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HomeMy WebLinkAbout012714_ca03Consent 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: January 27, 2014 SUBJECT: AGREEMENTS (5) re: 2014 Hotel Motel Grant Funding; 1) In the Amount of $54,373; Jefferson County Historical Society; 2) In the Amount of $8,420; Quilcene Historical Museum; 3) In the Amount of $47,050; North Hood Canal Chamber of Commerce and Visitor Center; 4) In the Amount of $23,120; Forks Chamber of Commerce; and 5) In the Amount of $85,800; Tourism Coordinating Council STATEMENT OF ISSUE: These agreements provide grant funding for 2014 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: Jefferson County Historical Society: Quilcene Historical Museum: North Hood Canal Chamber of Commerce and Visitor Center: Forks Chamber of Commerce and Visitor Center: Tourism Coordinating Council: RECOMMENDATION: Approve and sign the agreements. REVIEWED BY: Phi ip Morley,; Co ty Admaustrat Date: $54,373 $8,420 $47,050 $23,120 $85,800 AGREEMENT By and Between THE JEFFERSON COUNTY HISTORICAL SOCIETY And JEFFERSON COUNTY For Hotel -Motel Funding, 2014 This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY HISTORICAL SOCIETY (hereinafter known as "HISTORICAL SOCIETY "). WHEREAS, the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY shall use the Hotel -Motel Tax funding under this agreement to fund staff salaries to continue and update the ongoing performance of the following specific services: Operation of the following tourism facilities in Jefferson County: • Jefferson Museum of Art & History • Rothschild House Museum • Commanding Officer's Quarters Museum • Historical Research Center 2. Operation of the County Museum and care of the collection for its long -term maintenance. 3. Outreach to County residents through educational programs and Museum exhibits regarding cultural and natural heritage. 4. Promotion of heritage awareness through countywide recognition programs and the establishment of new and traveling exhibits and publications. 5. Continued documentation of County heritage through collecting, oral history, research and other means. 6. Advocacy of heritage preservation through all available means including the enhancement of heritage based tourism for the economic development of the County. Page: 1 of 7 Jefferson County Historical Society 7. Assistance as requested to the Quilcene Historical Museum in development of its Museum, in implementation of basic museum practices and procedures and in promotion of the Museum as a local, public cultural and education organization. 8. Tourism promotion services provided by JCHS Staff and volunteers at each facility as follows: • Verbal information, displays and brochures; • Telephone communications during normal office hours (9:00 a.m. — 5:00 p.m.) year round; • Website access to tourism information SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY HISTORICAL SOCIETY Provide to the COUNTY a quarterly report of the use, services, programs and activities of the HISTORICAL SOCIETY and billing for quarterly payment through Hotel -Motel Fund. 2. By March 31" of each year provide the following information on Exhibit A, attached hereto and incorporated by reference for the previous year. a. Each festival, event, or tourism facility owned and/or operated by HISTORICAL SOCIETY. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the HISTORICAL SOCIETY 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: RESPONSIBILITY OF JEFFERSON COUNTY The COUNTY will provide the HISTORICAL SOCIETY 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 $54,373 for 2014. Quarterly payments of $13,593.25 will be made, beginning with the first quarter of 2014. 3. Payments are to be predicated on quarterly reports defined in Section 2. Payment will be made by the COUNTY on the first available billing cycle of the quarter. Page: 2 of 7 Jefferson County Historical Society SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1, 2014 and ending on December 31, 2014, except for the report referenced in Section 2.2, due March 31, 2015. SECTION 5: ASSIGNMENT Either parry to the agreement shall not assign this Agreement, except by signed amendment. SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties. SECTION 7: TERMINATION The Agreement may be terminated, upon thirty (30) days written notice by either parry. After receipt of notice, and before termination, the parry 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 time remaining in the term unless otherwise negotiated. SECTION 8: HOLD HARMLESS The HISTORICAL SOCIETY 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 