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HomeMy WebLinkAboutCONSENT Amend 3 Sims Way and Boatyard Expansion 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. 3 to the Grant Agreement by and between Jefferson County and Port of Port Townsend, Jefferson County Public Utility District No. 1 and the City of Port Townsend for Public Infrastructure Fund (PIF)— Sims Way and Boatyard Expansion STATEMENT OF ISSVFi On November 15, 2021, 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: lig a4ur. _ , ., 1D as ac- Jo 'eters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: City of PT, Port of PT,PUD No. 1 -Amendment No. 3 Contract No: SimsGW-3rd-2025 Contract For: Sims Gateway and Boatyard Expansion 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 PROC ESS: _ 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# L RFP or RFQ Munis Org/Obj _Other: ;'.I'I'ROVAL STEPS: s r i:p 1: DEPARTMENT CERTIFIES COMPLIANC WITH JCC 3�55.080 AND CHAPTER 42.23 RCW. ( FRTIFIED: Q■ N/A: (7ak'L, (--)&"ta / of2L/zs- Signdture / 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: a N/A: n t jt.V.- l6/2 2/Z3 ature Date STEP 3: RISK MANAGEMENT REVIEW(will he 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. 3 to the Grant Agreement by and Between Jefferson County and the Port of Port Townsend, Jefferson County Public Utility District No. 1 and the City of Port Townsend For Public Infrastructure Project Funding Sims Way Gateway and Boatyard Expansion 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 Board of Commissioners Port of Townsend Heidi Eisenhour, Chair Date Eron Berg, Director Date City of Port Townsend SEAL: John Mauro, City Manager Date Public Utility District No. 1 ATTEST: Joe Wilson, General Manager Date Carolyn Gallaway, CMC Date Clerk of the Board Approved as to form only. October 22,2025 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 r j Amendment No. 2 to the Grant Agreement by and Between Jefferson County and Port of Port Townsend,Jefferson County Public Utility District#1 and the City of Port Townsend For Public Infrastructure Project Funding Sims Way Gateway and Boatyard Expansion This Amendment No. 2 to the Agreement cited above is made and entered into by and between the grantees and Jefferson County, a political subdivision under the laws of the State of Washington ("County"), (collectively "Parties"). WHEREAS, the Parties want to amend the Agreement entered into between them; NOW, THEREFORE, the Parties agree as, follows: 1. Purpose.The purpose of this Amendment is to increase the grant amount pursuant to an additional award of $300,000 as recommended by the Public Infrastructure Fund Board on November 28, 2023 and approved by the Board of County Commissioners on December 18, 2023. 2. Amendment. • The Whereas clause that currently reads: "on November 2, 2021, the Public Infrastructure Fund Board recommended that the County approve a 100%grant to the Sims Gateway Plan Implementation and Boatyard Expansion Project in the amount of $1,000,000" is amended to read "on November 2, 2021, the Public Infrastructure Fund Board recommended that the County approve a 100%grant to the Sims Gateway Plan Implementation and Boatyard Expansion Project in the amount of $1,000,000 which was subsequently increased to $1,300,000 by the Board of County Commissioners on December 18, 2023." • That portion of Paragraph 1. Grant Commitment. That currently reads: "The approved maximum amount of the grant shall be $1,000,000. The grant ($1,000,000) shall be available based on submission of appropriate invoices pursuant to Section 3." is amended to read: The approved maximum amount of the grant shall be $1,300,000. The grant ($1,300,000) shall be available based on submission of appropriate invoices pursuant to Section 3." • That portion of Paragraph 3. Project Description, Schedule and Budget. That currently reads: "The grant funds $1,000,000 of the project's total cost of $1,970,000, with funds to be allocated among the grantees as described in the funding request submitted to the PIF Board (Port - $450,000; PUD - $350,000; City-$200,000)."is amended to read:`'The grant funds$1,300,000 of the project's total cost of$2,300,000,with funds to be allocated among the grantees as described in the funding requests submitted to the PIF Board (Port - $450,000; PUD - $350,000; City- $500,000)." 