HomeMy WebLinkAboutForks Chamber of Commerce and Visitor Center, Amendment No. 1 re: 2020 Lodging Tax Grant Funding Reduction - 070620CONTRACT AMENDMENT #1
By and Between
JEFFERSON COUNTY
and
FORKS CHAMBER OF COMMERCE
For Hotel -Motel Funding 2020
This Amendment #1 is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the
FORKS CHAMBER OF COMMERCE (hereinafter known as "FCC").
WHEREAS, the COUNTY and the FCC entered into an Agreement on January 21, 2020 for Hotel -Motel
Funding in 2020; and
WHEREAS, the parties desire to amend the terns of that Agreement; and
WHEREAS, in recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic,
the FCC has volunteered to reduce the amount of their 2020 grant funding; and
WHEREAS, on May 19, 2020 the Jefferson County Lodging Tax Advisory Committee (LTAC) reviewed and
recommended a reduction in the amount of $4,470;
NOW, THEREFORE, IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN that the
Agreement executed on January 21, 2020 is hereby amended as follows:
1. Paragraph 5 is added to "Section 1: Services To Be Performed" of the January 21, 2020 Agreement as follows:
5. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the FCC
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 the FCC proceed with the proposed substitution. In such
case no amendment to this Agreement shall be required and the FCC may use the funding to perform the
substitute Promotion Services in 2020.
2. Paragraph 2 of "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement is hereby
amended as follows:
2. The County recognizes that an original allocation to FCC of $49,470 in Hotel -Motel funds to promote
Jefferson County has voluntarily been reduced by $4,470 because of the impacts of the COVID-19
pandemic, resulting in an allocation of $45,000 in 2020. Therefore, funding is in the sum of $45,000 for
2020. Payment has already been made to the FCC in the amount of $49,470. FCC will refund to the
COUNTY an amount of $4,470.
3. Paragraph 3 is added to "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement as
follows:
3. The $4,470 reduction from 2020 is earmarked for potential use by the FCC to promote Jefferson County in
2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those fimds to
the FCC in 2021 and approval by the Board of County Commissioners.
4. All other terms and conditions of the original Agreement executed on January 21, 2020 will remain the same.
APPROVED and signed this 61' day of July, 2020.
JEFFER TY ----
Attest: IONERS
Kii aGallaway,C i rol - Greg rotherton, Chair
Deputy Clerk of the Board
Approved as to Form: FORKS CHAMBER OF COMMERCE
7/2/2020 -�
Philip Hunsucker, LNsA�n_dr irector
Chief Civil Deputy Prosecuting Attorney
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: July 6, 2020
SUBJECT: AGREEMENT, Amendment No. 1 re: 2020 Lodging Tax Grant Funding;
Reduction in Funding $4,470 for a Total of $45,000; Forks Chamber of
Commerce
STATEMENT OF ISSUE: The Board of County Commissioners are asked to approve an
amendment reducing funding to the Forks Chamber of Commerce from Fund 125 Hotel/Motel, used
to promote tourism in Jefferson County in 2020.
ANALYSIS: The COVID-19 Pandemic has severely reduced tourism, and thus, is also reducing
lodging tax revenue to Fund 125 Hotel/Motel, that funds the County's tourism promotion activities
authorized by state law.
On May 26, the County Commissioners passed a motion approving the 2020 voluntary award
revisions for tourism promotion activities as recommended by the Lodging Tax Advisory Committee,
including earmarking the 2020 reductions by each tourism promotion organization for potential use in
2021 by the same organization. However, several organizations already had executed contracts for
2020 before being approached about voluntarily offering to make reductions.
The proposed Amendment implements the reduction in funding in 2020 for the Forks Chamber of
Commerce, and earmarks the dollars reduced for potential use in 2 02 1, subject to a future
recommendation by the Lodging Tax Advisory Committee subject to approval by the Commissioners.
FISCAL IMPACT: An original allocation to the Forks Chamber of Commerce of $49,470 in Hotel -
Motel funds to promote Jefferson County tourism has voluntarily been reduced to $45,000 for 2020. The
Forks Chamber of Commerce will refund $4,470 to the County. The $4,470 is earmarked for potential
use by the Forks Chamber of Commerce to promote Jefferson County in 2021, contingent on a
recommendation by the Lodging Tax Advisory Committee to award those funds to the Forks Chamber of
Commerce in 2021 and approval by the Board of County Commissioners.
