HomeMy WebLinkAboutQuilcene Historical Museum - 052019 •
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AGREEMENT FOR 2019 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE HISTORICAL MUSEUM
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the QUILCENE HISTORICAL MUSEUM(hereinafter known as "MUSEUM").
WHEREAS,the MUSEUM is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by documenting,preserving and
displaying County heritage for the benefit of its residents and to encourage tourist interest in
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 Quilcene Historical Museum to promote,
operate and maintain the museum as a cultural resource and tourism destination,and to provide
information to tourists and residents about the local area;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The MUSEUM 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
consistent with 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:
1. Operation of the Quilcene Historical Museum and programs, including:
a. Care of the collection for its long-term maintenance.
b. Outreach to County residents through educational programs and Museum exhibits
regarding cultural and natural heritage.
c. Continued documentation of County heritage through collecting, oral history, research
and other means.
d. Advocacy of heritage preservation through all available means including the
enhancement of heritage based tourism for the economic development of the County.
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.
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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.
4. As vacancies occur, recommend potential representatives and alternates for inclusion with
other candidates for consideration by the Board of County Commissioners for appointment
to the Tourism Coordinating Council to represent the Quilcene region.
SECTION 2: RESPONSIBILITIES OF THE QUILCENE HISTORICAL MUSEUM
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 MUSEUM 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)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 MUSEUM.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the MUSEUM 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.
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SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
1. The COUNTY will provide the MUSEUM 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$34,840 for 2019. Semi-annual payments of$17,420 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.
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
MUSEUM 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, MUSEUM 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 MUSEUM 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 MUSEUM's negligence or breach of any of its obligations
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under this Agreement; provided that nothing herein shall require the MUSEUM 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
MUSEUM'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 MUSEUM's negligence, or the negligence of the MUSEUM's agents or
employees.
The MUSEUM specifically assumes potential liability for actions brought against the COUNTY
by the MUSEUM's employees, or any other persons engaged in the performance of any work or
service required of the MUSEUM 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 MUSEUM 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 MUSEUM 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 MUSEUM shall maintain Workers' Compensation coverage as
required under the Washington State Industrial Insurance Act, RCW Title 51, for all
MUSEUM 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 MUSEUM'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;
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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
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 MUSEUM 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 MUSEUM under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of MUSEUM under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The MUSEUM and the COUNTY agree that the MUSEUM 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 MUSEUM nor any employee of the MUSEUM 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 MUSEUM, or any employee,representative, agent
or contractor of the MUSEUM. The MUSEUM shall be responsible for all applicable
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withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations,
and all other obligations of an independent organization.
SECTION 11: COMPLIANCE WITH LAWS
The MUSEUM 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 MUSEUM 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 MUSEUM 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 MUSEUM.
APPROVED and signed this 20' . day of'Pia,
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, Chair
Deputy Clerk of the Board
Approved as to Form: QUIfENE �' ISTORICAL SOCIETY
cs 44_1*
Philip Hunsucker, / u . • t A
Chief Civil Deputy Prosecutor
Page: 6 of 9 Quilcene Historical Society
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
1.Visitor Drofliotion. informational&conveniences Mown Emmen Cads#16112 $ 3,815
1 6 71-4:
Ayers,watts,banners 200 -IiJO.- 900 S11,040
media 100 - 2:0 - 300
event ads 150 - I - 350
signage 1100 - :no-2000
exhibits 325 - 925 -3325
newsletters 900 -1 EGIS,-1600
brcichises 2E5 - 765
conveniences '- 700
invitations 175 - (100
2. Cooperative Partnerships&Collaborations mum=Expense Cods It 46116 ...... $2120
I 7,7
ex,FAM tour,Culinary Loop,101 Brewery S2500
CA110,Qu&ene Fair,Orrikene PJumni
OPTC,OPVB
Siete,Regional,&Matte' al memberships
Chambers of Commerce
Marathon,concerts,holiday events,weddings.,reunions,logging forestry tours
Quilcene I Brinson Garden gib,school educational&scholarship programs
Children programs I.events,Local Farms&Seafood produce:.
