HomeMy WebLinkAboutRainshadow Radio Tower JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 11, 2023
RE: ARPA Grant Request From KPTZ, FM 91.9: requesting funds be redirected
from the Morgan Hill radio tower site to the Rainshadow Road radio tower
site
STATEMENT OF ISSUE:
In 2022 KPTZ was awarded$65,000 in ARPA funding to help with the installation of a radio
tower on Morgan Hill. The radio tower was to enhance communications during disasters and to
provide a degree of redundancy to KPTZ's broadcasting network. The Morgan Hill site has
proven to be problematic with permitting delays and the untimely departure of the project
manager.
KPTZ has decided to abandon the Morgan Hill project for now and proceed with another tower
project it has on Rainshadow Road. The Rainshadow Road tower is now a vital interest of KPTZ
—they say it's "existential."
They are asking that the Morgan Hill tower funding be redirected to the Rainshadow Road tower
project. They already have the funds in hand and are simply requesting that the County
Commissioners approve the use of those funds for the Rainshadow radio tower site.
ANALYSIS:
The Rainshadow Road tower site yields the same benefits to the county as the Morgan Hill tower
site. Staff therefore recommends the Board approve the attached ARPA grant agreement which
supersedes the Morgan Hill grant agreement.
FISCAL IMPACT:
Funds have already been provided to KPTZ so this request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners approve the attached grant agreement.
REY#&ID BY:
AffA4/S4 42 b/I
Mark Mccyey, County Administrat Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: KPTZ, FM 91.9 Contract No: KPTZ ARPA-2
Contract For: Rainshadow Road Radio Tower 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: None-funds already advanced PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# N/A RFP or RFQ
Munis Org/Obj N/A Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C L NCE 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑■ N/A: �
i nature D e
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSE FO CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED Y A EDERAL, STATE, OR LOCAL
AGENCY. /
CERTIFIED: � N/A: C.
Signature ate
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically thro Laserfiche):
Electronically approved by Risk Management on 12/7/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/7/2023.
County standard ARPA grant form.
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
GRANTEE AGREEMENT WITH KPTZ, FM 91.9
This Grantee Agreement ("Agreement") is by and between Jefferson County, a Washington political
subdivision ("County")and KPTZ, FM 91.9, a Washington municipal corporation, ("Grantee").
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act(ARPA)
into law; and
WHEREAS, the 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 operates a local radio station that is authorized by Jefferson County to
inform the public during emergencies and natural disasters; and
WHEREAS, a previous ARPA grant agreement provided $65,000 for a radio tower installation
on Morgan Hill which is now no longer feasible; and
WHEREAS, The Grantee now wishes to install a radio tower and related auxiliary equipment on
land leased long-term on Rainshadow Road which will also significantly improve their ability to
broadcast information useful to our citizens during an emergency or natural disaster: and
WHEREAS, Jefferson County agrees that the new radio tower will improve the resiliency and the
emergency and disaster preparedness of the County: and
WHEREAS, Grantee has requested that the County redirect the $65,000 originally approved for
the radio tower on Morgan Hill in support of this effort:
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:
Grant Amount and Grantee's Use of Grant Funds. The Grant amount is $65,000. The Grant is to
be used to erect a radio tower and related auxiliary equipment on Rainshadow Road, per Exhibit
A.
Reporting Requirements. Grantee will submit a report to the County following the completion of
the radio tower project. The report will include information regarding the usage of the $65,000
grant amount and the completed project.
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.
Termination. The County may terminate this Agreement, for convenience or otherwise and for no
consideration or damages, upon prior notice to the Grantee.
1
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.
Indemnification. 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.
Insurance. Prior to commencing work, the Grantee shall obtain at its own cost and expense the
following insurance coverage specified below and shall keep such coverage in force during the
terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the performance
of the work for a combined single limit of not less than $500,000 each occurrence with the County
named as an additional insured in connection with the Consultant's performance of his
Agreement. This insurance shall indicate on the certificate of insurance the following coverage:
(a) Owned automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles.
Commercial General Liability. Insurance 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 insurance 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;
d. Premises— Operations Liability (M&C);
e. Blanket Contractual Liability.
The County shall be named as an"additional named insured"under all insurance policies required
by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the County.
2
Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; 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 insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it 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 insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured" to a policy obtained by
the Consultant refers to an endorsement(by number or name) but does not provide the full text of
that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that
endorsement and forward that full text 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 insurance shall not relieve the Grantee
from any liability under this Agreement, nor shall the insurance 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 insurance policies, with the exception of Professional Liability Insurance, so affected shall
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance.
Insurance companies issuing the Grantee's insurance policy or policies 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 insurance policy.
All deductibles in the Grantee's insurance policies 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 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 insurance policy the
Grantee shall provide to comply with this Agreement.
3
The County may, upon the Grantee's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Grantee.
The Grantee shall provide a copy of all insurance policies specified in this Agreement.
Written notice of cancellation or change in the Grantee's insurance required by this Agreement
shall reference the project name and agreement number and shall be mailed to the County at the
following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA
98368.
