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Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Deputy Clerk ofthe Board
DATE: February 7,2011
SUBJECT: AGREEMENTS (4) re: 2011 Lodging Tax Advisory Committee (L T AC)
Grant Funding; 1) Jefferson County Historical Society; 2) Jefferson
County Historical Society - Gateway Visitor Center; 3) North Hood Canal
Chamber & Visitor Center; and 4) Tourism Coordinating Council (TCC)
STATEMENT OF ISSUE:
This agreement provides grant funding for 2011 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.
FISCAL IMPACT:
Jefferson County Historical Society:
Jefferson County Historical Society - Gateway Visitor Center:
North Hood Canal Chamber & Visitor Center:
Tourism Coordinating Council:
$51,299
$55,516
$44,180
$80,840
RECOMMENDATION:
Approve and sign the agreements.
REVIEWED BY:
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Date
AGREEMENT
By and Between
TIIE JEFFERSON COUNTY HISTORICAL SOCIETY
And
JEFFERSON COUNTY
For Hotel-Motel Funding, 2011
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the JEFFERSON COUNTY HISTORICAL SOCIETY (hereinafter known as
"HISTORICAL SOCIETY").
WHEREAS, the HISTORICAL SOCIETY is a non-profit corporation of the State
ofWasbIDgton; and
WHEREAS, the COUNTY desires to promote tourism by documenting, preserving
and displaying County heritage for the benefit of its residents and to encourage tourist interest in
Jefferson County;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed
by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The HISTORICAL SOCIETY sha1I use its capabilities to continue and update the ongoing
performance of the following specific services as necessary:
1. Operation of the County Museum and care of the collection for its long-term
maintenance.
2. Outreach to County residents through educational programs and Museum exhibits
regarding cultural and natural heritage.
3. Promotion of heritage awareness through countywide recognition programs and the
establishment of new and traveling exhibits and publications.
4. Continued documentation of County heritage through collecting, oral history,
research and other means.
5. Advocacy of heritage preservation through all available means including the
enhancement of heritage based tourism for the economic development of the
County.
6. Assistance to the Quilcene Historical Museum in development of its Museum, in
implementation of basic museum practices and procedures and in promotion of the
Museum as a local, public cultural and education organization.
Page: 1 of 4 Jefferson County Historical Society
SECTION 2: RESPONSffiILfTIES OF THE JEFFERSON COUNTY HISTORICAL SOCIETY
1. Provide to the COUNTY a quarterly report of the use, services, programs and
activities of the HISTORICAL SOCIETY and billing for quarterly payment through
Hotel-Motel Fund.
2. By March 31st each year provide the following information on the attached form 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 HISTORICAL
SOCIETY.
b. The amount oflodging tax revenue allocated for expenditure (whether actually
expended or not) by the HISTORICAL SOCIETY on each festival, event or
tourism facility listed in "a" above.
c. Estimated number of tourists served at each festival, event or tourism facility
listed in "a" above. ("Tourisf' includes persons traveling more than 50 miles to
the location of the event, festival or facility and overnight stays in the area).
d. Estim~ted lodging stays. ("Lodging" refers to commercial lodging such as
hotels, motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to
the event, festival or facility.
SECTION 3: RESPONSffiILlTY OF JEFFERSON COUNTY
1. The COUNTY will provide the HISTORICAL SOCIETY funding from Hotel-
Motel Tax receipts to be used in support of their responsibilities as defined under
this agreement
2. Said funding is in the sum of $5 1,299 for 2011. Quarterly payments of $12,824.75
will be made, beginning with the first quarter of20ll.
3. Payments are to be predicated on quarterly reports defined in Section 2. Payment
will be made by the COUNTY on the first available billing cycle of the quarter.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1. 2011 and ending
on December 31. 2011.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
Page: 2 of 4
Jefferson County Historical Society
SECTION 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
SECTION 7: TERMINATION
The Agreement may be terminated, 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 sbaIl continue in force for the full term. The COUNTY sbaIl be
refunded a pro-rated share of the agreed funding upon termination based upon the balance
of time remaining in the term unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
The mSTORICAL SOCIETY sbaIl 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 sbaIl be in Jefferson County, W A.
The mSTORICAL SOCIETY shall indemnify and hold the COUNTY, and its officers,
employees, and agents harmless from and sbaIl 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
mSTORICAL SOCIETY's negligence or breach of any of its obligations under this
Agreement; provided that nothing herein sbaIl require the mSTORICAL SOCIETY 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 mSTORICAL SOCIETY'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., sbaIl be valid and enforceable only to the extent
of the mSTORICAL SOCIETY's negligence, or the negligence of the mSTORICAL
SOCIETY's agents or employees.
