HomeMy WebLinkAboutCentrum, LTAC - 021616c�
AGREEMEN OR 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
1. 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 Y - 2016.
I
Attest:
Carolyn Ailvery, r
Deputy Clerk of the Board
Approved as to orm:
1)29IZo)
David Alvarez, Deputy
Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
-4 � �4 1 -�� � -P, 4. 4'.
Kathleen Kler, Chair
CENTRUM 2 L
Authoriz d Official
i�Baf A• QfRMMV
e wr,✓F 010 '"Va.
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 lune 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. KPLU-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
80,000. $980
• Display ad promoting Jazz Port Townsend in Down Beat 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.
$1150
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 World, February 2016. Aberdeen Daily World has a circulation of 14,100
with people along the coast of Washington State. $462
• 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 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 28t1 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* R Other:
Total # of Attendees Who Traveled 50 Miles or More*:
Projected*
Actual*
Methodology* (Check One):
BDirect Count*e Indirect Count* e 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* e Other:
Attendees Who Stayed Over Night — Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* e Structured Estimate* ROther:
Attendees Who Stayed Over Night — Un -Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* e Structured Estimate* R Other:
Paid Lodging Nights*:
Projected*
Actual*
Methodology* (Check One):
8 Direct Count* Indirect Count* Representative Survey*
Informal Survey* Structured Estimate* e Other:
*See LTAC Yearly Reporting Definitions/Instructions below
Page 9 of 10 Centrum
LTAC Yearly Reporting
Def nitions/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
Consent 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:
P ili Morle
p y, Administrator Date:
CONTRACT WITH:
CONTRACT FOR:
CONTRACT REVIEW FORM
Centrum
/6.
(Contractor)
2016 Hotel Motel Grant Funding (LTAC) TERM: Ends 12/31/16
AMOUNT: .$15,000 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY RISK EMENT
Review by:
Date Reviewed:
APPROVED FORM
Comments: w L�ij cl
� /Returnetrevision
ec. r, y/
Step 2: REVIEW BY PROSECUTING A'
Review by: �,, l—i/� Z I
Date Reviewed:
APPROVED AS TO FORM
Returned for revision (See comments)
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Jefferson
Townsend,
February 17, 2016
Centrum
P.O. Box 1158
Port Townsend, WA 98368
Re: 2016 Lodging Tax Fund Agreement
Dear Mr. Birman,
Enclosed is a fully executed, original of the 2016 Lodging Tax Grant Funding Agreement
between Jefferson County and Centrum for your records.
Per Section 2 (1), please remember that on or before April 30; July 31; October 31, 2016 and
January 31, 2017 you are required to provide to the County:
• A quarterly report of the use, services, programs and activities of 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.
Thank you for your assistance.
Si erely,
Leslie Locke
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 pmorley@co.jefferson.wa.us