HomeMy WebLinkAboutCONSENT Amend 1 Jefferson County International Airport JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Jefferson County Board of Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: October 27,2025
SUBJECT: AGREEMENT, Amendment No. 1 to the Grant Agreement
by and between Jefferson County and Port of Port Townsend,
for Public Infrastructure Fund(PIF) —Jefferson County
International Airport Eco-Industrial Park (JCIA #1)
STATEMENT OF ISSUE:
On January 2, 2024,the Board of County Commissioners approved a Public Infrastructure Fund
(PIF) grant for the above referenced project. The project remains viable but has encountered
significant delays. An extension to the grant agreement term is necessary for the project to be
completed.
ANALYSIS:
The Port of Port Townsend confirmed that an extension through December 31,
2026 is needed to complete the project.
FISCAL IMPACT:
This request has no fiscal impact—it is only an extension of time to complete the project.
RECOMMENDATION:
Approve the attached amendment.
REVIEWED BY:
*�I ( �(99k—
JoPeters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITI I: Port of Port Townsend Contract No: PIF-JCIA1-Amendl
Contract For: PIF Grant - JCIA #1 'Term: Through 12/31/26
COUNTY DEPARTMENT: County Administrator
Contact Person: Josh Peters
Contact Phone: 360-385-9100
Contact email: jdpeters®co.jefferson.wa.us
AMOUNT: Time extension only PROCESS: — Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds _ Vendor List Bid
Fund # .IL RFP or RFQ
Munis Org/Obj _Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO LI CE WI JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: El N/A:0 / u (0`2 z-/z 5-
Signature Date
STEP 2: DEPARTMENT CERTIFIES T PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: El N/A: � � (% 2-/Z S
S' nature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 10/22/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 10/22/2025.
Standard County grant agreement 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
Amendment No. 1 to the Grant Agreement by and Between Jefferson County
and the Port of Port Townsend for the Jefferson County International Airport
Eco-Industrial Park(JCIA #1)
This Amendment No. 1 to the Public Infrastructure Fund(PIF) Grant Agreement is
made and entered into by and between the Port of Port Townsend ("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, THEREFORE, the Parties agree as follows:
1. Purpose. The purpose of this Amendment is to extend the term of the grant term
through December 31, 2026.
2. All other terms remain the same.
(SIGNATURES FOLLOW ON NEXT PAGE)
1
Jefferson County Port of Port Townsend
Board of Commissioners
Signature Date
Eron Berg, Director
Heidi Eisenhour, Chair Date
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
Approved as to form only:
r October 22,2025
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
2
� - .2 -)f fro ori-
PIF Grant Agreement—Port of Port Townsend—Jefferson County International Airport Eco- c�,
Industrial Park
Grant Agreement by and Between
Jefferson County
and
Port of Port Townsend(Grantee)
For Public Infrastructure Project Funding
Jefferson County International Airport(JCIA) Eco-Industrial Park
L
C`
WHEREAS, RCW 82.14.370 authorizes a sales and use tax to provide funding of public
infrastructure projects; and
WHEREAS, pursuant to RCW 82.14.370, Jefferson County has established the Public
Infrastructure Fund and a program for its administration as codified in Jefferson County Code
Chapters 3.28 and 3.36; and
WHEREAS, in response to a 2024 Public Infrastructure Fund Request for Proposals the Port of
Port Townsend submitted a proposal for a JCIA Eco-Industrial Business Park; and
WHEREAS, the JCIA Eco-Industrial Park Project will provide up to eleven (11) one-acre"pad-
ready" sites provided with supporting infrastructure to attract new businesses and allow existing
businesses in our community to expand. This project is important to the economic development
of Jefferson County; and
WHEREAS, on November 28, 2023, the Public Infrastructure Fund Board recommended that the
County approve a 100% grant to the Port of Port Townsend for the JCIA Eco-Industrial Park
Project in the amount of$350,000; and
WHEREAS, on December 18, 2023 the Jefferson County Board of Commissioners approved the
Public Infrastructure Board's recommendation:
NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington,
(County), and the Grantee, in consideration of the mutual benefits, terms, and conditions
hereinafter specified, do hereby agree as follows:
1. Grant Commitment. A 100%grant of Public Infrastructure Funds is hereby made to the
JCIA Eco-Industrial Park Project. The approved maximum amount of the grant shall be
$350,000. The grant($350,000) shall be available based on submission of appropriate
invoices pursuant to Section 3.
