HomeMy WebLinkAbout032513_ca01Consent 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: March 25, 2013
SUBJECT: AGREEMENTS (4) re: 2013 Hotel Motel Grant Funding; 1) In the
Amount of $85,490, Tourism Coordinating Council (TCC); 2) In the
Amount of $44,535, North Hood Canal Chamber of Commerce; 3) In the
Amount of $12,360, Jefferson County Chamber of Commerce; and 4) In
the Amount of $8,420, Quilcene Historical Society
STATEMENT OF ISSUE:
These agreements provide grant funding for 2013 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 Hotel
Motel (Lodging Tax Advisory Committee) Fund.
FISCAL IMPACT:
Tourism Coordinating Council: $85,490.00
North Hood Canal Chamber of Commerce: $44,535.00
Jefferson County Chamber of Commerce: $12,360.00
Quilcene Historical Society: $8,420.00
RECOMMENDATION:
Approve and sign the agreements.
~/
ilip Morle unty Administrator Date:
AGREEMENT
By and Between
THE JEFFERSON COUNTY TOURISM COORDINATING COUNCIL
And
JEFFERSON COUNTY
For Hotel-Motel Funding 2013
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 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; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Jefferson County Tourism Coordinating
Council to implement a strategy for the unincorporated area of Jefferson County to promote tourism
activities;
NOW, THEREFORE, 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:
Adopt and implement a strategy for the unincorporated azea of Jefferson County to promote
tourism activities, consistent with the TCC Financial Report, Draft -2013 and Itemized List
of Proposed Tourism Promotion Services, a copy of which aze incorporated herein and
attached hereto as Exhibit A, with adjustments to be made by the TCC to reduce total 2013
expenditures to $85,490.
2. Be the focal point for community involvement, act as a clearinghouse for community
organization, and participate in the distribution of Hotel Motel Tax funds budgeted fox
tourism promotion.
Prepare and submit an annual budget request to the Board of Commissioners based on the
adopted strategy, for consideration for appropriation.
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 9 Tourism Coordinating Council
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY TCC
1. Provide to the COUNTY an annual and semi-annual report of the use, services, programs
and activities of the TCC and billing for monthly payment though Hotel-Motel Fund.
2. By March 31~` each year provide the following information on the attached form, Exhibit
B, 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 (if
applicable).
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 (if applicable).
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 azea).
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: 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 asdefined under this agreement.
2. Said funding is in the sum of $85,490.00 for 2013. 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 annual reports defined in Section 2.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2013 and ending on
December 31, 2013.
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 appended in writing to the Agreement.
Page: 2 of 9 Tourism Coordinating Council
SECTION 7: TERMINATION
The Agreement may be terminated, upon thirty (30) days written notice by either party. Afrer
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 apro-rated
shaze of the agreed funding upon termination based upon the balance of time remaining in the term
unless otherwise negotiated.
SECTION 8: COMPLIANCE WITH APPLICABLE LAWS
The TCC 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.
APPROVED and signed this day of March, 2013.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Raina Randall
Deputy Clerk of the Board
Approved as to Form:
3181 t3
Q
David Alvarez, Deputy
Prosecuting Attorney
John Austin. Chair Date
JEFFERSON COUNTY
TOURISM COORDINATING COUNCIL
A~tt o1~0~ Date
Page: 3 of 9 Tourism Coordinating Council
EXHIBIT A
TCC Financial Report -Draft 2073
& Itemized List of Proposed Tourism Promotion Services
[Note: TCC shall reduce total expenditures to $85,490.]
