HomeMy WebLinkAbout052019_ca05 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: May 20,2019
SUBJECT: AGREEMENT re: 2019 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$19,900; Jefferson County Chamber of Commerce
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 Chamber of Commerce $19,900
RECOMMENDATION:
Approve and sign the agreement.
' ../111
-l �pow
p o ty c1dminis ator Date:
AGREEMENT FOR 2019 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
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 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 2019.
2. On or before January 31, 2019 OR upon execution of this agreement,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.
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 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.
Page: 2 of 9 Jefferson County Chamber of Commerce
SECTION 3: RESPONSIBILITY OFFF
JE ERSON COUNTY
1. 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.
2. Said funding is in the sum of$19,900 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. 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
Page: 3 of 9 Jefferson County Chamber of Commerce
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.
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.
1. 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.
3. 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.
Page: 4 of 9 Jefferson County Chamber of Commerce
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
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.
Page: 5 of 9 Jefferson County Chamber of Commerce
•
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.
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.
APPROVED and signed this day of
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, Chair
Deputy Clerk of the Board
Approved as to Form: JEFFERSON COUNTY CHAMBER
n� OF COMMERCE
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 6 of 9 Jefferson County Chamber of Commerce
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
[Note: Jefferson County Chamber shalt decrease total lodging tax expenditures to$19,900]
Get Away Guide Proposed Support
Quenity 00,000
Distribution Reach 50000
Printing&Distribution Cost 4150
Proposed LTAC Support 4750 4,750
Chamber lucerne 0
Jefferson County Chamber Map
QuonIty 100,000
Distribution Reach(impressions)
Printing&Distribution Cost 13,550
Proposed VAC Support 13,550 13,550
Chamber Income 0
Washington State Road Map
EZ fold Ctuanity 100,000 maps 1,450
Distribution/Reach 100+outlets
Creative 150
Production 1,600
Proposed LTAC Support 1,500 1,600
Chamber Income 0
Total LTAC Approved Support: $19,900
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
Organizations receivingfoiinE to promote.ftivals,special events aiad related activities tough
cowned or spcmsored hy non-p i fit organizattom or the local jurisdiction are required too cornplete this font
1 NameRep :
2 Sponsor Type(Clerk Ow): 501(cX3) 501(cX15) Local Jurisdiction Other(Eyler
3 ActivityNao
4 Activityape(Check One): Eieeae¢E vat* Facility* Marketing*
5 itntivity Start Dente*:
Actively End Date*:
7'Ibtal Oust of :
$Amwint Requested:
9 Amount Awarded: $
10 Overall attend rn* 13 Number ofAttendees Who Staff
a) Projected* a) projected*
b) * b) Actual*
c) Methodology(Clack CSSc ()Direct Com* c) MettodoIngy : I n
Come CIRepresenative Ct*
Ste* Structured E ate* In5zental Suive " 0 Structure
11 Number®f Attendees Who Traveled 50 Miles or More* 14 Ninnberuf Attendees Who Stayed oto
a) * a) d*
b) * b) Actual*
c) Idethodolou(Check ): ()Direct Count* c) blethadolog(I:heck One): Tl.
84 kidirect Count* 8Collie 8Represtmi
Survey* Strictured +are* Infomal Sarver Str cturei
Othe(explain): (explaM):
12 Member of Attendees Who Traveled hum Another Std or 15 Number o Faid I-odging Nights*
a) * a) Projected*
b) Actual* b) *
c) littifthoiology(Clack One): Direct Cwt* c) liketbudolou(Check One): I
Indirect Count* ()Representative Survey* Cwt*
it,inkunni&min. Estimate* " afamai Salvey* &mom
ft,OtbaT( n) :' Otter( =
*Sege Lodging Tax Yearly Reporting Definiiionsilnstructions
ham®f 1r0E1,1al Who dropaTed Rzporr.
PhcaoAckiren:
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