HomeMy WebLinkAbout040620_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: *(1 \ 62 '90)
SUBJECT: AGREEMENT re: 2020 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$68,400; Jefferson County Historical Society
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:
Jefferson County Historical Society $68,400
RECOMMENDATION:
Approve and sign the agreement.
(P71RE.A_Ct3/3//2
. .. .or .. . . . . _ or Date:
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY HISTORICAL SOCIETY
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the JEFFERSON COUNTY HISTORICAL SOCIETY(hereinafter known as
"HISTORICAL SOCIETY").
WHEREAS,the HISTORICAL SOCIETY 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;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed
by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The HISTORICAL SOCIETY shall use the Hotel-Motel Tax funding under this agreement to fund
staff salaries to continue and update the ongoing performance of the following specific services:
1. Operation of the following tourism facilities in Jefferson County:
• Jefferson Museum of Art&History
• Rothschild House Museum
• Commanding Officer's Quarters Museum
• Historical Research Center
2. Operation of the County Museum and care of the collection for its long-term maintenance.
3. Outreach to County residents through educational programs and Museum exhibits regarding
cultural and natural heritage.
4. Promotion of heritage awareness through countywide recognition programs and the
establishment of new and traveling exhibits and publications.
5. Continued documentation of Countyherita e through collecting, oral history,research and
other means.
6. Advocacy of heritage preservation through all available means including the enhancement
of heritage based tourism for the economic development of the County.
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7. Assistance as requested to the Quilcene Historical Museum in development of its Museum,
in implementation of basic museum practices and procedures and in promotion of the
Museum as a local,public cultural and education organization.
8. Tourism promotion services provided by JCHS Staff and volunteers at each facility as
follows:
• Verbal information,displays and brochures;
• Telephone communications during normal office hours(9:00 a.m. —5:00 p.m.)year
round;
• Website access to tourism information
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY HISTORICAL
SOCIETY
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 HISTORICAL
SOCIETY 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.
2. On or before January 31 (OR upon execution of this agreement, whichever is later);April
30; July 31; and October 31, 2020,provide to the COUNTY:
• A billing statement requesting payment of Hotel-Motel Funding for the current quarter.
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 A, attached
hereto and incorporated by reference for the previous year.
a. Each festival,event, or tourism facility owned and/or operated by HISTORICAL
SOCIETY.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not)by the HISTORICAL SOCIETY 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).
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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 HISTORICAL SOCIETY 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$68,400 for 2020. Quarterly payments of$17,100 will be
made,beginning with the first quarter of 2020. 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, 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
HISTORICAL SOCIETY 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, HISTORICAL SOCIETY 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 HISTORICAL SOCIETY shall indemnify and hold the COUNTY, and its officers,
employees, and agents harmless from and shall process and defend at its own expense, including
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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 HISTORICAL SOCIETY's negligence
or breach of any of its obligations under this Agreement; provided that nothing herein shall
require the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY'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 HISTORICAL
SOCIETY's negligence, or the negligence of the HISTORICAL SOCIETY's agents or employees.
The HISTORICAL SOCIETY specifically assumes potential liability for actions brought against
the COUNTY by the HISTORICAL SOCIETY's employees, or any other persons engaged in the
performance of any work or service required of the HISTORICAL SOCIETY 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
HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY shall maintain Workers' Compensation
coverage as required under the Washington State Industrial Insurance Act, RCW Title 51,
for all the HISTORICAL SOCIETY 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 the HISTORICAL SOCIETY'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.
Page: 4 of 8 Jefferson County Historical Society
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.
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 the HISTORICAL SOCIETY 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 the HISTORICAL SOCIETY under this Agreement shall not in any
manner limit or qualify the liabilities or obligations of the HISTORICAL SOCIETY under this
Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The HISTORICAL SOCIETY and the COUNTY agree that the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY nor any employee of the
Page: 5 of 8 Jefferson County Historical Society
HISTORICAL SOCIETY 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 HISTORICAL SOCIETY, or any employee, representative, agent or contractor of the
HISTORICAL SOCIETY. The HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY.
APPROVED and signed this day of March, 2020.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, CMC Greg Brotherton, Chair
Deputy Clerk of the Board
Approved a to Form: JEFFERSON COUNTY HISTORICAL
SOCIETY
"7/S l0
Philip Hunsucker, Shelly Leavens, Director
Chief Civil Deputy Prosecutor
Page: 6 of 8 Jefferson County Historical Society
Exhibit A
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson County
Administrator's Office
Lodging Tax Reporting Form
Organizations receiving timeline to promote festivals,special events and tourism-elated activities through tourism-related facilities
owned or sponsored by non-profit organizations or the local jurisdiction are required to complete this form for EACH activity_
1°monad=Name: Repots Year
2 Sponse hype(Check floe): Q 501(c)(3) Q 501(cx6) Q Local Jurisdiction Q(hhrr(Edam):
3 Acustty Name:
4 ALQ.av ape(Check Ute): Q EtiturFesavol' Q Facility* Q Markecng•
5 Activity Stat Date':
6 Activity Ertl Dere-
'Total Cost of Activulr f
8 Amami Reque ted: f
p Amaze Awarded S
10 Overall Attendance* 13 Number of Minikes ATto Stayed Overnight n Unpaid Accommodations*
a) Projected' a) Projected*
b) Actual* b) Actual'
c) Methodology(Check tine) Qrsioect Coag' c) Methodology(Check tame): Q Direct Count'
Olomrect Comm ORquesentatise Surrey* Qiadirect Count' QReprese 1tise Snves'
lnfc®al Salm' °Structured Esrimaee' Survey' O Structured Estimate*
g�( : 8=1
:
11 Number of Attendees Who Traveled 50 Maks*Oboe* 14 Number of Attendees Who Stayed Overnight n Paid Aaommodatixs•
a) Pmgecnd' a) Projected'
b) Actual' b) Actual'
c) Methodology(Cheek One) O Direct Came' c) Methodology(a:act One): Q Direct Cant*
8Indirect Cour Q Represent/me Sums,* Q Indirect Come QRepr�eatatise Survey*
Informal Sarver' QSuucuredEstimate' QInburmrlSumer StmcnredExam*
QOther(amnia): Qom( :
12 Number of Attendees AU Traveled Ecom Another State or Caney 15 1\ bet of paid Lodging Nights'
a) Projected' a) Projected'
b) Actual' b) Actual'
c) Methodology(Check Om): Q Direct Coag' c) Methodology(Check One): O Direct Coumt'
0 Indirect Coag' ORepre surto a Survey* 0 Indirect Coaat' QRelrese tad a Saver
•Informal Stymy* OSettamed Estimate O lnboraal Sarver' Q Structured Estimate'
e [egalain): Q Other(explain):
`See Lodging Tax Yearly Reporting Defasitioasiastructioas
Name of Indrsxtsal Who Prepared kapott:
Phan t: E-Mail Aitken:
RETURN THIS FORM TO:
Jefferson County Adtaimstrator's Office
1320 Jefferson Street
P.O.Box 1220
Port Townsend,WA 93363
je ffbocc u co.j e ffer on.aa.us
DEADLECE:February-23th of Each Reporting Year
Page 7 of 8 Jefferson County Historical Society
I
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 Jefferson County Historical Society