Farmer Markets,Car&RV tours,Disc Golf,Dog Training,Victoriana tours&education
3.Museum web-sites&Social Media.ISP,Phone ilusomm Bemis.Code#66116 $MOO
$506C
domains,upgrades&maintanatx.e,enhancement Mth links lo JefiCo lodging,ding and events $6000
4.Special Events,Promotions,Marketing Museum Expense Cads 46120 . $3450
Map Sun;NW Navy Life Circular rt-i-G--500)A 8 E Circular;145 285) Promotional Event Fairs1501,,500) $7850
Media/Ads&Protivotionils 106, 1065) Rental Pootfolio Packet,'104x) 3000) ',briefing Research(2500)
S.Professional Services.Projects illosous&wenn Code 0116122 .. . ,,.. los
$30t,f)
design.graptlics,=lent.branding,advetsing,web input 1200-60122-600 $5050
Ora/History Project(interviewer,supplies) 550-15.1 -350
Jefferson County history I culture publIcalions 1050-200-200
Accessioning input 300- -1500
Proressiorral Services -SI 600 2440
6.Travel/conferences.postaae.copies,office 6-700 :lc 52400
Conference?Convention I Meeting 100- 00-200 likeeon Emmen Code*66130
Office Expense ,Program 200-- -400 lamer'Expense Cods.66171
Travel 100-000-300 Massimo&poen Coati 46195
°firm Expense,Administration 100-:,:jr.) 500 * sen Expense Code*66265
Postage.Administration 100- ifl-700 Memo Expense Code*66247
Printing and Copying,Adm.!- 100-'1,, 300 Masson Fawn Cods*UM
TOTAL LUC 2017-2018-2010 fewest for Museum tooeS01 oromodcn/ a $15,985 i 134, 840
Page 7 of 9 Quilcene Historical Society
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 festivals,special event and tourism-related actisities through tourism-related facilities
OWIled or sponsored by non-protit orgarrizations or the local jurisdiction are required to complete this form for EACH amity.
I Orpratirion Name: Reportrag Year.
2 Sponsor Type(Oteck One): 0 501(W) 0 501(cX5) 0 Local Imisdictice 0 Other Cpmlaio):
3 AcdttryNaroe
4 Acuttty Tape(Check Ore): 0 EventFestivid* 0 Facility* 0 M.:getter
S ACIINUT Start Dace':
.5 Ataity Eat Cate.
Total Cost of Attity $
8
Am omm Reputed: S
9 Amo=Awarded: $
10()tura Arcanduice 13 Number of Attendees Who Staved Overnight at Unpaid Ascocamoriaticass
a) Pmected• a) Projetecis
b) Actual. b) Actial4
c) Methodology(Check Or* ()Direct Cure c) Methodo:og(Check One): ()Direct-Come
°Indirect Caere °Representative Survey* redirect Come ORepriseetative Survey*
irfortr 11 Survey* °Structured EMI:nate
E
8
Other( nn):: OTIrlormscl Stover 0 Summed Ermine'
001ter(ea :
11 Number of Attendees Whe Traveled 50 Males or Mote 14 2,araiber of Attendees Who Stayed Otianight in Paid Acccomuodastors*
a) Projected* a) Projected*
a) Acme? tit Actual*
c MeibodoktLv(Check Ore): 0 Direct Cone c) Mobodology(Check(ate): 0 Direct Com*
0 kdirect Come 0 Reprececttarive Survey* 0:ahem Coma* Remsemative Survey*
0 hiformil Sartey* 0 Structured Eolmate 0 Mk:mai Survey* Structured Eatitnace
0 Other(expleia): Ocher;:esplaio):
12 Nember of Amalie to Traveled tam Amber State or Comity* 15 Number of Paid Lodging Nights*
a) Protected* a) Protected*
b) Acne b) Arra?
c)
MevCheck Ore): 0 Direct Cala. c) Metbodokgy!:Check Ore): 0 Direct Dame
0 kdirect Calm- ()Representative Survev' 0 Idirect Count' °Representative Stow:.
0 Jr ficrr+1 Surrey. 0 Structured Exhaust* 0 alicomil Stayer ()Structured Estimate.
00ther*phi*
®Other(mlt*
*See.Lodging Tax Yearly Reporting Definitions Instruction
Nene of Intrittial Who Premed,Report
Pboae 0: E-Mail Millets:
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 reffemon Street
P.O.Box 122G
Port Townsend,WA 98368
jeffboco a cojefferson..wa.us
DEADLECE:February 28th of Eath Reporting Year
Page 8 of 9 Quilcene Historical Society
1
•
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 Quilcene Historical Society
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$34,840; Quilcene Historical Museum
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:
Quilcene Historical Museum $34,840
RECOMMENDATION:
Approve and sign the agreement.
' E : DBY:
7
•'' ili Mort: : . u'•'_ . or Date:
p tY
CONTRACT REVIEW FORM
CONTRACT WITH: Quilcene Historical Museum ( q bar,
(Contractor)
CONTRACT FOR: 2019 Hotel Motel Grant Funding(Lodging Tax) TERM: Ends 12/31/19
w Yid
s I! r
'#4 N m r :Amwk
,qi
low a^- �r �- ,' `= "�'�`R� '-. a�.. '_ � 'fin
AMOUNT: . $34,840 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 RI • • • GE k E , •
Review by II*.
'7 F-
Date Reviewed:
APPROVED FORM E Returned for revision(See comments)
Comments:
1
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: &;°- C.
irizia-, -
Date Reviewed: ! 6 /
12 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.)
A