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HomeMy WebLinkAbout030215_ca06Consent 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 2, 2015 SUBJECT: AGREEMENT re: 2015 Hotel Motel Grant Funding; In the Amount of $56,164; North Hood Canal Chamber of Commerce STATEMENT OF ISSUE: This agreement provides grant funding for 2015 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: North Hood Canal Chamber of Commerce: RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: orley, Co Date: $56,164 AGREEMENT By and Between NORTH HOOD CANAL CHAMBER OF COMMERCE And JEFFERSON COUNTY For Hotel -Motel Funding 2015 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 and utilize the funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services consistent with the Itemized List of Proposed Tourism Promotion Services, as maybe reduced on a prorated basis to match the actual funding amount as compared to the NHCCC' S funding request in its application a copy of which is incorporated herein and attached hereto as Exhibit A, plus other tourism promotion services as outlined below: 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 COMMERCE Provide to the COUNTY quarterly reports of the use, services, programs and activities of the NHCCC. Reports are due on or before January 31 (for prior year quarter); April 30; July 31; October 31. 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, 2015. Maintain the above records and back- up documentation for bills paid for a minimum of six (6) 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 February 28 ' 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. c. Estimated number of tourists served at each festival, event or tourism facility. ("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 COUN'T'Y 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 $56,164. Two semi - annual payments of $28,082 shall be made in the fast and third quarters. Payments are to be predicated on receipt of reports defined in Section 2. SECTION 4: TERM This Agreement shall run to December 31, 2015, commencing upon execution of this contract, except that the reporting requirements of Section 2 above shall run to February 28, 2016. 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: 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 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 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. North Hood Canal Chamber of Commerce & Visitor Center Page: 3 of 9 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 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 pproved as o Form: �l 1. Z 13119 David Alvarez, Dep / Prosecuting Attorney , 2015. JEFFERSON COUNTY BOARD OF COMMISS; David Sullivan, Chairman NORTH HOOD CANAL CHAMBER OF COMMERCE & VISITOR CENTER Date Authorized Official Date tJj � 7 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 increase total Hotel -Motel Tax expenditures to $56,164 or less] FACILITIES - Visitor Centers operation in Hood Canal region of South Jefferson Co. U.S. Forest Service Ranger Station - Quilcene. Wa. Contract partner with U.S. Forest Service in Quilcene. Forest Service financial partnership includes annual facility value based on $17,950.00. Chamber provides year -round lab or promotional materials and supports the Ranger Station with permit and promotional sales. Brinnon Community Visitor Center - Brinnon Wa. An Inter -local agreement between Olycap and Chamber of Commerce provides for the operation of the Brinnon Visitor Center to support the Dosewallips State Park, US Forest Service Seal Rock Campground and the Highway 101 travelers. Staff provides information and materials to visitors traveling along US Highway 101 around the Olympic Peninsula. SUPPORT SERVICES FOR PARKS: - Dosewallips State Park - Support services with visitor information promotional materials and local regulations. REGIONAL MARKETING PARTNERSHIPS: - Olympic Peninsula Tourism Commission marketing partner on all regional tourist opportunities and services. Visitor Centers are the providers of local and regional information. This partnership includes the peninsula four - county area. Jefferson County Tourism Coordinating Council serves as our County marketing consortium. The joint marketing efforts represent the unincorporated areas of Jefferson County. This body participates in the joint marketing work with our Chamber and the Olympic Peninsula Tourism Commission. This partnership maximizes the reach and the financial capacity for regional and national advertising exposure. EVENTS: Local: Provide tourist information and joint marketing including social media. Hood Canal ShrimpFeaft - Brinnon, WA Quilcene Fair and Parade Qui!cene Half Marathon and 10K runs Cmicere Worthington Park music events Regional: Provide our partners with joint marketing exposure for events, festivals, tourist activities in the larger Regional and State target markets. Continuous feeds in social media populates the exposure to the local venues, festivals, activities and events. Fishing, shellfsh harvesting, crabbing, hunting, hiking, photography, and birding are just a sample of activities that bring the regional visitor for more than a day trip and often more than a weekend to experience the area. The more travelers do, the longer they may stay and the more the local economy benefits. We have seen a steady increase in European and Asian travelers each year. 