The mSTORICAL SOCIETY specifically assumes potential liability for actions brought
against the COUNTY by the mSTORICAL SOCIETY's employees, including all other
persons engaged in the performance of any work or service required of the mSTORICAL
SOCIETY under this Agreement and, solely for the purpose of this indemnification and
defense, the Contractor specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The mSTORICAL SOCIETY recognizes that this waiver
was specifically entered into pursuant to provisions ofRCW 4.25.115 and was subject of
mutual negotiation.
Page: 3 of 4 Jefferson County Historical Society
SECfION 9: INSURANCE
The HISTORICAL SOCIETY 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.
1. Worker's Compensation and Emolover's Liability insurance as may be required by the
State of Washington.
SECTION 10: INDEPENDENT CON1RACTOR
The HISTORICAL SOCIETY and the COUNTY agree that the HISTORICAL SOCIETY
is 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 HISTORICAL
SOCIETY nor any employee of the HISTORICAL SOCIETY 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
HISTORICAL SOCIETY, or any employee of the HISTORICAL SOCIETY.
APPROVED and signed this _ day of
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Clerk of the Board
Chairman
Approved as to Form:
~~ J}J~JZO}1
David Alvarez, Deputy
Prosecuting Attorney
JEFFERSON COUNTY HISTORICAL SOCIETY
/1J~ ~
Authorized Official I /Z1//I
Page: 4 of 4
Jefferson County Historical Society
AGREEMENT
By and Between
THE JEFFERSON COUNTY mSTORlCAL SOCIETY
And
JEFFERSON COUNTY
For Hotel-Motel Funding, 2011
(Gateway Visitor Center)
This Agreement is by and between JEFFERSON COUNTY (hereinafter knmvn as
"COUNTY" and the JEFFERSON COUNTY mSTORlCAL SOCIETY (hereinafter know as
"mSTORlCAL SOCIETY").
WHEREAS, the mSTORlCAL SOCIETY is a non-profit corporation of the State of
Washington with the mission "to actively discover, collect, preserve and promote the heritage of Jefferson
County"; and
WHEREAS, the COUNTY desires to promote tourism by providing information to
guests, supporting and staffing the Gateway Visitor Center in unincorporated Jefferson County, as well as
promoting tourism through participation at workshops, conferences and regional organizations; and
WHEREAS, the COUNTY wishes to create and operate a visitor center that can be a
destination itself, a place to learn about Jefferson County and visitors can be encouraged to spend time in
the County, not just a place to pick up brochures; and
WHEREAS, the COUNTY envisions that the mSTORlCAL SOCIETY will create
opportunities to generate revenue through gift shop sales, charges for services (stocking brochures, etc.),
all of which will be retained by the mSTORlCAL SOCIETY; and
WHEREAS, mRT1aeement of the visitor center will be at no cost to the HISTORICAL
SOCIETY with all reasonable expenses being paid for by the COUNTY.
IN CONSIDERATION of the mutual covenants and agreements herein, the parties agree
as follows:
SECTION 1: SERVICES TO BE PERFORMED
The mSTORlCAL SOCIETY shall use its capabilities to perform the following services:
1. Act as a pass through agency for the purpose of staffing and operating the Gateway Visitor
Center, including scheduling hours of operation, receiving and processing information
requests, routine grounds maintenance, payment of utilities and other activities necessary
to maintain the Gateway Visitor Center as a point of visitor contact and education.
Page 1 of 5 Jefferson County Historical Society - Gateway Visitor Center
2. Act as a pass through agency for the purpose of providing the staff function to represent
th!) COUNTY on local, regional, and statewide tourism organizations and activities, to
promote tourism in the unincorporated areas of Jefferson Coooty, provide staff services to
the L T AC committee, including scheduling of meetings, taking minutes, etc.
3. Prepare and submit an annual budget request to the Board of Commissioners for the
staffing and operating of the Gateway Visitor Center.
SECTION 2: RESPONSffilL1TIES OF THE mSTORICAL SOCIETY
1. Provide to the COUNTY a quarterly report of the use, services, programs and activities of
the Gateway Center and bill for quarterly payment through Hotel-Motel Food as provided
in Section 3, below.
2. Keep accurate records of money distributed and submit to COUNTY on a quarterly basis.
Maintain back-up documentation for bills paid at the Gateway Center for a minimum of
three years.
