HomeMy WebLinkAboutQuilcene Fair & Parade Association - 012317AGREEMENT FOR 2017 H EL -MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE FAIR & PARADE
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the QUILCENE FAIR & PARADE ASSOCIATION (hereinafter known as
"QUILCENE FAIR").
WHEREAS, the QUILCENE FAIR 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 Quilcene Fair and Parade Association 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 QUILCENE FAIR 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. QUILCENE FAIR shall use its capabilities and utilize up to $3,500 of funding provided under
this agreement to promote the Quilcene Fair and Parade, restricted to any of the eligible items in
the itemized list of proposed tourism promotion services, 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 QUILCENE FAIR:
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 QUILCENE FAIR
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.
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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 2811 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 QUILCENE FAIR.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the QUILCENE FAIR 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 QUILCENE FAIR 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 $3,500 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
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QUILCENE FAIR 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, QUILCENE FAIR 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 QUILCENE FAIR 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 QUILCENE FAIR's negligence or breach of
any of its obligations under this Agreement; provided that nothing herein shall require the
QUILCENE FAIR 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 QUILCENE FAIR'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 QUILCENE FAIR's negligence,
or the negligence of the QUILCENE FAIR's agents or employees.
The QUILCENE FAIR specifically assumes potential liability for actions brought against the
COUNTY by the QUILCENE FAIR's employees, or any other persons engaged in the
performance of any work or service required of the QUILCENE FAIR 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 QUILCENE FAIR
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 QUILCENE FAIR 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 QUILCENE FAIR shall maintain Workers' Compensation coverage as required under the
Washington State Industrial Insurance Act, RCW Title 51, for all QUILCENE FAIR employees,
agents and volunteers eligible for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The QUILCENE FAIR and the COUNTY agree that the QUILCENE FAIR 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 QUILCENE FAIR nor any employee of the QUILCENE FAIR shall be
entitled to any benefits accorded County employees by virtue of the services provided under this
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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 QUILCENE FAIR, or any
employee, representative, agent or contractor of the QUILCENE FAIR. The QUILCENE FAIR
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 QUILCENE FAIR 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 QUILCENE FAIR 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.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the QUILCENE FAIR 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 QUILCENE FAIR.
APPROVED and signed this �ay of January, 2017.
Attest:
*17 Carolyn very,
Deputy Clerk of the Board
Approved as to Form:
4ichael Haassecuting Atto ey
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kl-er-. Chair
QUILC FAI & PARADE ASSOCIATION
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Quilcene Fair & Parade
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: January 23, 2017
SUBJECT: AGREEMENT (11) re: 2017 Hotel Motel Grant Funding; 1) In the Amount of
$20,000; Centrum; 2) In the Amount of $64,076; Jefferson County Historical Society (JCHS);
3) In the Amount of $65,000; Jefferson County Historical Society (JCHS) - Gateway Visitor's
Center; 4) In the Amount of $29,535; Forks Chamber of Commerce; 5) In the Amount of
$7,714; Jefferson County Public Works, Olympic Discovery Trail; 6) In the Amount of
$5,000; WSU Extension Farm Tour; 7) In the Amount of $28,140; Jefferson County Parks &
Recreation; 8) In the Amount of $15,985; Quilcene Historical Museum; 9) In the Amount of
$53,800; North Hood Canal Chamber of Commerce; 10) In the Amount of $135,000; Tourism
Coordinating Council (TCC); 11) In the Amount of $3,500; Quilcene Fair & Parade
Association
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:
• Centrum:
$ 20,000
• Jefferson County Historical Society:
$ 64,076
• Jefferson County Historical Society Gateway Visitor's Center:
$ 65,000
• Forks Chamber of Commerce:
$ 29,535
• Jefferson County Public Works Olympic Discovery Trail:
$ 7,714
• WSU Extension Farm Tour:
$ 5,000
• Jefferson County Parks & Recreation Campgrounds:
$ 28,140
• Quilcene Historical Museum:
$ 15,985
• North Hood Canal Chamber of Commerce:
$ 53,800
• Tourism Coordinating Council:
$135,000
• Quilcene Fair & Parade Association:
$ 3,500
RECOMMENDATION:
Approve and sign the agreements.
RE BY:
Philip Morl ' nL_A mi-n�strator Date:
CONTRACT REVIEW FORM ,,/(( Z, _3
CONTRACT WITH: Quilcene Fair & Parade m4o&,7
(Contractor)
CONTRACT FOR: 2017 Hotel Motel Grant Funding (Lodging Tax) TERM:._. Ends 12/31/17
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Leslie Locke
(Person in Del
County Administrator
Philip Morley
ext. 383
RETURN BY:
AMOUNT: $3,500 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 B
Review by
Date Reviewed: —
APPROVED FORM M Returned for revision (See comments)
Comments: 4 (n�`�i�'l 1v to I��ti,. i,IJT 4 a s s4cZ�1ir/-
Step 2: REVIEW BY PROSECUTIN ATTORNEY
Review by:
Date Reviewed: Z. ,,
APPROVED AS TO FORM Returned for revision (See comments)
omments: r,.— -7 _ , l _ -- - - tea__ 0 — f ,,..,.-_ J
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.)