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HomeMy WebLinkAbout061520_ca11 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: June 15,2020 SUBJECT: AGREEMENT re: 2020 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $3,250; The Production Alliance — Stronger Towns (Olympic Peninsula Apple & Cider Festival) 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: The Production Alliance— Stronger Towns (Olympic Peninsula Apple & Cider Festival) $3,250 RECOMMENDATION: Approve and sign the agreement. RE • ilip Morley, my dministrato Date: AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES STRONGERTOWNS(DBA The Production Alliance) Olympic Peninsula Apple& Cider Festival This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY" and STRONGERTOWNS,dba The Production Alliance—OLYMPIC PENINSULA APPLE&CIDER FESTIVAL(hereinafter known as "TPA"). WHEREAS, StrongerTowns is a non-profit corporation of the State of Washington; and WHEREAS,the COUNTY desires 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 TPA to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED TPA 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. TPA shall use its capabilities and utilize up to $7,500 of funding provided under this agreement to promote the Olympic Peninsula Apple&Cider Festival,restricted to any of the promotional expense items identified as"LTAC"in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. 2. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, TPA 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 TPA proceed with the proposed substitution. In such case no amendment to this Agreement shall be required and TPA may use the funding to perform the substitute Promotion Services in 2020. SECTION 2: RESPONSIBILITIES OF THE PRODUCTION ALLIANCE: 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 TPA 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 9 STRONGERTOWNS—DBA The Production Alliance—Apple & Cider Festival 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 Hotel/Motel Fund. 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 TPA. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not)by TPA 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 TPA funding from Hotel-Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. 2. The County recognizes that an original allocation to TPA of$7,500 in Hotel-Motel funds to promote the Olympic Peninsula Apple&Cider Festival has voluntarily been reduced by $4,250 because of the impacts of the COVID-19 pandemic,resulting in an allocation of $3,250 in 2020. Therefore, funding is in the sum of$3,250 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. 3. The$4,250 reduction from 2020 is earmarked for potential use to promote the Olympic Peninsula Apple&Cider Festival by TPA in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those funds to TPA in 2021 and approval by the Board of County Commissioners. 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. Work performed during the term and pursuant to this Agreement,but prior to its complete execution, is hereby ratified. Page: 2 of 9 STRONGERTOWNS—DBA The Production Alliance—Apple& Cider Festival 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. TPA 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, TPA 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 TPA 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 TPA's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require TPA 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) TPA'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 TPA's negligence, or the negligence of TPA's agents or employees. TPA specifically assumes potential liability for actions brought against the COUNTY by TPA's employees, or any other persons engaged in the performance of any work or service required of TPA 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. TPA 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 TPA 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. Page: 3 of 9 STRONGERTOWNS—DBA The Production Alliance—Apple & Cider Festival 1. Worker's Compensation and Employer's Liability Insurance as required by the State of Washington. TPA shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all TPA 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 TPA'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. 