Loading...
HomeMy WebLinkAbout020816_ca03Consent 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: February 8, 2016 SUBJECT: AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of $59,500; Jefferson County Historical Society -Gateway Visitor Center 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 -Gateway Visitor Center: $59,500 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: Ph ip Morle unty AdR+irristrator Date: AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES HISTORICAL SOCIETY OLYMPIC PENINSULA GATEWAY VISITOR CENTER 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 providing information to guests, supporting and staffing the Gateway Visitor Center in unincorporated Jefferson County, as well as promoting tourism through participation at workshops, conferences and regional organizations, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the COUNTY wishes to create and operate a visitor center that can be a destination itself, a place to learn about Jefferson County and visitors can be encouraged to spend time in the County, not just a place to pick up brochures; and WHEREAS, the COUNTY envisions that the HISTORICAL SOCIETY will create opportunities to generate revenue through gift shop sales, charges for services (stocking brochures, etc.), all of which will be retained by the HISTORICAL SOCIETY; and WHEREAS, management of the visitor center will be at no cost to the HISTORICAL SOCIETY with all reasonable expenses being paid for by the COUNTY; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by the HISTORICAL SOCIETY to operate the Gateway Visitor Center; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein, the parties agree as follows: SECTION 1: SERVICES TO BE PERFORMED The HISTORICAL SOCIETY 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: 1. Act as a pass through agency for the purpose of staffing and operating the Gateway Visitor Center, including scheduling hours of operation, receiving and processing information requests, routine grounds maintenance, payment of utilities and other activities necessary to maintain the Gateway Visitor Center as a point of visitor contact and education: Provide entry and updates in coordination with other tourism Page: 1 of 11 Historical Society — Gateway Visitor Center promotion organizations on facebook and on www.olMpiepenninsula.org, the latter including web pages for the Olympic Peninsula Gateway Visitor Center, Tri -Area and Port Ludlow; and perform additional tourism promotion activities consistent with the Itemized List of Proposed Promotion Services attached hereto and incorporated herein as Exhibit A. 2. Act as a pass through agency for the purpose of providing the staff function to represent the COUNTY on local, regional, and statewide tourism organizations and activities, to promote tourism in the unincorporated areas of Jefferson County. 3. Prepare and submit an annual budget request to the Board of Commissioners for the staffing and operating of the Gateway Visitor Center. SECTION 2: RESPONSIBILITIES OF THE 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 Gateway Visitor Center 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; October 31, 2016, provide to the COUNTY: • A billing statement requesting payment of Hotel -Motel Funding for the current quarter. 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 28th of each year provide the following information on Exhibit B, attached hereto and incorporated by reference for the previous year. a. Each festival, event, or tourism facility owned and/or operated by Gateway Visitor Center. Page: 2 of 11 Historical Society — Gateway Visitor Center b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the Gateway Visitor Center 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 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 $59,500. Quarterly payments of $14,875.00 will be made, beginning with the first quarter of 2016. Payments are to be predicated on quarterly reports defined in Section 2. The COUNTY will make payment on the first available billing cycle of the quarter. 4. Consult with the HISTORICAL SOCIETY on all decisions regarding design and site considerations. 5. The HISTORICAL SOCIETY assumes no responsibility for the maintenance and upkeep of the Gateway Visitor Center. The COUNTY shall keep the Center and the entries immediately adjacent thereto in a neat, clean and safe condition, maintain the glass of all windows and doors thereof, and maintain the Center and entries thereto in a good state of repair. The COUNTY shall also maintain and repair the electrical and other utility systems within the Center together with the roof, exterior walls and foundations thereof. SECTION 4: DEFINITION: Pass Through Agency: The term pass through agency shall mean that the HISTORICAL SOCIETY shall act as the fiscal agent for the operation of the Gateway Center. The HISTORICAL SOCIETY shall not incur any additional financial liability for the operation of the Gateway Center in excess of the sum listed in Section 3 above. SECTION 5: 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. Page: 3 of 11 Historical Society — Gateway Visitor Center 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 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. Page: 4 of 11 Historical Society — Gateway Visitor Center 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. 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. Page: 5 of 11 Historical Society — Gateway Visitor Center 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 day of Attest: Carolyn Avery, Deputy Clerk of the Board Approved as to Form: j David Alvarez, Deputy Prosecuting Attorney , 2016. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair HISTORICAL SOCIETY Authorized Official Page: 6 of 11 Historical Society — Gateway Visitor Center EXHIBIT A Itemized List of Proposed Tourism Promotion Services And HISTORICAL SOCIETY Lodging Tax Budget Tourism Promotion Services The Olympic Peninsula Gateway Visitor Center provides for a seven day -a -week site dedicated to the promotion of business in Unincorporated Jefferson County. We promote all businesses in Jefferson County without charge or Chamber affiliation. Our Center is the first opportunity the visitor has for local information on the Olympic Peninsula atter crossing the Hood Canal Bridge on Highway 104. The Visitor Center is open 362 days a year and is the only site that opens for all holiday weekend scheduling. Our Visitor Center uses Volunteers to fill a portion of weekly scheduled openings; 8% donated hours through end of September in 2015; this is almost 10% of our operating hours. Volunteert keep our operating cast down. At years end over 12%, (up 3% from 2014), of our LTAC funds will be used to fund Promotional Multimedia Programs beyond our location. The Center provided service to over 9,540 through the door visitors in 2014, and we have seen some 7;452 on site visitors through the end of September, 2015. We provide oversight for all Jefferson County promotional programs, local or regional, on all levels, printed or electronic. Our budget includes monies for Bulk mailing fulfillment including web and phone requests from our site, Port Townsend, and all quarries to our Regional website. Through end of September this year we have made 42,322 total contacts directly, by mail, or by delivery of promotional materials to other sites on and off Peninsula, this does not include visits to our web pages- We ages We fiord and maintain a Jefferson County web presence on the internet with www.olvmoicoeninsula.org and www.eniovolyinpicoeninsula corn these sites include year round updates to pages for Port Hadlock, Port Ludlow, and the Gateway Visitor Center. We also provide funding for Gateway Visitor Center site in Face book, lnstagram, a Blog site, and Pinterest. For the last four years we also provided for a Washington State Ferries distribution program through Certified Folder Inc. on both the Seattle to Kingston and the Seattle to Bainbridge Isl. run, and in 2015 we increased this program to year round distribution. The Gateway Visitor Center staff produces Promotional products like our "Activities Map" spotlighting Unincorporated Jefferson County. Staff attends all Tourism related Committee meetings and is involved with development of Peninsula and County related promotional programs through the Olympic Peninsula Tourism Commission as voting member and Jefferson County Tourism Coordinating Council as Chair. We also provide for all security and maintenance of building, parking lot, toilets, trash pickup, and lot cleaning. Page 7 of 11 Jefferson County Historical Society — Gateway Visitor Center Historical Society — Gateway Visitor Center Lodging Tax Budget > .oro • sw - Oder tai. •�) 3o6.m .toxo • kleorne 50.00 4010 • Je1lMeon CM* LTAC 50,600.00 ao26. 60mr0rr 1AMOO TOM AOW • Mom 90.900.00 Tail6ce0crn 61,100.00 CWtd6000Sold 6000 • Cad O7000d SMd SOHO TOW COW 5000 Oro" Prom 60.950.00 Expense 6000 • Palms EB�emes 6070 - Wapee Paid 35,500.0 9600 • Cansuism 3.000.00 Taal 9000 • Papas BOWNIMS36500.00 7000.On4ft E6Cprre 7007 • Coacbr Candy - Fee 50.00 Ms - 91ft" MMrLrcr k 1.900.00 Two - OMOO Bquticcccecrt 160.00 7M -WAW 3.06.06 7099-vahol.rT•uno3om 200.06 iiia • Bldy "i paws 1.otuo t 1.400.00 rM - MdpMbbb-SuppSaa 219.60 7606.01sce 3upplNe 350.00 TM • WON 150:06 TM • P.O. Bac IleccW 100.00 Tabs 79W - On4WA E3roenw 7,060.06 T900.OB1NM lbckM- -Exp 7706 • MarYotMc0100eb Prorrro i Mwat 1.400.00 7990 • ktl mK oocapulwMftrism 1.666.6 7610 - Bulk MMW& O NIk Cact,Faldw 3.600.00 7070-TNNM 400.00 7030.Ouw 600.00 TOW79110.0931b11 I-IcgEap 7,400.00 9000.ON, am MISS$ 0010 - Mecuicity 1.700.00 0020 • Telephone 000.00 0630 - Trach Pick-up 600.00 0040.3aal-Can service 3.600.00 Told 0000.On Sib U0601es 61600.00 TOW Expeme 66.550.00 Not income 1,400.00 Page 8 of 11 Jefferson County Historical Society — Gateway Visitor Center 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: 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 28t' of each year reporting Page 9 of 11 Jefferson County Historical Society — Gateway 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* 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* Indirect Count* Representative Survey* Informal Survey* e Structured Estimate* e Other: Total # of Attendees Who Traveled 50 Miles or More*: Projected* Actual* Methodology* (Check One): eDirect Count* Indirect Count* Representative Survey* Informal Survey* B Structured Estimate* e Other: Of that Total, # of Attendees Who Traveled From Another State or Country*: Projected* Actual* Methodology* (Check One): Direct Count* Indirect Count* Representative Survey* Informal Survey* e Structured Estimate* B Other: Attendees Who Stayed Over Night — Paid Accommodations*: Projected* Actual* Methodology* (Check One): Direct Count* Indirect Count* Representative Survey* Informal Survey* e Structured Estimate* B Other: Attendees Who Stayed Over Night — Un -Paid Accommodations*: Projected* Actual* Methodology* (Check One): BDirect Count* Indirect Count* Representative Survey* Informal Survey* B Structured Estimate* e Other: Paid Lodging Nights*: Projected* Actual* Methodology* (Check One): Direct Count* Indirect Count* Representative Survey* Informal Survey* B Structured Estimate* e Other: *See LTAC Yearly Reporting Definitions/Instructions below Page 10 of 11 Jefferson County Historical Society — Gateway 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 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 11 of 11 Jefferson County Historical Society — Gateway Visitor Center