HomeMy WebLinkAboutQuilcene Fair & Parade Association - 061520�7 1
AGREEMENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE FAIR & PARADE ASSOCIATION
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY"
and QUILCENE FAIR & PARADE ASSOCIATION (hereinafter known as "QUILCENE FAIR").
WHEREAS, QUILCENE FAIR & PARADE ASSOCIATION 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 the QUILCENE FAIR 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
The QUILCENE FAIR 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:
The QUILCENE FAIR shall use its capabilities and utilize up to $9,000 of funding provided under
this agreement to promote the Quilcene Fair and Parade restricted to any of the eligible items 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,
QUILCENE FAIR 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 QUILCENE FAIR
proceed with the proposed substitution. In such case no amendment to this Agreement shall be
required and QUILCENE FAIR may use the funding to perform the substitute Promotion Services
in 2020.
SECTION 2: RESPONSIBILITIES OF THE QUILCENE FAIR & PARADE ASSOCIATION:
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 QUILCENE FAIR
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 Quilcene Fair & Parade Association
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 28" 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 the QUILCENE FAIR.
b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or
not) by the QUILCENE FAIR 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 QUILCENE FAIR 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 QUILCENE FAIR of $10,000 in Hotel -
Motel funds to promote the Quilcene Fair and Parade has voluntarily been reduced by $1,000
because of the impacts of the COVID-19 pandemic, resulting in an allocation of $9,000 in
2020. Therefore, funding is in the sum of $9,000 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.
The $1,000 reduction from 2020 is earmarked for potential use to promote the Quilcene Fair
and Parade by QUILCENE FAIR in 2021, contingent on a recommendation by the Lodging Tax
Advisory Committee to award those funds to QUILCENE FAIR 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
Page: 2 of 9 Quilcene Fair & Parade Association
28, 2021. Work performed during the term and pursuant to this Agreement, but prior to its complete
execution, is 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 QUILCENE
FAIR 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,
the QUILCENE FAIR 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 QUILCENE FAIR 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 QUILCENE FAIR's negligence or breach of any of its
obligations under this Agreement; provided that nothing herein shall require the QUILCENE FAIR
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
QUILCENE FAIR'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 QUILCENE FAIR's negligence, or the negligence of the QUILCENE FAIR's agents or
employees.
The QUILCENE FAIR specifically assumes potential liability for actions brought against the
COUNTY by the QUILCENE FAIR's employees, or any other persons engaged in the performance
of any work or service required of the QUILCENE FAIR 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 QUILCENE FAIR recognizes that this waiver
was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation.
Page: 3 of 9 Quilcene Fair & Parade Association
SECTION 9: INSURANCE
The QUILCENE FAIR 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 QUILCENE FAIR shall maintain Workers' Compensation coverage as
required under the Washington State Industrial Insurance Act, RCW Title 51, for all
QUILCENE FAIR 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 QUILCENE FAIR'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
Page: 4 of 9 Quilcene Fair & Parade Association
that endorsement and forward that full text to the County.
All insurance policies obtained by QUILCENE FAIR 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 QUILCENE FAIR under this Agreement shall not in any manner limit
or qualify the liabilities or obligations of QUILCENE FAIR under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The QUILCENE FAIR and the COUNTY agree that the QUILCENE FAIR 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 QUILCENE FAIR nor any employee of the QUILCENE FAIR 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 QUILCENE FAIR, or any employee,
representative, agent or contractor of the QUILCENE FAIR. The QUILCENE FAIR 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 QUILCENE FAIR 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 QUILCENE FAIR 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.
Page: 5 of 9 Quilcene Fair & Parade Association
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated agreement
between the County and the QUILCENE FAIR 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 QUILCENE FAIR.
APPROVED and signed this
Attest:
Carolyn Gallaway,
Deputy Clerk of the Board
Approved as to Form:
dam-- 6 /j Z
Philip unsucker,
Chief Civil Deputy Prosecutor
day of June, 2020.
COUNTY
Quilcene Fair & Parade Association
Authorized Official
Page: 6 of 9 Quilcene Fair & Parade Association
I*A:uWkr_1
Itemized List of Proposed Tourism Promotion Services
[Note: The Quilcene Fair & Parade Association shall decrease total lodging tax expenditures to $9,0001
26,319.39
Revenue - Bank Interest
0.39
Revenue - Booth
2,565.00
Revenue - Car Show and 50/50 Raffle
3,000.00
Revenue - Sponsorship
2,215.00
Revenue - BS RacesrFish Game
163.00
Revenue - Raffle/Silent Auction
1,386.00
Revenue - LTAC Grant
17,000.00
21,741,80
Expense - Vendor Relations
OIL , ; +
Expense - Entertainment
1,200.00
Expense -Envelopes
1 t3.48
Expense - Part A Po
r 75.00
Expense - Insurance
f,:'.H.1
Expense - Janitorial
►t�a.cjc}
Ex erase - Miscellaneous?
