HomeMy WebLinkAbout040813_ca02Consent 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: Apri18, 2013
SUBJECT: AGREEMENT re: 2013 Hotel Motel Grant Funding; In the Amount of
523,190, Forks Chamber of Commerce and Visitor Center
STATEMENT OF I55UE:
This agreement provides 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:
Forks Chamber of Commerce and Visitor Center: $23,190
RECOMMENDATION:
Approve and sign the agreements.
REVIEWED BY:
~~~~
Ph ip Morle , C unty Adm' istr or Date:
AGREEMENT
By and Between
FORK5 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 FORKS CHAMBER OF COMMERCE (hereinafter known as "FCC").
WHEREAS, the FCC 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 West Jefferson County, as well as
workshops, conferences and materials to enhance productivity of visitor information centers in the
promotion of the tourism industry.
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 FCC shall use its capabilities to perform the following specific services as necessary:
Negotiate a visitor information service with Olympic National Park for seasonal personnel
coverage at the Kalaloch Visitor Center.
2. As funds allow update, print and distribute a West End tourism map.
Be the focal point for support of the West End participation in tourism promotional
activities included but not limited to: web page update and web site hosting; distribution of
tourism information and materials through the Kalaloch Visitor Center and the Forks
Visitor Information Center; Joint Mazketing and other tourism promotion activities.
SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE
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, 2013.
By March 31~` 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 FCC.
Page 1 of 6 Forks Chamber of Commerce
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. 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 amibutable to the
event, festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
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 $23,190.
2. FCC will receive a lump sum payment, payable upon execution of this agreement.
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.
SECTION 6: MODIFICATION
This Agreement maybe 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 time remaining in the term
unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
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
Page 2 of 6 Forks Chamber of Commerce
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, 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 of the FCC 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 FCC 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 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 Comuensation and Emplover's Liability insurance as may be required by the State of
Washington.
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 fox
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.
SECTION 11: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
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, WA.
SECTION 12: DISCRIMINATION PROHIBITED
FCC 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.
Page 3 of 6 Forks Chamber of Commerce
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the FCC 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 FCC.
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: FORKS CHAMBER OF COMMERCE
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David Alvarez, De Authorized fficial Date
Prosecuting Attorney ~e..r~~,,.•~J ~~~,<~ - i~esr~e~f ~'cc_
Page 4 of 6 Forks Chamber of Commerce
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