HISTORICAL SOCIETY's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY'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 HISTORICAL SOCIETY's negligence, or the negligence of the HISTORICAL SOCIETY's agents or employees. The HISTORICAL SOCIETY specifically assumes potential liability for actions brought against the COUNTY by the HISTORICAL SOCIETY's employees, or any other persons engaged in the performance of any work or service required of the HISTORICAL SOCIETY 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 Page: 3 of 7 Jefferson County Historical Society RCW. The HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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. The HISTORICAL SOCIETY shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all HISTORICAL SOCIETY employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. SECTION 10: INDEPENDENT CONTRACTOR The HISTORICAL SOCIETY and the COUNTY agree that the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY nor any employee of the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY, or any employee, representative, agent or contractor of the HISTORICAL SOCIETY. SECTION 11: COMPLIANCE WITH LAWS The HISTORICAL SOCIETY 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, Washington. SECTION 12: DISCRIMINATION PROHIBITED The HISTORICAL SOCIETY with regard to the project 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 7 Jefferson County Historical Society SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY. APPROVED and signed this day of 12014. JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Avery, Deputy Clerk of the Board Approved as to Form: David Alvarez, Deputy Prosecuting Attorney John Austin, Chairman JEFFERSON COUNTY HISTORICAL SOCIETY Authorized Official Page: 5 of 7 Jefferson County Historical Society « _2 _ w / \ S 2f/ ± k } � \ o 2 \ % � ƒ ' ) {\ k( \§)) \1 2� �» ; B ƒ]4 ( �\ � me )kt\ (\ LL r \ @ ƒ \ i \ \\ }\ \ ) Ch « / k ( \ \ \ \ / 2f/ ) {\ \§)) B ƒ]4 )kt\ }\ \ ))\ . \Z�� \(\ / ƒ }z \ \ \ f \§ \ / % / \ / _ ) � ( / & \ \ \ d « H § � ) § e $ Q 0 \\ 4= fd \� § 7 § \ � k \ z \ ) .m ( . \ ( 2 3 m bo \ �§ ) o \ // � ]/ \ / \/ \ / \) \ { j\ ee a E w» ] § ® ° O / \\ \ / 5 r { \_3 \ \\ ) t) \\ � to , « H § � ) § e $ Q 0 \\ 4= fd \� § 7 § \ � k \ z \ AGREEMENT By and Between THE QUILCENE HISTORICAL MUSEUM And JEFFERSON COUNTY For Hotel -Motel Funding 2014 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 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; 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, plus other tourism promotion services as outlined below: Operation of the Quilcene Historical Museum and programs, including: a. Care 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 Board of County Commissioners for appointment to the Tourism Coordinating Council to represent the Quilcene region. SECTION 2: RESPONSIBILITIES OF THE OUILCENE HISTORICAL MUSEUM Provide to the COUNTY an annual report of the use, services, programs and activities of the 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, 2014. 3. By March 31' 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 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 2014. Semi- annual payments of $4,210 will be made upon execution of this agreement and July of 2014. 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, 2014 and ending on December 31, 2014, except that the reporting requirements of Section 2.3 above shall run to March 31, 2015. SECTION 5: ASSIGNMENT Either parry 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 parry 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. 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. The MUSEUM shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all MUSEUM employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 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 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: 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: 2014. JEFFERSON COUNTY BOARD OF COMMISSIONERS Carolyn Avery John Austin, Chairman Date Deputy Clerk of the Board Approved as to Form: QUILCENE HISTORICAL MUSEUM i)13 /'`f Oaj :.Q David Alvarez, Deplwy Xuthoryyl Official Date Prosecuting Attorney Page: 5 of 8 Quilcene Historical Museum f NIM --7ii1 Itemized List of Proposed Tourism Promotion Services [Note: Museum shall reduce total Hotel -Motel Tax expenditures to $8,420 or less.] Our promotions will reach out to other countries states counties and cities through our new Museum, Worthington Park and Linger Longer Stage web - sites, Byers, advertisements, newsletters, personal event invitations, brochures, news articles, listings in tourist and museum guides, posters, banners and ticket sales. We will include Jefferson County lodging & dining information. Museum promotional flyers to describe the purpose, exhibits & products of the Museum $150.00 Enhanced Siang@ (Highway 101, Highway 104, Discovery Bay, Brinnon) ........ $,W.00 Promotional Event Advertisements Posters, Banners, Brochures (local, county, state) . _....I.......$ 625.00 Newsletters in Spring and Fall mailed to residents in 9 counties and 10 states. ......... I... $ 430.00 Spedal Invitations exhibit and membershi information to members/non- members in 12 States .....$ 325.00 News articles in local media about events, activities and special exhibits ............ $ 50.00 Museum web-sites & Social Media uograded with links to lodging, dining and events ..........- $ 050.09 Cooceration and activities with other Museums in surrounding counties (Mason, Clallam, Kitsap) .......... $ 50.00 Cooperation with Quilcene Fair Quilcene Alumni Association CMIQ, Quilcene Conversations _ .. $100.00 cooperation promotion and Marketing for special everts (local, county, state) I ...... $1700.00 Descriptor / order form brochures to describe and promote the sale of Museum publications: ............... 125.00 Total proposed direct tourism promotion Services = 05.00 Oral Family History Project: "Life Story" on CD ($75.00 x 2) $ 150.00 Quilcene History booklets and mapping protects $ 125.00 Publication of local historieslbios $ 150.00 photolardfactidocument collection software "PAST PERFECT" $ 450.00 Utilities, security lighting, office supplies, insurance, taxes, equipment 7$ 250.00 Total proposed direct tourism facility services $8125.00 TOTAL LTAC request for Museum tourism Promotion 1 facility services = $12,930 Page: 6 of 8 Quilcene Historical Museum d O N L i0+ L N C V Y O U C O L L d 0 V M H J Z = Vi R X N2 W m C w I L r O J LL O C7 Z C tE O 0. Q1 C B O J C O V a N 3 F 5 S 0 m y i Q 0 N Q � � O U �i N �i a 0 H F O e"u V O U V� z N y 4 0 r E i 0 yo y 0 y d i i O DG 0 ti c n � m y S O O � a h y v cs ti � e m y o 5 y 3 Q' v y c d C o ec '� r r h � fi o a y y W y y p s fi o y0 � a O c E '3 0 ti v U d 00 C OA ro a O a� o 0 0 b y � ro F� o � b O x � L � �zH F � � � m nF_n v v L `o C 0 m 0 0 c 0 F a a 3 0 w E O .o o � W ti U w ° F E '3 0 ti v U d 00 C OA ro a ) ] I B 2 { q =§3 m \ -5 z f #| \ ��( @ / z ) & ! 7 ® & \) ƒ ( )\ § ) \\ ) ) ]\ \ ) /\ ) 3 § / \{ \\ \ \\ ] ) / B 2 { q =§3 m \ -5 z f #| \ ��( @ / z ) & AGREEMENT By and Between NORTH HOOD CANAL CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel -Motel Funding 2014 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 a non -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 and provide visitor information materials for the Dosewallips State Park; be the point of contact for the Jefferson County Tourism Coordinating Council for support of and participation in tourism promotional activities; participate in the promotional activities of the OlyPen Tourism Commission (OPTC) and support regional events as funds allow, consistent with the Itemized List of Proposed Tourism Promotion services and NHCCC LTAC Budget worksheet, a copy of which are incorporated herein and attached hereto as Exhibit A. 2. Designate a representative and alternate to serve on the Tourism Coordinating Council. SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF Provide to the COUNTY 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, 2014. 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 Quileene Visitor's Center. 4. By March 31ST 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 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. ( "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 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 $47,050. 2. NHCCC will receive a lump sum payment, payable upon execution of this contract. SECTION 4: TERM This Agreement shall run to December 31, 2014, commencing upon execution of this contract, except that the reporting requirements of Section 2.4 above shall run to March 31, 2015. 