HomeMy WebLinkAboutEDC Service Agreement JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: March 6, 2023
SUBJECT: Request for Board of County Commissioners approval of Amendment No. 1
To the Agreement to Finance Economic Development Personnel Between
Jefferson County and Economic Development Council Team Jefferson (EDC)
STATEMENT OF ISSUE: In 2021 Jefferson County and the EDC entered into an agreement
to fund economic development personnel using Public Infrastructure Fund (PIF) funds pursuant
to a recommendation from the Public Infrastructure Fund Board, as authorized by RCW
82.14.370 and JCC 3.28.030(2)(d). That Agreement is set to expire on June 30, 2023.
ANALYSIS: On Friday, February 24, 2023, the Public Infrastructure Fund Board approved a
motion to recommend extending the Agreement by 18 months as authorized in Section 1 of the
Agreement and to increase the amount payable in each of 2023 and 2024 to $100,000.
FISCAL IMPACT: This request increases the 2023 PIF contribution by $74,250 and its 2024
contribution by $100,000. These contributions will be paid using funds in the Public
Infrastructure Fund.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Amendment No. 1 to the Agreement to Fund Economic Development Personnel.
REVI D BY: 9
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Mark K4cCauy, County Adminis n
Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Economic Development Council-Team Jefferson Contract No: EDC/PIFAmend.No.1 23/24
Contract For: Economic Development Services Term: Through December 31, 2024
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co.jefferson.wa.us
AMOUNT: Additional$74,250 in 2023 and$100,000 in 2024 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: $74,250/$100,000 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund # 306 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C LI NCE IT J
n 3.55.080 AND CHAPTER 42. —
RCW.
CERTIFIED: F N/A: p? w oZature D e
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: ❑ N/A:
ature DatlS
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically throu serfiche):
Electronically approved by Risk Management on 2/28/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/28/2023.
Contract amendment.
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
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Amendment No. 1 to the Agreement to Finance Economic Development Personnel
This Amendment No. 1 to the Agreement to Finance Economic Development Personnel
is made and entered into by and between Economic Development Council Team Jefferson
(Contractor) 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 revise the time for performance and
the not to exceed contract dollar amount as provided for in the original Agreement. All other terms
of the Agreement between the Parties remain unchanged.
2. Amendment.
SECTION 1. EFFECTIVE DATE OF THIS AGREEMENT is amended to read:
"This Agreement is effective on January 1, 2022 and terminates on December 31,
2024, unless terminated earlier pursuant to Section 8 of this Agreement; however,
Section 2.2A. and Section 4.4 shall each survive such termination until fulfilled."
SECTION 4. COMPENSATION, Subsection 4.1 is amended to read: "Funding to
finance Contractor personnel shall be $100,000 in each of 2023 and 2024,payable in
equal quarterly installments in the first month of each quarter."
(SIGNATURES FOLLOW ON NEXT PAGE)
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Economic Development Council Team Jefferson:
Cindy Brooks, Executive Director
Date
FOR JEFFERSON COUNTY:
Greg Brotherton. Chair, Board of County Commissioners
Date
APPROVED AS TO FORM ONLY:
0' C. February 28,2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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'_ -• AGREEMENT TO FINANCE ECONOMIC DEVELOPMENT
PERSONNEL
This Agreement To Finance Economic Development Personnel (this Agreement) is entered
into by Jefferson County, a political subdivision and municipal corporation of the State of
Washington, having its principal offices at P.O. Box 1220, Port Townsend, WA 98368
(hereinafter "County"); and Economic Development Council Team Jefferson, a 501(c)(6)
tax exempt organization designated as the Jefferson County / Washington State Department
of Commerce's Associate Development Organization, registered with Washington State as a ,
non-profit corporation and having its principal offices at 2409 Jefferson Street, Suite A; Port
Townsend, WA 98368 (hereinafter "Contractor"); together referred to as "the Parties."