3. No Other Change. All other terms of the Grant Agreement between the Parties remain unchanged, except as modified in this Amendment. (SIGNATURES FOLLOW ON NEXT PAGE) DocuSign Envelope ID:A7FF6274-E4FE-41A4-9095-E1E16415CA26 IN \VI I NI-SS Wi IF fa.1 11'. the parties ha%e caused this irant Agreement Amentimen: I to he c‘ccuted this Ji 't :u2-1 .lefferson ( ounte Port of Port Ton nsend Board of Commissioners , Chair Date Fron Berg. I)irector I)ate AlITS I Cite of Port Ton nsend 1.111. CM(' I I)ate iklin Mauro. (Sit \tanager " l - ,c„ Vlerk hlthe Board - — , - Pitillitbctistifitv District •^ Sfvulf 3/14/2024 APO3VF1) AS f( FORNI: •••--DD02775FB800420 Ke ii Street. ieneri! 7.•" • ••...I'. Barbara I)),kes Ehrlichman Date ('i‘ 1)eput Prosecutin Nttome Pug. _ _ IN WITNESS WFIERFOF, the parties have caused this Grant Agreement Amendment No. I to he executed this __2 day of etkAt -12'2-0Z 7 Jefferson County Port of Port Toss nsend Board of Commissioners r't910------......._ li2 2 <3 114y1 l wan, Chair Date Eron Berg, Director Date ATTEST: City of Port Townsend 03/15/24 : '12-bi '"1 COU olyn ( Ilaccay, CAC- Date John Mauro,City Rianager Date :`'t�0Cc10NFNT'y'' -i.4, • ' le.rh al the Board c w f 'z z Public Utility District #1 -, :V 1t7�' . 0 i � �. ARf��VEI)AS TO FORM: le Sj.'••. '1' + Kevin Streett. (i neral Manager Date gi'''N11p1100# �� +..J 9074,&-,1) lrl4.4l )2/27/2023 `Fo I I Ca)/ig par-3e- Barbara Dykes Ehrlichman Date Civil Deputy Prosecuting Attorney Pave 1of2 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley,County Administrator DATE: January 2, 2024 SUBJECT: Request for Board Approval, re: Amendment No. 2 to the Grant Agreement by and Between Jefferson County and Port of Port Townsend, Jefferson County Public Utility District No. 1 and the City of Port Townsend for Public Infrastructure Funding(PIF)—Sims Way and Boatyard Expansion STATEMENT OF ISSUE: On November 15, 2001 the Board of County Commissioners approved a Public Infrastructure Fund (PIF) grant for the above referenced project. Due to significant delays an amendment to the grant agreement term was approved by the Board extending the agreement through October 31, 2025. The delays also caused project costs to increase significantly. The project proponents, in response to the 2024 PIF Request for Proposals solicitation, submitted a proposal requesting an additional $300,000 to cover public engagement costs and resulting landscaping and streetscaping improvements. In addition, capital costs have risen substantially since this project was approved in 2021. 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: Rather than create a new grant agreement staff decided to simply amend the existing agreement a second time to increase the amount by $300,000. FISCAL IMPACT: This request increases funding by $300,000 to be paid out of the Public Infrastructure Fund—Fund 306. RECOMMENDATION: That the Board approve the attached grant agreement 2"d amendment. REVIEWED BY: Mark McCatay, County Administra Date CONTRACT REVIEW FORM I ClearForrr (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Port of PT City of PT,JC PUD No. 1 -Amendment No 2 Contract No: Sims GW Am. No.2 Contract For: Sims Gateway Project 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 AMOI `T: $300.000 PROCESS: — Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: $300,000 Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N A Vendor List Bid Fund # .041.4,3e, 3©� ,�, RFP or RFQ Munis Org%Obj Q01 270 30,6 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO I NCE C 3.5'4.080 AND CHAPTER 42.23 RCW. CERTIFIED: Q N/A:I /vl �3 nature �Date� l; STEP 2: DEPARTMENI CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: rill N/A: , /%t C �j r''? 0.2 nature STEP 3: RISK MANAGEMENT REVIEW(will be added etc.1r4 nicalls through 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 Apporval 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 Amendment No. 1 to the Grant Agreement by and Between Jefferson County and Port of Port Townsend, Jefferson County Public Utility District#1 and the City of Port Townsend (grantees) For Public Infrastructure Project Funding Sims Way Gateway and Boatyard Expansion This Amendment No. 1 to the Agreement cited above is made and entered into by and between the grantees and Jefferson County, a political subdivision under the laws of the State of Washington ("County"), (collectively "Parties"). WHEREAS, the Parties want to amend the Agreement entered into between them; NOW, THEREFORE, the Parties agree as, follows: I. Purpose. The purpose of this Amendment is to revise the time for performance as provided for in the original Agreement. All other terms of the Agreement between the Parties remain unchanged. 