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. North Hood Canal Chamber of Commerce & Visitor Center Page: 2 of 9 SECTION 7: TERNIINATION The Agreement may be terminated, upon thirty (30) days written notice by either parry. After receipt of notice, and before termination, the parry in default may cure the defect, in which case the agreement shall continue in force for the fall term. The COUNTY shall 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 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 arising 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 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 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 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. The NHCCC shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all NHCCC employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 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 North Hood Canal Chamber of Commerce & Visitor Center Page: 3 of 9 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 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 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 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: Carolyn Avery Deputy Clerk of the Board ( Approved as ttoo'�F� ' ))'3))9 David Alvarez, Deputy Prosecuting Attorney ,2014. JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chairman Date NORTH HOOD CANAL CHAMBER OF CO ERCE� VISITOR CENTER Au ed icral Date North Hood Canal Chamber of Commerce & Visitor Center Page: 4 of 9 EXHIBIT A Itemized List of Proposed Tourism Promotion Services NHCCC LTAC Budget worksheet [Note: NHCCC shall reduce total Hotel -Motel Tax expenditures to $47,050 or less] FACILITIES - 40orCentefs(s) - US Forest Service Ranger Station - Quilcene WA US Forest Service Contractual partner: Forest Service financial partnership includes facility value based on $17,950.00 - provide year -round labor. promotional materials in visitor center - Brinnon Community Center- Brinnon. WA - provide labor for customer service to the public, - provide promotional materials support to local businesses and tourists. - provide regional marketing in collaboration with Jefferson Co.. Clailam Co Mason Co.. Grays Harbor Co. in shared cost and delivery of services - Washington State Park - Dosewallips State Park - provide promotional materials support to park -, provide extended informational materials and contracts of local services, activities EVENTS - Local - Hood Canal ShrimpFest - Brinnon. WA - Quilcene Fair and Parade - Quilcene Worthington Park - rrusic events provide tourist information and joint marketing for event(s), festivals, tourist activities support the event with social media and matenais from visitor centers for the public - Regional Olympic Peninsula Tourism Commission (OPTC) - joint marketing partnership for larger market exposure in all media opportunities collaborative marketing projects that benefit the regional tourist opportunities - Jefferson County Tourism Coordinating Council (TCC) ;oint marketing partnership for unincorporated Jefferson County and with our (OPTCi partners Our regional partnerships allow for a broader marketing reach with more regional appeal. The more travelers do. the longer they may stay, and the more the local economy benefits EVENTS • Local - Hood Canal ShrimpFest - Brinnon, WA - Quilcene Fair and Parade - Quilcene, WA - Quilcene Worthington Park -music events - provide tourist information and joint marketing for event(s), festivals, tourist activities - support the event with social media and materials from visitor centers for the public - Regional - Olympic Peninsula Tourism Commission (OPTC) • joint marketing partnership for larger market exposure in all media opportunities - collaborative marketing projects that benefit the regional tourist opportunities - Jefferson County Tourism Coordinating Council (TCC) - joint marketing partnership for unincorporated Jefferson County and with our (OPTC) partners Our regional partnerships allow for a broader marketing reach with more regional appeal. The more travelers do, the longer they tend to stay, and the more the local economy benefits. North Hood Canal Chamber of Commerce & Visitor Center Page: 5 of 9 EXHIBIT A Itemized List of Proposed Tourism Promotion Services NHCCC LTAC Budget worksheet [Note: NHCCC shall reduce total Hotel -Motel Tax expenditures to $47,050 or less] I ru l.xiv aFrvv�a<+mtla+m..r e nuw.wwcm.mm.w wwr. Kll liK LNrorCmur Unnl rop aYe ur[tl pwnrww9+un+ S'FartsFeem. >n0iom mcL.cFrrp:aa:rrvys rwtaFar�ve rename Fa r+. ran fyayam e.pwu . e4r Wmr:.00na qt Ouuaw lwr8rynpr+Mi ruvq.0 SPamonMi n 40 4wmfF wom.cu.r tdwlp Oraatlporbewyrvu+arinm rmx.oA UynFpngram omnw uml�.ItlM ny.wa .