WHEREAS, RCW 82.14.370 authorizes certain counties to impose a sales and use tax state
that is deducted from the amount of tax otherwise paid to the state under chapter 82.08 or
82.12 RCW; and
WHEREAS, Jefferson County Code has imposed the sales and use tax authorized by RCW
82.14.370 since 1998, most recently codified by Jefferson County Ordinance No. 13-1119-18
and Chapter 3.28 JCC;and
WHEREAS, Jefferson County Ordinance No. 13-1119-18 and JCC 3.28.020 direct that such
monies shall be deposited in the Public Infrastructure Fund by the county treasurer; and
WHEREAS, RCW 82.14.370 stipulates that moneys collected under RCW 82.14.370 may
only be used to finance public facilities serving economic development purposes in rural
counties and finance personnel in economic development offices; and Jefferson County
Ordinance No. 13- 1119-18 and JCC 3.28.030(2)(d) also state that Public Infrastructure
Funds may be used "to finance personnel in economic development offices ...;" and
WHEREAS,the Contractor is an economic development office; and
WHEREAS, it is in the public interest to support economic development throughout
Jefferson County by utilizing a portion of Public Infrastructure Funds to help finance
personnel in EDC Team Jefferson, thereby stabilizing the Contractor and enhancing its
capacity; and
NOW,THEREFORE,the Parties hereby agree as follows:
SECTION 1. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement is effective on January 1, 2022 and terminates on June 30, 2023, unless
terminated earlier pursuant to Section 8 of this Agreement; however, Section 2.2A. and
Section 4.4 shall each survive such termination until fulfilled. This Agreement may be
extended for 18 months, if both parties agree.
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SECTION 2. SCOPE OF WORK
2.1 Public Infrastructure Funds provided yearly through this Agreement shall be used by
the Contractor exclusively to finance personnel of the Contractor in that same year.
Examples of ongoing activities of the Contractor conducted by or with the assistance
of the Contractor's personnel include:
• Providing direct business assistance: The Contractor offers information and
expertise throughout Jefferson County to help people build, grow, relocate a
business here, buy a business, or stay in business. This includes helping to
connect businesses with funding sources. In providing direct business
assistance, the Contractor shall actively promote geographic distribution and
equity.
• Information & Research: The Contractor offers local and regional economic
data, conducts periodic research and prepares reports across nine industry
sectors.
• Education & Training: The Contractor provides business skills classes,
business planning courses, and LEAN thinking workshops for entrepreneurs
and startups throughout Jefferson County.
• Associate Development Organization: The Contractor performs related
services as an Associate Development Organization to fulfill the statutory
requirements of Chapter 43.330 RCW.
In addition, in 2022, Contractor personnel will work with Washington State
University and the U.S. Small Business Administration for the purpose of having the
Small Business Development Center Advisor continue holding weekly office hours
in Jefferson County on an equitable basis.
2.2 The Contractor agrees to provide reports as outlined below.
A. For each half-year,on or before the following July 31 and January 31,provide to
the County (with copies sent to all members of the Public Infrastructure Fund
Board)the following reports:
• A half-yearly report of the use, services, programs and activities of the
Contractor under this Agreement for the prior half year; and for the 2nd half-
year of each year, the report shall also include a summary of the entire year;
• Half-year reports may include, but are not limitedto:
■ An annual Economic Vitality Index report, if available;
■ Business Retention and Expansion (BRE) activities;
■ Business Assistance activities;
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■ Community Readiness and Capacity Building activities.
• A half-yearly financial report, including a financial statement detailing actual
revenues and expenses, which statement shall also identify revenues and
expenditures of the PIF funds provided through this Agreement; and a staffing
summary, which shall also identify all staff financed in part with the PIF
funds provided through this Agreement; and for the 2nd half-year of each
year, the financial report shall also include a detailed financial statement and
staffing summary for the entire year.
B. Meet with the Public Infrastructure Fund Board (PIF Board) annually, or as
requested by the PIF Board Chair, to report on the Contractor's economic
development activities and staffing in the prior twelve months, and to outline
activities and staffing planned for the coming year.
C. Provide to the County a copy of publicly available information of all reports by the
Contractor to the Washington State Department of Commerce as an Associate
Development Organization (ADO) regarding its activities pursuant to Chapter
43.330 RCW and its activities funded by the State as an ADO.
SECTION 3. AGREEMENT REPRESENTATIVES
The County and the Contractor will each have an Agreement representative. A party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
Coup 's Agreement Su ern visor
Mark McCauley, Jefferson County Interim County Administrator
P.O. Box 1220
Port Townsend, WA 98368
MMcCauley_(g)co.jefferson.wa.us
(360) 385-9130
Contractor's Agreement Representative
Cindy Brooks, Executive Director
EDC Team Jefferson
2409 Jefferson Street, Suite A Port Townsend,
WA 98368
director .edcteamiefferson.com
(360) 379-4693
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SECTION 4. COMPENSATION
4.1 Funding to finance Contractor personnel shall be $50,000 in 2019, and shall increase
by 3% in each succeeding year during of the term of this Agreement. In the first
month of each quarter, Jefferson County shall pay the Contractor one-fourth of that
year's funding, to be used exclusively to fund Contractor personnel pursuant to
Section 2 above, as follows:
Agreement Years $per Quarter Quarters in the Year Total per Agreement
2022 $12,500 4 $50,000
2023 $12,750 2 $25,750
4.2. Payments shall be contingent on prior submittal of all required reports that are due
per Section 2.