TCC Financial Report, Draft-2013
Revised 11/16/12
aGtW/+
BYfEiTpQ!! pfO~eCted OYln'Yntt
Lodging list Placement in Getaway Guides 51,500 SO $1,500
B'rke Map 52,500 SO $2,500
Opportunities 52,15D $0 $2,150
Reprint JefFCoActivdy Map 53,500 SO 53,500
SO $0 SO
Adwrtisina-Marketlna 540,626 SO 540.626
BpringlFall Campaigns 528,000 SO 528,000
Creathre/Design 51,250 SO 51,250
FAM Tour Support 52,350 SO 52,350
Olympic Culinary Loop 54,000 $0 54,000
Waterfall TtaN Project 52,000 SO 52,000
Marfroting SummR Collaboration 52,000 SD 52,000
WTA Membership, Summit Fees 8 Trovei 5925 50 5525
Web Hostlnq-olymplcpenlnsula,com 5225 SO 5225
Domain Registretion S26 SO 325
SD Sa
Nob: 4 areas nprasanMd: Pt Lud>!ow, PL Haetfoek, QdlaandDrlnnon, Waae Bred
Coordination of Marketing, Budget, etc. Sg,00D SO 59,000
Travel, Postage, Copies, Oftkte Expenses, etc. 52,000 $0 52,000
Gonterence CaNMg 5300 SO S3D0
Mtg Room Fees 5350 SO 5350
SO SO
Error C,k for Dlff. $0 $0 $0
Page: 4 of 9 Tourism Coordinating Council
Page
Section 1. Itemized List of Proposed Tourism Promotion Services
Organization (or Event) Name: Jefferson County Totrism Coordinating Cotatcil
Advertising - Mtsdia ...................................538,850
Spring/Fall Campaigns ........... $28,000
There are two major campaigns the TCC tuns. We partner with Clailam County for better buying power on
promotions and advertising, and to pmsrrote the entire Olympic Peninsra in one package. The consumer does
not recognize county lines end therefore the TCC and the OlympicPerriesula Visitor's Center in Part Angeles
combine fiords to ensrue that our pramions reach as large an audience as poselble and to take advanta~ of
economies of scale in print, radio, web and streaming advertising that the TCC would not be able to afford on
its owe. $ appears that the TCC has done a very good job bringing visitors to Jefferson County since "Visitor
Spending by Type of Traveler Accommodatioq" (Exhibit A: Dean Runyan Report, Washington State County
Travel Impact & Visitor Volume 1991-2011, page 62} shows that Visitor Spending at Destinatiorr has
consistently risen, other than a temporary leveling off durieg 2009 and 2010. This very positively reflects the
work that TCC does and wmpares positively to the falling General Sales Tax history of Jefferson Caurty.
CreativeJDesi ...........51,250
Tn order to save money oa promotions, advertisemems, streaming ads, we use as much of the material from
past promotions as possible, however, changes are still necessary to update banners, website, etc, with new
dates, info about new promotions. etc.
FAM Tour Support .................52,350
Tn order to increase the knowledge of taro operators, the TCC conducts Familiarization Tours in Jefferson
County for tau oampany professia~nals, and others who direct tourists and visitors to au area. Because of the
tours that TCC has helped to sponsor in the past, professional tau companies have designed tours on the
Olympic Peninsila and tour operators are selling packages to visitors that include those tours, as well as
lodgings, food, etc, in Jefferson County and on the Olympic Peninsula. In additioq FAM Taus for travel
writers have directly brought many tharsends of dollars in magazine, web, aed radio articles that TCC would
not have been able to purchase directly.
Olympic Culinary Loop ..............$4,000
There are throe camties cooperating oo this new Assotaatioe promoting the cuisine oe the Olympic Peninsula,
and thereby bringing in visitors who will need to stay in lodgings during the culinary touts of the Peninsula.
This project includes support fm the ongoing effort to bring visitors hereby contributing to brochure printing
expense, website changes and mairrteaance (allrepreseating a tegiaral aed national branding effort) and taus
that will increase lodging stays and therefore LTAC income. The Culinary Loop Adventure is used as the core
of T'CC's Spring and FaIE Campaign promotions.
Marketing Summit Collaboration ........$2,000
Each yeas, an extremely valuable regional Summit is put on by Je1'tlro TCC's partner group, OPTC, to educate
lodgings and tourism busitress awcers, members and parhrers se the tourism indrrshy in how to better bring
visitors to this area, which will help increase LTAC itrcome. Jefferson Couery TCC is as at~ve parttrer in this
endeavors.
WTAMembership, Summit Fees, Travel .....$925
Washington Taoism A1Gance (WTA) is the trees Membce-supported, stato-wide, marketing organization that
has taken the place of the State-supported tauism organization that died when the Washington State
Legislature stopped finding tourism. This is a very tmporlant support group for tarrism. Ie 1993, Colorado
eliminated its tourism ntarketieg function, whce its $12 million prornotion budget was cut to zero. As a result,
Colorado's domestic market share plunged 30% within two years,. representieg a loss of over $t.4 billion in
tourism revenue neutrally.
