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HomeMy WebLinkAboutStrongertowns JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator DATE: February 5, 2024 SUBJECT: Request for Board of County Commissioners approval of an American Rescue Plan Act (ARPA) Grant Agreement with Stronger Towns STATEMENT OF ISSUE: On Monday, February 27, 2023 the Board of County Commissioners reviewed 48 ARPA grant proposals received from a variety of sources. These 48 proposals were submitted as a result of a BOCC "Last Call" for proposals as it sought to distribute $834,718 in remaining ARPA funds ($1.692 million in 2023 ARPA funds have yet to be received). The Board selected 17 projects for funding. Each Commissioner scored each of the 48 projects individually. Their scores were consolidated in a spreadsheet and the projects were ranked using these consolidated scores. The Board discussed each project for the benefit of the public. The Commissioners then made funding allocations until all but $718 of the funds were allocated and directed the County Administrator to prepare the appropriate grant agreements. ANALYSIS: Count Me In For Quilcene submitted a request for $100,000 to help fund the design and construction of a skate park on County park property adjacent to the Quilcene Community Center. The Board allocated $20,000. Since Board approval of funding Count Me In For Quilcene has been succeeded by Stronger Towns which will act as fiscal agent for the design phase of the project. A grant agreement funding this project is attached. FISCAL IMPACT: This request costs $20,000 which will be paid using ARPA funds in Fund 123, Grants Management. RECOMMENDATION: That the Board of County Commissioners approve the attached grant agreement. REVIE D BY: .te //,‘,/,2,/ Mark McCaul y County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: StrongerTowns Contract No: STowns-2024 Contract For: Quilcene Park Skate Park Design Term: Until Funds Are Exhausted COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385-9130 Contact email: mmccauley@co jefferson.wa.us AMOUNT: $20,000 PROCESS: Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: $20,000 Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund# 123 L RFP or RFQ Munis Org/Obj 123 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO NCE WI .5.080 AND CHAPTE 42.23 CW. CERTIFIED: N/A:f p? - azure Date / STEP 2: DEPARTMENT CERTIFIES THE RSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: J ,027 ature Date STEP 3: RISK MANAGEMENT REVIEW(will he added electronically through Laserfiche): Electronically approved by Risk Management on 1/30/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/29/2024. Standard County ARPA 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 GRANTEE AGREEMENT WITH STRONGERTOWNS This Grantee Agreement("Agreement") is by and between Jefferson County, a Washington political subdivision ("County") and StrongerTowns (UBI No. 603 612 359), a Washington non-profit corporation located in Port Townsend, Washington, ("Grantee"). WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law; and, WHEREAS, ARPA has allocated funds to revenue sharing counties, of which Jefferson County is one; and, WHEREAS, revenue sharing ARPA funds may be used for any governmental purpose; and, WHEREAS, Grantee has requested ARPA funds to help support the design and construction of a skatepark at the Quilcene Community Center; and, WHEREAS, Grantee presented a petition supporting the skatepark signed by a significant number of youth and children from Quilcene; and, WHEREAS, the Jefferson County Board of Commissioners wishes to provide funding for this project and directed the County Administrator to bring forth a grant agreement to make said funds available to the Grantee; 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. Grant Amount and Grantee's Use of Grant Funds. The Grant amount is $20,000. The Grant is to be used for the purposes outlined in Exhibit A. These grants funds may be made available contingent upon receipt of the second tranche of ARPA revenue sharing funds. 2. Reporting Requirements. Grantee will submit a report to the County following the completion of the project. The report will include information regarding the usage of the $20,000 grant amount and the completed project. 3. Effective Date and Term. This Agreement shall commence on the date when last executed by the parties and remain in effect until the Grant is exhausted. 4. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Grantee. 5. 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. 1 6. Indemnification. The Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. It is further specifically understood that the indemnification provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 7. No Vehicles Shall Be Used in the Performance of this Agreement. Grantee represents and warrants that it will not use any vehicles in the performance of this Agreement. Based on this representation, Grantor is not requiring the purchase of automobile liability insurance by Grantee. 8. Required Liability Coverages. Prior to commencing work, the Grantee shall obtain at its own cost and expense the following coverage specified below by a policy or policies of insurance on a form acceptable to the Grantor's Risk Manager, and shall keep such coverage in force during the terms of the Agreement. Commercial General Liability. Coverage in an amount not less than a single limit of $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 commercial general liability 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 coverage for products and completed operations; and, e. Blanket Contractual Liability. Such coverage shall be evidenced by one of the following methods: (a) Certificate of Coverage; 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 coverage that,at a minimum, shall include: (a) The limits of overage; (b) The project name to which it 2 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 coverage shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. Failure of the Grantee to take out or maintain any required coverage shall not relieve the Grantee from any liability under this Agreement, nor shall the coverage requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Grantee's 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 coverage, with the exception of Professional Liability coverage, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Insurance companies or risk pools issuing the Grantee's coverages 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 agreement providing coverage. All deductibles in the Grantee's coverages shall 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 or risk pool shall reduce or eliminate deductibles or self-insured retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement,or any portion thereof,may be withheld from payment due,or to become due,to the Grantee until the Grantee shall furnish additional security covering such judgment as may be determined by the County. 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 coverage 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 relating to coverage, withhold payment or compensation that would otherwise be due to the Grantee. The Grantee shall provide a copy of all agreements providing any coverage specified in this Agreement. Written notice of cancellation or change in the Grantee's coverage required by this Agreement shall reference the project name and agreement number and shall be mailed to 3 the County at the following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. The Grantee's liability coverage 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 any agreement providing coverage shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Grantee's coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability. The Grantee shall include all Sub-Grantees as persons covered under its coverages or shall furnish separate certificates and endorsements for each Sub-Grantee. All coverage for Sub- Grantees shall be subject to all the requirements stated in this Agreement. The coverage limits mandated for any 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 coverages in force from the time services commence until services are completed. Certificates, coverages, and endorsements expiring before completion of services shall be promptly replaced. All the coverages 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 coverages with a "Risk Pool" created pursuant to Ch. 48.62 RCW or 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 coverage on an individual basis for extra hazardous contracts and specific service agreements. 9. 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 coverage. 4 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 other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Grantee. 10. 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. 11. Maintenance 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. 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 Ben Bauermeister Secretary and Treasurer StrongerTowns 1239 Taylor Street Port Townsend, WA 98368 Asa Clifford 1774 Leland Valley Road West Quilcene, WA 98376 Jefferson County Mark McCauley County Administrator Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368 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. 5 14. Conflict of Int erest.t 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 without the prior written consent of the authorized representatives of the parties. 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. 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 6 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 APPEAR ON THE NEXT PAGE) 7 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. JEFFERSON COUNTY BOARD OF STRONGERTOWNS COMMISSIONERS By: By: Kate Dean, Chair DATE Ben Bauermeister DATE Secretary/Treasurer SEAL: ATTEST: Carolyn Gallaway, CMC DATE Clerk of the Board Approved as to form only: C January 29,2024 Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney EXHIBIT A Funds from this Agreement shall be used by Grantee to hire professionals to design a skate park, approximately 7,000 square feet in size in the Quilcene County Park and Campground, 294964 Highway 101, Quilcene, Washington 98376. Once designed, Grantee plans to donate the labor and materials to build the skate park, which will be owned by the County.