HomeMy WebLinkAbout030314_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: March 3, 2014
SUBJECT: AGREEMENT re: 2014 Hotel Motel Grant Funding; In the Amount of
$12,200; Jefferson County Chamber of Commerce
STATEMENT OF ISSUE:
This agreement provides 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 Chamber of Commerce:
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
ao*rley(untydmi`ni for
S12,200
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Date:
AGREEMENT
By and Between
JEFFERSON COUNTY 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 JEFFERSON COUNTY CHAMBER OF COMMERCE (hereinafter known as
"JCCC").
WHEREAS, the JCCC is a non -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 events including Festival by the Bay, 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 Festival by the Bay; and
other tourism promotion activities consistent with the Proposed 2014 Promotion Facility Event and
Activity Budget as amended, a copy of which is incorporated herein and attached hereto as Exhibit
A, with adjustments to be made by the JCCC to reduce total 2014 expenditures to $12,200.
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 Board 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
COMMERCE
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, 2014.
2. By March 319 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 COUNTY 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 $12,200.
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, 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 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.
Page 2 of 7 Jefferson County Chamber Agreement - 2014
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 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.
The JCCC shall maintain Workers' Compensation coverage as required under the Washington State
Industrial Insurance Act, RCW Title 51, for all JCCC employees, agents and volunteers eligible for
such coverage under the Industrial Insurance Act.
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
Page 3 of 7 Jefferson County Chamber Agreement - 2014
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 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 2014.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Avery,
Deputy Clerk of the Board
Approved as to Form:
t td- �/L'ZL�1J�a
David Alvarez, Deputy
Prosecuting Attorney
John Austin, Chairman
JEFFERSON COUNTY CHAMBER OF
Date
COMMENCE /
Autho zed Official Date
Page 4 of 7 Jefferson County Chamber Agreement - 2014
EXHIBIT A
Proposed 2014 Promotion, Facility, Event & Activity Budget
[Note: JCCC shall reduce total expenditures to $12,2001
PROPOSED 2014 PROMOTION, FACILITY, EVENT & ACTIVITY BUDGET
Specific media buys Include:
• $3,000 - Port Townsend Leader Getaway Tourist Guide. Distributed on Bainbridge,
Kingston, Clinton and Port Townsend fames and to major visitor center: 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.
• $2,000 - Selected web advertising.
- $2,000 - 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:
• $2,000 - Festival by the Bay - Print , radio and web advertising focusing on Kitsap
Countv.
We also ask for funds to contract for the following services;
$2,500 -- Chimacum kiosk lighting
$1,200 -- Visitor website maintence and expansion
Page 5 of 7 Jefferson County Chamber Agreement - 2014
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