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Home My WebLink About021411_ca02 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 of the Board DATE: February 14,2011 SUBJECT: AGREEMENT re:2011 Lodging Tax Advisory Committee (L TAC) Grant Fwltling; Forks Chamber of Commeree STATEMENT OF ISSUE: This agreement provides grant fimding for 2011 to certain non-profit agencies for the promotion of tourism and ongoing preservation of Jefferson County's heritage. This fimding has been budgeted from the L TAC Fund. FISCAL IMPACT: Forks Chamber ofCo=erce: $22,714 ~~ :". ~)t..'~ ..AjiteP ~....4....r ~ L:r' we RECOMMENDATION: Approve and sign the agreement. <{;..J& - . sttator ~& ate AGREEMENT By and Between FORKS CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel-Motel Funding, 2011 This Agreement is made this _ day of " by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the FORKS CHAMBER OF COMMERCE (hereinafter known as "FCC"). WHEREAS, the FCC is a non-profit corporation of the State ofWasmngton; and WHEREAS, the COUNTY desires to promote tourism by providing information to guests, support and staff to information centers in unincorporated West Jefferson Conaty, 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 FCC shall use its capabilities to perform the following specific services as necessary: 1. Negotiate a visitor information service with Olympic National Park for personnel coverage at the Kalaloch Visitor Center. 2. Be the focal point for support of the West End participation in tourism promotional activities included but not limited to: web page update; travel for representative to attend the Jefferson Conaty Tourism Coordinating Council, Joint Marketing and the like; web site hosting; promotional allowance specifically for the FCC. SECTION 2: RESPONSlBILlTlES OF TIIE FORKS CHAMBER OF COMMERCE 1. Provide to the COUNTY an annual report of the use, services, programs and activities of the FCC 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. Any monies under-expended to the total funding allocated under this contract shall be refunded to Jefferson County by December 31, 2011. Page 1 of 4 Forks Chamber of Commerce 3. By March 31st each year provide the following information on the attached furm for the previous year to be included in the Comrty's report to Washington State Tomism. a. Each festival, event. or tomism facility owned and/or operated by FCC. b. The amount oflodging tax revenueaIlocated for expenditure (whether actua1ly expended or not) by the FCC on each festival, event or tomism facility listed in "a" above. c. Estimated number of tourists served at each festival, event or tomism facility listed in "a" above. ("Tourist"inc1udes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. E..mmstted lodging stays. (''Lodging'' refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or COnlmercial campgrounds). e. Measurements that demonstrate the impact of increased tomism attributable to the event, festival or facility. SECTION 3: RESPONSffiILITY OF JEFFERSON COUNTY 1. The COUNTY will provide the FCC funding from Hotel-Motel Tax receipts to be used in support of their respoIlsibilities as defined under this agreement. Said :Iimding is in the sum of $22,714. 2. FCC will receive a lump sum payment, payable upon execution of this agreement SECTION 4: TERM This Agreement shaI1 run to DeCember 31, 2011, commencing upon execution oftbis contract SECTION 5: ASSIGNMENT Either party to the agreement shaI1 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 Page 2 of4 Forks Chamber ofCo=erce 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 shall continue in force for the full term. The COUNTY shall be refunded a pro-mted 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 FCC 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 FCC 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 FCC's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the FCC 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 FCC'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, andlor the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the FCC's negligence, or the negligence of the FCC's agents or employees. The FCC specifically assumes potential liability for actions brought against the COUNTY by the FCC's employees, including all other persons engaged in the performance of any work or service required of the FCC under this Agreement and, solely for the purpose of this indemnification and defense, the Contmctor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The FCC 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 FCC shall obtain and keep in force during the term of the contract, or as otherwise required, the following insumnce 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. Page 3 of 4 Forks Chamber of Commerce SECTION 10: INDEPENDENT CONTRACTOR The FCC and the COUNTY agree that the FCC 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 FCC nor any employee of the FCC 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 FCC, or any employee of the FCC. APPROVED and signed this _ day of Attest: JEFFERSON COUNTY BOARD OF COMMISSIONERS Clerk of the Board Chairman Approved as to Form: }} I JB 2.6}\ David Alvarez, ChiefCi . Prosecuting Attorney FORKS CHAMBER OF COMMERCE jJ. a t1 "v--- '/;1/0, Autho OffiCI Page4of4 Forks ChanIber of Commerce