Page: 5 of 9 Tourism Coordinating Council
Page
Ova time, the rervenue loss increased to well over $2 billion yearly. It took seven years for the
industry to convince legislators to reinstate funding with a modest SS million budget. Research tracked the
effectiveness of the state's tourism campaigns ova the next few years and demonstrated an ROI of 12:1.
This category covers member fees, admission to the anousl nerworlting and educational summit for two TCC
members, and travel.
Web Hosting (olympicpeninsula.com} ....... 5225
This website originally was the place to which atl advertising and promotions were directed for information
about Jefferson County and the Olympic Peninsula. Rececttly, that website was replaced by a cooperative
website with ell eleven partners in the Olympic Peninsula Tourism Commission, which includes Jefferson
County. However, we have retained dympicpeninsula.com because of the "cormters" that are programmed on
it, and use those counters to collate infmmationtwebsite hits far our new website, olympicpeninsula.org.
Olympic Peninsula Tourism Commission .....................527,000
This is the portion of funds that are contributed to the joim marketing efforts of the Olympic Peninsula
Tourism Commission (OPTC), which handles overall marketing of the Olympic Peninsula, of which TCC is a
partner, with a much greater force. The funds from the OPTC are spent in a diversified manna including print,
web, radio, trade shows, networking to promote towisro to the Olympic Pdunsula. Jn 2009, OPTC was
instrumental in producing a regional website, olympicpeninsuia.arg, in which all Chambers and Visitor's
Centers on the Olympic Peninsula are able tiD manage their own pages/sectionfinformation and include
information about their local areas that they feel is critical. All advertising and promotions done by OPTC
paint to that website, which contains information abort Jefferson. County lodgings, restaurants, events, things
to do, everything visitors need to know to draw them to Jefferson County.
Tn addition, OPTC is instrumental in procuring unpaid articles abort the Olympic Peninsula in prim, web,
etc, that world rest an estimated $12.2 miltioa annually (See Exhibit F, "Olympic Peninsula Visitor Bureau
Media Covexage Summary, Dec 2011-Sept 2012, Estimated Publicity Value: $11,208,227, Estimated Online
Impression: 5324,211,032).
Jefferson County TCC also joins with OPTC to publish a Travel Planner that covers the whole Olympic
Peninsula and includes the Lodging Guides from each area of the Olympic Peninsula, including Jefferson
County.
Advertising Collateral ....................................... E7,000
PAD Map for County .....................53,500
This is for a reprint of maps of Jefferson County that includes the most popular activities for visitors. This map
is particularly important for bicycle riders, hikers, divers, campers, fishermen, etc. anti includes the lodging
guide for Jefferson County. The Pad Map is now being used as a fuifillmeru item and is included in every
request by prospective visitors for information about the Olympic Peninsula.
Leader Ad containing Lodging Guide ..........51,500
Last year, JeffCo TCC joined with Port Townsend to publish the Lodging Guides for both Jefferson County
and Part Town~rd in the Port Townsend Leads Getaway Crude, which is distributed along the I-5 and
related communities, as well as on the Olympic Peronsula.
Waterfall Trail Project ...............52,000
There are three counties cooperating in this regro~l project, which includes pr~roting 26+ waterfalls in four
cormties on the Olympic Peninsula. This brochure has been exexedingly successful, and another printing will
be required in 2013. Articles in natianai magaanes Gave brought wide acclaim and attention for Jefferson
County and the Olympic Peninsula, and these funds will contirare the work on the brochures, on the related
website, and an the regional and national branding effcats. The waterfall trail takes much more than one day to
see all the waterfalls, which contributes to ineaeasing the numbs of nights each tauist stays in lodgings here
in Jefferson County
Marketing and Meeting Management .............511,850
Page: 6 of 9 Tourism Coordinating Council
Page
A contracted staff person is paid $750 per month to do marketing coordiiatian, processing of
invoices/billi-g, preparation and coordination of meetings, dispersing information and legal
documents, attending all TCC and related meetings, updating a lodging list that is published in the
Travel Planner each year, filling out budget request documents, coordinating business, attending to
phones, interacting with lodgings regarding spring and fall campaigns ... $9,000
F~cpenses: making copies for meetings and for record keeping, travel toffrom meetings (mileage
expense), postage, copies for meeting packets and billing, phorm; exper-se for cor-ferenoe calls,
supplies, etc .............................................$2,000
Conference Calling: TCC has permission to use a Conference Calling System owned by Olympic
Peninsula ~sltor Bureau (Diane Schostak) without an capital outlay, however, we must pay the
charges for the time that we use lt during the monthly TCC meetings, as well as during occasional
unexpected meetings ......................................$300
Meeting Room Foss: TCC had been meeting at WSU in a free conference room. At the end of
2011, V11SU changed its policy and began charging $35 per meeting to use their conference room.