[ • IrymY.M4yr �P1'IprW MF'!W . ]e].VMe�lpOr[ rfja- Vay.drgriwre rYa1.PNn rr.e goy r"}F.Fpwrar f. +ry.yarprnar .40 UWJefmaer .W MuYrsvCUnuator Frn WS IspN <Mr rr.a Indvvw ..W ramwvv d.V nx'.SWMw xn ws a. rWrirsuaawm S W »6M.fPpq.q.Mnwu de•)fEW Awr. wFM.vun.r.'ruovn < ry rSM 'Jw l anur. wbrr%�e r.v po rsgM s pwprxni rssen..s Me im.rm�'rmme North Hood Canal Chamber of Commerce ITAC Budget Worksheet January M 11 throegh eeG Me x2014 ewgF iwgnm.e North Hood Canal Chamber of Commerce & Visitor Center Page: 6 of 9 EXHIBIT A Itemized List of Proposed Tourism Promotion Services NHCCC LTAC Budget worksheet [Note: NHCCC shall reduce total Hotel -Motel Tax expenditures to $47,050 or less] a:rrrx asrwo 4eMMC 8390 MmnberMlpWMer 0lganiaNbfls 8870 Mvwihhg aM B+oarNbn To1s1680g abx fxpfnses BSgB-BY8Y1@8811[Pa119f9 BBBO Fine, panaaMS.Jutlgmalts Tod 8800 - Business expen3es Tool Exgfnsf NM ostl4ury Irrcome Net kscanf Jm,, 13 BWgM BW992014 1,088.20 1,84533 1,900.00 3854317 40,8?6.00 67,286.90 8=81 e,ggeai North Hood Canal Chamber of Commerce LTAC Budget Worksheet January 3011 through December 2014 North Hood Canal Chamber of Commerce & Visitor Center Page: 7 of 9 L O R L N Q �T+ O U O V d i W r E m � 7 yd. X o0 W I-- G L O LL C O Q k C tm O J O V a N �L -s L L V R d w r M Z V C� L R t r L W J L ii i O ti 0 i .s i i O O O � n P: O ti P. lz� V O 0 m .b r .V V N N F" en b H C O N �n O ti .•+ N OV ti m i y � O � h � •N 1 w ti � O m � y � i o O fi O O U � N d � ti •� Q � y O 4 y Q i d � 01 O O O s o O A, a O o Fo K o .o d � � O T c n .E b .p T w O � W a � O O y p . wzF v W1 aFi aFi A 0 O N R �o 0 W O R G 0 F 3 0 w E L O F" F o d U > ._ 'O m U O \ .7 _ ) � I \ ( \ Q } / ( pi d 0 5 , � \ k E )d z §. § 7A r f/ d 2 5 u 2 ° � en \ ] / \ a / \ \ k \ \ \ g \ ) § rd ) .S [ \ \ / \ 7v ] j >1 x § / 2a � k\ \ )■ � to \ {( \ ) /u { t /\ t) �° \ §R ca \\ \ >1 d 0 5 , � \ k E )d z §. § 7A r f/ d 2 5 u 2 ° � en \ ] / \ a / \ \ k \ \ \ g \ ) § rd AGREEMENT By and Between FORKS CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel -Motel Funding, 2014 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 a non -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 consistent with the 2014 funds requested attached hereto and incorporated herein as Exhibit A. 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. 3. 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 Marketing 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, 2014. 3. 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 FCC. Page 1 of 7 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 attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY The COUNTY will provide the FCC funding from Hotel -Motel Tan receipts to be used in support of their responsibilities as defined under this agreement. Said funding is in the sum of $23,120. 2. FCC will receive a lump sum payment, payable upon execution of this agreement. SECTION 4: TERM This Agreement shall run to December 31, 2014, commencing upon execution of this contract, except that the reporting requirements of Section 2.3 above shall run to March 31, 2015. 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 a pro -rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated. SECTIONS: 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 Page 2 of 7 Forks Chamber of Commerce 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, 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. The FCC shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all FCC employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 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. 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 Page 3 of 7 Forks Chamber of Commerce 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 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: 12014. JEFFERSON COUNTY BOARD OF COMMISSIONERS Carolyn Avery John Austin, Chairman Date Deputy Clerk of the Board Approved as to Form: FORKS CHAMBER OF COMMERCE David Alvarez, Deputy Authorized cial Date Prosecuting Attorney Page 4 of 7 Forks Chamber of Commerce EXHIBIT A [Note: FCC shall reduce total Hotel -Motel Tax expenditures to $23,120 or less.] 2014 FUNDS REQUESTED Kalaloch lodge Visitor Center staffing May 2014 —Sept 2014 $ 19,275 Mailing, distributing and stocking the Rain Forest Adventure map 2,023 Reprinting and updating of Rain Forest 2,022 Country Adventure map. We get as many copies as we can after we do revisions (Usually minor revisions but every couple of years we redo to keep it fresh) Page 5 of 7 Forks Chamber of Commerce d 0 L +0+ L w N Q C 7 0 U C 0 d 7 } L R CD m M I_ E X �r W m C 0 1 � Y O J LL 0 mZ O Q m K i0 m C tm v 0 J C r V L 7 i x C) 0 ti O d, Q O N � O � O P. Q ^cY U �i N a O H U c O N N b�A m b O U U O O M U O N O •Y Y 0 W k O O .y cl OVA 0 0 a 0 O 0 0 W N to O A a O O 1 (V O ti i Q i O y C � v � O U O � o " a, O CY U O � Q y 5 y ti d d y •U U 4 .y o c° y � O" O O S ,N OC O � o y U Y � y � O n W O b v a b ' � w y O