3. By March 31 st each year provide the following information on the attached form for the
previous year to be included in the Collllty's report to Washington State Tourism.
a Each festival, event, or tourism facility owned and/or operated by Gateway Center.
b. The amount oflodging tax revenue allocated for expenditure (whether actually
expended or not) by the Gateway Center on each festival, event or tourism facility
listed in "a" above.
c. E..qjjm"ted number 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 campgrooods).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECTION 3: RESPONSffilLlTY OF JEFFERSON COUNTY
1. The COUNTY will provide the mSTORICAL SOCIETY iimding from Hotel-Motel Tax
receipts to be used in support of their responsibilities as defined ooder this agreement
2. Said funding is in the sum of$55,5l6. Quarterly payments of$13,879.00 will be made,
beginning with the first quarter of 20 11.
3. Payments are to be predicated on quarterly reports defined in Section 2. The COUNTY
will make payment on the first available billing cycle of the quarter.
Page 2 of 5 Jefferson County Historical Society - Gateway Visitor Center
4. Consult with the HISTORICAL SOCIETY on all decisions regarding design and site
considerations.
5. The IDSTORICAL SOCIETY assumes no responsibility for the maintenance and upkeep
of the Gateway Visitor's Center (the Center). The COUNTY sha1l keep the Center and
the entries immediately adjacent thereto in a neat, clean and safe condition, maintain the
glass of all windows and doors thereof, and maintain the Center and entries thereto in a
good state of repair. The COUNTY shall also mAintain and repair the electrical and other
utility systems within the Center together with the roof, exterior walls and foundations
thereof.
SECITON 4: DEFINITION:
Pass Through Agency: The term pass through agency shall mean that the IDSTORICAL
SOCIETY sha1l act as the fiscal agent for the operation of the Gateway Center. The
IDSTORICAL SOCIETY sha1l not incur any additional financial liability for the operation of the
Gateway Center in excess of the sum listed in Section 3 above.
SECTION 5: TERM
This Agreement shall be for a term of one year, commencing on January 1. 2011 and ending
December 31. 2011.
SECTION 6: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
SECITON 7: 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.
SECTION 8: TERMINATION
The Agreement may be termim.tpAi, upon thirty (30) days written notice by either party. After
receipt of notice, and before termination, the party in defanlt may cure the defect, in which case
the agreement sha1l 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 remAining in
the term unless otherwise negotiated.
Page 3 of5
Jefferson County Historical Society - Gateway Visitor Center
SECTION 9: HOLD HARMLESS
The lllSTORICAL SOCIETY shall comply with all Fedeml, 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 COUNTY shall indemnify and hold the lllSTORICAL SOCIETY, 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 (hereinafter collectively "claims") arising in whole or in part, directly or
indirectly, from participation in this agreement, EXCEPT. those claims arising from the
lllSTORICAL SOCIETY's sole negligence or breach of any of its obligations under this
Agreement; provided further that if the claims are caused by or result from the concurrent
negligence of: (a) the lllSTORICAL SOCIETY's agents or employees; and, (b) the COUNTY,
its officers, employees and agents, then this indemnity provision with respect to claims based
upon such negligence, and/or the costs to the COUNTY of defending such claims, shall be valid
and enforceable only to the extent of the lllSTORICAL SOCIETY's negligence, or the
negligence of the lllSTORICAL SOCIETY's agents or employees.
SECTION 10: INSURANCE
The lllSTORICAL SOCIETY 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 Compensation and Emplover's Liabilitv insurance as may be required by the State of
Washington.
SECTION 11: INDEPENDENT CONTRACTOR
The lllSTORICAL SOCIETY and the COUNTY agree that the lllSTORICAL SOCIETY 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 lllSTORICAL SOCIETY nor any employee
of the lllSTORICAL SOCIETY 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
Page 4 of5
Jefferson County Historical Society - Gateway Visitor Center
to the state industrial insurance program, otherwise assuming the duties of an employer with
respect to the mSTORICAL SOCIETY, or any employee of the mSTORICAL SOCIETY.
APPROVED and signed this _ day of
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Clerk of the Board
Chairman
I )1..t>) 'l &> 11
David Alvarez, Deputy Pro uting Attorney
HISTORICAL SOCIETY:
. ~ -- ~
/t/~ I~
Authorized Official fj-Zqtf
Page 5 of5
Jefferson County Historical Society - Gateway Visitor Center
AGREEMENT
By and Between
NORTH HOOD CANAL CHAMBER OF COMMERCE
And
JEFFERSON COUNTY
For Hotel-Motel Funding 2011
This Agreement is made this _ day of . ---.J by and between
JEFFERSON COUNTY (hereinafter known as "COUNTY" and the NORTH HOOD CANAL
CHAMBER OF COMMERCE & VISITOR CENTER (hereinafter known as ''NHCCC'').
