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Home My WebLink About032612_ca01 v Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissionel'll Philip Morley, County Admini~trator FROM: Leslie Locke, Deputy Clerk of the Board DATE: March 26, 2012 SUBJECT: AGREEMENT re: 2012 Lodging Tax Advisory Committee (LTAC) Grant Funding; In the Amount of 523,320.00; Forks Chamber of Commeree and Visitor Center STATEMENT OF ISSUE: This agreement provides grant funding for 2012 to certain non-profit agencies for the promotion of tourism and ongoing preservation ofJefferson County's heritage. This funding has been budgeted from the LTAC Fund. FISCAL IMPACT: Forks Chamber ofCo=erce and Visitor Center: $23,320.00 RECOMMENDATION: Approve and sign the agreement. 3&/// Date W': AGREEMENT By and Between FORKS CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel-Motel Funding, 2012 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 of Washington; and WHEREAS, the COUNTY-desires to promote tourism by providing infonnation to guests, support and staff to infonnation centers in unincorporated West Jefferson County, as well as workshops, conferences and materials to enhance productivity of visitor infonnation 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: SECI10N 1: SERVICES TO BE PERFORMED The FCC shall use its capabilities to perform the following specific services as necessary: 1. Negotiate a visitor infonnation 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 County Tourism Coordinllting Council, Joint Marketing and the like; web site hosting; promotional allowance specifically for the FCC. - -- .- ----- .--- " SECI10N 2: RESPONSIBILITIES OF THE 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 31,2012. Page 1 of 4 Forks Chamber of Commerce 3. By March 31st each year provide the following information on the attached form for the previous year to be included in the Comrty's report to Washington State Tourism. a Each festival, event, or tourism facility owned and/or operated by FCC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the FCC on each festival, event or tourism facility listed in "a" above. c. Esrim"too 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,niotels,-tesotlS;oedarid bieakfasts, 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 FCC funding from Hotel-Motel Tax receipts to be used in support of their responsibilities as defined under this agreement Said funding is in the sum of $23,320. 2. FCC will receive a lump sum payment, payable upon execution of this agreement SECflON 4: TERM This Agreement shall run to December 31, 2012, commencing upon execution of this contract ..,-.c.-:_..o__!"-_., ~- - ---- ~ ---~ ---- .- - - - _.-_.---:------ SECflON 5: ASSIGNMENT Either party to the agreement shal1 not assign this Agreement, except by signed amendment. SECfION 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 of Commerce 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 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 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, l:mployees 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 indenmity 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 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~f-the-ECC under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state indnstrial insurance law, Title 51 RCW. The FCC recognizes that this waiver was specifically entered into pursuant to provisions ofRCW 4.24.115 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 insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Worker's Comoensation and Emnlover's Liabilitv insurance as may be required by the State of Washington. Page 3 of4 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 APProV,ed as to orm: 2j J':sj/2- David Alvarez, ChiefCi Prosecuting Attorney FORKS CHAMBER OF COMMERCE ~L Authroo ~cia1 &..':/1,;..... ?~ I freswlZNr Page4of4 Forks Chamber of Commerce MEMORANDUM OF UNDERSTANDING March 7, 2012 FROM: Bill Pn"h, p",,!dnntt Forks Chamber of Commerce Board TO: RE: West Jefferson County Hotel-Motel Funding 2012 We would like to offer detail on the agreement between the Forks Chamber of Commerce and Jefferson County for hotel-motel funding 2012. The clarification is necessary as we have received less funds than originally requested. This memo details the original request and how funds will be used at the reduced funding level. Original Proposal Revised Proposal Kalaloch Lodge Visitor Staffing $19,275 $19,275 Mailing and distribution 4,000 2,022 Reprinting Adventure Map 4,000 2,023 Total $27,275 $23,320