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 TPA 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." Page: 4 of 9 STRONGERTOWNS —DBA The Production Alliance—Apple & Cider Festival 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 TPA under this Agreement shall not in any manner limit or qualify the liabilities or obligations of TPA under this Agreement. SECTION 10: INDEPENDENT CONTRACTOR TPA and the COUNTY agree that TPA 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 TPA nor any employee of TPA 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 TPA, or any employee,representative, agent or contractor of TPA. TPA 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 TPA 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 TPA 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 TPA 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 TPA. Page: 5 of 9 STRONGERTOWNS —DBA The Production Alliance—Apple & Cider Festival APPROVED and signed this day of June,2020. JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Gallaway, Greg Brotherton, Chair Deputy Clerk of the Board Approved as to Form: StrongerTowns(DBA The Production Alliance) Philip Hunsucker, Authorized Official Chief Civil Deputy Prosecutor Page: 6 of 9 STRONGERTOWNS—DBA The Production Alliance—Apple & Cider Festival EXHIBIT A Itemized List of Proposed Tourism Promotion Services [Note: TPA shall decrease total lodging tax expenditures to$3,2501 Olympic Peninsula Apple and Cider Festival Proposed 2020 Budget Expenses Item Estimated Cost PR Contractor in Seattle - LTAC 1000 Graphic& web design - LTAC 1000 Online Ad Placement- LTAC 2500 Printing & distribution - Posters, programs, roadside banners - LTAC 3000 Event Photographer& Video Production-LTAC 2500 Print Advertising- LTAC 2000 Marketing Management- LTAC 3000 Office supplies 500 Food&Catonng (includes cider tasting) 4000 Additional Staff Time 5000 TOTAL EVENT EXPENSES 24500 Anticipated Income LTAC 15000 Vendor Fee's 1000 Online Ticket Sales 3000 Day of Ticket Sales 2500 Ad sales in Festival Program 1000 Bottle Sales at the Cider Saloon 3500 TOTAL INCOME 26000 TOTAL EVENT EXPENSES 24500 TOTAL EVENT INCOME 26000 MARGIN 1500 Page: 7 of 9 STRONGERTOWNS—DBA The Production Alliance—Apple & Cider Festival 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 rt+*iinn to promote fe to als..special eve=and tourism-related activities through tourism-related fscdiaes onraed or sponsored try mn profit orp nzanon-or the local jurisdiction are required to complete dh:es form for EACH activity. l Organitaa ton lame: P.ep rteme Year: 2 Sponsor Type:`Cl eck.Cker. Q 50103) Q 561fcw Q Laca Jurisdicrian °Other' agiLaim: 3 Actmtn`Name 4&m an:Dtpe(Ckeeck One;r: Q EremFesmual• 0 Fa iarv* Q Marketing' 5 Acataty Start •- d Astenty End Came• 7 Taal.:ti t of Acavtry S 1 Ammar Repeat: S 9 Ammer Ataauled S 1,3 Oc ra it Atrerufance 13 Number of Attendees Who Stayed Overnight men tmped.Accoramodarians• a) Pnoemed• ai Projected* bi Acme b) Acrue c) Metbodc mgv i,Chect One( °Direct Coum• cj Methodoing}(rlierk One): Q Ciao Cauat• QlaSmct Corm• OP:Tretemaas'e Suatly 0Tthuct Carew QRemeteuariue Smzer• i laiamail Buser' 0 Structured Estimate• Informal Survey' 0 Scrummed E-cimate• •►:r..Ikganda.;: r'erplaM): 11 Number of Atrmdeet..Tb n Traveled 5,3 Males or More* 14 Number of Attendees Who Stayed Oseruaglx as Paid Accarmmod amos• a; Pro ected' a; Projected' b) Away' b) Arnie c) loothodotiog famt Ow © Coat' c; Methodology(Check Omer. 0 Cterr Zoom"' ginbert Coal' V Re aesauadve Surrey* :ada:eea COW' l eprosmaa9ie Survey* kformal Saab' 0 Sauctmed Ewiare• 8 infaaral Survey' Structured E.iauaae 0 Ober f is 0 other{emlaimc 12 Number of Ataeedeet The Traveled from Another Sane or Camay' 15':umber of Paid T men'Niggr,' a) Prt rimed• a Projected' it) Ache)' b) Acme* cj Medoodoicgv iCkect Ow/� © od Cam* c / oeogti•(Check Ow Q Dataouic' 0lod ow Ceram' OP.eiemanve Survey* LJ Ind re'ct Conn` 01 epo seammiue Screw" 0 v, *1`suer' Q Savoured Estimate' 0 iniomsal Stever Q Stmctemed 3 WOW QOtter i aglam: Q Offer(esplainc *See Lodging Tax Yearly Reporting Definitions`Instructions Nome of loam lraal Woo?teperei Atpaa: Pbooe=: E-Mail Address- RETURN THIS FORM TO: Jefferson Comely rcdanMstratorS Office 1S2i0 Jefferson Street P.O.Box 1220 Port Townsend.WA 9S368 1effbocc,iico_j,effer on.vra.us DEADL1YE February 28th of Each Reporting Year Page: 8 of 9 STRONGERTOWNS—DBA The Production Alliance—Apple & Cider Festival 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 STRONGERTOWNS —DBA The Production Alliance—Apple& Cider Festival