O O .O 2 O rs �a A F h •d T m O W .din w •o o � wzH H Ry � N m d O 0 N m 0 0 a 0 a p u. E O ,O W � ^ O w n W O b v a \ § _ \ \ / } Cd \ \ ( FA d 0 ( . � / 7A § td Q fa \ 2 � en \ / / � £ rl- 4. / ) .e \ . j } / ! \ 3 \ \ ƒ} o (e k & %\ ± 4! � ƒ 2 \\ \ \ c§ e e /D \ \ƒ \ \ % © / \\ 0 \ b / { \ 0. / 3 Cw \ §�/ \ * a 2 un ^ 2 } d 0 ( . � / 7A § td Q fa \ 2 � en \ / / � £ rl- 4. / AGREEMENT By and Between THE JEFFERSON COUNTY TOURISM COORDINATING COUNCIL And JEFFERSON COUNTY For Hotel -Motel Funding 2014 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 area of Jefferson County to promote tourism activities, consistent with the TCC Draft Budget for 2014 and Itemized List of Proposed Tourism Promotion Services, a copy of which are incorporated herein and attached hereto as Exhibit A. 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 for tourism promotion. 3. 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: I of 9 Tourism Coordinating Council SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY TCC 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 315 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 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: RESPONSIBILITY OF JEFFERSON COUNTY The COUNTY will provide the TCC 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 $85,800.00 for 2014. 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, 2014 and ending on December 31, 2014, except that the reporting requirements of Section 2.2 above shall run to March 31, 2015. 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. 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 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 2014. JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Avery Deputy Clerk of the Board Approved as to Form: 1)1'3 �)Lf David Alvarez, Dep Prosecuting Attorney John Austin, Chairman Date JEFFERSON COUNTY TOURISM COORDINATING COUNCIL Au ed Uthciar Date Page: 3 of 9 Tourism Coordinating Council EXHIBIT A TCC Draft Budget for 2014 & Itemized List of Proposed Tourism Promotion Services [Note: TCC shall reduce total Hotel -Motel Tax expenditures to $85,800 or less] TCC [haft Budget for 2014 '.Revised 9!30173 �W prHscbe owfwM etoloagng Atl. Mep ftePh ^I b3i10 S0 SSW 031ea .(CaroV Oppi M) 31900:.. b 31,500 Rep*,t Rm JelrCO /roliHy Mep E35W. b 33,500 :aa Mep w!. .. w: m w ftl rlw � R.,u u000._. b $3,M VAO HOat%6 N,e Reg. 3350' b 5250 Sgdel Mete Me1M�q b OW .. b _39 FMA ieu'SeppcM SW5 b:: �ryn!W�CNne $1000 .$3.000 b. E1 MerlaSiq � SUmmlt C tC b: SS WiP MdMMtl�p,&mmll Fes66 TraM _ b35.. E0: Vwr#routq CenSwpn i11,BW; 50... SN Tm , b b Error Ck for DM s0 _ $0 $0 Page: 4 of 9 Tourism Coordinating Council EXHIBIT A TCC Draft Budget for 2014 & Itemized List of Proposed Tourism Promotion Services [Note: TCC shall reduce total Hotel -Motel Tax expenditures to $85,800 or less] Lodging List Placement In Getaway Guide ... $1,500 Each year, the TCC prints the list of lodgings in Jefferson County in whichever publication is deemed the most advantageous and most distributed at the time. For the last several years, that publication has been the Leaders Getaway Guide. Changes to Lodging List for Act. Map Reprint .$500 While changes in the Lodging List are updated and accomplished on a regular basis, the galleys (camera -ready proofs) need to be updated before printing the Activity Map, as well, and an outside IT Tech must be hired to do that, Opportunities (ex: Coho Ad) ............... $1,500 Quite often, a marketing opportunity comes up for which TCC did not budget, and this category covers those opportunities. In 2013, one of those opportunities was an ad in the Black Ball Ferry's magazine that is available for free on the ferry, and in the waiting rooms both in Victorian, BC, and in Port Angeles. Distribution for each printing is 90,000 issues, printed in May of each year at the beginning of heavy visitor activity. The Coho ferry services 400,000 people annually - Reprint Jefferson County Activity Map ....... $3,500 This is for a reprint of the Jefferson County Activity Map that includes the most popular activities for visitors and includes the lodging list, restaurants, parks. and other important information for visitors to East Jefferson County. This map is particularly important for bicycle riders, hikers, divers, campers, fishermen, etc. and includes the lodging guide for Jefferson County. The Jefferson County Activity Map is now being used as a fulfillment item and is included in every request by prospective visitors for information about the Olympic Peninsula. Bike Map ...... .....:.......................