The Grantee's liability insurance provisions 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 the insurance policies shall not affect coverage
provided to the County, its officers, officials, employees, or agents.
The Grantee's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
The Grantee shall include all Sub-Grantees as insured under its insurance policies or shall furnish
separate certificates and endorsements for each Sub-Grantee. All insurance coverage for Sub-
Grantees shall be subject to all the requirements stated in this Agreement.
The insurance limits mandated for any insurance 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 insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services shall be promptly replaced. All the insurance policies
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 insurance 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 insurance on an individual basis for extra
hazardous contracts and specific service agreements.
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.
4
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 insurance.
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.
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.
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.
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
Kate Ingram
General Manager
P.O. Box 2091
Port Townsend, WA 98368
Jefferson County
Mark McCauley
County Administrator
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
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
5
gratuity whatsoever has been or will offered or conferred with a view towards obtaining,
maintaining, or extending this Agreement.
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.
Time. Time is of the essence in this Agreement.
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.
Amendment.No amendment or modification to this Agreement will be effective without the prior
written consent of the authorized representatives of the parties.
Governine 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.
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.
Binding Effect,This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors.
Assienment. 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.
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.
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.
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.
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.
6
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.
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 KPTZ,91.9 FM
COMMISSIONERS
By:
By:
Greg Brotherton, Chair DATE
Name: DATE
SEAL:
ATTEST:
Carolyn Gallaway, CMC DATE
Clerk of the Board
Approved as to form nly:
0. C December 7,2023
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
KPTZ19109Radio Port TownsendFM
PROPOSAL
REDIRECTING MORGAN HILL FUNDING TO RAINSHADOW ROAD
EMERGENCY TRANSMISSION SITE
PROJECT SUMMARY
KPTZ is a full-service community radio station that performs an essential role as a trusted emergency
information provider.Jefferson County recognized our crucial emergency service role by supporting KPTZ's
project to construct a small back-up broadcast facility at Morgan Hill. For reasons explained below, that
project has been suspended.We are requesting that the $65,000 granted to KPTZ for the Morgan Hill
project be redirected to help develop the same capability at a different site, a new transmitter and tower
location on Rainshadow Road.
WHAT IS THE RAINSHADOW ROAD PROJECT?
The landowner of the property where KPTZ's tower and transmitter sit has declined to sell the property or
renew its lease.Therefore KPTZ was compelled to find a new location within a very narrow area compliant
with FCC regulations. We found a new site on Rainshadow Road, negotiated a long-term lease with a
supportive landowner, and received an FCC construction permit to move our transmitter there.
KPTZ will construct a new transmission tower and a small building to both house KPTZ's transmitter and
serve as an emergency back-up studio. The site will have a generator and supplies to allow volunteer
emergency broadcasters to stay on the air indefinitely.
WHAT HAPPENED TO THE MORGAN HILL PROJECT?
The Morgan Hill tower and transmission facility plan fell victim to permitting delays and manpower issues.
The plan was to construct a small microwave communications and back-up transmitter facility and tower at
the Morgan Hill Reservoir in Port Townsend. In summer of 2022 KPTZ was on track to implement both the
Morgan Hill and the Rainshadow Road efforts. At that time KPTZ Board President Dom Svornich was
project managing the Rainshadow Road project and board member Ray Serebrin was coordinating the
Morgan Hill effort. It became clear that the City permitting process was going to take longer than
expected, and at the end of 2022, Dom left the board with the Rainshadow project still in the permitting
process.
KPTZ realized it did not have capacity to pull off both the Rainshadow and Morgan Hill projects to meet
FCC deadlines, particularly because massive effort still is focussed on moving to our new studios at Fort
Worden. Establishing a new transmitter site at Rainshadow Road is existential for KPTZ. The FCC permit
for this move expires on April 8, 2024, so time is short. If the station does not complete the move to
Rainshadow Road, KPTZ could go off the air, having drastic implications for overall service to the
PO Box 2091, Port Townsend WA 98368 kptz.org 360-379-6886
community and for emergency services in the county. As a result Ray's efforts were diverted to the
Rainshadow Road project.
OUR REQUEST
The Rainshadow Road project requires a significant capital outlay, over $200,000. The tower and antenna
will cost upwards of$40,000, and an emergency studio and transmitter facility will cost in the range of
$2S,000-$30,000.The previously allocated $6S,000 from Jefferson County remains unspent in KPTZ's
account at First Federal Bank. We request that it be repurposed, so it may be used on capita/expenditures
for the Rainshadow Road project. (We are happy to provide a detailed budget if appropriate.)
RAINSHADOW ROAD PROJECT UPDATE AS OF NOVEMBER 29, 2023
KPTZ executed a long-term lease with the new site landowner(Mark Magee), DCD granted a construction
permit, and site preparation began. The permit was disputed, however, and a suit was filed by a couple who
own property on Rainshadow Road. A hearing to settle the matter is scheduled in Superior Court on
February 21, 2024. Until then the project is suspended,and the FCC project deadline is deferred until the
issue is resolved. Nonetheless, planning goes on as we await resolution of the matter.
PO Box 2091, Port Townsend WA 98368 kptz.org 360-379-6886