HomeMy WebLinkAbout030915_ca09Consent 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 9, 2015
SUBJECT: AGREEMENTS (3) re: 2015 Hotel Motel Grant Funding; 1) In the Amount of
$8,500; Quilcene Historical Museum; 2) In the Amount of $15,000; Jefferson
County Chamber of Commerce; and 3) In the Amount of $23,247; Forks
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:
Quilcene Historical Museum:
Jefferson County Chamber of Commerce:
Forks Chamber of Commerce:
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
Morley, ounty Administ -
`31�/
Date:
$8,500
$15,000
$23,247
AGREEMENT
By and Between
THE QUILCENE HISTORICAL MUSEUM
And
JEFFERSON COUNTY
For Hotel -Motel Funding 2015
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the OUILCENE 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 and utilize the funding provided under this agreement to
continue and update the ongoing performance of the following tourism promotion services and the
Itemized List of Proposed Tourism Promotion Services a copy of which is incorporated herein and
attached hereto as Exhibit A, as may be reduced to match the actual funding under this agreement:
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 9 Quilcene Historical Museum
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 QUILCENE HISTORICAL MUSEUM
1. Provide to the COUNTY semi - annual reports of the use, services, programs, activities,
revenue collected and money distributed of the Quilcene Historical Museum. The reports
are due on or before January 31 (for the prior year half year) and July 31.
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, 2015. Maintain
the above records and back -up documentation for bills paid for a minimum of six (6) years.
3. By February 28h 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 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 $8,500 for 2015. Two semi - annual payments of $4,250 may
be made by the COUNTY in the first and third quarters of the year. Payments are to be
predicated on reports defined in Section 2.
Page: 2 of 9 Quilcene Historical Museum
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2015 and ending on
December 31, 2015, except that the reporting requirements of Section 2 above shall run to February
28, 2016.
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 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 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 9 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 9 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:
Carolyn Avery
Deputy Clerk of the Board
Approved as to Form:
X. L
61
David Alvarez, Deputy
Prosecuting Attorney
2015.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chairman Date
QUILCENE HISTORICAL MUSEUM
Authori d Official Date
Page: 5 of 9 Quilcene Historical Museum
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
[Note: Museum shall increase total Hotel -Motel Tax expenditures to $8,500 or less.]
Our promotions reach out to other countries, states, counties and cities through our
new Museum, Worthington Park and Linger Longer Stage weh- sites, flyers .
advertisements, newsletters, personal event invitations, brochures, news articles listines
in tourist and museum ¢aides, posters, banners and ticket sales.
We include Jefferson County lodging & dining information in our promotions and
we continue to cross - promote tourism events & activities with our regional partners.
Museum Visitor Promotions (desmdbe purpose, products) ... ... --- ..... 111 ...... 1. - 1111........ ... $ 2450.00
flyers - 300 media 100 banners 20O
evert ads 1250 signage 400 posters 200
Museum Ytsitor kdormational (dewnue events, aciviies) .............. ............................... $1760.00
newsletter (s) 660 exhibits 325
bm hums 250 ervitations 325
Co-ooerative Partnerships ...1..1...11......... $ 800.00
a FAM tar, Culinary Loop, 101 Wewery, CWO, Out Fair& Alumni
Museum websites & Social Media upgre to --.1-1.1-1-1 ....... - ....... _... $ 2100.00
dsaves, mannr�arce, enharwnent with inks b Jeflsrsa Canty bulging, dim" and events
Special Events. Promotions, Marketing I ..... ... ... 1........ 1 ...................11 $1800.00
Professional Services ... ... .... I ........ .... ... .... _.... $2250.00
Oral ftWIprcgecl 300
Je6ers011 CO" hiAn l nibm pubicabons 350
Acmesudng Software I input 1600
Travel, postage, copies, office ....... .... ..... ..... I .... I-- ....... ...... $13D0.00
TOTAL LTAC request for Museum tourism oromotion ! facility services = $12.480
Page: 6 of 9 Quilcene Historical Museum
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: S
Year:
2. Amount used by your organization or non - profit organizations exempt from taxation under IRS 501 (c)(3) or 501 (c)(6)
codes: S
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,jurisdicaon are required to complete the attached form for EACH
activity.