During 2012, TCC has moved venues at each meeting in the attempt to avoid meeting room fees.
That has been a very cumbersome and difficult endeavor, and TCC is now planning to pay a
monthly d~arge for meeting rooms ............................$350
Page: 7 of 9 Tourism Coordinating Council
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a
AGREEMENT
By and Between
NORTH HOOD CANAL CHAMBER OF COMMERCE
And
JEFFERSON COUNTY
For Hotel-Motel Funding 2013
This Agreement is 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 anon-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; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended
funding the lodging tax proposal by the North Hood Canal Chamber of Commerce to operate visitor
centers in Quilcene and Brinnon, and as funds allow, to participate in regional marketing support;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein, it
is agreed by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The NHCCC shall use its capabilities to perform the following specific services as necessary:
Be responsible for the daily operation and continuation of the Quilcene Visitor's Center and
the Brinnon Visitor's Center.
2. Be the point of contact for the Jefferson County Tourism Coordinating Council for support of
and participation in tourism promotional activities as funds allow. This includes but is not
limited to regional tourism promotion activities in conjunction with the Olympic Peninsula
Tourism Commission for media, OPTC's Regional Summit, and Northwest Travel Magazine;
Jefferson County Tourism Coordinating Council for Spring and Fall campaigns, Bike Map and
Familiarization Marketing Tours; and Olympic Peninsula Culinary Loop for Spring and Fall
campaigns, support the Regional Tribal Canoe Journey. Maintain web site, develop and update
web content and provide Internet links with OPTC and other regional tourism web sites; 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.
3. Designate a representative and alternate to serve on the Tourism Coordinating Council.
SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF
COMMERCE
Provide to the COiJNTY 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. Any monies under-expended to the total funding allocated
under this contract shall be refunded to Jefferson County by December 31, 2013. Maintain the
above records and back-up documentation for bills paid for a minimum of three years.
With respect to the Quilcene Visitor's Center, to be located at or within the Ranger Station
located in Quilcene, and the Brinnon Visitor's Center, 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 Quilcene
Visitor's Center.
4. By March 31st each yeaz provide the following information on the attached form, 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 NHCCC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or
not) by the NHCCC 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. ("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. ("bodging" 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: RESPONSIBILITY 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 $44,535.
2. NHCCC will receive a lump sum payment, payable upon execution of this contract.
SECTION 4: TERM
This Agreement shall run to December 31, 2013, commencing upon execution of this contract.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
North Hood Canal Chamber of Commerce & Visitor Center Page: 2 of 6
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 shall
continue in force for the full term. The COUNTY shall be refunded apro-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 NHCCC 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 azising 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 COiJNTY 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.
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
of RCW 4.25.115 and was subject of mutual negotiation.
SECTION 9: INSURANCE
The NHCCC shall obtain and keep in force during the teen 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 Liability insurance as maybe required by the State of
Washington.
North Hood Canal Chamber of Commerce & Visitor Center Page: 3 of 6
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 contribufing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the NHCCC, or any
employee of the NHCCC.
SECTION 11: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
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.
SECTION 12: DISCRIMINATION PROHIBITED
NHCCC with regazd to the services to be completed under this agreement, will not discriminate on the
grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona
fide occupational qualification in the selection and retention of employees, materials, supplies,
contractors or subcontractors.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated agreement
between the County and the NHCCC and supersedes all prior negotiations, representations, or
agreements written or oral. This agreement may be amended only by written instrument signed by
both the County and the NHCCC.
APPROVED and signed this day of
Attest:
Raina Randall
Deputy Clerk of the Board
2013.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
John Austin, Chair
Date
Approved as to F rm: NORTH HOOD CANAL CHAMBER OF
{~~~~ /~3I l'~1 J3 C'O MERCE & ITOR~ NTER ~`~/~
David Alvazez, Deputy ~A o~ed Utfic~31~G Date
Prosecuting Attorney
North Hood Canal Chamber of Commerce & Visitor Center Page: 4 of 6
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AGREEMENT
By and Between
JEFFERSON COUNTY CHAMBER OF
And
JEFFERSON COUNTY
For Hotel-Motel Funding, 2013
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY") and the JEFFERSON COUNTY CHAMBER OF COMMERCE (hereinafter known as
"JCCC").
