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HomeMy WebLinkAboutJefferson County Chamber of Commerce - 021218AGREEMENT FOR 2018 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: 1. 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 9 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, 2018; and January 31, 2019, 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 2018. 2. On or before January 31, 2018, provide to the COUNTY: • A billing statement requesting payment of Hotel -Motel Funding for the current year. 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, 2019. 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 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 9 Jefferson County Chamber of Commerce 2. Said funding is in the sum of $19,468 for 2018. 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 Janary 1, 2018 and ending on December 31, 2018, except for the reports referenced in Section 2, due January 31, 2019 and February 28, 2019. All activities performed pursuant to this Agreement within its term and prior to its execution are hereby ratified. 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 9 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. Worker's Compensation and Employer's Liability Insurance as required by the State of Washington. 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. 2. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $1,000,000 per occurrence in connection with JCCC's performance of the contract, including: a. Owned Automobiles; b. Hired Automobiles; and C. Non -owned Automobiles. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000.00) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including: completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Said commercial automobile liability policy and general commercial liability policy shall name the County as an additional insured and shall include a provision prohibiting cancellation or reduction of coverage of said policy except upon thirty (30) days prior written notice to the County. Certificates of coverage as required by this Section shall be delivered to the County Page: 4 of 9 Jefferson County Chamber of Commerce within thirty (30) days of execution of this Agreement. The County may, upon the Contractor's failure to comply with any or all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. All insurance policies obtained by JCCC in order to comply with this Section shall be primary and non-contributory as against any coverage provided through any memorandum of coverage for third party liability claims or actions obtained and retained by the County through a Ch. 48.62 RCW "Risk Pool." It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. The insurance maintained by JCCC under this Agreement shall not in any manner limit or qualify the liabilities or obligations of JCCC under this Agreement. 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. Page: 5 of 9 Jefferson County Chamber of Commerce 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 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. j fig APPROVED and signed this / day of , 2018. JEFFERSON COUNTY Attest: B7t OF I NERS Carolyn allaway, David Sullivan, Chair Deputy Clerk of the Board Approved a to Form: • �' _ Z1,6" Philip Hunsucker, Chief Civil Deputy Prosecutor JEFFERSON COUNTY CHAMBER OF COMMERCE uthorized fficial Page: 6 of 9 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: $3,998 ProposedLTAC Support .................................................................. $3,998 Jefferson County Chamber Map Details and Cost Quantity: 80,000 maps Distribution Reach: 330,000 with impressions exceeding 40 million = WA State Ferry, Black Ball Ferry, Visitor center Walk-ins Printing Cost (additional printing of 20,000) .............................................. $3,000 Distribution Cost (includes multiple pockets at each location) ..................... $7,250 Proposed LTAC Support...................................................................... $10,250 Washington State — Easy Fold Road Map Ad Quantity: 80,000 maps Distribution Reach: Over 100 resorts, gift shops, grocery and convenience stores, Information Centers and Chambers throughout Washington State Design............................................................................................. $100 2.25 wide by 2.5 inch high..................................................................... $920 This includes 500 free maps Proposed LTAC Support ..................................................................... $1,020 Free Outdoor Movie Night in Port Ludlow Design and printing of all marketing materials (10) 4'x10' outdoor banners with stakes ................................. $ 750 (20) 24"x36" yard signs with stakes ....................................... $ 350 (100) posters and flyers —standard and 11"x17.. ....................... $ 300 Social Media advertising.................................................... $ 700 Advertising — yachting magazines/communities ....................... $1,380 Create media promotional material (6) at $120 per hour............ $ 720 Total Marketing Costs (Proposed LTAC Support) ......................... $4,200 ProductionCost............................................................................ $6,900 TotalEvent Cost........................................................................ $11,100 (asking for support in covering 38% of total cost) Page 7 of 9 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 Orgamznunr, recen-ing fanding to promote fe:;trvalss. special e%vnt and touni:m-related actrintiess through tourism -related, facilme: owned or sponsored by nm -profit organization; or the local jurisdiction axe zeqwed io complete thn form for EkCH actnity 1 organuaften Name: Pipmung Yea- '- Spo— Type (Clack One): 0 501(c)(3) 1-0 5D106) 0 LOCK Jur Wim- C) O&ff (E* =): 3 ActrviryName- 4 A=M, h?e (Check One): 0 EventTeitwal* 0 F-fluy- 0 M.'emir 5 Activity Sint Date*: 5 Actrtuy End Pate*: 7 Total Cost ofAcmvr. $ 3 Amot= Requested: $ 9 Amc=.kvarde& S 10 Overall -At=dance' a) Pu;.WKted- b) Actual* c) Me&*doiogv i,Cteck OOne) DireCmicr* , obidixect Ca= C>ep.ecaa.. S.,- lablaral 0SructurA1Esdmare* Other (slam": 11 Munber of Attendees ql:o Tmvied 50 Miles ocMwe* a) Projected' b) Act is c) Medxxioioty (Check One) Direct Coucr* kdUlCt CQUET* R4..=me S=ev- lifarmal Stover* Swx=ed Estimate* 0 O!hs te%plam),: 12 Nurcber ofAtterdee; Who Tim-eiel. Toru .Amber State or Courz- Pro-,--ed* b) Acma.- C) MediocWiDgy (Check 0-), 0 Direct Comir, kA. coant. ()Represen=,e Sure ifam-1 Surrey* ()SIracwedl:sumate# ()0tb,er leTlam": 'See Lodging Tax Yearb- Reporting Definitions Instructions .ti acne ca TzdL2s&,o1 ql:co z ei:eN,- zbcme =: E-Mad.Addmns RETURN THIS FOR-Nf TO� Jefferson County Administrator's Office 1820 Jefferson Street P.O. Box 1220 Port Townsend. WA 98369 jeffbocoii,cojefferson.wa,un- I ' Number ofAnerdeei 1%7ho Stayed Overm-gh = Unpaid Act naps* a, Projected* b) Acrja:- C Me�Dr i Check One): rzect cow- ldirec, Count- oRqxreseciattve Suru,- 1finnal Storer* scru,"ned Estimate* )0t.'eTlaca): 14 \uzber of Atiec lees Who Stn -ed Ovwmgk m Paid Arcommodanons a) Projected* b) Act,,:# c) Mr6D&logy' (Check One): DUWT 3n3at+ t --iardirecr CMt. 0R.[..Tacve- Suey- T"fiffma, Sunw* 0 Saucnued &-cmiam* odier ie*arnj: 15 Number of Paid Lodging \L&i* a) pmecledo b) Acma? c) Medo&IDgy (Check One): 0 Direct C4=* 0 1direa'Come Survey* 7-f-inal Surrey* Sm..d Es.- Oter feviaui): DEA-DLENE, Februar}- 28th of Each Reporting Year Page 8 of 9 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 9 of 9 Jefferson County Chamber of Commerce 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 12, 2018 SUBJECT: AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $19,468; Jefferson County Chamber of Commerce STATEMENT OF ISSUE: This agreement provides grant funding for 2018 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, as recommended by the Lodging Tax Advisory Committee. FISCAL IMPACT: Jefferson County Chamber of Commerce $19,468 RECOMMENDATION: Approve and sign the agreement. REVIEWED ED BY: Morley, oun Administrat 2 -As Date: CONTRACT WITH: CONTRACT FOR: CONTRACT REVIEW FORM Jefferson County Chamber of Commerce i 9? -011 (Contractor) 2018 Hotel Motel Grant Funding (Lodging Tax) TERM: Ends 12/31/18 COUNTY DEPARTMENT: County Administrator For More Information Contact: Philip Morley NOY I a 2012 Contact Phone #: ext. 383 RETURN TO: Leslie Locke RETURN BY: (Person in Department) (Date) AMOUNT: . $19,468 Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds: Step 1: REVIEW Bi! Review by: PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Date Reviewed: APPROVED FORM Returned for revision (See comments) Comments: Zc-�c�v5 C LCC Step 2: REVIEW BY Review by: Date Reviewc APPROVED AS TO FORM Comments: MReturned 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 13, 2018 Jefferson County Chamber 2409 Jefferson Street, Ste. A Port Townsend, WA 98368 Re: Agreement for 2018 LTAC Funding — Jefferson County Chamber of Commerce Dear Jefferson County Chamber, Enclosed for your signature are two (2) original agreements for 2018 Lodging Tax Funding. Please sign both originals, keep one original for your records and return the second original to the address listed above. Please remember that on or before January 31; April 30; July 31; October 31, 2018 and January 31, 2019 you are required to provide to the County: • A quarterly report of the use, services, programs and activities 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 2018. Thank you for your assistance. Sincerely, Al eslie Lock Executive Assistant Enclosure Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc(aco.jefferson.wa.us February 27, 2018 Leslie Locke, Executive Assistant Jefferson County LTAC 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 Leslie: The Chamber F .JEFFERSON COUNTY building business, buil 11" EC F I V E D MAR 0 2 2010 OANJ tx,. Thank you and the Commissioners again for your generous support of the Jefferson County Chamber in 2018. We are grateful for your endorsement and support. Enclosed please find our fully -executed contract along with an invoice for our 2018 grant award. We will await further instructions from you regarding the final dispensation for the 2017 Port Ludlow sign project, per our e-mail exchanges in recent weeks. No new developments exist on that score at this time, from our vantage point. Our new Executive starts this Monday, March 5. 1 will make sure she has a chance to meet Philip and the Commissioners in the coming weeks. Again, thank you, on behalf of our board and staff, for your generous support. It means a great deal to us and our members. Sincerely yours, ,Robert A. Birman {Board Chair