HomeMy WebLinkAbout121718_ca21 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: December 17,2018
SUBJECT: AGREEMENT re: 2019 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$12,000; Centrum
STATEMENT OF ISSUE:
This agreement provides grant funding for 2019 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:
Centrum $12,000
RECOMMENDATION:
Approve and sign the agreement.
REVI WED BY:
Morle O s . • Administ :tor Date:
E�
AGREEMENT FOR 2019 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
CENTRUM
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the CENTRUM(hereinafter known as "CENTRUM").
WHEREAS,the CENTRUM 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 Centrum 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 CENTRUM shall use its capabilities and utilize up to $12,000 of funding provided under this
agreement to continue and update the ongoing performance of the tourism promotion services
consistent with the Itemized List of Promotion Services and Lodging Tax Budget, a copy of which
is incorporated herein and attached hereto as Exhibit A.
SECTION 2: RESPONSIBILITIES OF CENTRUM:
1. On or before April 30; July 31; October 31, 2019; and January 31,2020,provide to the
COUNTY:
• A quarterly report of the use, services,programs and activities of the CENTRUM 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 2019.
2. On or before January 31,2019 OR upon execution of this agreement,whichever is later,
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, 2020.
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 CENTRUM.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the CENTRUM 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 CENTRUM 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$20,000 for 2019. 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, 2019 and ending on
December 31,2019,except for the reports referenced in Section 2,due January 31, 2020 and
February 28, 2020.
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.
Page: 2 of 8 Centrum
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
CENTRUM 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, CENTRUM 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 CENTRUM 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 CENTRUM's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the CENTRUM 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
CENTRUM'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 CENTRUM's negligence, or the negligence of the CENTRUM's agents
or employees.
The CENTRUM specifically assumes potential liability for actions brought against the COUNTY
by the CENTRUM's employees, or any other persons engaged in the performance of any work or
service required of the CENTRUM 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 CENTRUM 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 CENTRUM 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 CENTRUM shall maintain Workers' Compensation coverage as required under the
Washington State Industrial Insurance Act, RCW Title 51, for all CENTRUM employees, agents
and volunteers eligible for such coverage under the Industrial Insurance Act.
Page: 3 of 8 Centrum
SECTION 10: INDEPENDENT CONTRACTOR
The CENTRUM and the COUNTY agree that the CENTRUM 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 CENTRUM nor any employee of the CENTRUM 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 CENTRUM, or any employee,representative, agent
or contractor of the CENTRUM. The CENTRUM 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 CENTRUM 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 CENTRUM 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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r
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the CENTRUM 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 CENTRUM.
APPROVED and signed this day of
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, , Chair
Deputy Clerk of the Board
Approved as t F m: CENTRUM
Philip0-)* ( 7 jil-,___ /2/rAo
Hunsucker, Authorized
fficial
Chief Civil Deputy Prosecutor
Page: 5 of 8 Centrum
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and
Centrum Lodging Tax Budget
[Note: Centrum shall decrease total lodging tax expenditures to$12,000]
Centrum itemized List of Proposed Tourism Promotion Services in 2019
Jazz Times Magazine,Jan./Feb,and April 2019.Circulation 70,000 magazine readers. $1,818
Olympic Peninsula Getaway guide,Spring display ad.Circulation of 200,000 including $701
Vi/ashington State Ferries.
1859 Magazine,half-page ad, May/June,circulation 818,400,focus is Oregon,newsstand $1,400
distribution in 4 states and 1,050 hotel rooms in 8 Oregon cities
1889 Magazine,half page ad,April/May,circulation 826,800,focus is Washington, $1,400
newsstand distribution in 4 states and 650 hotel rooms in Seattle and Spokane.
KUOW-FM, 64 underwriting announcements,Spring/Summer 2015745,206 listeners in $8,333
Washington each week. 57%of listener household's annual income over 575,000. t
KNKX-FM,66 underwrIting announcements,April/May 2019.330,000 listeners $8.-333 I
throughout western Washington each week.
Poets and Writers Magazine,quarter page display ads,Jan,/Feb„ March/April,and $2,403
May/June 2019.Circulation 100,000 people throughout the US.
DownBeat Magazine,display ads,March 2019 Jazz Camp Guide and May 2019 Summer $1,750
Festival Guide.Circulation 68,000 people throughout the US who love jazz.
Writer's Chronicle,quarter page display ad,spring 2019.Circulation 35,000 copies with $645
an estimated readership of 54,000 people throughout the U.S.