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 increase total Hotel -Motel Tax expenditures to $56,164 or less] Ordinary Income/ Expense $ 3,050.00 income Local government grants Payroll May -Aug JAC Visitor Center Grant $54.160.00 Total Local government grants $ 54,164.00 Interest - checking/savings 15.00 Sales - Federal Gov't Items $10,000.00 Payroll taxes Cost of Inventory - 9.500.00 Salaries and Related Expenses Gross sales Income Outside Services 500.00 Total Income Accounting Fees $54,679.00 Ex_ penes Independent Comr. Fees 6,70000 Grants to Other Organizations Travel and Conf. fees 2,650.00 Dollars for Scholars $750.00 800.00 Quilcene Fair Sponsorship 750.00 ShrimpFest Sponsorship 750.00 Other organizations 800.00 Total Expenses $54,679.00 North Hood Canal Chamber of Commerce & Visitor Center Page: 6 of 9 $ 3,050.00 Salaries & Related Expenses -VIC's Payroll lan -Apr $10,106.65 Payroll May -Aug 11,997.44 Payroll Sep -Dec 8,918.24 Payroll Reserve 1276.40 Salaries and wages $32,298.73 Payroll taxes 3100.27 Salaries and Related Expenses $ 35,399.00 Outside Services Accounting Fees $ 400.00 Independent Comr. Fees 6,70000 Travel and Conf. fees 2,650.00 Promotional Partnerships 800.00 Outside5ervices $10,550.00 Operating Expenses Office Exp,Bank disc fees $ 400.00 Information Technology 650.00 Insurance 2,150.00 Supplies 350.00 Telephonejmternet 1,200.00 Postage,shipping , copyring 535.00 Taxes, Licenses 30.00 Facility &Equipment exp 365.00 5680. D Total Expenses $54,679.00 North Hood Canal Chamber of Commerce & Visitor Center Page: 6 of 9 Exhibit B Jurisdiction Lodging Tax Reporting Form - To Be Submitted to Jefferson County Administrator's Office No Later than February 28t' of each Year PART A All organizations are required to fill out this form: Organization: Total Lodging Tax Revenue Received: $ Year: 2. Amount used by your organization or non -profit organizations exempt from taxation under IRS 501 (c)(3) or 501 (c)(6) codes: $ PART B Organizations receiving funding to promote festivals, special events and tourism - related activities through tourism - related facilities owned or sponsored by non-profit organizations or the local jurisdiction are required to complete the attached form for EACH activity. Name of individual who prepared report: Phone #: E -mail address: RETURN THIS FORM TO: Jefferson County Administrator's Office P.O. Box 1220 Port Townsend, WA 98368 No later than February 28th of each year renortinQ Page 7 of 9 North Hood Canal Chamber of Commerce & Visitor Center PART B Organizations receiving funding to promote festivals, special events and tourism- related activities through tourism - related facilities owned or sponsored by non-profit organizations or the local jurisdiction are required to complete this form for EACH activity. Activity Name: Activity Type (Check One): = Event/Festival* Q Facility* O Marketing* Activity Start Date *: Activity End Date* Amount Requested: $ Amount Awarded: $ Total Cost of Activity: Overall Attendance* Projected* Actual* Methodology* (Check One): eDirect Count* Indirect Count* Representative Survey* Informal Survey* F7 Structured Estimate* Other: Total # of Attendees Who Traveled 50 Miles or More *: Projected* Actual* Methodology* (Check One): RDirect Count* Indirect Count* Representative Survey* Informal Survey* Structured Estimate* Other: Of that Total, # of Attendees Who Traveled From Another State or Country *: Projected* Actual* Methodology* (Check One): RDirect Count* Indirect Count* Representative Survey* Informal Survey* M Structured Estimate* Other: Attendees Who Stayed Over Night — Paid Accommodations *: Projected* Actual* Methodology* (Check One): Direct Count* Informal Survey* Indirect Count* Structured Estimate* Attendees Who Stayed Over Night — Un -Paid Accommodations *: Projected* Actual* Methodology* (Check One): Direct Count* Informal Survey* Paid Lodging Nights *: Projected* Actual* Methodology* (Check One): Direct Count* Informal Survey* BIndirect Count* Structured Estimate* RRepresentative Survey* Other: eRepresentative Survey* Other: eIndirect Count* e Representative Survey* Structured Estimate* Other: *See LTAC Yearly Reporting Definitions /Instructions below Page 8 of 9 North Hood Canal Chamber of Commerce & Visitor Center LTAC Yearly Reporting Definitions /Instructions Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon) Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention center) Marketing: Activity that provides information to encourage visitors to an area; is typically a year -round activity but may also operate for less than a full year. Activity Date: Activity beginning and ending dates Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter the number of persons estimated to have actually visited area as result of marketing activity. Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of persons expected to visit area as result of marketing activity. Methodology: Select the methodology used to estimate the actual number of visitorslparticipants. Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/ participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non - random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). Other: (please describe) Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity. Total Attendees Traveling 50 miles or more: Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For marketing organizations, report visitors traveling more than 50 miles to visit area. Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of visitors who traveled from another state or country. Attendees who stayed overnight: Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such as hotels, motels, bed and breakfasts, etc. Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such as family and friends. Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more Persons occupying one room for one night. Page 9 of 9 North Hood Canal Chamber of Commerce & Visitor Center