HomeMy WebLinkAbout031615_ca12Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: March 16, 2015
SUBJECT: AGREEMENT re: 2015 Hotel Motel Grant Funding; In the Amount of $1,500;
Quilcene Brinnon Dollars for Scholars
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 Brinnon Dollars for Scholars: $1,500
RECOMMENDATION:
Approve and sign the agreement.
REYIE BY:
rhi Orley, Co ty dm istrato Date:
AGREEMENT
By and Between
QUH,CENEBRINNON DOLLARS FOR SCHOLARS
And
JEFFERSON COUNTY
For Hotel -Motel Funding 2015
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the OUILCENE /BRINNON DOLLARS FOR SCHOLARS (hereinafter known as
'DOLLARS FOR SCHOLARS ").
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 QuilceneBrinnon Dollars for Scholars 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
DOLLARS FOR SCHOLARS shall use its capabilities and utilize up to $1,500 of funding provided
under this agreement to promote the Quilcene Oyster Half Marathon, restricted to any of the
eligible items in the Itemized List of Proposed Tourism Promotion Services, a copy of which is
incorporated herein as Exhibit A, as may be reduced on a prorated basis to match the actual funding
amount.
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY DOLLARS FOR
SCHOLARS
1. Provide documented proof of payments made, contracts executed, and other expenditures
using any funds authorized under this contract for eligible items listed in Exhibit A. 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.
2. Provide to the COUNTY a report of the use, services, programs and activities for the
Quilcene Oyster Half Marathon sponsored by the Quilcene Brinnon Dollars for Scholars.
The report is due on or before December 31.
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3. 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 the DOLLARS FOR
SCHOLARS (if applicable).
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS with $1,500 funding from Hotel -
Motel Tax receipts to be used in support of their responsibilities as defined under this agreement.
DOLLARS FOR SCHOLARS will receive a lump sum payment, payable upon execution of this
contract.
SECTION 4: TERM
This Agreement shall be for a temi 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.
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.
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.
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SECTION 8: HOLD HARMLESS
The DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS's
negligence or breach of any of its obligations under this Agreement; provided that nothing herein
shall require the DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS'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 DOLLARS FOR SCHOLARS's negligence, or the negligence of the DOLLARS
FOR SCHOLARS's agents or employees.
The DOLLARS FOR SCHOLARS specifically assumes potential liability for actions brought
against the COUNTY by the DOLLARS FOR SCHOLARS's employees, including all other
persons engaged in the performance of any work or service required of the DOLLARS FOR
SCHOLARS 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 DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all DOLLARS FOR
SCHOLARS employees, agents and volunteers eligible for such coverage under the Industrial
Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The DOLLARS FOR SCHOLARS and the COUNTY agree that the DOLLARS FOR
SCHOLARS 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 DOLLARS FOR SCHOLARS nor any
Page: 3 of 8 Quilcene /Brinnon Dollars for Scholars
employee of the DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS, or any employee of the DOLLARS
FOR SCHOLARS.
SECTION 11: COMPLIANCE WITH APPLICABLE LAWS
The DOLLARS FOR SCHOLARS 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
DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS 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 DOLLARS FOR SCHOLARS.
APPROVED and signed this day of
Attest:
Carolyn Avery
Deputy Clerk of the Board
Za p rod as to Form:
4)3115 ti�Q 0tizL1 Q U
David Alvarez, Deputy
Prosecuting Attorney
, 2015.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chairman Date
QUILCENEBRINNON
DOLL7S FOR SCHOLARS
/G�t.L''titct l
A thoriz d Official Date
Page: 4 of 8 QuilceneBrinnon Dollars for Scholars
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
[Note: Dollars for Scholars shall reduce total Hotel -Motel Tax expenditures to $1,500 or less]
Page: 5 of 8 QuilceneBrinnon Dollars for Scholars
2015
2W
Website
$ 1,200
$ 300
Facebook Site
500
0
Twitter Site
400
0
Instagram Site
500
0
Banner Ads (PTLeader)
400
0
Printed Brochures (sample included)
930
930
Sigumeup.com (advertising(distribution)
70
70
Email blasts and listings
700
700
Northwest Runner Magazine 1 -'/. page ads
300
1,600
Silver Strider Magazine 1 —A page ads
200
900
$5,200
SUM
Page: 5 of 8 QuilceneBrinnon Dollars for Scholars
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: $
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 28'1 of each year reportine
Page 6 of 8 Quilcene /Brinnon Dollars for Scholars
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):
Direct Count*
Informal Survey*
eIndirect Count*
Structured Estimate*
Total # of Attendees Who Traveled 50 Miles or More *:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
eIndirect Count*
Structured Estimate*
RRepresentative Survey*
Other:
RRepresentative Survey*
Other:
Of that Total, # of Attendees Who Traveled From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
HDirect Count* Indirect Count* Representative Survey*
Informal Survey* e Structured Estimate* Other:
Attendees Who Stayed Over Night — Paid Accommodations*
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
eDirect
Informal Survey*
e Structured Estimate*
Other:
Attendees Who Stayed Over Night —
Un -Paid Accommodations *:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
eDirect
Informal Survey*
Structured Estimate*
Other:
Paid Lodging Nights *:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
eDirect
Informal Survey*
e Structured Estimate*
Other:
*See LTAC Yearly Reporting Definitions /Instructions below
Page 7 of 8 Quilcene /Brinnon Dollars for Scholars
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 8 Quileene/Brinnon Dollars for Scholars