Victoria Jazz Festival program guide,half page display ad,Ku-thence:43,000 people. $1,312
Acoustic Guitar Magazine,two display ads,April 2019,including website.54,000 readers $1500
throughout the US who like blues and other guitars styles.
living Blues Magazine,display ad,April 2019. Circulation of 16,000 throughout US. $1,038
JaazED Magazine, 1/3-page display ad,Mar. 2019,Circulation 13,000 jazz educators. $725
Printing of 8 season brochures promoting all Centrum programs for direct mail $8,000 !
throughout Washington and U.S. Distribution starting April 2019 at Jefferson County
Visitor Information Center,Port Townsend Visitor Information Center,B&Bs and hotels
in Jefferson County, and more.
Earshot Jazz Magazine,two 2/3-page display ads.June and July 2019.Circulation 6,000 $500
In Seattle.
JEN Conference,(Jazz Education Network), 1/3-page ad in program guide,circulation $480
5,000,conference held January 9-122019 in Reno,Nevada
Old-time Herald Magazine,full page inside cover color ad(fiddle tunes)and half page $1,108 I
color ad(Voice Works), May 2019. Readership:4,000 people throughout the US.
Fiddler Magazine, Full page ad,Spring 2019.Readership; 3,000 people in the US. ! $300
Wintergrass Music Festival program guide, full page ad,3,000 people in Bellevue,WA In $325
i_late February 2019.
KCTS Public Television,55 underwriting announcements,spring/summer underwriting 10 $8,333
to promote workshops and tic-ket sales in 2019,viewership of 2.4 million households.
Total expenses $50,404
Total requested from JCLTAC $25,000
Total front Board&individual donors $25,404
Page 6 of 8 Centrum
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 fitnrlingg to promote festivals,'Vial events and tourism-related activities through tourism-telaA'd faculties
owned or sponsored by non-profit organizations or the local jtuimdiction are required to complete this form for EACH activity.
1(hpaiatim Name: Reporting Year
2 Sponsor Type(Check One): Q 501(cx3) Q 501(0)(6) Q Luna Jurisdiction °Other(Expo):
3 Activity Name
4 Actzciry Type(Check One): 0 Event'Festiral* Q FaciliM 0 Madezng'
5 Activity'Start Date*:
t&thin,Earl Date':
Total Cost of Activity: S
11 Amount Requested: S
9 Amount Awarded S
10 Overall Attendance* 13 Number of Attendees Who Staved Overnight in Unpaid Atcommodatims'
a) Pm ectad' a) Projected'
b) Actual* b) Actual'
c) Methodology(Check One): °Direct Count* c) Methodology(Check One): 0 Direct Cmnt'
°fit Com' 0 'e Surv& Indirect Come °Reprl5enhtir4 Survey'
81cfccoal surer' °Snvctured Estimate' 8lofommai Survey' °Srnrmred Estimate'
Other(explain): (esplii�:
11 Number of Attendees Who Tm'Jed 50 Miles or Mote 14 Number of Ane deer Who Stayed Overnight u Paid Accommodations' '
a) Projected' a) Projected*
b) Actual' b;) Actual'
c) Methodology(Check One): °Direct Carat' c) Methodology(Check Obe): 0 Direct Coins'
8 Indirect Count* Representat ve StuYey' Indirect CameRepasentatise Survey"
hrfomnal Survey* °Structured Edimare' g Informal Sunray' Structured Estimate'
°Other(explain): 0 Other(explain):
12 Number of Attmeiee;Who Traveled from Another State or Canny' 15 Number of Paid Ledging Nights'
a) Projected' a) Projected'
b) Actual* b) Actual'
c) Methodology(Creek One): 0 Direct Cam' c) Methodology(Check One): °Direct COM*
0 Indirect Cour' °Reprseeative Survey* 0 Indirect Come °Reprsentati<e Survey"
•informal Sumer' QSnucmred Estimate' 0 Iof mal Survey' 0 Structured Estimate'
•*,. (explain): Q Other(explain):
*See Lodging Tax Yearly Reporting Defiiitions:instructions
Name of lndmdual Who Prepared Report:
Pow*s: E-Mail Address:
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 Jefferson Street
P.O.Box 1220
Part Townsend,WA 98368
jeffboceaco jefferson.aa.us
DEADLINE:February 18th of Lack Reporting Year
Page 7 of 8 Centrum
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 Centrum