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Commissioners
gendaCommissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: February 8, 2016
SUBJECT: AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of
$58,447; Jefferson County Historical Society
STATEMENT OF ISSUE:
This agreement provides grant funding for 2016 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) Fund.
FISCAL IMPACT:
Jefferson County Historical Society: $58,447
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
Philip Morley, C un Adminis r Date:
AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY HISTORICAL SOCIETY
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the JEFFERSON COUNTY HISTORICAL SOCIETY (hereinafter known as
"HISTORICAL SOCIETY").
. WHEREAS, the HISTORICAL SOCIETY is a non-profit corporation of the State
of Washington; and
WHEREAS, the COUNTY desires to promote tourism by documenting, preserving
and displaying County heritage for the benefit of its residents and to encourage tourist interest in
Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed
by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The HISTORICAL SOCIETY shall use the Hotel -Motel Tax funding under this agreement to fund
staff salaries to continue and update the ongoing performance of the following specific services:
Operation of the following tourism facilities in Jefferson County:
• Jefferson Museum of Art & History
• Rothschild House Museum
• Commanding Officer's Quarters Museum
• Historical Research Center
2. Operation of the County Museum and care of the collection for its long-term maintenance.
3. Outreach to County residents through educational programs and Museum exhibits regarding
cultural and natural heritage.
4. Promotion of heritage awareness through countywide recognition programs and the
establishment of new and traveling exhibits and publications.
5. Continued documentation of County heritage through collecting, oral history, research and
other means.
6. Advocacy of heritage preservation through all available means including the enhancement
of heritage based tourism for the economic development of the County.
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7. Assistance as requested to the Quilcene Historical Museum in development of its Museum,
in implementation of basic museum practices and procedures and in promotion of the
Museum as a local, public cultural and education organization.
8. Tourism promotion services provided by JCHS Staff and volunteers at each facility as
follows:
• Verbal information, displays and brochures;
• Telephone communications during normal office hours (9:00 a.m. — 5:00 p.m.) year
round;
• Website access to tourism information
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY HISTORICAL
SOCIETY
On or before January 31; April 30; July 31; October 31, 2016; and January 31, 2017,
provide to the COUNTY:
• A quarterly report of the use, services, programs and activities of the HISTORICAL
SOCIETY under this Agreement for the prior quarter;
• A quarterly financial statement detailing revenues, expenses and cash balances for the
prior quarter; and for the final quarter report, the financial statement shall also include a
detailed financial statement for all 2016.
2. On or before January 31; April 30; July 31; and October 31, 2016, provide to the
COUNTY:
• A billing statement requesting payment of Hotel -Motel Funding for the current quarter.
3. For a minimum of six (6) years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County. Any monies under -expended of the total funding allocated
under this Agreement shall be refunded to Jefferson County by January 31, 2017.
5. By February 281h of each year provide the following information on Exhibit A, attached
hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by HISTORICAL
SOCIETY.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the HISTORICAL SOCIETY on each festival, event or tourism
facility.
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).
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d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
The COUNTY will provide the HISTORICAL SOCIETY funding from Hotel -Motel Tax
receipts to be used in support of their responsibilities as defined under this agreement.
2. Said funding is in the sum of $58,447 for 2016. Quarterly payments of $14,611.75 will be
made, beginning with the first quarter of 2016. Payments are to be predicated on submittal
of reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an
invoice on the next available billing cycle.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2016 and ending on
December 31, 2016, except for the reports referenced in Section 2, due January 31, 2017 and
February 28, 2017.
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 by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written
notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in
any way, or for non-performance of duties under this Agreement, or for any reason. The
HISTORICAL SOCIETY may terminate this Agreement upon thirty (30) days written notice to the
COUNTY. In the event of termination under this clause, the County shall be liable to pay only for
services rendered prior to the effective date of termination. If termination covers a period for which
payment has already been made, HISTORICAL SOCIETY shall refund to the COUNTY a pro-
rated share of the payment based upon the balance of time remaining in the paid period, unless
otherwise negotiated.
SECTION 8: HOLD HARMLESS
The HISTORICAL SOCIETY shall indemnify and hold the COUNTY, and its officers,
employees, and agents harmless from and shall process and defend at its own expense, including
Page: 3 of 8 Jefferson County Historical Society
all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity
arising in whole or in part, directly or indirectly, from the HISTORICAL SOCIETY's negligence
or breach of any of its obligations under this Agreement; provided that nothing herein shall
require the HISTORICAL SOCIETY to indemnify the COUNTY against and hold harmless the
COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its
officers, employees and agents, and; provided further that if the claims or suits are caused by or
result from the concurrent negligence of. (a) the HISTORICAL SOCIETY's agents or employees;
and, (b) the COUNTY, its officers, employees and agents, this indemnity provision with respect
to claims or suits based upon such negligence, and/or the costs to the COUNTY of defending
such claims and suits, etc., shall be valid and enforceable only to the extent of the HISTORICAL
SOCIETY's negligence, or the negligence of the HISTORICAL SOCIETY's agents or employees.