Name of individual who prepared report:
Phone #: E -mail
RETURN THIS FORM TO:
Jefferson County Administrator's Office
P.O. Box 1220
Port Townsend, WA 98368
No later than February 28" of each year reporting
Page 7 of 9 Quilcene Historical Museum
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* =Facility* O Marketing*
Activity Start Date *: Activity End Date*
Amount Requested: $ Amount Awarded: $ Total Cost of Activity: S
Overall Attendance *:
Projected*
Actual*
Methodology* (Check One):
eDirect Count* Indirect Count* Representative Survey*
Informal Survey* e Structured Estimate* Other:
Total # of Attendees Who Traveled 50 Miles or More *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
77Structured
Indirect Count*
Estimate*
Representative Survey*
Other:
Of that Total, # of Attendees Who Traveled
From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
BDirect
Informal Survey*
Structured Estimate*
Other:
Attendees Who Stayed Over Night —
Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
Indirect Count*
Structured Estimate*
Representative Survey*
Other:
Attendees Who Stayed Over Night —
Un -Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
Indirect Count*
Structured Estimate*
Representative Survey*
Other:
Paid Lodging Nights *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
Indirect Count*
Structured Estimate*
Representative Survey*
Other:
*See LTAC Yearly Reporting Definitions /Instructions below
Page 8 of 9 Quilcene Historical Museum
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 visitors /participants.
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 Quilcene Historical Museum
AGREEMENT
By and Between
JEFFERSON COUNTY CHAMBER OF
And
JEFFERSON COUNTY
For Hotel -Motel Funding, 2015
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 and utilize the funding provided under this agreement to perform the
following specific services to benefit tourism in the greater Port Hadlock/Tri -Area region and Port
Ludlow region as described herein and in the Proposed 2015 Promotion Facility Event and Activity
Budget as amended, a copy of which is incorporated herein and attached hereto as Exhibit A as may be
reduced to match the actual funding under this agreement:
1. Assist in marketing outside Jefferson County of County events including Festival by the Bay; and
other tourism promotion activities.
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
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.
Provide to the COUNTY semi - annual reports of the use, services, programs, activities, revenue
collected and money distributed of the JCCC. The reports are due on or before July 31 and February
28 of the following year.
By February 281 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;
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); 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 $15,000.
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, 2015 and ending on December
31. 2015, 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.
Page 2 of 8 Jefferson County Chamber Agreement - 2015
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 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.
Page 3 of 8 Jefferson County Chamber Agreement - 2015
SECTION 10: INDEPENDENT CONTRACTOR
The JCCC and the COUNTY agree that the JCCC are an independent contractor with respect to the
services provided pursuant to this agreement. Nothing in this agreement shall be considered to create
the relationship of employer and employee between the parties hereto. Neither the JCCC nor any
employee of the JCCC shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The COUNTY shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the JCCC, or any
employee of the JCCC.
SECTION II: 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
Attest:
Carolyn Avery,
Deputy Clerk of the Board
2015.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chairman
Date
�Approved as ap Form:: } } JEFFERSON COU�iTY CHAMBER OF
Jl'Cl i �Llj/' 1 �'3/ iL COMME17tCE r/
Y+rn ��.._ J.7�r °iS
David Alvarez, Depa Aythorized�fhcial Date
Prosecuting Attorney
Page 4 of 9 Jefferson County Chamber Agreement - 2015
rl
Proposed 2015 Promotion, Facility, Event & Activity Budget
[Note: JCCC shall decrease total lodging tax expenditures to $15,000]
PROPOSED 2015 PROMOTION, EVENTS & ACTIVITY BUDGET
Specific media buys include:
• $3,700 — Port Townsend Leader Getaway Tourist Guide. Distributed on Bainbridge,
Kingston, Clinton and Port Townsend ferries and to major visitor centers from Port
Townsend to Tacoma and Blaine to Seattle. Distributed from spring 2014 to spring
2015.
