HomeMy WebLinkAbout032116_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: March 21, 2016
SUBJECT: AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of
$27,075; Forks Chamber of Commerce
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:
Forks Chamber of Commerce: $27,075
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED WED BY:
i ip Morley o ty Administrat r Date:
AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
FORKS CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the FORKS CHAMBER OF COMMERCE (hereinafter known as "FCC").
WHEREAS, the FCC is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by providing information to guests,
support and staff to information centers in unincorporated West Jefferson County, as well as
workshops, conferences and materials to enhance productivity of visitor information centers in the
promotion of the tourism industry, 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 Forks Chamber of Commerce;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The FCC 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. Negotiate a visitor information service with Olympic National Park for seasonal personnel
coverage at the Kalaloch Visitor Center.
2. As funds allow update, print and distribute a West End tourism map.
3. Be the focal point for support of the West End participation in tourism promotional
activities included but not limited to: web page update and web site hosting; distribution of
tourism information and materials through the Kalaloch Visitor Center and the Forks
Visitor Information Center; Joint Marketing and other tourism promotion activities,
consistent with the proposed FCC Lodging Tax budget, a copy of which are incorporated
herein and attached hereto as Exhibit A.
SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE
On or before January 31; April 30; July 31; October 31, 2016; and January 31, 2017,
provide to the COUNTY:
Page: 1 of 9 Forks Chamber of Commerce
A quarterly report of the use, services, programs and activities of the FCC 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.
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 281 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 FCC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the FCC 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 FCC 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 $27,075 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.
Page: 2 of 9 Forks Chamber of Commerce
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 FCC
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, FCC 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 FCC 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 FCC's negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require the FCC 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 FCC'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
FCC's negligence, or the negligence of the FCC's agents or employees.
The FCC specifically assumes potential liability for actions brought against the COUNTY by the
FCC's employees, or any other persons engaged in the performance of any work or service
required of the FCC 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 FCC recognizes that this waiver was specifically entered into pursuant
to provisions of RCW 4.24.115 and was subject of mutual negotiation.
Page: 3 of 9 Forks Chamber of Commerce
SECTION 9: INSURANCE
The FCC 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 FCC shall maintain Workers' Compensation coverage as required under the Washington
State Industrial Insurance Act, RCW Title 51, for all FCC employees, agents and volunteers
eligible for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The FCC and the COUNTY agree that the FCC 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 FCC
nor any employee of the FCC 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 FCC, or any employee, representative, agent or contractor of the FCC. The FCC 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 FCC 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 FCC 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 9 Forks Chamber of Commerce
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the FCC 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 FCC.
APPROVED and signed this
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Approved as to [F70:
Oocvu-j
David Alvarez, Deputy
Prosecuting Attorney
day of , 2016.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
FORKS CHAMBER OF COMMERCE
Authorized Official
Page: 5 of 9 Forks Chamber of Commerce
EXHIBIT A
Proposed 2016 Forks Chamber of Commerce Lodging Tax Budget
YTD 2016
2016 Budget ACtual %
West Jefferson County Pass -Through
QNP Kalaloch VC Staff 19,275.00 0%
Map / Brochure Preparation 5,340.42 0%
Mailing & Distribution 2,500.00 0%
Total W Jefferson County Pass -Through $ 27,075.42 - 00/0
Page 6 of 9 Forks Chamber of Commerce
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:
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: $
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 7 of 9 Forks Chamber of Commerce
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* Q 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* a 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* e 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* B Structured Estimate* e Other:
Attendees Who Stayed Over Night — Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey R Structured Estimate* B Other:
Attendees Who Stayed Over Night — Un -Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* RStructured Estimate* e Other:
Paid Lodging Nights*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey*
eIndirect Count* B Representative Survey*
Structured Estimate* Other:
*See LTAC Yearly Reporting Definitions/Instructions below
Page 8 of 9 Forks Chamber of Commerce
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 9 of 9 Forks Chamber of Commerce