RECOMMENDATION: Approve and sign the amendment to agreement.
REV + WED BY:
ip MW,untydministrat r Date:
CONTRACT REVIEW FORM
CONTRACT WITH: Forks Chamber of Commerce
(Contractor/Consultant)
CONTRACT FOR: Amend. # 1; Lodging Tax Grant Funding
TRACKTNN€1,: PQQC,2020-18
TERM: 12/31 /20
COUNTY DEPARTMENT: County Administrator JUN 3 0 2020
For More Information Contact: Leslie Locke or Ph,41 '
Contact Phone #: Ext. 102 Ex - -' , m n : . r ,�
RETURN TO: Leslie Locke RETURN BY: 7/7/2020
(Person in Department) (Date)
AMOUNT: $4,470 Reduction (New Funding
Amount $45,000)
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
Revenue
❑
Cooperative Purchase
Expenditure
❑
Competitive Sealed Bid
Matching funds Required
❑
Small Works Roster
Source(s) of Matching Funds
❑
Vendor List Bid
❑
RFP or RFQ
❑
Other
Step 1: REVIEW B
Revi w b 7i"ll
Date Reviewed:
APPROVED FORM ❑ Returned for revision (See Comments)
Comments
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: Philip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
❑ APPROVED AS TO FORM ❑ Returned 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.)
100-1
r*s 1. A qg�
AGRE MENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
C� FORKS CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the FORKS CHAMBER OF COMMERCE (hereinafter known as "FCC").
WHEREAS, the FCC is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by providing information to guests,
support and staff to information centers in unincorporated West Jefferson County, as well as
workshops, conferences and materials to enhance productivity of visitor information centers in the
promotion of the tourism industry, as authorized by Chapter 67.28 RCW and Jefferson County
Code Chapter 3.25; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Forks Chamber of Commerce;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED. The FCC shall use its capabilities and utilize
the funding provided under this agreement to continue and update the ongoing performance of the
following tourism promotion services, as outlined below and consistent with the proposed FCC
Lodging Tax budget, a copy of which are incorporated herein and attached hereto as Exhibit A:
1. Provide for seasonal (May -September) Olympic National Park staffing at the Kalaloch
Visitor Center to provide visitor information services there, consistent with a negotiated
agreement with Olympic National Park.
2. Provide summer seasonal staffing at the Forks Visitor Information Center.
3. Update, print and distribute a West End tourism map and the Mick Dodge Coloring Sheets.
4. Be the focal point for support of the West End participation in tourism promotional
activities included but not limited to: web page update and web site hosting; distribution of
Jefferson County tourism information and materials through the Kalaloch Visitor Center
and the Forks Visitor Information Center; and participate in Joint Marketing and other
tourism promotion activities.
SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE
1. On or before January 31; April 30; July 31; October 31, 2020; and January 31, 2021,
provide to the COUNTY:
• A quarterly report of the use, services, programs and activities of the FCC under this
Agreement for the prior quarter;
• A quarterly financial statement detailing revenues, expenses and cash balances for the
prior quarter; and for the final quarter report, the financial statement shall also include a
detailed financial statement for all 2020.
Page 1 of 8 Forks Chamber of Commerce
2. On or before January 31, 2020 OR upon execution of this agreement, whichever is later,
provide to the COUNTY:
• A billing invoice requesting payment of Hotel -Motel Funding for the current year.
3. For a minimum of six (6) years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County. Any monies under -expended of the total funding allocated
under this Agreement shall be refunded to Jefferson County by January 31, 2021.
By February 281 of each year provide the following information on Exhibit B, attached
hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by FCC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the FCC on each festival, event or tourism facility.
c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist"
includes persons traveling more than 50 miles to the location of the event, festival or
facility and overnight stays in the area).
d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
1. The COUNTY will provide the FCC funding from Hotel -Motel Tax receipts to be used in
support of their responsibilities as defined under this agreement.
2. Said funding is in the sum of $49,470 for 2020. Payment is to be predicated on submittal of
reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an
invoice on the next available billing cycle.
SECTION 4: TERM. This Agreement shall be for a term of one year, commencing on January 1,
2020 and ending on December 31, 2020, except for the reports referenced in Section 2, due January
31, 2021 and February 28, 2021.
SECTION 5: ASSIGNMENT. Either party to the agreement shall not assign this Agreement,
except by signed amendment.
SECTION 6: MODIFICATION. This Agreement may be modified by mutual written agreement
executed by both parties.