• $1,800 — Peninsula Daily News Visitor's Guide, Targets Clallam County from Spring
2014 to Winter 2015.
• $2,000 — Selected web advertising.
• $2,000 — Kitsap Business Journal. Two select issues that highlight Golf &
Recreation and Hospitality & Meeting Facilities. The ads will also be seen on
their "turning pages" online.
Individual event advertising:
• $2,400 — Festival by the Bay. Print, radio (KSER) and web advertising focusing on
Kitsap, Snohomish, King and Island Counties.
We also ask for funds to contract for the following services:
$1,200 -Visitor website maintenance and expansion:
www.visi�etfersonco�nt wa -con]
$4,600— For year round distribution of the Jefferson County Chamber Map on
Port Townsend, Kingston and Bainbridge Island ferries.
Page 5 of 8 Jefferson County Chamber Agreement - 2015
Exhibit B
Jurisdiction Lodging Tax Reporting Form - To Be Submitted to Jefferson County
Administrator's Office
No Later than February 28th of each Year
PART A
All organizations are required to fill out this form:
1. Organization:
Total Lodging Tax Revenue Received: $
Year:
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
RETURN THIS FORM TO:
Jefferson County Administrator's Office
P.O. Box 1220
Port Townsend, WA 98368
No later than February 28'11 of each vear reportine
Page 6 of 8 Jefferson County Chamber Agreement - 2015
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* =Facility* Marketing*
Activity Start Date *: Activity End Date*
Amount Requested: $ Amount Awarded: $ Total Cost of Activity: $
Overall Attendance *:
Projected*
Actual*
Methodology* (Check One)'.
BDirect Count* indirect Count* Representative Survey*
Informal Survey* =Structured Estimate* Other:
Total # of Attendees Who Traveled 50 Miles or More *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
informal Survey*
Indirect Count*
Structured Estimate*
Representative Survey*
Other:
Of that Total, # of Attendees Who Traveled
From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
RDirect
Informal Survey*
e Structured Estimate*
Other:
Attendees Who Stayed Over Night — Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
eDirect Count*
Informal Survey*
Indirect Count*
e Structured Estimate*
Representative Survey*
Other:
Attendees Who Stayed Over Night— Un
-Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
BDirect
Informal Survey*
Structured Estimate*
Other:
Paid Lodging Nights *:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
eDirect
Informal Survey*
Structured Estimate*
Other:
*See LTAC Yearly Reporting DefmitionsJustructions below
Page 7 of 8 Jefferson County Chamber Agreement - 2015
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 visitors /participants.
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 8 of 9 Jefferson County Chamber Agreement - 2015
AGREEMENT
By and Between
FORKS 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 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 and utilize the funding provided under this agreement to continue
and update the ongoing performance of the following tourism promotion services as outlined below
and in the Itemized List of Proposed Tourism Promotion Services incorporated herein and attached
hereto as Exhibit A, as may be reduced to match the actual funding under this agreement.
Negotiate a visitor information service with Olympic National Park for seasonal personnel
coverage at the Kalaloch Visitor Center.
2. As funds allow update, print and distribute a West End tourism map.
Be the focal point for support of the West End participation in tourism promotional
activities included but not limited to: web page update and web site hosting; distribution of
tourism information and materials through the Kalaloch Visitor Center and the Forks
Visitor Information Center; Joint Marketing and other tourism promotion activities.
SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE
1. Provide to the COUNTY semi - annual reports of the use, services, programs, activities,
revenue collected and money distributed of the FCC, The reports are due on or before July
31 and February 28 of the following year.
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, 2015. Maintain
the above records and back -up documentation for bills paid for a minimum of six (6) years.
Page I of 8 Forks Chamber of Commerce
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 FCC.