WHEREAS, the NHCCC is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by providing information to guests,
snpport and staff to information centers in unincorporated Jefferson County, as well as workshops,
conferences and materials to enhance productivity of visitor information centers in the promotion of the
tourism industry.
IN CONSIDERATION of the mutual covenants and agreements herein, it is agreed by the
parties as follows:
SECflON 1: SERVICES TO BE PERFORMED
The NHCCC shall use its capabilities to perform the following specific services as necessmy:
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 web site and internet connection to the Jefferson County Tourism Coordinating
Council; 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 serve on the Tourism CoordinAting Council.
3. Be solely responsible for the daily operation of the "South County" Visitor's Center and
continuation of that "South County" Visitor's Center.
SECflON 2: RESPONSffiILITIES OF THE NORTH HOOD CANAL CHAMBER OF COMMERCE
1. Provide to the COUNTY an annual report of the use, services, programs and activities of
the NHCCC and billing for an annual payment through Hotel-Motel Fund.
2. Provide documented proof of payments made, contracts executed, and other expenditures
authorized under this contract. Anymonies under-expended to the total funding allocated
under this contract shall be refunded to Jefferson County by December 31, 2011.
3. With respect to a "South County" Visitor's Center in Quilcene, to be located at or within
the Ranger Station located in Quilcene, the NHCCC shall lease the necessary space, install
a telephone line and any other communication system it feels is necessary, generate and
install signage informing persons of the Visitor's Center presence, purchase all necessary
supplies and equipment, find and pay (including the employer portion of any payroll taxes
such as Social Security and unemployment insurance) personnel to staff the "South
County" Visitor's Center.
4. By Marth 31st each year provide the following information on the attached form 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 NHCCC.
b. The amount oflodging tax revenue allocated for expenditure (whether actua1ly
expended or not) by the NHCCC on each festival, event or tourism facility listed in "a"
above.
c. Estim"tp.d nnmber 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. Estim"ted lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECflON 3: RESPONSffiILITY OF JEFFERSON COUNTY
1. The COUNTY will provide the NHCCC funding from Hotel-Motel Tax receipts to be used in
support of their responsibilities as defined under this agreement. Said funding is in the total
amount of $44,1 80. The funding is allocated as outlined below.
a Funding for the operation of the North Hood Canal Chamber of Commerce is in the
amount of $2,750
b. Funding for the operation of the South County Visitor Center is in the amount of
$41,430
2. NHCCC will receive a lump sum payment, payable upon execution of this contract.
North Hood Canal Chamber of Commerce & Visitor Center
Page: 2 of 4
SECTION 4: TERM
This Agreement shall run to December 31, 2011, commencing upon execution of this contract
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
SECTION 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
SECTION 7: TERMINATION
The Agreement may be termin~te<l_ 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 refimded a pro-
mted share of the agreed fimding upon termination based upon the balance of time remaining in
the term unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
The NHCCC 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,
WA.
The NHCCC shall indemnify and hold the COUNTY, and its officers, employees, and agents
hannless 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 NHCCC's negligence or breach of any of its
obligations under this Agreement; provided that nothing herein shall require the NHCCC 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 NHCCC'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 NHCCC's negligence, or the negligence of the
NHCCC's agents or employees.
North Hood Canal Chamber of Commerce & Visitor Center
Page: 3 of 4
The NHCCC specifically assumes potential liability for actions brought against the COUNTY
by the NHCCC's employees, including all other persons engaged in the performance of any
work or service required of the NHCCC under this Agreement and, solely for the purpose of
this indemnification and defense, the Contractor specifically waives any immunity under the
state industrial insurance law, Title 51 RCW. The NHCCC 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 NHCCC 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 Comt'eIl8lltion and Employer's Liabilitv insurance as may be required by the State of
Washington.
SECTION 10: INDEPENDENT CONTRACTOR
The NHCCC and the COUNTY agree that the NHCCC 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 NHCCC nor any employee of the NHCCC 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 NHCCC, or any employee of the
NHCCC.
APPROVED and signed this _ day of
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Clerk of the Board
Chairman
f) Ap"""''iJ2.12D11
dvarez, Chie~
Prosecuting Attomey
North Hood Canal Chamber of Commerce & Visitor Center
Page: 4 of 4
NORTH HOOD CANAL CHAMBER OF COMMERCE
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AGREEMENT
By and Between
THE JEFFERSON COUNTY TOURISM COORDINATING COUNCIL
And
JEFFERSON COUNTY
For Hotel-Motel Funding 2011
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL
(hereinafter known as "TCC").