The HISTORICAL SOCIETY specifically assumes potential liability for actions brought against
the COUNTY by the HISTORICAL SOCIETY's employees, or any other persons engaged in the
performance of any work or service required of the HISTORICAL SOCIETY under this
Agreement and, solely for the purpose of this indemnification and defense, the Contractor
specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The
HISTORICAL SOCIETY recognizes that this waiver was specifically entered into pursuant to
provisions of RCW 4.24.115 and was subject of mutual negotiation.
SECTION 9: INSURANCE
The HISTORICAL SOCIETY shall obtain and keep in force during the term of the Agreement, or
as otherwise required, the following insurance with companies or through sources approved by the
State Insurance Commissioner pursuant to RCW 48.
The HISTORICAL SOCIETY shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all HISTORICAL
SOCIETY employees, agents and volunteers eligible for such coverage under the Industrial
Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The HISTORICAL SOCIETY and the COUNTY agree that the HISTORICAL SOCIETY is an
independent contractor with respect to the services provided pursuant to this agreement. Nothing
in this agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the HISTORICAL SOCIETY nor any employee of the
HISTORICAL SOCIETY shall be entitled to any benefits accorded County employees by virtue
of the services provided under this agreement. The COUNTY shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for contributing to
the state industrial insurance program, otherwise assuming the duties of an employer with respect
to the HISTORICAL SOCIETY, or any employee, representative, agent or contractor of the
HISTORICAL SOCIETY. The HISTORICAL SOCIETY shall be responsible for all applicable
withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations,
and all other obligations of an independent organization.
Page: 4 of 8 Jefferson County Historical Society
SECTION 11: COMPLIANCE WITH LAWS
The HISTORICAL SOCIETY shall comply with all Federal, State, and local laws and ordinances
applicable to the work to be done under this Agreement. This Agreement shall be interpreted and
construed in accord with the laws of the State of Washington and venue shall be in Jefferson
County, Washington.
SECTION 12: DISCRIMINATION PROHIBITED
The HISTORICAL SOCIETY with regard to the project to be completed under this agreement,
will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed,
color, national origin, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained dog guide or service animal by a
person with a disability, unless based upon a bona fide occupational qualification in the selection
and retention of employees, materials, supplies, contractors or subcontractors.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the HISTORICAL SOCIETY and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended
only by written instrument signed by both the County and the HISTORICAL SOCIETY.
APPROVED and signed this
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Approved as to Form:
0 " a , f?—'1f
David Alvarez, Deputy
Prosecuting Attorney
day of , 2016.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
JEFFERSON COUNTY HISTORICAL
SOCIETY
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Authorized Official 2-101116
Page: 5 of 8 Jefferson County Historical Society
Exhibit A
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: 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 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 reporting
Page 6 of 8 Jefferson County Historical Society
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*:
Actual*
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
RStructured
Indirect Count*
Estimate*
ROther:
eDirect
Count*
Informal Survey*
Indirect Count*
B Structured Estimate*
B
Representative Survey*
Other:
Projected*
Total # of Attendees Who Traveled 50 Miles or More*:
Projected*
Methodology* (Check One):
Actual*
Direct Count*
Methodology* (Check One):
Indirect Count*
Representative Survey*
Direct Count*
Informal Survey*
Indirect Count*
e Structured Estimate*
e
Representative Survey*
Other:
Other:
Of that Total, # of Attendees Who Traveled
From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
Indirect Count*
e Structured Estimate*
e
Representative Survey*
Other:
Attendees Who Stayed Over Night — Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Indirect Count*
Representative Survey*
Informal Survey*
e
Structured Estimate*
e
Other:
Attendees Who Stayed Over Night — Un -Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
RStructured
Indirect Count*
Estimate*
ROther:
Representative Survey*
Paid Lodging Nights*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
RStructured
Indirect Count*
Representative Survey*
Informal Survey*
Estimate*
B
Other:
*See LTAC Yearly Reporting Definitions/Instructions below
Page 7 of 8 Jefferson County Historical Society
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.
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