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HomeMy WebLinkAboutPort of Port Townsend PIF Funding: JC Timber Cooperative - 070626 PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative Grant Agreement by and Between Jefferson County and Port of Port Townsend (Grantee) For Public Infrastructure Project Funding Jefferson County Timber Cooperative 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,the Port of Port Townsend, in partnership with the Jefferson Timber Cooperative, has submitted a proposal to the Public Infrastructure Fund Board in support of an emergent 2026 project ; and WHEREAS,the Jefferson County Timber Cooperative Project will develop an Industrial Symbiosis Park in east Jefferson County that achieves circularity in wood processing. This project is important to the economic development of Jefferson County; and WHEREAS, on April 8, 2026, the Public Infrastructure Fund Board recommended that the County approve a 100% grant to the Port of Port Townsend for the Jefferson County Timber Cooperative Project in the amount of$285,000 to be applied as a 50% match for the Industrial Symbiosis Grant Program awarded to the Port of Port Townsend in 2026 from the Washington State Department of Commerce; and 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 Jefferson County Timber Cooperative Project. The approved maximum amount of the grant shall be $285,000. The grant($285,000) shall be available based on submission of appropriate invoices pursuant to Section 3. 2. Project Description, Schedule and Budget. The Jefferson Timber Cooperative (JTC)will develop an Industrial Symbiosis Park in east Jefferson County that achieves circularity in wood processing. The developments will include electrical service upgrades, water service installation for potable and fire safety requirements, and site development for operations. The new infrastructure will facilitate shared resource streams that result in new products and new businesses. Co-located businesses at the Park will also focus on branding, marketing, and Page 1 of 6 PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative selling both primary products like lumber and upcycled products processed from waste streams. A complete project description is in Exhibit A. The project begins in 2026 and shall be completed no later than December 31, 2027. 3. Grantee Payment. Expenses incurred by the project's consultants, contractors, suppliers, or Grantee's staff for work performed on the Jefferson County Timber Cooperative 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. 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. Page 2 of 6 a PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative 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. 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 Page 3 of 6 PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative 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, 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. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 4 of 6 PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this day of 2026. Jefferson County Port of Port Townsend Commissioners 07/09/26 ire therton, Chair Date Eron Berg, Director Date A I I EST / 4134{1k4 (9Carolyn Gallaway. 1)atc ,11 Clerk of the Board APPROVED AS TO FORM: June 25,2026 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 5 of 6 PIF Grant Agreement—Port of Port Townsend—Jefferson County Timber Cooperative EXHIBIT A Project Description The Port of Port Townsend (the Port) and the Jefferson Timber Cooperative (JTC) are partnering to create an Industrial Symbiosis Park in east Jefferson County. The Park will focus on turning wood waste from current and future on-site businesses into useful, value-added products. The Park is located on two Port-owned parcels (APN 001332017 and APN 001332013). Planned improvements include upgrades to electrical service, new water infrastructure for potable water and fire protection, and site surface improvements to support day-to-day operations. Page 6 of 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Jefferson County Board of Commissioners FROM: Carolyn Gallaway, Clerk of the Board DATE: July 6, 2026 SUBJECT: AGREEMENT re: Public Infrastructure Fund (PIF): Jefferson County Timber Cooperative Project; $285,000; Port of Port Townsend STATEMENT OF ISSUE: On April 8, 2026, the Public Infrastructure Fund Board recommended that the County approve a 100% grant to the Port of Port Townsend for the Jefferson County Timber Cooperative Project in the amount of$285,000 to be applied as a 50% match for the Industrial Symbiosis Grant Program awarded to the Port of Port Townsend in 2026 from the Washington State Department of Commerce; and ANALYSIS: The Jefferson County Timber Cooperative Project will develop an Industrial Symbiosis Park in east Jefferson County that achieves circularity in wood processing, and PIF members support this project for its importance to the economic development of Jefferson County. FISCAL IMPACT: $285,000 from the PIF Fund 306. RECOMMENDATION: Staff requests that the Commissioners approve the attached agreement. REVIEWED BY: CatZenbetd3[210 6)/g1/94 Josh D. Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: PORT OF PORT TOWNSEND Contract No: JC TIMBER 2026 Contract For: PIF FUNDING: JC TIMBER COOPERATIVE I erm: THROUGH 12/31/2027 COUNTY DEPARTMENT: COUNTY ADMINISTRATOR Contact Person: CAROLYN Contact Phone: 360-385-9122 Contact email: CAROLYN@CO.JEFFERSON.WA.US AMOUNT: s285,000 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 # 306 RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM LIANCE/WIT I I.CC 3.55.080 AND CHAPTER 42.23 RCW. a N/A:a CERTIFIED: �' (?e`JC CJ� �/Zy/Zf. 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. 611.091.,. vCERTIFIED: N/A: El 6 GL " Y/ , (ignature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/26/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/25/2026. 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