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HomeMy WebLinkAbout021616_ca04Consent 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 16, 2016 SUBJECT: AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of $15,000; Centrum 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: Centrum: $15,000 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: CP clip Morley,Administrator Date: AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES CENTRUM This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the CENTRUM (hereinafter known as "CENTRUM"). WHEREAS, the CENTRUM is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by Centrum to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED The CENTRUM shall use its capabilities and utilize up to $15,000 of funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services consistent with the Itemized List of Promotion Services and Lodging Tax Budget, a copy of which is incorporated herein and attached hereto as Exhibit A. SECTION 2: RESPONSIBILITIES OF CENTRUM: 1. On or before 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 CENTRUM 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, 2016, provide to the COUNTY: • A billing statement requesting payment of Hotel -Motel Funding for the current year. 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. Page: 1 of 10 Centrum 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 CENTRUM. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the CENTRUM 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 CENTRUM 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 $15,000 for 2016. Payment is 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. Page: 2 of 10 Centrum 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 CENTRUM 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, CENTRUM 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 CENTRUM 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 CENTRUM's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CENTRUM 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 CENTRUM'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 CENTRUM's negligence, or the negligence of the CENTRUM's agents or employees. The CENTRUM specifically assumes potential liability for actions brought against the COUNTY by the CENTRUM's employees, or any other persons engaged in the performance of any work or service required of the CENTRUM 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 CENTRUM 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 CENTRUM 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 CENTRUM shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all CENTRUM employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. Page: 3 of 10 Centrum SECTION 10: INDEPENDENT CONTRACTOR The CENTRUM and the COUNTY agree that the CENTRUM 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 CENTRUM nor any employee of the CENTRUM 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 CENTRUM, or any employee, representative, agent or contractor of the CENTRUM. The CENTRUM 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 CENTRUM 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 CENTRUM 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: 4 of 10 Centrum SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the CENTRUM 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 CENTRUM. APPROVED and signed this day of Attest: Carolyn Avery, Deputy Clerk of the Board Approved as to orm: W. 29Z©l� aW David Alvarez, Deputy Prosecuting Attorney , 2016. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair CENTRUM 2� z/(` Authoriz d Official A080,7W A. 01AMkiv eNofiwri ✓F P lAg Cro2 Page: 5 of 10 Centrum EXHIBIT Itemized List of Proposed Tourism Promotion Services and Centrum Lodging Tax Budget • Three display ads promoting Jazz Port Townsend in JazzTimes Magazine, March, April, and May 2016 editions. JazzTimes has a circulation of 70,000 magazine readers, 30,000 newsletter subscribers, 215,000 Facebook likes/Twitter followers, and 275,000 unique visitors to jazztimes.com with 440,000 pageviews. $•2727 • Display ad promoting all of Centrum's programs in Olympic Peninsula Getaway newsletter, March 2016 edition. Olympic Peninsula Getaway has a circulation of 200,000 including Washington State Ferries. $649 • 20 underwriting announcements on KUOW-FM for Centrum's Summer Season programs, May and June 2016. KUOW-FM reaches 342,700 listeners throughout western Washington each week. Fifty seven percent of KUOW's listeners live in households with a yearly income of over $75,000, and 45 percent live in households with income of more than $100,000 per year. (New in 2016) $1500 • 20 underwriting announcements on KPLU-FM for Jazz Port Townsend and Port Townsend Acoustic Blues Festival, May and June 2016. KPIU-FM reaches 309,000 listeners throughout western Washington each week. (New in 2016) $1500 • Y page display ad promoting Port Townsend Writers' Conference