HomeMy WebLinkAbout030716_ca05Consent 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 7, 2016
SUBJECT: AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of
$3,000; Quilcene Brinnon Dollars for Scholars
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:
Quilcene Brinnon Dollars for Scholars: $3,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
ip Morley, o y Adm inistrato Date:
AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
QUILCENEBRINNON DOLLARS FOR SCHOLARS
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the QUILCENEBRINNON DOLLARS FOR SCHOLARS (hereinafter known as
"DOLLARS FOR SCHOLARS").
WHEREAS, the DOLLARS FOR SCHOLARS 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 the QuilceneBrinnon Dollars for Scholars 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 DOLLARS FOR SCHOLARS 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:
DOLLARS FOR SCHOLARS shall use its capabilities and utilize up to $3,000 of funding
provided under this agreement to promote the Quilcene Oyster Half Marathon, restricted to any
of the eligible items in the proposed Lodging Tax budget, 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 OUILCENEBRINNON DOLLARS FOR
SCHOLARS:
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 DOLLARS FOR
SCHOLARS 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.
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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 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 DOLLARS FOR
SCHOLARS.
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.
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 DOLLARS FOR SCHOLARS 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 $3,000 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.
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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
DOLLARS FOR SCHOLARS 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, DOLLARS FOR SCHOLARS 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 S: 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, or any 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 4.24.115 and was subject of mutual negotiation.
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SECTION 9: INSURANCE
The DOLLARS FOR SCHOLARS 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 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
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, representative,
agent or contractor of the DOLLARS FOR SCHOLARS. The DOLLARS FOR SCHOLARS
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 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, Washington.
SECTION 12: DISCRIMINATION PROHIBITED
The DOLLARS FOR SCHOLARS 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.
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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
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Approved as to Form:
David Alvarez, Deputy
Prosecuting Attorney
day of , 2016.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
QUILCENEBRINNON DOLLARS FOR
SC O S
Authorized /Official
pre 51/4
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EXHIBIT A
Proposed 2016 QuilceneBrinnon Dollars for Scholars Lodging Tax Budget
[Note: QuilceneBrinnon Dollars for Scholars shall decrease total lodging tax expenditures to $3,0001
Page 6 of 9 QuilcenelBrinnon Dollars for Scholars
2016
Website
$ 113
Facebook Campaigns
1000
Twitter Campaigns
400
Online Banner Ads
2250
Printed Brochures (sample included)
930
GetMeRegistered.com (ads/distribution)
70
Email blasts and listings
700
Northwest Runner Magazine 1 — % page ads
300
Silver Strider Magazine 1 — % page ads
200
Portable Signage for booths
400
Marketing trips(Portland, Victoria, Tacoma)
500
TOTAL
$6,863
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Exhibit B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28t' of each Year
[WEIVIMM,
All organizations are required to fill out this form:
1. Organization: r r 5c4-/,-) Year: (�2-0 It
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
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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):
eDirect Count* Indirect Count* Representative Survey*
Informal Survey* Structured Estimate* e Other:
Total # of Attendees Who Traveled 50 Miles or More*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* M Structured Estimate* ROther:
Of that Total, # of Attendees Who Traveled From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
eDirect Count* Indirect Count* Representative Survey*
Informal Survey* B Structured Estimate* B Other:
Attendees Who Stayed Over Night — Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* r7 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* Structured Estimate* e Other:
Paid Lodging Nights*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
BIndirect Count* e Representative Survey*
Structured Estimate* Other:
*See LTAC Yearly Reporting Definitions/Instructions below
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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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