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HomeMy WebLinkAbout110110_ca02 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Adminilitrator FROM: Leslie Locke, Deputy Clerk of the Board DATE: November 1, 2010 SUBJECT: AGREEMENT re: 2010 Lodging Tax Advisory Committee (LTAC) Grant Funding; Jefferson County Chamber of Commerce (FKA: Port Hadlock Chamber of Commerce) STATEMENT OF ISSUE: This agreement provides grant funding for 2010 to-certain non-profit agencies for the promotion of tourism and ongoing preservation of Jefferson County's heritage. This funding has been budgeted from the LTAC Fund; ~t..:>.1 -..P...-& f'~rnn?.e-R.....t? 6'J 't-t-.. L....#.s~~ 't-~,.... ~~ (1.-; ,...Jh",,_ B"1...1~...1"", ~ ra~ ~ e/l.d"-7-P /"7 h...... ""~<~p_ ~ ~1>~~~~ ,...&e> 'tw-. ''''-_Lf.-''. A. ;n FISCAL IMPACT: ~.... """-. <J ~ "",f- ~..... Port Hadlock Chamber of Commerce: $7,650 The Port Hadlock Chamber is now part of the Jefferson County Chamber of Commerce RECOMMENDATION: Approve and sign the agreements. tor to6>::-~ Date AGREEMENT By and Between JEFFERSON COUNTY CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel-Motel Funding, 2010 This Agreement is made this _ day of , ----> by and between JEFFERSON COUNTY (hereinafter known as "COUNTY") and the JEFFERSON COUNTY CHAMBER OF COMMERCE (hereinafter known as "JCCC"). WHEREAS, the JCCC is a non-profit corporation of the State of Washington; and WHEREAS, beginning January 1 st, 2010, the Port Hadlock Chamber of Commerce merged into the Jefferson County Chamber of Commerce and the JCCC continues the services and functions, retro to January 1, 2010, of the PHCC in service to the greater Tn-Area region; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County, especially in the greater Tn-Area region, by providing information to guests, support and staff to information centers, as well as workshops, conferences and materials to enhance productivity of visitor information centers and other means to promote tourism in unincorporated Jefferson County; IN CONSIDERATION of the mutual covenants and agreements herein, it is agreed by the parties as follows: SECflON 1: SERVICES TO BE PERFORMED The JCCC shall use its capabilities to perform the following specific services to benefit tourism in the greater Tn-Area region as necessary: 1. Be the point of contact for the Jefferson County Tourism Coordinating Council for support of participation in tourism promotional activities including but not limited to: develop and maintain a Port Hadlock Tn-Area web site with links to websites containing visitor/tourism information about the Port Hadlock Tn-Area and all Jefferson County; assist in developing regional promotional material in conjunction with other Chambers of Commerce and the Tourism Coordinating Council; respond to specific requests referred by the Olympic Peninsula Tourism Commission, the Jefferson County Tourism Coordinating Council and all other Jefferson County Visitor's Centers and Chambers of Commerce. 2. Designate a representative and alternate to represent the greater Tn-Area region to serve on the Tourism Coordinating Council. SECTION 2: RESPONSmILlTIES OF THE JEFFERSON COUNTY CHAMBER OF COMMERCE 1. Within 30 days of execution of this Agreement, provide to the COUNTY a report of the tourism-related use, services, programs and activities of the JCCC planned for 2010 in performance the services in Section 1 of this Agreement. 2. Provide docmnented proof of payments made, contracts executed, and other expenditures authorized under this contract for the benefit of tourism in the greater Tri-Area region. Any monies under-expended to the total funding allocated under this contract sball be refunded to Jefferson County by December 31, 2010. 3. By March 31st each year provide the following information on the form attached hereto as Exhibit A for the previous year to be included in the County's report to Washington State Tourism: a. Each festival, event, or tourism facility owned and/or operated by JCCC; b. The amount oflodging tax revenue allocated for expenditure (whether actually expended or not) by the JCCC on each festival, event or tourism facility listed in "a" above; c. Estimated nmnber of tourists served at each festival, event or tourism facility listed in "a" above. ("Tourist" includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area); d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or commercial campgrounds); and e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSmlLITY OF JEFFERSON COUNTY 1. The COUNTY will provide the JCCC funding from Hotel-Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. Said funding is in the smn of $7,650. 2. JCCC will receive a Imnp smn payment, payable upon execution of this contract. SECTION 4: TERM This Agreement sball run to December 31, 2010, commencing upon execution of this contract, except that the reporting requirements of Section 2.3 above shall run to March 31, 2011. Any work performed by the JCCC pursuant to Section I and Section 2 of this Agreement after January 1, 2010 is hereby ratified and considered to be work performed pursuant to this Agreement. Page 2 of6 SECflON 5: ASSIGNMENT Either party to the agreement shall not assign this Agreement, except by signed amendment SECflON 6: MODIFICATION This Agreement may be modified during the term of the agreement by mutual agreement of the parties and appended in writing to the Agreement SECflON 7: TERMINATION The Agreement may be termin..tp.d, upon thirty (30) days written notice by either party. After receipt of notice, and before termination, the party in default may cure the defect, in which case the agreement shall continue in force for the full term. The COUNTY shall be refunded a pro- rated share of the agreed funding upon termination based upon the balance of time rl'T""inine in the term unless otherwise negotiated. SECflON 8: HOLD HARMLESS The JCCC shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, W A. The JCCC shall indemnify and hold the COUNTY, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the JCCC's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the JCCC to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the JCCC's agents or employees; and, (b) the COUNTY, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the JCCC's negligence, or the negligence of the JCCC's agents or employees. The JCCC specifically assumes potential liability for actions brought against the COUNTY by the JCCC's employees, including all other persons engaged in the performance of any work or service required of the JCCC under this Agreement and, solely for the purpose of this Page 3 of6 indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The JCCC recognizes that this waiver was specifically entered into pursuant to provisions ofRCW 4.25.115 and was subject of mutual negotiation. SECTION 9: INSURANCE The JCCC shall obtain and keep in force during the term of the contract, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Worker's Comnensationand Employer's Liabilitv insurance as may be required by the State of Washington. SECTION 10: INDEPENDENT CONTRACTOR The JCCC and the COUNTY agree that the JCCC are an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the JCCC nor any employee of the JCCC shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the JCCC, or any employee of the JCCC. 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