HomeMy WebLinkAbout051120_ca12 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 11, 2020
SUBJECT: AGREEMENT re: 2020 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$64,220;North Hood Canal Chamber of Commerce
STATEMENT OF ISSUE:
This agreement provides grant funding for 2020 to the North Hood Canal Chamber of Commerce 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:
North Hood Canal Chamber of Commerce $64,220
RECOMMENDATION:
Approve and sign the agreement.
RI3VIEWED BY:,,,--�
i ip Morle o my Admin trator Date:
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
NORTH HOOD CANAL CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the NORTH HOOD CANAL CHAMBER OF COMMERCE(hereinafter known
as "NHCCC").
WHEREAS,the NHCCC 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 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 North Hood Canal Chamber of Commerce to
operate visitor centers in Quilcene and Brinnon;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The NHCCC 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. Be responsible for the daily operation and continuation of the Quilcene Visitor's Center
and the Brinnon Visitor's Center and provide visitor information materials for the
Dosewallips State Park, consistent with the Itemized List of Proposed Tourism Promotion
Services and NHCCC Lodging Tax budget, a copy of which are incorporated herein and
attached hereto as Exhibit A. In recognition of the unavoidable disruption to tourism
activities from the COVID-19 pandemic,NHCCC may substitute other Promotion Services
in 2020 in using the funding provided through this Agreement,upon prior presentation of an
itemized list to the Lodging Tax Advisory Committee(LTAC)and affirmative vote by the
LTAC recommending that NHCCC proceed with the proposed substitution. In such case
no amendment to this Agreement shall be required and NHCCC may use the funding to
perform the substitute Promotion Services in 2020.
Page: 1 of 9 North Hood Canal Chamber of Commerce
SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL 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 NHCCC 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 31,2020 (OR upon execution of this agreement, whichever is later)
and July 31,2020,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, 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 NHCCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the NHCCC 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 NHCCC 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$64,220 for 2020. Semi-annual payments of$32,110 will be
made in the first and third quarter of 2020. Payments are to be predicated on submittal of
Page: 2 of 9 North Hood Canal Chamber of Commerce
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 and/or renegotiated, 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 NHCCC 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,NHCCC 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 NHCCC 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 NHCCC's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the NHCCC 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 NHCCC'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 NHCCC's negligence, or the negligence of the NHCCC's agents or employees.
The NHCCC specifically assumes potential liability for actions brought against the COUNTY by
the NHCCC's employees, or any other persons engaged in the performance of any work or
Page: 3 of 9 North Hood Canal Chamber of Commerce
service required of the NHCCC 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 NHCCC 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 NHCCC 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 NHCCC shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all NHCCC
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 NHCCC'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.
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.
Page: 4 of 9 North Hood Canal Chamber of Commerce
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 NHCCC 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 NHCCC under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of the NHCCC under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The NHCCC and the COUNTY agree that the NHCCC 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 NHCCC nor any employee of the NHCCC 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 NHCCC, or any employee,representative, agent or contractor of the
NHCCC. The NHCCC 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 NHCCC 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.
Page: 5 of 9 North Hood Canal Chamber of Commerce
SECTION 12: DISCRIMINATION PROHIBITED
The NHCCC 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 NHCCC 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 NHCCC.