4.3. Funding provided by this Agreement shall only be expended on the Contractor's
personnel costs. Monies used for other services or purposes shall be refunded to the
County.
4.4. Any monies under-expended of the total funding in any year allocated under this
Agreement shall be refunded to the County by January 31, of the following year.
4.5. If the Contractor fails to perform any substantial obligation of this Agreement, and
the failure has not been cured within 10 business days following notice from the
County, the County may, in its sole discretion and upon written notice to the
Contractor, withhold all monies due the Contractor, without penalty, until such
failure to perform is cured.
4.6. The Contractor will not be entitled to use the payments under this Agreement for
personnel costs incurred prior to January 1, 2019 or after its termination, unless
explicitly allowed by a written amendment to this Agreement executed by both
parties.
SECTION 5. AMENDMENTS
Any renewal, amendment or modification to this Agreement must be in writing, be signed by
both parties and be attached to this Agreement. Work under a renewal, an amendment or a
modification may not commence until the renewal, amendment or modification has been
approved by the County Commissioners and has become effective.
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SECTION 6. HOLD HARMLESS AND INDEMNIFICATION
6.1 Under this Agreement, the County is providing funding to help finance the
Contractor's personnel, who support the Contractor's own mission as an economic
development office and Associate Development Organization. The County does not
assume any liability for the Contractor's work.
6.2 The Contractor shall defend, indemnify and hold the County, its officers, officials,
employees, agents and volunteers (and their marital communities) harmless from any
and all claims, injuries, damages, losses or suits including attorney's fees, arising out
of or resulting from the acts, errors or omissions of the Contractor in performance of
this Agreement, except for injuries and damages caused by the sole negligence of the
County.
6.3 The Contractor's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Contractor, the Contractor's employees, agents or subcontractors.
6.4 Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Contractor and the County; its officers, officials, employees, agents and volunteers
(and their marital communities) the Contractor's liability, including the duty and cost to
defend, hereunder shall be only to the extent of the Contractor's negligence.
6.5 It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor'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.
6.6 The provisions of this section shall survive the expiration or termination of this
Agreement.
SECTION 7. INSURANCE
7.1 The Contractor shall obtain and keep in force during the terms of this Agreement,
policies of insurance as follows:
A. If and only if the Contractor 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 Contractor, Worker's Compensation
Insurance in an amount or amounts that are not less than the required statutory
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minimum(s) as established by the State of Washington or the state or province
where the Contractor is located.
B. 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 Contractor's performance of this Agreement.
C. General Commercial Liability Insurance in an amount not less than a single limit of
one million dollars ($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 this
Agreement specifications. The 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 completed operations;
d. Premises - Operations Liability(M&C);
C. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
7.2 Miscellaneous Insurance Provisions.
A. Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance;
• Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
B. Certificates of coverage as required by this section shall be delivered to the
County within fifteen (15) days of execution of this agreement.
C. 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 Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
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D. The Contractor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
of the requirements stated herein.
E. Failure of the Contractor to take out and/or maintain any required insurance shall
not relieve The Contractor from any liability under this Agreement,nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
F. It is agreed by the parties that 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 so
affected shall protect both parties and be primary coverage for any and all losses
covered by the above described insurance. It is further agreed by the parties that
insurance companies issuing the 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 policy. It is further agreed
by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Contractor.
G. It is agreed by the parties that judgments for which the County may be liable, in
excess of insured amounts provided herein, or any portion thereof, may be
withheld from payment due, or to become due, to the Contractor until such time
as the Contractor shall furnish additional security covering such judgment as may
be determined by the County.
H. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
1. 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 policy of insurance the Contractor must provide in order to
comply with this Agreement.
J. If the proof of insurance or certificate indicating the County is an "additional
insured" to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement
and forward that full text to the County.
K. The County may, upon the Contractor's failure to comply with all provisions of
this Agreement relating to insurance, withhold payment or compensation that
would otherwise be due to the Contractor.
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SECTION& TERMINATION
8.1 The County may terminate this Agreement in whole or in part whenever the County
determines, in its sole discretion, that such termination is in the best interests of the
County. The County may terminate this Agreement upon giving the Contractor 30
days' written notice, except as otherwise provided herein. In that event, the County
will pay the Contractor for all costs incurred by the Contractor in performing this
Agreement up to the date of such notice, subject to the other provisions of this
Agreement.