2. Amendment. The third section of paragraph 2. is amended to read: "The project begins late 2021 and shall be completed no later than October 31, 2025." 3. Other than the amendment above there are no other amendments to this agreement. (SIGNATURES FOLLOW ON NEXT PAGE) 1 • IN WITNESS SS \V I lE:RLO . the parties have caused this Grant Agreement Amendment No. I to he executed this day 01 . 2023. Jefferson County. Port of Port Townsend Board of Commissioners Greg 13rotherton. Chair Date Eron Berg. Director Date .\ [TEST: City of Port Townsend Carolyn (iallima . ('MC Date John Mauro. City Manager Date Clerk of the Board Public Utility District #1 \PPROVE') AS TO FORM: Kex in Strectt. General Manager Date • August 25.2023 Philip C. I lunsucker Date Chief Civil Deputy Prosecuting; Attornc Page 2 of 2 • JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator DATE: August 28,2023 SUBJECT: Request for Board Approval, re: Amendment No. I to the Grant Agreement by and Between Jefferson County and Port of Port Townsend,Jefferson County Public Utility District No. 1 and the City of Port Townsend for Public Infrastructure Funding—Sims Way and Boatyard Expansion STATEMENT OF ISSUE: On November 15. 2001 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: Project proponents briefed the PIF Board on the status of the project during the August 24, 2023 PIF Board meeting and asked for a project term extension through October 31, 2025. The PIF Board passed a motion to recommend that the Board of County Commissioners approve a grant agreement amendment extending the project term. FISCAL IMPACT: This request has no fiscal impact— it is only an extension of time to complete the project. RECOMMENDATION: That the Board approve the attached grant agreement amendment. REVIEWED BY: '-/-2 0-5 Mark McCa 1 v, County Administrator .. Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT' WITH: C!ty o1 PT, Port of PT PUS No 1 -Amendment No 1 Contract No SimsG`N 1st Am-2023 Contract For: Sims Gateway and Boatyard Expansion Term Through 10-31-25 COUNTY DEPARTMENT: County Adm.nistrator Contact Person: Mark McCajtey Contact Phone: 36O-3e5-9!30 Contact email: mmccauIey@co tetterson*a us AMOUNT: no dollar amount PROCESS: Exempt from Bid Process Re\enue: NrA ('ooperati%e Purchase I \p ndi(ure: N'A Competitive Sealed Bid \latching 1 und' Required: WA Small Works Roster Scutrcc*(st of%latchin`_ l und' NA Vendor List Bid Fund N,A .�L, RFP or RFQ Muni: Orlii ( N A Other: APPROVAL STEPS: STEP 1: DEPARTMENT ( I-RTIFIES CO PLIANCE WI .WC 3.55.080 AND CHAPTER 42.23 CW. CERTIFIED: N/A:n vti /// � 51y ,2 3 • ignature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT B EN DEBARRED BY' ANY FEDERAL, STATE. OR LOCAL AGENCY. .- �it �� � / c/ CERTIFIED: a N/A: E L`��f� ✓ I _23 tiifrature ; Date STEP 3: RISK MANAGEMENT REVIEW (»ill he added electronicall through Laserfiche►: Electronically approved by Risk Management on 8/24/2023. Amendment - term extension. STEP 4: PROSECUTING ATTORNFV REV IF % t%%ill he added electronicall) through L.aserliche): Electronically approved as to form by PAO on 8/25/2023. Approval contingent on adding a sentence that says. Other than the amendments above, there are no other amendments to this Agreement. 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 1u"�- 1u� fV' l l t `c131N ,{ • PIF Grant Agreement — Sims Way Gateway Plan Implementation and Boat Yard Expansion Grant Agreement by and Between C f Jefferson County CC N !' ' and �r Port of Port Townsend, Jefferson County Public Utility District #1 and the City of Port 0 Townsend (Grantees) -+ n s � For Public Infrastructure Project Funding � --- Sims Way Gateway and Boatyard Expansion ---��� WHEREAS, RCW 82.14.370 authorizes a sales and use tax to provide funding of public H -� 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, the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project will address safety and reliability issues with the main power transmission lines feeding Port Townsend, implement the City's Gateway Development Plan and expand the boat yard along Sims Way to provide additional work space to support marine trades jobs