HomeMy WebLinkAbout042919_ca04 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: April 29,2019
SUBJECT: AGREEMENT re: 2019 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$10,278; Jefferson County Farmers Market
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:
Jefferson County Farmers Market $10,278
RECOMMENDATION:
Approve and sign the agreement.
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AGREEMENT FOR 2019 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY FARMERS MARKET
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY"
and JEFFERSON COUNTY FARMERS MARKET(hereinafter known as "FARMERS MARKET").
WHEREAS,FARMERS MARKET is a Government Agency 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 FARMERS MARKET 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
FARMERS MARKET 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. FARMERS MARKET shall use its capabilities and utilize up to $10,278 of funding provided under
this agreement to promote the Chimacum Farmers Market,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.
SECTION 2: RESPONSIBILITIES OF FARMERS MARKET:
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 Chimacum Farmers
Market 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 invoice 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.
Page: 1 of 7 Jefferson County Farmers Market
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 FARMERS MARKET.
b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or
not)by FARMERS MARKET 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 FARMERS MARKET 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$10,278 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.
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. FARMERS
MARKET may terminate this Agreement upon thirty(30)days written notice to the COUNTY. In the
Page: 2 of 7 Jefferson County Farmers Market
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, FARMERS MARKET 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 FARMERS MARKET 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 FARMERS MARKET'S negligence or breach of any of its
obligations under this Agreement; provided that nothing herein shall require the FARMERS
MARKET 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 FARMERS MARKET'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 FARMERS MARKET's negligence, or the negligence of the
FARMERS MARKET's agents or employees.
The FARMERS MARKET specifically assumes potential liability for actions brought against the
COUNTY by the FARMERS MARKET's employees, or any other persons engaged in the
performance of any work or service required of the FARMERS MARKET 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 FARMERS MARKET
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 FARMERS MARKET 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 FARMERS MARKET shall maintain Workers' Compensation coverage as required under the
Washington State Industrial Insurance Act, RCW Title 51, for all FARMERS MARKET employees,
agents and volunteers eligible for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The FARMERS MARKET and the COUNTY agree that the FARMERS MARKET 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 FARMERS MARKET nor any employee of the FARMERS MARKET
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
Page: 3 of 7 Jefferson County Farmers Market
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 FARMERS MARKET, or any
employee, representative, agent or contractor of the FARMERS MARKET. The FARMERS
MARKET 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
FARMERS MARKET 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
FARMERS MARKET 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 Jefferson County Farmers Market 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 Jefferson County Farmers Market.
APPROVED and signed this day of
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, Kate Dean, Chair
Deputy Clerk of the Board
Approved as to Form: JEFFERSON COUNTY FARMERS MARKET
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 4 of 7 Jefferson County Farmers Market
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
JCFM Proposed 2019 Budget For Chimacum Farmers Market Promotion
Promotion Type Funding Source Total Note
We co-promote the Port
Promotion in the Leader, Townsend and Chimacum
PON, Visitor Guide, )CFM and Market Farmers Markets with
Chamber Map Sponsorships $ 6,000 monthly ads.
As a sponsor, the Leader
Port Townsend Leader provides us with two 1/2
print advertisement In-Kind print sponsorship $ 2,000 page ads.
We will seek partnerships
with area businesses to
increase the size of these
Edible Seattle Ads Jeff Co Lodging Tax Grant $ 2,250 ads and co-promote.
On the WA fairies all
Waterside Magazine Jeff Co Lodging Tax Grant $ 1,175 season long!
Boosted Facebook
promotions weekly June
Facebook Jeff Co Lodging Tax Grant $ 500 through October.
JCFM will pay for the
printing and distribution
Summer Market of summer postcards for
Promotional Postcard distribution in Port
,Printing JCFM $ 1,500 Townsend.
Printing of postcards to
be distributed In the
Summer Market county at local lodging,
Promotional Postcard visitor centers and
Printing Jeff Co Lodging Tax Grant $ 500 businesses.
we designed a beautiful
walking map with your
support this season.
Reprinting and
Chimacum Farm Stand distributing of this map in
Walking and Bike Map Jeff Co Lodging Tax Grant $ 2,153 Jefferson County.
Help us bring visitors
back to Jefferson Co. with
Live Market Music Fund Jeff Co Lodging Tax Grant $ 2,200 weekly live market music!
In-house and Professional
Ad design Lodging Tax grant $ 1,500 design work for ads.
Total Request Jeff Co Lodging Tax Grant $ 10,278
Total Advertising Budget $ 19,778
Page 5 of 7 Jefferson County Farmers Market
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 festival,,special eves and tourism-related actitdies through tourism-related facilities
owned or sponsored by non-profit organization,or the local jurisdiction are requued to complete this form for EACH activity.
1 Organization Name: Repaving Yew:
2 Sponsor Type(Check One): 0 501(c)(3) 0 501(06) 0 Local Junsdiaion QOthor(Explain):
3 Activity Nen
4 A&t iiry Type(Check One): 0 Et 'Festival' Q Facility* Q Mai:eeting'
5 Aitiriry Stat Date':
6 Actism End Dace':
Taal Cast of Activity: S
S Amount Redlaested: S
9 Amara Melded: S
10 Overall Attendance' 13 Number of Attendees Who Staffed Overnight n Unpaid Accummcclatiens'
a) Projected' a) Projected•
b) Areal* b) Actual'
c) Methodoiogv(Check One). °Direct Caumr' c) Methodology(Check One): 0 Daect Cams'
Oladitegl CMir QRelaesentadse Saner-' QInditect Come' ( pe5enoe Satre
8 Informal Survey* °Sdracuaed Estimate' 8Inkanhal Survey' 0 Strummed Estimates
�
a (explain): (e :
11 Number of Attendees Who Traveled 50 Miles or Mme' 14]Naber of Attendees Who Stayed Os a rigb t u Paid Acco®odatioce*
a) Pmletud' a) Projected'
b) Amer b) Actual'
c) Ddethodciogv(check One): ODirect Cam' c) Methodology(Check One): Q Detect Cam'
Indirect Coate Q r%e Sky*
biome] Q cued Estimate* 8Indirect Count* 81temesermathe Survey*
Datil Suver Streamed Estimate'
O Other( ): Q Other(
12 Number of Attendees Who Traveled fern Another Sate ar Camay' 15 Nimber of Paid Lodging Nights'
a) Pm> ' a) Preened'
b) Actual' b) Actual'
c) Medsadoi igv(Check One): Q Direct Calm' c) Methodology(Check One): Q Direct Com'
0 Indirect Comer' ORepresentaate Survey* 0 Indirect Cwt' QRepagseaati a Shyer`
skfaraial Suve* °Sc cned Estimate' Q lafu®al Survey O Strmmed Estimate'
Other( ): ®O
(explain):
*See Lodging Tax Yearly Reporting Defraitions±Instructions
Name of iodbvidual Who Prepared Report.
Phases: E-Mail Address:
RETURN THIS FORM TO:
Jefferson County Admimstratofs Office
1820 Jefferson Street
P.O.Box 1220
Port Townsend,WA 98368
jeflboccia`co_jeffersotlua.u
DEADLINE:February 28th of Each Reporting Year
Page 6 of 7 Jefferson County Farmers Market
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 7 of 7 Jefferson County Farmers Market