8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in
any way after this Agreement is signed or becomes effective, or if Contractor's
designation as an Associate Development Organization is terminated, the County
may immediately terminate this Agreement notwithstanding any other
termination provision in this Agreement. Termination under this provision will be
effective upon the date specified in the written notice of termination sent by
County to the Contractor. No costs incurred after the effective date of the
termination will be paid.
8.3 If the Contractor breaches any of its obligations under this Agreement, and fails to
cure the breach within 10 business days of written notice to do so by the County, the
County may terminate this Agreement. In that event, the County will pay the
Contractor only for the costs of services accepted by the County. Upon such
termination, the County, at its discretion, may obtain performance of the work
elsewhere, and the Contractor will bear all costs and expenses incurred by the County
in completing the work and all damages sustained by the County due to the
Contractor's breach.
8.4 In the event the Contractor secures additional funding to finance its personnel, the
County may amend or terminate this Agreement and reallocate some or all funds
thereby released to finance public facilities serving economic purposes pursuant to
state law.
SECTION 9. ASSIGNMENT,DELEGATION AND SUBCONTRACTING
9.1 The Contractor will perform under this Agreement using only its bona fide
employees or agents, and the obligations and duties of the Contractor under this
Agreement will not be assigned, delegated or subcontracted to any other person or
firm without the prior express written consent of the County.
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9.2 The Contractor warrants that it has not paid, nor has it agreed to pay, any company,
person, partnership or firm, other than a bona fide employee working exclusively for
Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this
Agreement.
SECTION 10ANDEPENDENT CONTRACTOR
10.1 The Contractor's services will be furnished by the Contractor as an independent
contractor and not as an agent, an employee or a servant of the County. The
Contractor specifically has the right to direct and control Contractor's own activities
in providing the agreed services in accordance with the specifications set out in this
Agreement. The Contractor shall perform the contracted work. Any designee shall
have prior County approval to substitute for the contracted representative.
10.2 The Contractor acknowledges that the entire compensation for this Agreement is set
forth in the compensation provisions of this Agreement and the Contractor is not
entitled to any County benefits, including, but not limited to: vacation pay; holiday
pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or
any other rights or privileges afforded to County employees.
10.3 The Contractor will have and maintain complete responsibility and control over all of
its subcontractors, employees, agents and representatives. No subcontractor,
employee, agent or representative of the Contractor will be or be deemed to be, or act
or purport to act, as an employee, agent or representative of the County.
SECTION 11. NONDISCRIMINATION
The Contractor, its assignees, delegates or subcontractors will not discriminate against any
person in performance of services 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, race, 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 dog guide or service animal by a person with a disability, unless based upon a bona
fide occupational qualification.
SECTION 12.RECORDS
The Contractor will maintain documented proof of payments made and other expenditures
authorized under this Agreement for a minimum of six (6) years. Upon reasonable notice,
the Contractor shall provide access to County or State representatives to inspect the books
and records of the Contractor relating to the performance of this Agreement.
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SECTION 13.DISPUTES
Differences, disputes and disagreements between the Contractor and the County arising
under or out of this Agreement will be brought to the attention of the County at the earliest
possible time so that the matter may be settled or other appropriate action promptly taken.
Any dispute relating to the quality or acceptability of performance or compensation due the
Contractor will be decided by the County Administrator. All rulings, orders, instructions and
decisions of the County Administrator will be final and conclusive.
SECTION 14.CONFIDENTIALITY
14.1 The Contractor, its employees, subcontractors and their employees will maintain the
confidentiality of all information provided by the County or acquired by the
Contractor in performance of this Agreement, except upon the prior express written
consent of the County or upon an order entered by a court of competent jurisdiction.
The Contractor will promptly give the County Administrator written notice of any
judicial proceeding seeking disclosure of such information, as well as any contacts by
citizens, proponents or interested parties as to matters before the contractor.
14.2 The County is a political subdivision of the State of Washington and as such is
subject to Ch. 42.56 RCW, the Public Records Act, which requires disclosure of non-
exempt documents and records to a person or entity that requests such documents or
records.
SECTION 15.CHOICE OF LAW,JURISDICTION AND VENUE
15.1 This Agreement will be construed as having been made and delivered within the
State of Washington, and it is agreed by each party that this Agreement will be
governed by the laws of the State of Washington, both as to its interpretation and
performance.
15.2 Any action of law, suit in equity or other judicial proceeding arising under or out of
this Agreement may be instituted and maintained only in Superior Court for Jefferson
County.