in Poets and Writers Magazine, March/April and May/June 2016 editions. Poets and Writers Magazine has a circulation of over 100,000 with people throughout the US who take their writing vocation seriously. Poets & Writers Magazine provides the most comprehensive listing of literary grants and awards, deadlines, and prizewinners available in print. $1660 • Display ad promoting all of Centrum's programs in Seattle Art and Performance magazine, March and April 2016 editions. Seattle Art and Performance newsletter has a circulation of $0,000. $980 • Display ad promoting Jazz Port Townsend in DownBeat Magazine, Marchand April 2016 editions. DownBeat Magazine has a circulation of 68,000 with people throughout the US who like jazz. $1680 • Display ad promoting Young Artist Project Explorations and Water World programs in the Bellingham Herald, February 2016. Bellingham Herald has a circulation of more than 57,000 with people around Bellingham, Washington. $552 • One column full page display ad promoting all of Centrum's programs in Peninsula Daily News' Visitors Guide and Ferries, March 2016. Peninsula Daily News' Visitors Guide and Ferries distributes 50,000 copies on ferries, in newspapers, and at other locations. $592 • % page display ad promoting Jazz Port Townsend in the program guide for Victoria Jazz Festival. Victoria Jazz Festival has an audience of 43,000 people. $1350 Page 6 of 10 Centrum • Display ad promoting Young Artist Project Explorations and Water World programs in the Central Kitsap Reporter, February 2016. Central Kitsap Reporter has a circulation to more than 18,000 households in Silverdale and Central Kitsap County. $291 • Display ad promoting Port Townsend Acoustic Blues festival in the Festival Guide issue of Living Blues Magazine, April/May 2016. living Blues Magazine has a circulation of 16,000 With people throughout the US who like blues. $564 • Display ad promoting Young Artist Project Explorations and Water World programs in the Aberdeen Daily Worid, February 2016. Aberdeen Daily World has a circulation of 14,100 with people along the coast of Washington State. $463 • Display ad promoting Jazz Port Townsend in JazzED Magazine, March/April 2016. JazzED Magazine has a circulation of reaches over 13,000 jazz educators across the USA. $725 • Two display ad promoting Jazz Port Townsend in Earshot Jazz Magazine, June and July 2016. Earshot Jazz Magazine has a monthly circulation of 6,000 for people in Seattle who like jazz. $330 • Two full page color ads promoting Fiddle Tunes in the Old-time Herald Magazine, April/May 2016. Old Time Herald has a readership of 4,000 people throughout the US who like old- time roots music. $648 • Display ad promoting Young Artist Project Explorations and Water World programs in the Methow Valley News, February 2016. Methow Valley News has a circulation of 2,750 with people in the Methow Valley area of eastern Washington State. $224 • Display ad promoting Port Townsend Acoustic Blues Festival in Acoustic Guitar Magazine, March 2016. Acoustic Guitar Magazine has a circulation with people throughout the US who like blues and other styles of guitar. $1500 • Printing of 2,000 rack cards promoting Jazz Port Townsend for distribution at the Jefferson County Visitor's Information Center, Port Townsend Visitor's Information Center, and at hotels and B&Bs in Jefferson County, March 2016. $416 • Printing of 2,000 rack cards promoting Port Townsend Acoustic Blues Festival for distribution at the Jefferson County Visitor's Information Center, Port Townsend Visitor's Information Center, and at hotels and B&Bs in Jefferson County, March 2016. $416 • Printing of 2,000 rack cards promoting Festival of American Fiddle Tunes for distribution at the Jefferson County Visitor's Information Center, Port Townsend Visitor's Information Center, and at hotels and B&Bs in Jefferson County, March 2016. $416 Total expenses $18,982 Total requested from JCLTAC $15,000 Page 7 of 10 Centrum 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: 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 2811 of each year reporting Page 8 of 10 Centrum 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* B Structured Estimate* e Other: Total # of Attendees Who Traveled 50 Miles or More*: Projected* Actual* Methodology* (Check One): BDirect Count* B Indirect Count* B Representative Survey* Informal Survey* Structured Estimate* 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* e Other: Attendees Who Stayed Over Night — Un -Paid Accommodations*: Projected* Actual* Methodology* (Check One): Direct Count* Indirect Count* Representative Survey* Informal Survey* B Structured Estimate* B Other: Paid Lodging Nights*: Projected* Actual* Methodology* (Check One): Direct Count* Informal Survey* eIndirect Count* Structured Estimate* *See LTAC Yearly Reporting Definitions/Instructions below Page 9 of 10 Centrum BRepresentative Survey* Other: 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 10 of 10 Centrum