WHEREAS, the JCCC is anon-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism in unincorporated East Jefferson County,
especially in the greater Port Hadlock/Tri-Area region and Port Ludlow 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; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended
funding the lodging tax proposal by the Jefferson County Chamber of Commerce to: support marketing
outside the County of events including Festival by the Bay and Hadlock Days, and other tourism
promotion activities;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein, it
is agreed by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The JCCC shall use its capabilities to perform the following specific services to benefit tourism in the
greater Port Hadlock/Tri-Area region and Port Ludlow region as described herein:
Assist in marketing outside Jefferson County of County events including Hadlock Days and
Festival by the Bay; and other tourism promotion activities consistent with the Itemized List of
Proposed Tourism Promotion Services and 2013 Budget, a copy of which is incorporated herein and
attached hereto as Exhibit A, with adjustments to be made by the JCCC to reduce tota12013
expenditures to $12,360.
2. Be a point of contact for the Jefferson County Tourism Coordinating Council for support and
participation in tourism promotional activities; assist in developing regional promotional material
in conjunction with other Chambers of Commerce and the Tourism Coordinating Council;
3. 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.
4. As vacancies occur, recommend potential representatives and alternates, preferably Chamber
members, for inclusion with other candidates for consideration by the Boazd of County
Commissioners for appointment to the Tourism Coordinating Council to represent the Port
Hadlock/'Tri-Area region and the Port Ludlow region.
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY CHAMBER OF
1. 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, 2013.
2. By March 315` each year provide the following information on the form attached hereto as Exhibit B
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 of lodging 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 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); and
e. Measurements that demonstrate the impact of increased tourism attributable to the event,
festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
The COiJNTY 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 sum of $12,360.
2. JCCC will receive a lump sum payment, payable upon execution of this contract.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2013 and ending on December
31, 2013, except that the reporting requirements of Section 2.3 above shall run to March 31, 2014.
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.
Page 2 of 9 Jefferson County Chamber Agreement - 2013
SECTION 7: TERMINATION
The Agreement maybe terminated, upon thirty (30) days written nonce 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 apro-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 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 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 of
RCW 4.24.115 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 Compensation and Emoloyer's Liability 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
Page 3 of 9 Jefferson County Chamber Agreement - 2013
insurance program, otherwise assuming the duties of an employer with respect to the JCCC, or any
employee of the JCCC.
SECTION 11: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
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, WA.
SECTION 12: DISCRIMINATION PROHIBITED
JCCC with regard to the services to be completed under this agreement, will not discriminate on the
grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona
fide occupational qualification in the selection and retention of employees, materials, supplies,
contractors or subcontractors.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated agreement
between the County and the JCCC and supersedes all prior negotiations, representations, or agreements
written or oral. This agreement may be amended only by written instrument signed by both the County
and the JCCC.
APPROVED and signed this day of , 2013.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Clerk of the Board John Austin, Chair Date
Approved as to Form: JEFFERSON COUNTY CHAMBER OF
COMMERCE
3 ~Z0,1~
_ ?j Ll'/~
David Alvarez, Deputy Auth ize Official Date
Prosecuting Attorney
Page 4 of 9 Jefferson County Chamber Agreement - 2013
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services ~ 2013 Budget
[Note: JCCC shall reduce total expenditures to $12,360.]
Page '7
Section 1. Itemized List of Proposed Tourism Promotion Services
Organization (or Event) Name:
- in the following space or on a separate sheet of paper, please specify each proposed
tourism promotion, facility, event or activity, including quantities and costs (see
examples at bottom of page).
We are proposing a campaign of print, digital and broadcast media promotions that invite Puget
Sound residents to visit Jefferson County. As a subset of that general advertising campaign, we
propose specific, short duration, targeted campaigns for individual events. The individual events
include Festival by the Bay in Port Ludlow, Hadlock Days, Jefferson County Farm Tour and farmer's
markets in Port Ludlow, Chimacum and Port Townsend.
To avoid duplication of efforts, the campaign will be executed in close collaboration with all our
tourism promotion partners. This includes Olympic Peninsula Tourism Commission, the Jefferson
County Tourism Coordinating Council, the City of Port Townsend and chambers of commerce in
Brinnon and Quilcene.