$0 The Bike map was reprinted in 2013, and will not need to be reprinted in 2014. TCC will keep this category in place for reprinting in 2015. Waterfall Trail Brochure Reprint ............... $2,000 There are four counties cooperating in this regional project, which includes promoting 26+ waterfalls in four counties on the Olympic Peninsula. This brochure has been exceedingly successful, and another printing will be required in 2014. Articles in national magaanes have brought wide acclaim and attention for Jefferson County and the Olympic Peninsula, and the LTAC funds will continue the work on the brochures, on the related website, and on the regional and national branding efforts. The waterfall trail takes much more than one day to see all the waterfalls, which contributes to increasing the number of nights each tourist stays in lodgings here in Jefferson County. Web Hosting (visitthedragon.org, ...com ...net).. 5250 This website originally was the place to which all advertising and promotions were directed for information about Jefferson County and the Olympic Peninsula. Recently, that website was replaced by a cooperative website with all eleven partners in the Olympic Peninsula Tourism Commission, which includes Jefferson County. However, we have retained olympicpeninsula.com because of the "counters" that are programmed on it, and use those counters to collate information/website hits for our new website, olympicperdnsula.org. Advertising — Markeffna ... ............................... $35.450 Page: 5 of 9 Tourism Coordinating Council EXHIBIT A TCC Draft Budget for 2014 & Itemized List of Proposed Tourism Promotion Services [Note: TCC shall reduce total Hotel -Motel Tax expenditures to $85,800 or less] Spring/Fall Campaigns........... $13,000 There are two major campaigns the TCC nets. Jefferson County TCC partners with Clallam County and now with the Olympic Peninsula Tourism Commission, for better buying power on promotions and advertising, and to promote the entire Olympic Peninsula in one package. The consumer does not recognize county lines and therefore the TCC and the Olympic Peninsula Visitor's Center in Port Angeles combine finds to ensure that our promotions reach as large an audience as possible and to take advantage of economies of scale in print, radio, web and streaming advertising that the TCC would not be able to afford on its own. Social Media Marketing Support .... $6,000 These funds address changes, updates, and weekly additions to Visit the Dragon's website, blog, Facebook, Twitter, and Pinterest pages. These are all 2013 additions to TCC's marketing and promotional work and will be the platform for promotions and advertising in the "Year -Around Promotional Campaign." FAM Tour Support ................ S925 In order to increase the knowledge within the ranks of tour operators and travel writers, the TCC conducts "Familiarization Tours" (FAM Tours) in Jefferson County for travel writers, tour company professionals, and others who direct large numbers of tourists and visitors to our area. Because of the tours that TCC has helped to sponsor in the past, professional tour companies have designed tours on the Olympic Peninsula and tour operators are selling packages to visitors that include those tours, which include lodgings, food, etc, in Jefferson County and on the Olympic Peninsula. In addition, FAM Tours for travel writers have directly brought many thousands of dollars in magazine, web, and radio articles that TCC would not have been able to purchase directly. Olympic Culinary Loop ..............51,000 There are four counties cooperating on this trade association promoting the cuisine of the Olympic Peninsula, and thereby bringing in visitors who will need to stay in lodgings during the culinary tours of the Peninsula. This project includes support for the ongoing effort to bring visitors here by contributing to brochure printing expense, website changes and maintenance (all representing a regional and national branding effort) and tours that will increase lodging stays and therefore LTAC income. The Culinary Loop Adventure has been used as the core of several of TCC's Spring and Fall Campaign promotions. Marketing Summit Collaboration ........ $2,000 Each year, an extremely valuable regional Summit is put on by JeffCo TCC's partner group, OPTC, to educate lodgings and tourism business owners, members and partners in the tourism industry in how to better bring visitors to this area, which will help increase LTAC income. Jefferson County TCC is an active partner in this endeavor. WTA Membership, Summit Fees, Travel ... $925 Washington Tourism Alliance (WTA) is the new Member - supported, state -wide, marketing organization that has taken the place of the State- supported tourism organization that died when the Washington State Legislature stopped funding tourism. This is a very important support group for tourism. In 1993, Colorado eliminated its tourism marketing function when its $12 million promotion budget was cut to zero. As a result, Colorado's domestic market share plunged 30% within two years, representing a loss of over $1.4 billion in tourism revenue annually. Over time, the revenue loss increased to well over $2 billion yearly. It took seven years for the industry to convince legislators to reinstate funding with a modest $5 million budget. Can Jefferson County afford to loose 30 -50% of it's $116 million income from tourism? This category covers member fees, admission to the annual networking and educational summit for two TCC members, and travel. Year -Around Marketing Campaign ....... $11,600 For the first time, a magazine will be printed that focuses on the Olympic National Park and will be designed similar to the magazines that are printed for Yellowstone, Yosemite, Grand Canyon, etc. The company printing this magazine, National Park Trips, already has a reader base of three million active travelers with a median household income of $101,500, and out of whom 87% have traveled to a national park with 9 -12 months of visiting their websites. These travelers spent 15+ hotel nights on domestic vacations in the past year. National Parks Trips will supply in this campaign: Social media promotions; editorial space, ads in the Page: 6 of 9 Tourism Coordinating Council EXHIBIT A TCC Draft Budget for 2014 & Itemized List of Proposed Tourism Promotion Services [Note: TCC shall reduce total Hotel -Motel Tax expenditures to $85,800 or less] magazine, eWewsletter sponsorship, reader service leads, and much more. TCC Board Members feel this campaign will effectively brand this area without extra expense. Olympic Peninsula Tourism Commission ..................... $27,000 This is the portion of TCC funds that are contributed to the joint marketing efforts of the Olympic Peninsula Tourism Commission (OPTC), which handles overall marketing of the Olympic Peninsula, of which TCC is a major partner, with a much greater force. The funds from the OPTC are spent in a diversified manner including print, web, radio, trade shows, networking to promote tourism to the Olympic Peninsula. In 2009, OPTC was instrumental in producing a regional website, olympicpeninsula.org, in which all Chambers and Visitor's Centers on the Olympic Peninsula are able to manage their own pages/section / information and include information about their local areas that they feel is critical. All advertising and promotions done by OPTC point to that website, which contains information about Jefferson County lodgings, restaurants, events, things to do, everything visitors need to know to draw them to Jefferson County and contribute to a positive experience while visiting. In addition, OPTC is instrumental in procuring unpaid articles about the Olympic Peninsula in print, web, etc, that would cost an estimated $11.2 million annually. 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 (please see in exhibits). Professional Services .. $14.3 Coordination of Marketing, Budget, etc........ $12,000 A contracted staff person is paid $1,000 per month to do marketing coordination, processing of invoicestbilling, 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, and more. Travel, Postage, Copies Offices Expenses, Etc.... $2,000 Expenses: making copies for meetings and for record keeping, travel to/from meetings (mileage expense), postage, copies for meeting packets and billing, phone expense for conference calls, supplies, office needs, etc. Conference Calling ........................... $300 Conference Calling: TCC has permission to use a Conference Calling System owned by Olympic Peninsula Visitor Bureau (Diane Schostak) without a capital outlay, however, we must pay the charges for the time that we use it during the monthly TCC meetings, as well as during occasional unexpected meetings. Page: 7 of 9 Tourism Coordinating Council v � 0 \ � k 2 » k Q k k� k« 2� m2� 1I= §2& x�■ uj §� @) k2 i � ■ k k \ § k \ � \ ) ) \ \ / \ ( w ( * \ \ �\ t k \ \ 4\ � \ ) f / \ +( \\ ƒ� \\ \\ }� \/ \\ f ) j\ {\ \\ \ƒ \) (j \k \\ /\ 4 [ \» §2 _)( \ %\ e0= \ \ \ \ , § \) &) ƒ/ e ) u \ .q \ .\ / \ \\ )27 )) }) §\\{ §f /9 ƒ4\} 7\\ 3]# \ \\ ) _ _ *)) \ ) u \ .q \ .\ / \ .) 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