in Jefferson County. This project is important to the economic development of Jefferson County; and WHEREAS, on November 2, 2021, the Public Infrastructure Fund Board recommended that the County approve a 100% grant to the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project in the amount of$1,000,000; and WHEREAS, on November 15, 2021 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 Grantees, 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 Grantees for Sims Way Gateway Plan Implementation and Boat Yard Expansion Project. The approved maximum amount of the grant shall be $1,000,000. The grant ($1,000,000) shall be available based on submission of appropriate invoices pursuant to Section 3. 2. Project Description, Schedule and Budget. The Sims Way Gateway Plan Implementation and Boat Yard Expansion Project will address safety and reliability issues with the main power transmission lines feeding Port Townsend, assist in implementing the City's Gateway Development Plan and expand the boat yard along Sims Way hereby providing additional work space to support marine trades jobs in Jefferson County. Page 1 of 6 PIF Grant Agreement— Sims Way Gateway Plan Implementation and Boat Yard Expansion To achieve these objectives, the project will remove the Lombardy Poplars along Sims Way, underground the power transmission lines on the south side of Sims Way, expand the boat yard to the Port's property line including electrical distribution and lighting, construct a pedestrian sidewalk on the south side of Sims Way, replant trees on the Sims Way corridor (with irrigation on the south side), and fence the boat yard with an aesthetically pleasing design. The project begins late 2021 and shall be completed no later than December 31, 2023. The grant funds $1,000,000 of the project's total cost of$1,970,000, with funds to be allocated among the Grantees as described in the funding request submitted to the PIF Board (Port - $450,000: PUD - $350,000; City $200,000). 3. Payment. Expenses incurred by the project's consultants, contractors, suppliers, or Grantees' staff for work performed on the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project, as described herein, shall be submitted to the PIF Administrator by the Grantees using a detailed invoice. The Port of Port Townsend is the point of contact for invoices and subsequent reimbursement requests to the County and will make those requests consistent with the project budget allocation provided by the Grantees in the PIF Grant application. Each detailed invoice shall show individual items followed by the total amount incurred and the amount eligible for reimbursement under this grant as well as the payee(s) (i.e., City, Port or PUD) for that particular reimbursement request. Grantees 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. Grantees 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, Grantees, 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 Page 2 of 6 PIF Grant Agreement —Sims Way Gateway Plan Implementation and Boat Yard Expansion c. Termination by the County. i. Should the Grantees 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 Grantees. ii. Grantees shall have the right and opportunity to cure any such material breach within the ten (10) day period. iii. The County may terminate this Agreement upon immediate notice to the Grantees in the event that the funding for the project ceases or is reduced in amount. Grantees will be reimbursed for services expended up to the date of termination. d. Termination by Grantees. 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, Grantees, 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. Grantees 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. Grantees 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 Grantees for this grant are subject to appropriation by the County Commission. Page 3 of 6 PIF Grant Agreement - Sims Way Gateway Plan Implementation and Boat Yard Expansion 10. Integrated Agreement. This Grant Agreement represents the entire and integrated agreement between the County and the Grantees 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. 