APPROVED and signed this day of May,2020.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, CMC Greg Brotherton, Chair
Deputy Clerk of the Board
Approved as to Form: NORTH HOOD CANAL CHAMBER
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 6 of 9 North Hood Canal Chamber of Commerce
EXHIBIT A
NHCCC Lodging Tax 2020 Budget
4:17 PtA North Hood Canal Chamber of Commerce
10/17/19 Budget Overview
Accrual 131WFS January through December 2020
100 Chamber Funds 246 Lodging Tax Plaids TOTAL
Jan-Dec 20 Jan-Dec 20 Jen.•Dec 20
Ordinary Income/Expense
Income
5•Earned Income(Revenue)
5040-Local government contracts
51042.LTAX Visitor Center Grant 64220 00 034220.00
Total 5040•Local government contracts 64220 00 64220.00
5210•Dues,Member 2,300.00 2.300.00
5310•Interest on chockIngftevings 15 CO 15.00 30.00
5440•Grose salsa-Inventory 3,000.00 3 000,00
5450•Advertising revenue 30.00 1 30.00
Total 5•Earned income(Flovenue) 5 345 00 64,235.0)I
.. 69 580.00
Total Income 5,345.00 64,235,00 11 59 51)0,00
Ocoee Profit 5.345 00 64,235.00 I 59 5I30.00
Expense
7•Progrem Services
7000•Orent&progrem expense 2.;. 00 2.600.00
7200•Solarise I related expenses
7220•Searle*I wages
7221 •Payroll 53,638.00 53,538 CO
Total 7220•Salaries A wages 53,638 00 53,636.90
7250•Payroll taxes 4,939.50 4,939.50
Total 7200•Salaries&related expenses 58,577.50 58,577 50
7500•Outside services
7520•Accounting hoes I,000.00 1,000.00
Total 7500•Outside services 1.000 00 1,000 CO
Total 7•Program Services 2,500.00 59 577 50 52,177 50
I
8•Admiral/al/v.Expense
8100-Noreenrcenel expenses 1,370.00 1 950 DO 3,320 CO
8300,Travel&meetings expenaos 107 50 107.50
8500•Other expenses
8520•Insurance 325 00 2,500 00 2.925.00
8591•Bank charges I credit card disc 1 000.00 1,000.00
Total 9500'Other expenses 1,326.00 2.600 00 3,925,00
8500•Business expanses
9990•Taxes I licenses-other 50,00 50.00
Total$500•Beakless expenses SO 00 50 00
Total 8-Adminstrativa Expertso 2,745 03 4,557 50 i 7,402.59
Total Expense 5,345.al 64,236.00 69,551100
Net Ordinary Income 0.00 0.G0 ! 0 00
Nat Income 0.00 0.00! D.00
Page 7 of 9 North Hood Canal 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
Ore:animations receiving farthing to promote fears-As.special event and tourmn-related activities through mumun-related farihtip,
owned or Tomored by non-profit organizations or the local jurisdiction axe required to complete this form for EACH activity.
1 Organza=Name: Reporting Yea:
2 Sponsor Type(aeck Otte): 0 501(cX3) 0 501(005) 0 Local lntischrticn 0 Other("Elag).:
3 Aram Name
4 Artimy Type(Check One): 0 Event:Festival* 0 Facilly• °Marketing'
5 Artnity Start Date':
ti Amity,End Date'
7 Total Cost of Aram, S
Amami Requesud: S
9 Amount Awarded: S
10 Osera2:Areendance• 13 Number of Annes Who Stayed Ovemigla 13710 Ac corn:Iodation V'
a) Puirjected' a) Projecrel•
b) Armor b) Actual*
c) • (Check On.; °Direct Cam* c) •.- knock One): 0 Ditett Come
0—indirect Count' ORepiesersame Survey 01.threct Come OReprmentative Survey*
Icionnal Surcey. °Structured Enimate* ipp Infocusal Sorter 0 Structured E
*Other(explain): •• (explain):
11 Number of Attendees Who Traveled 50 Miles or More' 14 Number of Attendees Ulm Stayed Ov .ennighi in Paid Art• • •••
a) ProAcied• a) Projected'
b) Actual* b) Ara'
. (Check One) ()Direct Count' c) Mettodolon•(Check On : 0 Direct Came
•luchrect Cane 0 Representative Survey' indirect Come 110 Repress:noise Survey*
40 lufoimal Sine ' 0 Stmcmred E=ate ‘rifnnrml Slaver •Structured Estimate'
0 Other(implant): 0 Other(explain):
12 Number of Attendees Who Traveled from AEOthilt State Of Camay' 15 Number of Paid I aiging Nights'
a) Pmected• a) Projected'
b) Arm:* To) Artie
c) Mediodo/ogy(Check One) 0 Direct Cam' r.1 Methodology(Check One): 0 Direct Count'
°Indirect Court- °Representative Survey' lehrect Court' ORepresmntrive Sumer
0 infonnal Sarver 0 Structured EMrome' 0 Ifearal Sumer' C Saw:lured Estimate*
°Other(explain:: 0 Otb.er fexplani):
*See Lodging Tax Yearly Reporting Definitions instructions
Name of Individnal Who Prepared Report:.
Phone gt: E-Mail Address
RETtli2C 11±15 FORM TO:
Jefferzon County Aeirniriztaror z Office
1820 Jefferson Street
P.O.Box 1.220 NM
Port Townend.W' u x 0 00 0
.)effoocc,it co
DEADLINE:February.:Eith of Each Reporting Year
Page 8 of 9 North Hood Canal 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 North flood Canal Chamber of Commerce