2. Project Description, Schedule and Budget. The project is to design,engineer and permit a
master planned Eco-Industrial Park featuring eleven (11) one acre lots served with the full
range of infrastructure necessary to support rural light industrial development, including:
three-phase power; an internal loop road; native vegetation in both a central green space,
Page 1 of 5
PIF Grant Agreement—Port of Port Townsend—Jefferson County International Airport Eco-
Industrial Park
together with perimeter buffering; pockets of shared on-street parking; shared driveways and
truck maneuvering areas; an off-site stormwater detention pond; vegetated bioretention areas
for stormwater treatment; and an off-site community septic drain field.
The project begins in early 2024 and shall be completed no later than June 30, 2025.
3. Grantee Payment. Expenses incurred by the project's consultants, contractors, suppliers, or
Grantee's staff for work performed on the JCIA Eco-Industrial Park Project, as described
herein, shall be submitted to the PIF Administrator by the Grantee using a detailed invoice.
Each detailed invoice shall show individual items followed by the total amount incurred and
the amount eligible for reimbursement under this grant for that particular reimbursement
request. Grantee may submit such invoices to the County once per month during the course
of the project for work completed. All invoices shall be submitted no later than 30 days after
project completion.
The PIF Administrator shall review and approve payment invoices. Payments will be limited
to the monies that are available under the grant as described in Section 1. Such invoices, once
approved, will be paid using the County's normal bill paying process and cycle.
4. Compliance with Laws. Grantee shall, in completing its project under this Grant Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances, and
regulations, applicable to the work to be completed under this Grant Agreement.
5. Legal and Regulatory Compliance. While performing under this Agreement, Grantee,
subcontractors, and their employees are required to comply with all applicable local, state
and federal laws, codes, ordinances, and regulations, including but not limited to:
a. Applicable regulations of the Washington Department of Labor and Industries,
including WA-DOSH Safety Regulations; and,
b. State and Federal Anti-Discrimination Laws.
6. Termination
c. Termination by the County.
i. Should the Grantee default in providing services under this Agreement or
materially breach any of its provisions, the County may terminate this
Agreement upon ten(10) days written notice to Grantee.
ii. Grantee shall have the right and opportunity to cure any such material
breach within the ten(10) day period.
Page 2 of 5
PIF Grant Agreement— Port of Port Townsend—Jefferson County International Airport Eco-
Industrial Park
iii. The County may terminate this Agreement upon immediate notice to the
Grantee in the event that the funding for the project ceases or is reduced in
amount. Grantee will be reimbursed for services expended up to the date
of termination.
d. Termination by Grantee.
i. Should the County, its staff, employees, agents and/or representatives
default in the performance of this Agreement or materially breach any of
its provisions, Grantee, at their option, may terminate this Agreement by
giving ten (10) days written notice to the County representative.
ii. The County shall have the right and opportunity to cure any such material
breach within the ten(10)day period.
e. Termination Without Cause. This Agreement may be terminated without cause at
any time by either party subject to a sixty (60) day advance written notice of such
termination to the other party.
7. No Harassment or Discrimination. Grantee and any contractors/subcontractors will not
discriminate against any person in the performance of work under this agreement or in
the selection and retention of employees or procurement of materials or supplies on the
basis of age, sex, marital status, sexual orientation, religion, creed, color, national origin,
honorably discharged veteran or military status, or the presence of any sensory, mental,
or physical disability or the use of a trained guide dog or service animal by a person with
a disability, unless based upon a bonafide occupational qualification.