12. No Assignment. Grantees 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 "Indemnitor") shall hold the other (the "Indemnitee"), harmless, indemnify and defend the other its board or commission members, officers, officials, employees and agents, 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, or subcontractors 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 Page 4 of 6 PIF Grant Agreement — Sims Way Gateway Plan Implementation and Boat Yard Expansion 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. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 5 of 6 PIF Grant Agreement - Sims Way Gateway Plan Implementation and Boat Yard Expansion IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this f! day of NOh�,�,_ , 2021. Jefferson County Port of Port Townsend Board of mmissioners 14Q(L4 Kate an, Chair Date Eron Berg, Direct Date ATTEST: City of Port Townsend ea 6P-Wr Carol Galloway - Date auro, City Manager Date Clerk of the Board Public Utility District#1 APPROVED AS TO FORM: //'l61 Levin Streett, General Manager Date 1. 11/12/2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 6 of 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Mark McCauley, Interim County Administrator DATE: November 15,2021 RE: AGREEMENT re: Public Infrastructure Project Funding: Sims Way Gateway Plan Implementation and Boat Yard Expansion Project; Port of Port Townsend, City of Port Townsend, Jefferson County Public Utility District #1; $1,000,000 STATEMENT OF ISSUE: On November 8, 2021, the Board of County Commissioners approved Resolution 65-21 approving the Public Infrastructure Board's recommendation to fund both projects submitted for grant funding and to authorize the Central Services Director to draft grant agreements with the submitting public agencies. This request is for BOCC approval of one of those grant agreements. ANALYSIS: In response to the PIF Board's Request for Proposals issued on August 3, 2021 four public agencies submitted two project proposals. On November 2, 2021,the PIF Board evaluated both projects and voted unanimously to recommend approval of both. The BOCC subsequently approved the PIF Board's recommendation by approving Resolution 65-21 on November 8, 2021. The Port of Port Townsend,the City of Port Townsend and PUD District#1 submitted a joint project proposal for the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project requesting $1,000,000 in funding. The Sims Way Gateway Plan Implementation and Boat Yard Expansion Project will address safety and reliability issues with the main power transmission lines feeding Port Townsend, implement the City's Gateway Development Plan and expand the boat yard along Sims Way to provide additional work space to support marine trades jobs in Jefferson County. To achieve these objectives, the project will remove the Lombardy Poplars along Sims Way, underground the power transmission lines on the south side of Sims Way, expand the boat yard to the Port's property line including electrical distribution and lighting, construct a pedestrian sidewalk on the south side of Sims Way, replant trees on the Sims Way corridor(with irrigation on the south side), and fence the boat yard with an aesthetically pleasing design. The attached grant agreement will enable this project to proceed. FISCAL IMPACT: Adequate funds are available in fund balance in Fund 306 to pay for the entire grant amount of$1,000,000. Budget for this grant award will be part of the 2022-2023 biennial budget to be approved by the Board in December 2021. • RECOMMENDATION: Approve the proposed Grant Agreement. REVIEW BY• l/ /Z-/Z Mark McCauley terim County Administr& Date • CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Port of Port Townsend, City of Port Townsend,PUD District#1 Contract No: Sims/Boatyard PIF 2022 Contract For: Sims Gateway and Boatyard Expansion 2022 PIF Grant Term: Through December 31, 2022 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 380-385-9130 Contact email: mmccauley©co.ietferson.wa.us AMOUNT: Stamm) PROCESS: ^' Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: $1,000,000 Competitive Sealed Bid Matching Funds Required: N/A : Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid xi RFPorRFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C PLIANCE WIT 3.5 080 AND CHAPTER 42.23 RCW. CERTIFIED: El N/A: Li fe/Z/ f; i nature /D>;te 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: I I N/A: Si lure Da STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/10/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/12/2021. Contract on County Grant Template. 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