HomeMy WebLinkAboutNorth Hood Canal Chamber of Commerce and Visitor Center - 121718 •
'trig: t‘lit' 9l i
C
AGREEMEN]JFOR 2019 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
NORTH HOOD CANAL CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the NORTH HOOD CANAL CHAMBER OF COMMERCE(hereinafter known
as "NHCCC").
WHEREAS,the NHCCC 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 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 North Hood Canal Chamber of Commerce to
operate visitor centers in Quilcene and Brinnon;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The NHCCC 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. Be responsible for the daily operation and continuation of the Quilcene Visitor's Center
and the Brinnon Visitor's Center and provide visitor information materials for the
Dosewallips State Park, consistent with the Itemized List of Proposed Tourism Promotion
Services and NHCCC Lodging Tax budget, a copy of which are incorporated herein and
attached hereto as Exhibit A.
SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF
COMMERCE
1. On or before January 31; 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 NHCCC under this
Agreement for the prior quarter;
Page: 1 of 8 North Hood Canal Chamber of Commerce
• 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)
and July 31,2019,provide to the COUNTY:
• A billing statement requesting payment of Hotel-Motel Funding for the current half
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, 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 NHCCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the NHCCC 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 NHCCC 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$64,200 for 2019. Semi-annual payments of$32,100 will be
made in the first and third quarter of 2019. Payments are 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.
Page: 2 of 8 North Hood Canal Chamber of Commerce
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.
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
NHCCC 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,NHCCC 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 NHCCC 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 NHCCC's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the NHCCC 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 NHCCC'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 NHCCC's negligence, or the negligence of the NHCCC's agents or employees.
The NHCCC specifically assumes potential liability for actions brought against the COUNTY by
the NHCCC's employees, or any other persons engaged in the performance of any work or
service required of the NHCCC 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 NHCCC recognizes that this waiver was
Page: 3 of 8 North Hood Canal Chamber of Commerce
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation.
SECTION 9: INSURANCE
The NHCCC 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 NHCCC shall maintain Workers' Compensation coverage as required under the Washington
State Industrial Insurance Act, RCW Title 51, for all NHCCC employees, agents and volunteers
eligible for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The NHCCC and the COUNTY agree that the NHCCC 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 NHCCC nor any employee of the NHCCC 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 NHCCC, or any employee, representative, agent or contractor of the
NHCCC. The NHCCC 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 NHCCC 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 NHCCC 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 8 North Hood Canal 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 NHCCC 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 NHCCC.
APPROVED and signed this f 76day of &-,.; 24:)1&--
JEFFERSON
(&--
JEFFERSON COUNTY
Attest: BO ' ► •F COMMISSIONERS
edel-Oefl—
Carolyn Gallaway, Chair
Deputy Clerk of the Board
Approved as to Form: NORTH HOOD CANAL CHAMBER
cp C. / �' lzkhe �� t . 1'6
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 8 North Hood Canal Chamber of Commerce
EXHIBIT A
NHCCC Lodging Tax 2019 Budget
2019 Web Site
Enhancement
Request: Budget
Budget
• The web site enhancement project
will cost approximately$3,000.
• The Chamber will fund$1,000 of the
cost.
• We are seeking$2,000 In two-for-one
matching funds.