8. Contract Expiration. This contract shall run until the project is complete and until the
County has made all payments required under this Grant Agreement, except that the
project must be completed no later than December 31, 2023, unless extended by mutual
agreement.
9. Failure to Appropriate. Grantee acknowledge that the County may only appropriate
monies for this grant in the current year and in a manner consistent with Paragraph 1
above. The County agrees to appropriate monies to fund this grant unless emergency
circumstances prevent the County from doing so. Any monies to be paid by the County to
the Grantee for this grant are subject to appropriation by the County Commission.
10. Integrated Agreement. This Grant Agreement represents the entire and integrated
agreement between the County and the Grantee and supersedes all prior negotiations,
representations, or agreements written or oral.
11. Modification of this Agreement. This Agreement may be amended or supplemented only
by a writing that is signed by duly authorized representatives of all parties.
Page 3 of 5
PIF Grant Agreement— Port of Port Townsend—Jefferson County International Airport Eco-
Industrial Park
12. No Assignment. Grantee shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
13. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
14. No Third-party Beneficiaries; Relationship of the Parties. The parties do not intend, and
nothing in this Agreement shall be construed to mean, that any provision in this
Agreement is for the benefit of any person or entity who is not a party.No agent,
employee or representative of any party shall be deemed to be an agent, employee or
representative of any other party for any purpose, and the employees of one party are not
entitled to any of the benefits any other party provides to its employees.
15. Controlling Law. It is understood and agreed that this Agreement is entered into in the
State of Washington. This Agreement shall be governed by and construed in accordance
with the laws of the United States, the State of Washington and the County of Jefferson,
as if applied to transactions entered into and to be performed wholly within Jefferson
County, Washington between Jefferson County residents. No party shall argue or assert
that any state law other than Washington law applies to the governance or construction of
this Agreement.
16. Hold Harmless and Indemnification: Each party (the "Indemniter") shall hold the other
(the"Indemnitee"), harmless, indemnify and defend the other its board or commission
members, officers, officials, employees, agents, and marital communities from and
against any and all claims, actions, suits, liability, loss, expenses, damages, and
judgments of any nature whatsoever, including, but not limited to, reasonable costs and
attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of the performance of this
contract, its employees, agents, subcontractors, marital communities or anyone for whose
acts any of them may be liable, except for injuries and damages caused by the sole
negligence of the Indemnitee. If the claim, suit or action involves concurrent negligence
of the Parties, the indemnity provisions provided herein shall be applicable only to the
extent of the percentage of each party' s negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes each party'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. The
provisions of this Section shall survive the expiration or termination of this Contract.
Page 4 of 5
PIF Grant Agreement Port of Port Townsend - Jefferson County International Airport Eco-
Industrial Park
SIGNATURES APPEAR ON THE FOLLOWING PAGE
IN \k TNESS Vl' EREOF, the parties have caused this Grant Agreement to be executed this
2v`- day of a k .' t . 2024.
