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HomeMy WebLinkAbout022211_ca03 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Raina Randall, Deputy Clerk of the Board DATE: February 22, 2011 SUBJECT: AGREEMENT re: Quilcene Historical Museum; 2011 Hotel Motel Grant Funding (L TAC) STATEMENT OF ISSUE: Thisagreementprovides grantfimdingfur2011 to the Quilcene Historica1 Museum fur Hotel MoteILTACFunds. This fimding has been budgeted from the general fund. FISCAL IMPACT: The amount of this contract is $8,460.00 RECOMMENDATION: Approve and sign the agreement REVIEWED BY: Y/ro / // r Date AGREEMENT By and Between THE QUILCENE mSTORICAL MUSEUM And JEFFERSON COUNTY For Hotel-Motel Funding 2011 This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the OUILCENE mSTORICAL MUSEUM (hereinafter known as "MUSEUM"). WHEREAS, the MUSEUM is a non-profit corporation of the State of Washington; 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 MUSEUM shall use its capabilities to continue. and update the ongoing performance of the following specific services as necessary: 1. Operation of the Museum and care of the collection for its long-tenn maintenance. 2. Promotion of the Museum as a local cultural resource for the south Jefferson County area. 3. Provide information to tourists and residents about the local area. SECTION 2: RESPONSffiILITIES OF THE OUILCENE mSTORICAL MUSEUM 1. Provide to the COUNTY a semi-annual report of the use, services, programs and activities of the MUSEUM and billing for semi-annual 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 the MUSEUM. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended ornot) by the MUSEUM on each festival, event or tourism facility listed in "a" above. Page: 1 of 4 Quilcene Historical Museum c. Estimated 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 campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSillILlTIES OF JEFFERSON COUNTY 1. The COUNTY will provide the MUSEUM funding from Hotel-Motel Tax receipts to be nsed in support of their responsibilities as defined under this agreement 2. Said funding is in the sum of$8,460 for2011. Serni-aunual payments of $4,230 will be made in February and July of2011. 3. Payments are to be predicated on semi-aunual reports defined in Section 2. Payment will be made by the COUNTY on the first available billing cycle of February and July. SECTION 4: TERM 1bis 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. SECTION 6: MODIFICATION 1bis 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 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 the time remaining in the term unless otherwise negotiated. Page: 2 of 4 Quilcene Historical Museum SECTION 8: HOLD HARMLESS The MUSEUM 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 MUSEUM 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 MUSEUM=s negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the MUSEUM to indemuify 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 MUSEUMs 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, andlorthe costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the MUSEUMs negligence, or the negligence of the MUSEUMs agents or employees. The MUSEUM specifically assumes potential liability for actions brought against the COUNTY by the MUSEUM's employees, including all other persons engaged in the performance of any work or service required of the MUSEUM 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 MUSEUM recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.25.115 and was subject ofmutoal negotiation. SECTION 9: INSURANCE The MUSEUM 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 Employer's Liabilitv insurance as may be required by the State of Washington. SECTION 10: INDEPENDENT CONTRACTOR The MUSEUM and the COUNTY agree that the MUSEUM 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 MUSEUM nor any employee of the MUSEUM 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 Page: 3 of 4 Quilcene Historical Museum 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 MUSEUM, or any employee of the MUSEUM. APPROVED and signed this _ day of Attest: JEFFERSON COUNTY BOARD OF COMMISSIONERS Clerk of the Board Chairman Approved as to Form: I ) ~ I $I 2.0 I' David Alvarez, Depu Prosecuting Attorney Page: 4 of 4 Quilcene Historical Museum