WHEREAS, the TCC is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by providing information to
guests, support and staff to information centers in unincorporated Jefferson County, as well as
workshops, conferences and materials to enhance productivity of visitor information centers in the
promotion of the tourism industry.
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed
by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The TCC shall use its capabilities to continue and update the ongoing performance of the following
specific services as necessary:
1. Adopt and implement a strategy for the unincorporated area of Jefferson County to
promote tourism activities.
2. Be the focal point for co=unity involvement, act as a clearinghouse for
co=unity organization, and participate in the distribution of Hotel Motel Tax
funds budgeted for tourism promotion.
3. Prepare and submit an annual budget request to the Board of Commissioners based
on the adopted strategy, for consideration for appropriation. A copy of which is
incorporated herein and attached hereto.
4. Coordinate with the City of Port Townsend, State of Washington, United States
Government and other public and private agencies in the use of Hotel Motel Tax
funds and the promotion of tourism activities.
Page: 1 of 4 Tourism Coordinating Council
SECTION 2: RESPONSIBILfTIES OF THE JEFFERSON COUNTY TCC
1. Provide to the COUNTY a quarterly report of the use, services, programs and
activities of the TCC and billing for quarterly payment though Hotel-Motel Fund.
2. By March 31st each year provide the following information on the attached form 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 the TCC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the TCC on each festival, event or tourism facility listed in
"a" above.
c. Estimated munber of tourists served at each festival, event or tourism facility
listed in "a" above. ("Tourisf' 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 co=ercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to
the event, festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
1. The COUNTY will provide the TCC funding from Hotel-Motel Tax receipts to be
used in support of their responsibilities as defined under this agreement.
2. Said funding is in the sum of $80,840 for 2011. Monthly invoices should be
submitted to the County by the last day of each month and the County will make
payment in the first scheduled billing cycle immediately following receipt of the
invoices.
3. Payments are to be predicated on quarterly reports defined in Section 2.
SECTION 4: 1ERM
This Agreement shall be for a term of one year, co=encing on January 1. 2011 and ending
on December 31. 2011.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
Page: 2 of 4
Tourism Coordinating Council
SECTION 6: MODIFICATION
This Agreement may be modified during the term of the agreement by mutual agreement of
the parties appended in writing to the Agreement
SECTION 7: TERMINATION
The Agreement may be termimrt"'.1, upon thirty (30) days written notice by either party.
After receipt of notice, and before tennimlfioD, the party in default may cme the defect, in
which case the agreement sball continue in force for the full term. The COUNTY sball be
refunded a pro-rated share of the agreed funding upon termination based upon the balance
of time remaining in the term unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
The TCC sball comply with all Federal, State, and loca11aws and ordinances applicable to
the work to be done under this Agreement This Agreement sball be interpreted and
construed in accord with the laws of the State of Washington and venue sball be in
Jefferson County, WA.
The TCC sball indemnify and hold the COUNTY, and its officers, employees, and agents
harmless from and sball 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 TCC's negligence or breach of
any of its obligations under this Agreement; provided that nothing herein sball require the
TCC 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 TCC'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., sball be valid and enforceable ouly to the extent of the TCC's negligence,
or the negligence of the TCe's agents or employees.
The TCC specifically assumes potential liability for actions brought against the
COUNTY by the TCC's employees, including all other persons engaged in the
performance of any work or service required of the TCC under this Agreement and, solely
for the purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 RCW. The TCC
recognizes that this waiver was specifically entered into pursuant to provisions of RCW
4.25.115 and was subject of mutual negotiation.
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Tourism Coordinating Council
SECTION 9: INSURANCE
The TCC shaII 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 Comnensati.on and qlover's Liability insurance as may be required by the
State OfWll~hi"gton.
SECTION 10: INDEPENDENT CONTRACTOR
The TCC and the COUNTY agree that the TCC is an independent contractor with respect
to the services provided pursuant to this agreement Nothing in this agreement shaII be
considered to create the relationship of employer and employee between the parties
hereto. Neither the TCCnor any employee of the TCC shaII be entitled to any benefits
accorded County employees by virtue of the services provided Wlder this agreement The
COUNTY shaII 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 TCC, or any employee
of the TCC.
APPROVED and signed this _day of
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Clerk of the Board
Chllinnlln
Approved as to Form:
JEFFERSON COUNTY
TOURISM COORDINATING COUNCIL
D~L~~jZoI1
Prosecuting Attorney
. ~. /)~r-L
Auth Official
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TourisIn Coordinll1ing Council