNATURES APPEAR ON THE NEXT PAGE)
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:
Mark McCain E Name: Cinooks, Executive Director
Interim County Administrator EDC Team Jefferson
DATE:
Attest:
w C-7/�' 22
Carolyn Ilaway DATE
Clerk oft he Board
Approved as to form only:
,t
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:
JEFFERSON COUNTY GRANT AGREEMENT TO PROVIDE EMERGENCY
ASSISTANCE AS A RESULT OF THE COVID-19 PANDEMIC
J Decreased revenue or gross
receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather
financial hardship
J Challenges covering
payroll, rent or mortgage,
and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:
J 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
J 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:
s 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 &
fagade 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: mmccsuley@co,jefferson.wa.us
AMOUNT: $500,000
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
N/A
$500,000
N/A
N/A
123
Munis Org/Obj 51863/518063
PROCESS:
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO AN/CE WITH d .55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: R
S &Iture 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: Z
`
Si ture 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