HomeMy WebLinkAbout012120_ca02 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: January 21,2020
SUBJECT: AGREEMENT re: 2020 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$49,470; Forks Chamber of Commerce
STATEMENT OF ISSUE:
This agreement provides grant funding for 2020 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:
Forks Chamber of Commerce $49,470
RECOMMENDATION:
Approve and sign the agreement.
REVI ` -D BY:
r < l ` /7
Philip Morley, C•unty Administra r Date:
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
FORKS CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the FORKS CHAMBER OF COMMERCE(hereinafter known as "FCC").
WHEREAS,the FCC 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 West 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 Forks Chamber of Commerce;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED. The FCC 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 and consistent with the proposed FCC
Lodging Tax budget, a copy of which are incorporated herein and attached hereto as Exhibit A:
1. Provide for seasonal (May-September) Olympic National Park staffing at the Kalaloch
Visitor Center to provide visitor information services there, consistent with a negotiated
agreement with Olympic National Park.
2. Provide summer seasonal staffing at the Forks Visitor Information Center.
3. Update,print and distribute a West End tourism map and the Mick Dodge Coloring Sheets.
4. Be the focal point for support of the West End participation in tourism promotional
activities included but not limited to: web page update and web site hosting; distribution of
Jefferson County tourism information and materials through the Kalaloch Visitor Center
and the Forks Visitor Information Center; and participate in Joint Marketing and other
tourism promotion activities.
SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE
1. On or before January 31; April 30; July 31; October 31, 2020; and January 31, 2021,
provide to the COUNTY:
• A quarterly report of the use, services,programs and activities of the FCC 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 2020.
Page 1 of 8 Forks Chamber of Commerce
2. On or before January 31,2020 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.
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, 2021.
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 FCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the FCC 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 FCC 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$49,470 for 2020. 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,
2020 and ending on December 31, 2020, except for the reports referenced in Section 2, due January
31,2021 and February 28, 2021.
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 FCC may terminate this Agreement upon thirty(30)days
Page 2 of 8 Forks Chamber of Commerce
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, FCC 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 FCC 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 FCC's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require
the FCC 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 FCC'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 FCC's negligence, or the negligence of the FCC's agents or
employees.
The FCC specifically assumes potential liability for actions brought against the COUNTY by the
FCC's employees, or any other persons engaged in the performance of any work or service
required of the FCC 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 FCC 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 FCC shall obtain and keep in force during the term of the
contract, 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.
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 FCC'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:
Page 3 of 8 Forks Chamber of Commerce
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.
4. 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.
5. 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.
6. 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.
7. All insurance policies obtained by FCC 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."
8. 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 FCC under this Agreement shall not in any manner limit or qualify
the liabilities or obligations of FCC under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR. The FCC and the COUNTY agree that the
FCC 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 FCC nor any employee of the FCC 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 FCC, or any employee,
representative, agent or contractor of the FCC. The FCC 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 4 of 8 Forks Chamber of Commerce
SECTION 11: COMPLIANCE WITH LAWS. The FCC 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 FCC 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 FCC 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 FCC.
APPROVED and signed this day of
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, CMC Kate Dean, Chair
Deputy Clerk of the Board
Approved as to Form: FORKS CHAMBER OF COMMERCE
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page 5 of 8 Forks Chamber of Commerce
EXHIBIT A
Proposed 2020 Forks Chamber of Commerce Lodging Tax Budget
West Jefferson County Notes
ONP Kalaioch VC Staff 520,66800 May 16- September 30
Lodging Concierge Service $37500
Map/Brochure Preparation 50 00
Mailing& Distribution S250000
Mick Dodge Coloring Sheet 53700
VIC Staffing $12 052 00 1 staff member (cli) 1520 hours at 51350/hr & payroll taxes
Tourism Marketing $3,50000 $1 Coho Mag; 51000 WA State Vis Guide; 51500 other
Total W Jefferson County $49,470.00
Page 6 of 8 Forks 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
Or palmitions receiving F+•,a;tie to promote fesnt-aF.special event,and tounsm-gelated actisitrm through tarmsm-related facilities
owned or spomiarred by non-profit organizations or the local jurvdiction are required to complete fir;form for EACH activity.
1 ORgrrriaatim Nacre: Reporting Yaw:
2 Spoiia Type Puck One,: 0 5471;c;(3) 0 561(c%) 0 Local lsri,4rrian °Odra Er¢Lmm;,:
3 Amin:Nacre
4 Amity Type((beck One ()EventFestival• 0 Facility* 0'rfulieting•
5 Amity Stan Der:
3 Armory Esd Bare•.
'Total Cost of ALti,.ity- S
S
Ane Remaud: S
9 Ammer Amsted S
10 Ota 7 rt rmte• 13 Number of Attendees Who Stayed Overt ight in aped Acrotsmodat cors•
a Pmpecred• a) Projected*
'II) Accra' bi Actaa=•
c; Metba:kite frliPck Onej: ()Direct Came' c) Methodology(Check Cee): ()Cuct Count*
Ohdirm Coam• °Represmatise Surreys ()Indirect Cour• °Remar«Stater'
• Staved OSavcapued Estimate* Informal Stever 0 Smarmed Estimate*
`s . ( 'l: ;apluai:
11 Number of Attendees Moo Traveled 50 Miles or More• 14 Numbs of Attendees Who Stated Omaghr in Pani 4ccam modabons•
ay Fronded:' a) Proj •
bi Aare bi Attva•
c; Metbodoiirgv.trbr%Onej: ()Direct Count* c) Mem 4&'cg(Check Ono 0 Cue Com*
1ud t Coate' 0 Represmta>zce SWAT:.88 Indirect CourYepu�ntise Sartred ad 5rav�' Q'Saunur23 Estimaie* Informal Slaver' 8Srructu ed Estimate*
()Other(egalun): 0 Other;ems:
12 Number of Attmiees ttto Traveled from Another Stale or Cotmuy 15 Number of Paid Lodging g Nights'
a) Pro ed• a) Projected*
ii) Aare bj Nana•
c) Metbodoiore peck One): 0 Direct Count* c) Medoodology(check One): 0 Direct Coat•
0 ludmect Cams' ()Represecsonve Surrey 0 Indrect Cane ()Aeprt�aase Surae''
(•j 10 .a1 Sugvtr• ()Stru ntrei Euimare•
8 ()tu mai Statiep• Q Snucttma]Es=ale
Other t;+sl+lain): Q Other(exp>»:
*see Lodging Tax Yearly Reporting Definitions ustructiona
Name of lndruutaal Who?rep<wed Report:
Phone e: E-Mail Address-
Run-RN
ddressRETCRN THIS FORM TO:
Jefferson Count Administrator"s Office
1S20 Jefferson Street
P.O.Box 1220
Port Town end.WA 9S368
jeffbocc iicc effier;on.wa.uc
DE_ADLECE:February:8th of Each Reporting Year
Page 7 of 8 Forks 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 Forks Chamber of Commerce