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Home My WebLink AboutGlen Cove Infrastructure - 010224 PIF Grant Agreement—Jefferson County—Glen Cove Infrastructure Grant Agreement by and Between Jefferson County and Jefferson County- County Administrator(Grantee) For Public Infrastructure Project Funding Glen Cove Infrastructure 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 Jefferson County Commissioner Greg Brotherton submitted a proposal for funds to study the design and feasibility of connecting the Glen Cove area to the Port Townsend sanitary sewer and potentially: roads, fiber, stormwater, and electrical service, which would be done in parallel with the Jefferson County and City of Port Townsend 2025 Periodic Updates to their respective Comprehensive Plans; and WHEREAS, the Glen Cove area represents significant economic development and affordable housing potential once it is provided with urban infrastructure; and WHEREAS, on November 28, 2023,the Public Infrastructure Fund Board recommended that the County approve a 100% grant to Jefferson County to study the feasibility of and design infrastructure of the Glen Cove area to include roads, fiber, stormwater, electrical and sanitary sewer; 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 Glen Cove Infrastructure Project. The approved maximum amount of the grant shall be $250,000. The grant($250,000) shall be available based on submission of appropriate invoices pursuant to Section 3. Page 1 of 5 PIF Grant Agreement—Jefferson County—Glen Cove Infrastructure 2. Project Description, Schedule and Budget. The project is to study the feasibility of and design infrastructure for the Glen Cove area to include roads, fiber, stormwater, electrical and sanitary sewer. The grant begins in 2024 and shall be completed no later than December 31, 2025. 3. Grantee Payment. Grantee will submit an invoice annually prior to the annual debt service payment to the Department of Ecology. 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. 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. Page 2 of 5 PIF Grant Agreement—Jefferson County—Glen Cove Infrastructure 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 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 Page 3 of 5 PIF Grant Agreement—Jefferson County—Glen Cove Infrastructure 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 5 PIF Grant Agreement—Jefferson County—Glen Cove Infrastructure IN W TNESS W EREOF, the parties have caused this Grant Agreement to be executed this (/ day of 3a!'t-(4Gti%J , 2024. Jefferson County Jefferson County,County Administrator Public Works Board of Commissioners , M r z'get' fey �eitih„ Chair Date Mark Mc ley ate ATTES p„pNN.nnppM eft klirV), (l)41a fhb .654 `90 Caroly ,Gallav`ay, CMC Date : Clerk of the Board ° 11 •` z o F. 0•• 2 9s. APPROVED AS TO FORM: j e eiA1 1) t.'`4'"u''"" 12/28/2023 Barbara Dykes Ehrlichman Date Civil Deputy Prosecuting Attorney Page 5 of 5 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: Glen Cove Infrastructure Feasibility and Design - $250,000 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: Commissioner Greg Brotherton submitted a proposal to study the design and feasibility of connecting the Glen Cove area to the Port Townsend sanitary sewer and potentially: roads, fiber, stormwater, and electrical service. This would be done in parallel with the Jefferson • County and City of Port Townsend 2025 Periodic Updates to their respective Comprehensive Plans. The Glen Cove area represents significant economic growth and affordable housing potential once it is provided with urban infrastructure. The PIF Board recommended that the Board of County Commissioners approve the funding which it did on December 18, 2023. A grant agreement for the Board's approval is attached. FISCAL IMPACT: The Public Infrastructure Fund—Fund 306 - has sufficient funds to support funding this grant award. Budget for this grant award will be requested during the 1st Quarter supplemental budget appropriation process ending in April 2024. RECOMMENDATION_ Approve the attached grant agreement. REVIE BY: /1/1,-,-A5 Mark McCaul County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Contract No: Glen Cove PIF 2024 Contract For: Glen Cove Infrastructure 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: $250,000 PROCESS: Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: $250,000 Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund # 306 _L. RFP or RFQ Munis Org/Obj 306 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO LIAN E W T 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■ N/A:I I • f a`/vac/73 ature 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: D N/A: ignature Date STEP 3: RISK MANAGEMENT REVIEW(will he added electronically 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 12/28/2023. PAO Approval as to Form. 12.28.2023 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