The Puget Sound area and the Olympic Peninsula will be our target audience, as those are the
areas where we are likely to draw the most visitors. We will use themes identiFied as travel
motivators. We will portray the county as an exciting, unique destination, great for the whole family,
a place where you can find adventure, or be pampered in luxurious accommodations. For specfic
events, we will utilize media outlets most likely to reach target audiences. For example, Festival 6y
the Bay in Port Ludlow will be marketed to nearby communties in Kitsap County. In all our
campaigns, we will employ what is currently known about attendees at events and track response
rates to inform future advertising campaigns.
Specific media buys include:
• $3,000 -Port Townsend Leader Getaway Tourist Guide. Distributed on Bainbridge, Kingston,
Clinton and Port Townsend fercies and to major visitor centers from Port Townsend to Tacoma and
Blaine to Seattle. Distributed from spring 2013 to spring 2014.
• $1,500 -Peninsula Daily News Visitor's Guide. Targets Clallam County from Spring 2013 to
Winter 2013.
• $1,000 - KPTZ -Port Townsend's local radio, also heard on Whidbey Island and other nearby
communities.
• $2,000 -Selected web advertising.
• $2,200 -- Kitsap Business Journal. May issue, Golf and Recreation; and August issue,
Hospitality & Meeting facilities. The ads will also be seen on their "turning pages"
online.
Individual event advertising:
Page 5 of 9 Jefferson County Chamber Agreement - 2013
pie - (o
• $2,000 -Festival by the Bay -Print , radia and web advertising focusing on Kitsap County.
• $2,000- Hadbck Days -- Print ,radio and web advertising. Focus on Kitsap and Clallam counties.
We also ask for funds to contract for the following services;
• $3,000 for construction of a visitor kiosk at Chimacum Corners. The kiosk will direct people toward
area farms, raderies, wineries, parks, recreation facilities and other areas of visitor interest.
Page 6 of 9 Jefferson County Chamber Agreement - 2013
2013 Budget
Promotion Activity Suggested
Amount*
Leader Guide $ 3,000
PDN Guide $ 1,500
KPTZ not funded
Web ads $ 1,404
Kitsap Business
Journal
$
1,544
Festival by the Bay $ 1,404
Hadlock Days $ 1,404
Chimacum kiosk $ 2,105
Total $ 12,360
* JCCC may adjust lodging tax amounts between Promotion Activities to total no more than $12,360,
except for promotions on ICPTZ, which is not eligible to receive Hotel-Motel Tax dollazs because of its
broadcast range limited to Jefferson County.
Page 7 of 9 Jefferson County Chamber Agreement - 2013
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AGREEMENT
By and Between
THE QUILCENE HISTORICAL MUSEUM
And
JEFFERSON COUNTY
For Hotel-Motel Funding 201.3
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the QUILCENE HISTORICAL MUSEUM (hereinafter known as "MUSEUM").
WHEREAS, the MUSEUM is anon-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; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Quilcene Historical Museum to promote,
operate and maintain the museum as a cultural resource and tourism destination, and to provide
information to tourists and residents about the local area;
NOW, THEREFORE, 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 tourism promotion services consistent with the Itemized List of Proposed Tourism
Promotion Services, a copy of which is incorporated herein and attached hereto as Exhibit A, with
adjustments to be made by the Museum to reduce tota12013 expenditures to $8,420, plus other
tourism promotion services as outlined below:-
Operation of the Quilcene Historical Museum and programs, including:
a. Caze of the collection for its long-term maintenance.
b. Outreach to County residents through educational programs and Museum exhibits
regarding cultural and natural heritage.
c. Continued documentation of County heritage through collecting, oral history, research
and other means.
d. Advocacy of heritage preservation through all available means including the
enhancement of heritage based tourism for the economic development of the County.
2. Be a point of contact for the Jefferson County Tourism Coordinating Council for support
and participation in tourism promotional activities; assist in developing regional
promotional material in conjunction with other Chambers of Commerce and the Tourism
Coordinating Council.
Page: 1 of 8 Quilcene Historical Museum
3. 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.
4. As vacancies occur, recommend potential representatives and alternates for inclusion with
other candidates for consideration by the Boazd of County Commissioners for appointment
to the Tourism Coordinating Council to represent the Quilcene region.