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.
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 COUNTY
The COUNTY will provide the FCC funding from Hotel -Motel Tax receipts to be used in
support of their responsibilities as defined under this agreement. Said funding is in the sum
of $23,247.
2. FCC will receive a lump sum payment, payable upon execution of this agreement.
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.
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.
Page 2 of 8 Forks Chamber of Commerce
SECTION 8: HOLD HARMLESS
The FCC shall indemnify and hold the COUNTY, and its officers, employees, and agents
harmless from and shall process and defend at its own expense, including all costs, attorney fees
and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in
part, directly or indirectly, from the FCC's negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require the FCC to indemnify the COUNTY
against and hold harmless the COUNTY from claims, demands or suits based solely upon the
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.
Page 3 of 8 Forks Chamber of Commerce
SECTION 11: AGREEMENT TO COMPLY WITH APPLICABLE LAWS
FCC shall comply with all Federal, State, and local laws and ordinances applicable to the work to
be done under this Agreement. This Agreement shall be interpreted and construed in accord with
the laws of the State of Washington and venue shall be in Jefferson County, WA.
SECTION 12: DISCRIMINATION PROHIBITED
FCC with regard to the services to be completed under this agreement, will not discriminate on
the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a person with a
disability, unless based upon a bona fide occupational qualification in the selection and retention
of employees, materials, supplies, contractors or subcontractors.
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:
Carolyn Avery
Deputy Clerk of the Board
Approved as to Form:
f (
7- ]13iIS
David Alvarez, Deput
Prosecuting Attorney
12015.
JEFFERSON COUNTY
BOARD OF COMMISS
David Sullivan, Chairman
Date
FORKS CHAMBER OF COMMERCE
uthonzed fficial Date
Page 4 of 8 Forks Chamber of Commerce
EXHIBIT A
[Note: FCC shall increase total Hotel -Motel Tax expenditures to $23,247 or less.]
Page 5 of 8 Forks Chamber of Commerce
Exhibit B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson
County Administrator's Office
No Later than February 281 of each Year
PART A
All organizations are required to fill out this form:
Organization: Year:
Total Lodging Tax Revenue Received:
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
RETURN THIS FORM TO:
Jefferson County Administrator's Office
P.O. Box 1220
Port Townsend, WA 98368
No later than February 28' of each year reporting
Page 6 of 8 Forks Chamber of Commerce
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):
= Evem/Festival* =Facility* Marketing*
Activity Start Date *: Activity End Date*
Amount Requested: $ Amount Awarded: $ Total Cost of Activity: $
Overall Attendance *:
Projected*
Actual*
Methodology* (Check One):
BDirect Count* e Indirect Count* e Representative Survey*
Informal Survey* Structured Estimate* Other:
Total # of Attendees Who Traveled 50 Miles or More *:
Projected*
Actual*
Methodology* (Check One).
Direct Count*
Indirect Count*
Count*
Representative Survey*
Informal Survey*
Structured Estimate*
Other:
Of that Total, # of Attendees Who Traveled From Another State or Country *:
e Structured Estimate*
Projected*
Other:
Paid Lodging Nights *:
Actual*
Projected*
Methodology* (Check One):
Actual*
Count*
Indirect Count*
Representative Survey*
Direct Count*
eDirect
Informal Survey*
e
Structured Estimate*
Representative Survey*
Other:
Attendees Who Stayed Over Night— Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
eDirect Count* indirect Count* Representative Survey*
Informal Survey* r7Structured Estimate* Other:
Attendees Who Stayed Over Night — Un -Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
BDirect
Informal Survey*
e Structured Estimate*
Other:
Paid Lodging Nights *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Indirect Count*
Representative Survey*
Informal Survey*
M
Structured Estimate*
Other:
*See LTAC Yearly Reporting Definitions/Instructions below
Page 7 of 8 Forks Chamber of Commerce
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 visitors /participants.
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 accoramodations 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 8 of 9 Forks Chamber of Commerce