..�f wr North Hood Canal Chamber of Commerce
O/721If Budget Overview
Arena Bad" Amory through December MO
10 Qmnpber Bends sM tedelisTiersoo TOTAL
Jan•Dae 11 Jan-Coe 16 Jim-Doc 111
Ordemy Inecenstexpenee
Imam
f•Blend Insane plyvrra
Oa•Lad Iaonr..m eantrada 62,206.00 62.200.00
Ills•Oua•.Ila.bar 2,34000 2,34000
1315•mama!M elta5Ir I. vloge 10.00 15.00 2500
1448•!hear air•I.van6*ry 2,700.00 2,70000
1680•AdvwOalol ray.otaa 3000 30.00
Tort f•Bard lama Palma 5.06000 62.215.00 8721)6.00
Tail lama ...5.060.00 62.21500 ....67.295.00
Orae M1oat 6.060.00 62.21500 67295.00
Espana
7•►r*pr.bargee•
TON•0tr.nt i pr*prw mama 2,600.00 2.400.00
110•galena*a mated elmaara. 56.180.00 56.860:00
7100.Oita&wrvbaa 800.00 600.00
Tart 7•Preplan Samoa* 2,400.00 57,660.00 60,000.00
I•Adrrrrrta.0a*exam*
all•lleapereonnel apereee 1.306.00 2,436.D0 3,740.00
I5111•cent=Weft 1,326.00 2,100.00 3,425.00
OO•tl,raraaa aspen's* 5050 50.03
Tail$•Adarad aExpare 2,660.03 4,535.00 ..._7.216.00
Taal Espana 5,1390.00 62,215.00 67,206.00
Mat Ordinary Income 0.00 0.00 '.., 0.00
Netlnoo.r 0.00 0.01 LOC
Page 6 of 8 North Hood Canal 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 f0nAiTIE to promote fesm-als,special events and tourism-related activities through tounsus-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 Spoma Type(Check One): °501(cx3) 0 501(0(6) °Laud Jurisdiction °other(Fxpt.iu):
3 Activity Name
4 ko irr Type(Check One): 0 Ev®riFestival• °Facility' Q Maketing•
5 Activity Start Date•:
b Actn tv End Date':
Total Cost of Acuvrty S
8 Amamm Requested: $
9 Ammar Awarded S
19 OverallAttendance' 13 Member of Attendees Wbo Stayed Overnight n Unpaid Accommodatiaas•
a) Projected' a) Projected'
I)) Adaad• b) Actual'
c) Methodology(Check One): °Direct Cant• c) Methodology(Check One): 0 Direct Cont'
°Indirect Count' °Rrpaeseraative Survey' °Ind¢enr Coml. QRrpitsanatise Sunny
SInformal Survey" CSuuctured Estimate" 8Ist�mal Suuvey' 0 Strummed Estimate'
O (explain): (mp :
11 Number of Attendees Who Traveled 50 Miles err Mme' 14 Number of Attendees Who Stayed Overnight a Paid Accommodations•
a) Protected" a) Pj '
h) Acmal• b) Actual'
c) Methodology(Check One): Q8 Direct Cony c) Me8thodaiogy(Check one): °Direct Cont•
Indirect Court• 0 Rgaese retire Surrey Indirect Coat' 8Repaesntaave Survey'
Inht�d Survey °Structured Estimate' Informal Slaver Structured Estimate'
C Oar(explain): 0 Other(eaplaon):
12 Number of Attendees Who Traveled fain Anther State or Country' 15 Number of Pad Lodging Nights"
a) Projected' a) Projected'
b) Acmal' b) Actual"
c) Methodology(Check One): °Direct Cama• c) Methadone.(Check One): 0 Direct Corot•
0 Indirect Count' CRquesanarive Slimy' 0Indirect Coom' QRepresaliative Surrey'
•I¢4tma1 Survey* 0 Structured Estimate' 0 Internal Survey °Structured Estimate*
•e,.:(egtlain): 4 Other(explain):
*See Lodging Tax Yearly Reporting DefinitionsInstructimes
Nye of Individael Who Prepared Report
Phan a: E-Mail Address:
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 Jefferson Street
F.O.Box 1220 rm ord..v ]Y, r.m 3,
Port Townsend.W'1"`«". are o.00 o.
jetffbocciaco.jeffer_....... _.
DEADLDTE:February-:8th of Each Reporting Year
Page 7 of 8 North Hood Canal 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 North Hood Canal 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: December 17,2018
SUBJECT: AGREEMENT re: 2019 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$64,200;North Hood Canal Chamber of Commerce and Visitor
Center
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:
North Hood Canal Chamber of Commerce and Visitor Center $64,200
RECOMMENDATION:
Approve and sign the agreement.
RE ESB •
toir' 41r1P
2,/" f
j' i p Morley, 'o y Ad in' Date:
CONTRACT REVIEW FORM
CONTRACT WITH: North Hood Canal Chamber of Commerce and Visitor Center ( r,1,)g
(Contractor)
CONTRACT FOR: 2019 Hotel Motel Grant Funding(Lodging Tax) TERM: Ends 12/31/19
r
dalt, ,For 11?�r+e Jnfo rma o�contact ''5''''A‘
7 gi r
i
RE,r,,,,...„,..„,1,0: = -Leslie Lock _: ,... t , ,> '
a t;o meat i s
AMOUNT: $64,200 PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: Cooperative Purchase
Expenditure: — Competitive Sealed Bid
Matching Funds Required: _ small Works— Roster
Source(s) of Matching Funds: _ Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY RISK = E +
Review bY: ig
`� �� `/lam .
s--
- ill)
Date Reviewed:
APPROVED FORM Returned for revision(See comments)
Comments:
Step 2: REVIEW BY PROSECUTiNReview by: • C• / Z! NEY
Date Reviewed: (2j5--//#
E('
APPROVED AS TO FORM Returned for revision(See comments)
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.)