SECTION 2: RESPONSIBILITIES OF THE OUILCENE HISTORICAL MUSEUM
1. Provide to the COUNTY an annual report of the use, services, programs and activities ofthe
MUSEUM and billing for semi-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, 2013.
3. By March 315` each yeaz 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 or
not) by the MUSEUM 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. ("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: RESPONSIBILITIES OF JEFFERSON COUNTY
The COUNTY will provide the MUSEUM 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 $8,420 for 2013. Semi-annual payments of $4,210 will be
made upon execution of this agreement and July of 2013.
3. Payments are to be predicated on reports defined in Section 2. Payment will be made by the
COUNTY on the first available billing cycle after execution of this agreement and July.
Page: 2 of 8 Quilcene Historical Museum
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2013 and ending on
December 31, 2013, except that the reporting requirements of Section 2.3 above shall run to March 31,
2014.
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 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 apro-rated
shaze of the agreed funding upon termination, based upon the balance of the time remaining in the
term unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
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 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 MUSEUM'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 MUSEUM'S
negligence, or the negligence of the MUSEUM'S 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 of mutual negotiation.
Page: 3 of 8 Quilcene Historical Museum
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 Liability 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 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.
SECTION 11. AGREEMENT TO COMPLY WITH APPLICABLE LAWS
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.
SECTION 12. DISCRIMINATION PROHIBITED
MUSEUM with regazd to the services to be completed under this agreement, will not
discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or service animal by a person with
a disability, unless based upon a bona fide occupational qualification in the selection and
retention of employees, materials, supplies, contractors or subcontractors.
Page: 4 of 8 Quilcene Historical Museum
SECTION 13. INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the MUSEUM and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both the County and the MUSEUM.
APPROVED and signed this day of
Attest:
2013.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Raina Randall John Austin, Chair Date
Deputy Clerk of the Board
Approved as to Form: QUILCENE HISTORICAL MUSEUM
Kr?P~iCtic/~~2cf I~
David Alvazez, Depu Authoriz fficial Date
Prosecuting Attorney
Page: 5 of 8 Quilceue Historical Museum
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
[Note: Museum shall reduce total Hotel-Motel Tax expenditures to $8,420 or less.]
Seefian 1. Itemized List of Proposed Tourism .Promotion Services
Our promotions will reachbut to other countries, states, counties and cities ttuough our new Museum,
Worthington Park and Linger Longer Stage web-sites, flyers, advertisements, newsletters, personal event
invitations, brochures, news articles, listings in tourist and museum guides, and ticket sales
Museum promotional flyers to describe the purpose, exhibits & products otthe Museum .........$ SSD.DO
Enhanced Signage {Highway 101, Highway 1D4, Discovery Bay, Hrinnon) S 200.00
Promotional advertiaemants in various SpringlSummerVisitorGuldes {local, county, state) .............$ 250.00
Newsletters in Spring and Fall mailed to residents in 8 counties and 10 states. ...... .................5 665.00
S,.,atar r~vita8ona exhibit and membership information to memberslnon-members in 8 States .....$425.00
News articles in bcal media about everds, activities and special exhibits ........... $ 75.00
Museum web•sites upgraded vrith links to lodging, dining and events ........... S 750.00
Museum guides and web•sites (Washington State and US listings) .................$175.00
Cooperation and activities with other Museums in surcourxling counties (Mason, Cl~lam, Kitsap) .......... $150.00
Co•operd0on with Quilcene Fair tluilcene AiumM Asaoaafion ........... S 150.OD
Cooperetion. promotion and help vrith planning for the "Tribal Cance Journey" En &innon ...... $300.00
Quik;ene Alumni Associafion Quik:ene Teachers Assoc. Quilcene Lions Club Quilcene Masons
DescriMor 1 order form brochures to describe and promote the sale of Museum publications : ............... 3$ 70.00
Total proposed direct tourism promotion Services = 0.00
Oral Family History Proiect~ "Life Sforv" on CD $ 4D0.00
Quilcene History booklets and mapping protects $ 125.00
Kids' Displays (interactive when possible) $ 75.00
Publication of local historieslbios $ 600.00
Exhibits,photofartifactildocument preserva0on, collection software $ 425.00
Utilities, security lighting, office supplies, insurance, texas, equipment 6245.00
Total proposed direct tourism facility Services = 7870.00
TOTAL LTAC request for Museum promotion !facility services = $11.960
Page: 6 of 8 Quilcene Historical Museum
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