H6a.1 t1
Expense - Bank Checks -Order
7fi. 110
Expense - Postage
10q leis
Expense - Quilcenery Photo Prize Money
15.43
Expense - Raffle
165,63
Expense - Car Show
?50 On
Expense - Sec of State Annual R t
1000
Expense - Printing
450.00
Expense - Advertising - Va1Pak
540,00
Expense - Advertising - Theaters
500.O0
Expense - Advertising - Ferries
1,100.00
Expense - Advertising - Durable Goods
1,800,00
Expense - Advertisin -Publications
10,860,00
Expense -Games for Youth
2,065.00
4,577.59
<--- ------- P R O F I T---------->
4,577.59
As our budget does not change much from year to year, we have
also included the 2019 full budget as a reference if needed.
Quilcene Fair and Parade
Budget - 2020
Page: 7 of 9 Quilcene Fair & Parade Association
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
Oigaiuzahow receimmg fiamd— to pratimote &--=aL-. :pecial e%vnt and tounsin-mlatied actmvw- dsoughwmiun-velaved faci1tws
owned or sponsored by noim-profit mpnezamw or the local jun,&,cfaon are required to complete this form for EACH wmvity,
I 0rPMzMwN=X Pjqw= Year:
2 S.P-- Type 0-,v 0 50 1 0 501(,XL", 0 Loce: 1=.&MM 00tw Tvw,
3 AcMmNnne:
A A=iq* Td?e (--Merit 0-,,: 0 Evu-Fewral- () Fanary- O.MaImW-
5 Arcm, Steil Dew:
J Am -Tv End Care*
ToW '4m afAcmim S
I Amnon LKsmat 1
9 Am = Aawde& S
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30 Plkaned*
b) Acme*
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See Lodging Tax V*2rly Repaniag Definitions Instructions
N'=e oflab;iiag Ulm Prepwad Kepact:
7 . CXM
RETUFLN THIS FORM TO-
Jeffusm Co=vAdmiinstrawr -. Office
IS-10 Jeffersom. SMOK
P.O. BOX 122C
Part Town --end- WA 9S368
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DE--%DLL\-E- February Nth of Each Reporting Year
Page: 8 of 9 Quilcene Fair & Parade Association
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 Q 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 Fair & Parade Association
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 $9,000; Quilcene Fair and Parade Association
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:
Quilcene Fair and Parade Association
RECOMMENDATION:
Approve and sign the agreement.
$9,000
4 � � 4-) �,�)
Date:
CONTRACT REVIEW FORM
CONTRACT WITH: Quilcene Fair & Parade Association
(Contractor/Consultant)
CONTRACT FOR: 2020 Lodging Tax Grant Funding
TRACKING NO.: BOCC 2019-19
COUNTY DEPARTMENT: County Administrato- ` "
TERM: 12/31 /20
For More Information Contact: Philip Morley DEC1 1 2019
Contact Phone #: Ext. 383
RETURN TO: Leslie Locke RETURN BY
(Person in Department) (Date)
AMOUNT: $10 47 , C,
Revenue
Expenditure
Matching funds Required
Source(s) of Matching Funds
Step 1: REVIEW BY
Date
Xf APPROVED FORM
Comments
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
❑
Cooperative Purchase
❑
Competitive Sealed Bid
❑
Small Works Roster
❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
❑ Returned for revision (See Comments)
Step 2: REVIEW BY OS NG ATTORNEY
Review by: - r. Philip C. Hunsucker
Date Reviewed: 2.0 Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM ❑ LItumed for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of
just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
1820 Jefferson Street
Port Townsend,
Kate Dean, District 1 David W. Sullivan, District 2 Greg Brotherton, District 3
June 15, 2020
Quilcene Fair & Parade
Linda Lindquist
P.O. Box 761
Quilcene, WA 98376
Re: Agreement for 2020 LTAC Funding — Quilcene Fair & Parade Association
Dear Ms. Lindquist,
Enclosed for signature are two (2) original agreements for 2020 Lodging Tax Funding. Please
sign both originals, keep one original for your records and return the second original to the
address listed above.
New wording has been added to Section 1 and Section 3 to include COVID-19 disruption to
tourism activities.
Please remember that on or before April 30; July 31; October 31, 2019 and January 31, 2021 you
are required to provide to the County:
• A quarterly report of the use, services, programs and activities 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.
Thank you for your assistance.
Sincerely,
u
Leslie Loc e
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc(a co.jefferson.wa.us