Jefferson County- Port o o Townsend
Board of Commissioners
2 2`/
Kate Dean, Chair Date Eron Berg, Director Date
ATTEST: �~""
ea ile_vek 6J(6, �,,� �EFFERS
r O
Carolyn Callaway, CM1.0 Date E _ O
c
Clerk of the Board 2
O:
icy 0•
S•
APPROVED AS TO FORM: 'a,aINGTON •
N+uwwaa��
-.D 'ts^^- 17/771D023
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
Page 5 of 5
BINDER
(5unIrnary of Coverdgej
I
MEMBER: MEMORANDUM#
Port of Port Townsend
2024-318-P-001
PO Box 1180
Port Townsend,Washington 98368-4624 EFFECTIVE:
9/1/2023 through 8/31/2024
This binder is subject to the terms and conditions as referenced in the Memorandum of Coverage
COVERAGE: COVERAGE TYPE LIMIT** DEDUCTIBLE/
CO-PAY
GENERAL LIABILITY
General Liability;Professional Liability Each occurrence $20,000,000 $5,000
AUTO LIABILITY
Hired and Non-Owned;Temporary Substitute Each occurrence $20,000,000 $5,000
PUBLIC OFFICIALS ERRORS AND OMISSIONS LIABILITY Each Wrongful Act 520,000,000 $5,000
Member Aggregate $20,000,000
EMPLOYMENT PRACTICES LIABILITY Aggregate Per member $20,000,000 20%Co-pay*
CRIME BLANKET COVERAGE Per Occurrence $1,000,000
WITH FAITHFUL PERFORMANCE OF DUTY Member Aggregate N/A 51,000
Per Schedule with
NAMED POSITION COVERAGE Per Occurrence Enduris $1,000
WITH FAITHFUL PERFORMANCE OF DUTY
Member Aggregate N/A $1,000
PROPERTY/MOBILE EQUIPMENT/BOILER AND
Replacement Cost Per Schedule with Per Schedule with
MACHINERY Enduris Enduris
CYBER COVERAGE Member Aggregate $2,000,000 20%Co-pay*
APIP Program Aggregate $40,000,000 -
AUTOMOBILE PHYSICAL DAMAGE Per Schedule with Enduris Per Schedule with
Enduris $1,000
IDENTITY FRAUD EXPENSE REIMBURSEMENT Per Occurrence $25,000 $0
Member Aggregate $25,000
*Co-pay may be waived as per Memorandum of Coverage
**Subject to limits and sub-limits as noted in the Memorandum of Coverage
- _ _.;:j/11/1. (
Aut. rued Representative
Executive Director
•
._ _._...� a .-..,:....._.s........ � -
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Mark McCauley, County Administrator
DATE: January 2, 2024
RE: AGREEMENT re: Public Infrastructure Project Funding: Jefferson County
International Airport Eco-Industrial Park Project; Port of Port Townsend;
$350,000
STATEMENT OF ISSUE:
On December 18, 2023, the Board of County Commissioners approved the Public Infrastructure
Board's recommendation to fund four projects submitted for 2024 Public Infrastructure grant
funding and directed staff to draft grant agreements with the submitting public agencies. This
request is for BOCC approval of one of those grant agreements.
ANALYSIS:
The Port of Port Townsend submitted a proposal for a Jefferson County International Airport
Eco-Industrial Business Park which will provide up to eleven(11) one-acre"pad-ready" sites
provided with supporting infrastructure to attract new businesses and allow existing businesses in
our community to expand.
This project is important to the economic development of Jefferson County; and
The attached grant agreement will enable this project to proceed.
FISCAL IMPACT:
Adequate funds are available in fund balance in the Public Infrastructure Fund - Fund 306 to pay
for the entire grant amount of$350,000. Budget for this grant award will be requested during the
1 St Quarter supplemental budget appropriation process ending in April 2024.
RECOMMENDATION: Approve the proposed Grant Agreement.
REVI ID BY:
Mark McCau g , County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port of Port Townsend Contract No: PIF-JCIA-2024
Contract For: JCIA Edo-Industrial Park Term: Through December 31, 2025
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co Jefferson wa.us
AMOUNT: $350,000 PROCESS: —
Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: $350.000 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund # 306 ,3� RFP or RFQ
Munis Org/Obj 306 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C IAN E 3.55.O80 AND CHAPTER 42.21 RCW.
CERTIFIED: n N/A:0 / 3
nature D e
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN DEBARRE ' ANY FEDERAL, STATE, OR LOCAL
AGENCY. f//(CERTIFIED: N/A: l�ature Dat
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically t rough Laserfiche):
Electronically approved by Risk Management on 12/28/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/27/2023.
PAO Approval as to form. 12.27.2023
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