Loading...
HomeMy WebLinkAbout020617_ca02Consent 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 6, 2017 SUBJECT: AGREEMENT re: 2017 Hotel Motel Grant Funding; In the Amount of $17,250; Jefferson County Chamber of Commerce STATEMENT OF ISSUE: This agreement provides grant funding for 2017 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 Chamber of Commerce: $17,250 RECOMMENDATION: Approve and sign the agreement. REV EI" : Orley, Chun Administrator Date: i / AGREEMENT FOR 2017 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES JEFFERSON COUNTY CHAMBER OF COMMERCE This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY CHAMBER OF COMMERCE (hereinafter known as "JCCC"). WHEREAS, the JCCC is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated East Jefferson County, especially in the greater Port Hadlock/Tri-Area region and Port Ludlow region, by providing information to guests, support and staff to information centers, as well as workshops, conferences and materials to enhance productivity of visitor information centers and other means 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 Jefferson County Chamber of Commerce to: support marketing outside the County and other tourism promotion 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 JCCC shall use its capabilities and utilize the funding provided under this agreement to perform the tourism promotion services as described in the Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget, a copy of which is incorporated herein and attached hereto as Exhibit A, and to continue and update the ongoing performance of the following tourism promotion services, as outlined below: Assist in marketing events and other tourism promotion activities in unincorporated Jefferson County with a particular focus on the greater Port Hadlock/Tri-Area region and Port Ludlow Region. 2. Be a point of contact for the Jefferson County Tourism Coordinating Council for support and participation in tourism promotional activities; assist in developing regional promotional material in conjunction with other Chambers of Commerce and the Tourism Coordinating Council. 3. Respond to specific requests referred by the Olympic Peninsula Tourism Commission, the Jefferson County Tourism Coordinating Council and all other Jefferson County visitor's centers and Chambers of Commerce. Page: 1 of 8 Jefferson County Chamber of Commerce 4. As vacancies occur, recommend potential representatives and alternates, preferably Chamber members, for inclusion with other candidates for consideration by the Board of County Commissioners for appointment to the Tourism Coordinating Council to represent the Port Hadlock/Tri-Area region and the Port Ludlow region. SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY CHAMBER OF COMMERCE On or before January 31; April 30; July 31; October 31, 2017; and January 31, 2018, provide to the COUNTY: • A quarterly report of the use, services, programs and activities of the JCCC 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 2017. 2. On or before January 31, 2017, 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, 2018. 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 JCCC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the JCCC 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 JCCC funding from Hotel -Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. Page: 2 of 8 Jefferson County Chamber of Commerce 2. Said funding is in the sum of $17,250 for 2017. 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, 2017 and ending on December 31, 2017, except for the reports referenced in Section 2, due January 31, 2018 and February 28, 2018. 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 JCCC 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, JCCC 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 JCCC 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 JCCC's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the JCCC 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 JCCC'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 JCCC's negligence, or the negligence of the JCCC's agents or employees. Page: 3 of 8 Jefferson County Chamber of Commerce The JCCC specifically assumes potential liability for actions brought against the COUNTY by the JCCC's employees, or any other persons engaged in the performance of any work or service required of the JCCC 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 JCCC 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 JCCC 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 JCCC shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all JCCC employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. SECTION 10: INDEPENDENT CONTRACTOR The JCCC and the COUNTY agree that the JCCC 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 JCCC nor any employee of the JCCC 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 JCCC, or any employee, representative, agent or contractor of the JCCC. The JCCC 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 JCCC 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 JCCC 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 Page: 4 of 8 Jefferson County Chamber of Commerce disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies, contractors or subcontractors. SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the JCCC 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 JCCC. APPROVED and signed this day of 2017. Attest: Carolyn Avery, Deputy Clerk of the Board Approved as to Form: ��� Michael Haas Prosecuting Attorney JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair JEFFERSODi-F OUNTY CHAMBER orized Official Page: 5 of 8 Jefferson County Chamber of Commerce EXHIBIT A Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget Getaway Guide 2 -Page Color Ad Details and Cost Quantity: 40,000 2 -page ads Distribution Reach: 40,000 travelers Printing & Distribution Cost: $3,698 TOTAL COST (Proposed LTAC Support) .................................................... $3,698 Jefferson County Chamber Map Details and Cost Quantity: 80,000 maps Distribution Reach: 23,603,238 = WA State Ferry, Black Ball Ferry, Visitor center Walk-ins Printing Cost (Proposed LTAC Support) ................................................ $3,000 Distribution Cost: $7,250 TotalCost ............................................................................................. $10,250 (asking for support in covering 29% of total cost) Outdoor Movie Night Details and Cost Design and printing of all marketing materials (10) 4'x10' outdoor banners with stakes.. .... ........ $ 750 (20) 24'x36" yard signs with stakes.... . ........ ......... -- ... — $ 250 (100) posters and flyers —standard and 11 "x17.......... .......... — $ 200 Social Media advertising ............. .............. ...... ......... $ 500 Advertising — yachting magazines/communities ....................... $1,000 Create media promotional material (6) at $120 per hour............ $ 720 10 hours at $17.00 per hour for staff to design/administrate video........... $ 170 10 hours at $15.00 per hour for staff to arrange outdoor advertising........ $ 150 Total Marketing Costs (Proposed LTAC Support) ......................... $3,740 Production Cost ........ ............... ......... ........... ..... .... ........ ..... $5,200 Total Event Cost ....... ....... . ......... ............. ................. ............ $9,732 (asking for support in covering 38% of total cost) Hwy 19 and Oak Say Road Sign Details and Cost Survey... ... --- ..................... .. ....... ... -- ..... $800 Sign.._ .. ............ ...... ..... — .......... - ............ ............. --- ................ ..... --.— $3.062 Designed to match Port Ludlow Associates branding (color/design) (4) 10' long panels of heavy duty reflective DiBond 2' curved panel with Port Ludlow ship 4' panel with words "Port Ludlow" and 'golf, marina. inn. home" 18' panel with five interchangeable icons to reflect seasons 18" panel with 'welcome" and 'I mile" inside arrow Secured with treated painted lumber cemented into the ground 3 vertical posts (one in middle) 4 horizontal posts Created by the local company Alba Creative Created to withstand weather, especially wind Installation ........ ............ ---- ....... ................. --- ...... ............. . $1,800 Professionally installed by local contractor Ground prep , ...... —.... ........ . .. ..... $400 Professionally clear debris and trim landscaping for maximum visibility One year maintenance .... ........... ... ..... .. ...... $600 Quarterly trimming and touch up painting; checking security of sign Insurance... — ...... ..... -- .. .......... ... ............ ...... ... - ........ ........ .... — $150 Total Cost of Sign, Including installation (Proposed LTAC Support) .............. $6,812 Page 6 of 8 Jefferson County 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 Lodging Tax Reporting Form 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. 1 Organization Name: Reporting Year: 2 Sponsor Type (Check One): O 501(c)(3) O 501(c)(6) O Local Jurisdiction O Other (Explain): 3 Activity Name: 4 Activity Type (Check One): O Event/Festival* O Facility* O Marketing* 5 Activity Start Date*: 6 Activity End Date*: 7 Total Cost of Activity: $ 8 Amount Requested: $ 9 Amount Awarded: $ 10 Overall Attendance* a) Projected* b) Actual* c) Methodology (Check One). Direct Count* Olndirect Count* Representative Survey* ©Informal Survey* OStructured Estimate* ©Other (explain): 1 1 Number of Attendees Who Traveled 50 Miles or More* a) Projected* b) Actual* c) Methodology (Check One): O Direct Count* OIndirect Count* O Representative Survey* OInformal Survey* O Structured Estimate* OOther (explain): 12 Number of Attendees Who Traveled from Another State or Country* a) Projected* b) Actual* c) Methodology (Check One): O Direct Count* OIndirect Count* O Representative Survey* OInformal Survey* OStructured Estimate* OOther (explain): *See Lodging Tax Yearly Reporting Definitions/Instructions Name of Individual Who Prepared Report: Phone #: E -Mail Address: RETURN THIS FORM TO: Jefferson County Administrator's Office 1820 Jefferson Street P.O. Box 1220 Port Townsend, WA 98368 jeffboccc co.jefferson.wa.us 13 Number of Attendees Who Stayed Overnight in Unpaid Accommodations* a) Projected* b) Actual* c) Methodology (Check One): O Direct Count* OIndirect Count* Representative Survey* Informal Survey* Structured Estimate* Other(explain): 14 Number of Attendees Who Stayed Overnight in Paid Accommodations* a) Projected* b) Actual* c) Methodology (Check One): O Direct Count* OIndirect Count* 0Representative Survey* OInformal Survey* O Structured Estimate* OOther (explain): 15 Number of Paid Lodging Nights* a) Projected* b) Actual* c) Methodology (Check One): 0 Direct Count* OIndirect Count* ORepresentative Survey* OInformal Survey* O Structured Estimate* eOther (explain): DEADLINE: February 28th of Each Reporting Year Page 7 of 8 Jefferson County 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 8 of 8 Jefferson County Chamber of Commerce