SECTION 16.MISCELLANEOUS
16.1 No Waiver. The parties agree that the excuse or forgiveness of performance, or
waiver of any provisions of this Agreement, does not constitute a waiver of such
provision or future performance, or prejudice the right of the waiving party to enforce
any of the provisions of this Agreement at a later time.
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16.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes,
fees (including licensing fees) and other amounts including, but not limited to, the
employer's portion of any taxes that arise from compensation owed or paid to
employees, agents or representatives of the Contractor or are otherwise mandated by
Title 26 U.S.C.
16.3 Legal Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and local laws, rules and
regulations in their performance under this Agreement.
16.4 Successors and Assigns. The County, to the extent permitted by law, and the
Contractor each bind themselves, their partners, successors, executors, administrators
and assigns to the other party to this Agreement and to the partners, successors,
administrators and assigns of such other party in respect to all covenants to this
Agreement.
16.5 Severability. If a court of competent jurisdiction holds any provision of this
Agreement to be illegal, invalid or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and obligations
will be construed and enforced as if this Agreement did not contain the particular
provision held to be invalid. If any provision of this Agreement conflicts with any
statutory provision of the State of Washington, the provision will be deemed
inoperative to the extent of the conflict or modified to conform to statutory
requirements.
16.6 Entire Agreement. The parties acknowledge that this Agreement is the complete
expression of their agreement regarding the subject matter of this Agreement. Any
oral or written representations or understandings not incorporated in this Agreement
are specifically excluded.
16.7 Notices. Any notices will be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested,to the addresses set out
in this Agreement Representatives provision of this Agreement. Notice may also be
given by facsimile with the original to follow by regular mail. Notice will be deemed
to be given three days following the date of mailing, or immediately if personally
served. For service by facsimile, service will be effective at the beginning of the next
working day.
(SIGNATURES APPEAR ON NEXT PAGE)
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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last
date signed below.
JEFFERSON COUNTY BOARD OF EDC TEAM JEFFERSON
COMMISSIONERS
By: By:
By:
Date Cindy s, Exec. Dir. Date
N-�,,�di �i�ey,hvy�
/q ch 1 CjlaS .
SEAL:
ATTEST:
OHI�� M(aha'- "4/Z/—
Caro lyrPGallQway Date
Clerk of the Board
Approved as to form only:
f
'� November 5, 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting
Attorney
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Interim County Administrator
DATE: November 8, 2021
SUBJECT: Agreement Between Jefferson County and EDC Team Jefferson to Use Public
Infrastructure Fund Monies to Finance Economic Development Personnel
STATEMENT OF ISSUE:
RCW 82.14.370 authorizes certain counties to impose a sales and use tax state that is deducted from the amount of tax
otherwise paid to the state under chapter 82.08 or 82.12 RCW. Jefferson County Code has imposed the sales and use
tax authorized by RCW 82.14.370 since 1998, most recently codified by Jefferson County Ordinance No. 13-1119-18
and Chapter 3.28 JCC.
RCW 82.14.370 stipulates that monies collected under RCW 82.14.370 may be used to finance personnel in economic
development offices. Jefferson County Ordinance No. 13-1119-18 and JCC 3.28.030(2)(d) also state that these monies
may be used to finance personnel in economic development offices.
Jefferson County's associate development organization, EDC Team Jefferson, is an economic development office, and
is therefore eligible for PIF funding. EDC Team Jefferson has made'a proposal in this regard,which is captured in the
attached financing agreement.
The PIF Board believes it is in the public interest to support economic development throughout Jefferson County by
utilizing a portion of Public Infrastructure Funds to help finance personnel in EDC Team Jefferson, thereby enhancing
its capacity to stimulate economic development. These payments were included in the 5-Way Agreement recently
entered into with the EDC, Port of Port Townsend, PUD#1 and the City of Port Townsend. The PIT Board
recommended an 18-month renewal of the agreement on November 2, 2021.
ANALYSIS:
Jefferson County needs more economic development. EDC Team Jefferson's mission is to encourage and stimulate
that development. These funds will enhance their capacity in that regard.
FISCAL IMPACT: This request will cost$50,000 in 2022 and$25,750 in 2023. Payments to made using Fund 306—
Public Infrastructure monies. The 2022-2023 Biennial Budget will include these expenses.
RECOMMENDATION:
That the BOCC approve the agreement with EDC Team Jefferson to finance economic development personnel and
authorize the Chair to sign the agreement on behalf of the Board.
REVIEWED BY:
Mark McCauley, I im County Administrator Date