SECTION 7: TERMINATION. The Agreement may be terminated, in whole or in part, by the
County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -
Motel Tax is reduced or limited in any way, or for non-performance of duties under this
Agreement, or for any reason. The FCC may terminate this Agreement upon thirty (30) days
Page 2 of 8 Forks Chamber of Commerce
written notice to the COUNTY. In the event of termination under this clause, the County shall be
liable to pay only for services rendered prior to the effective date of termination. If termination
covers a period for which payment has already been made, FCC shall refund to the COUNTY a
pro -rated share of the payment based upon the balance of time remaining in the paid period, unless
otherwise negotiated.
SECTION 8: HOLD HARMLESS. The FCC shall indemnify and hold the COUNTY, and its
officers, employees, and agents harmless from and shall process and defend at its own expense,
including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at
law or equity arising in whole or in part, directly or indirectly, from the FCC's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require
the FCC to indemnify the COUNTY against and hold harmless the COUNTY from claims,
demands or suits based solely upon the conduct of the COUNTY, its officers, employees and
agents, and; provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the FCC's agents or employees; and, (b) the COUNTY, its officers, employees
and agents, this indemnity provision with respect to claims or suits based upon such negligence,
and/or the costs to the COUNTY of defending such claims and suits, etc., shall be valid and
enforceable only to the extent of the FCC's negligence, or the negligence of the FCC's agents or
employees.
The FCC specifically assumes potential liability for actions brought against the COUNTY by the
FCC's employees, or any other persons engaged in the performance of any work or service
required of the FCC under this Agreement and, solely for the purpose of this indemnification and
defense, the Contractor specifically waives any immunity under the state industrial insurance
law, Title 51 RCW. The FCC recognizes that this waiver was specifically entered into pursuant
to provisions of RCW 4.24.115 and was subject of mutual negotiation.
SECTION 9: INSURANCE. The FCC shall obtain and keep in force during the term of the
contract, or as otherwise required, the following insurance with companies or through sources
approved by the State Insurance Commissioner pursuant to RCW 48.
Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington.
2. Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non -owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $1,000,000 per
occurrence in connection with FCC's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
C. Non -owned Automobiles.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
Page 3 of 8 Forks Chamber of Commerce
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including: completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
4. Said commercial automobile liability policy and general commercial liability policy shall
name the County as an additional insured and shall include a provision prohibiting
cancellation or reduction of coverage of said policy except upon thirty (30) days prior
written notice to the County. Certificates of coverage as required by this Section shall be
delivered to the County within thirty (30) days of execution of this Agreement.
5. The County may, upon the Contractor's failure to comply with any or all provisions of
this contract relating to insurance, withhold payment or compensation that would
otherwise be due to the Contractor.
6. If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by the Contractor refers to an endorsement (by number or name) but
does not provide the full text of that endorsement, then it shall be the obligation of the
Contractor to obtain the full text of that endorsement and forward that full text to the
County.
7. All insurance policies obtained by FCC in order to comply with this Section shall be
primary and non-contributory as against any coverage provided through any
memorandum of coverage for third party liability claims or actions obtained and retained
by the County through a Ch. 48.62 RCW "Risk Pool."
8. It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance.
The insurance maintained by FCC under this Agreement shall not in any manner limit or qualify
the liabilities or obligations of FCC under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR. The FCC and the COUNTY agree that the
FCC is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither the FCC nor any employee of the FCC shall be
entitled to any benefits accorded County employees by virtue of the services provided under this
agreement. The COUNTY shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to the FCC, or any employee,
representative, agent or contractor of the FCC. The FCC shall be responsible for all applicable
withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations,
and all other obligations of an independent organization.
Page 4 of 8 Forks Chamber of Commerce
SECTION 11: COMPLIANCE WITH LAWS. The FCC shall comply with all Federal, State,
and local laws and ordinances applicable to the work to be done under this Agreement. This
Agreement shall be interpreted and construed in accord with the laws of the State of Washington
and venue shall be in Jefferson County, Washington.
SECTION 12: DISCRIMINATION PROHIBITED. The FCC with regard to the project to be
completed under this agreement, will not discriminate on the grounds of age, sex, marital status,
sexual orientation, race, creed, color, national origin, honorably discharged veteran or military
status, or the presence of any sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a person with a disability, unless based upon a bona fide occupational
qualification in the selection and retention of employees, materials, supplies, contractors or
subcontractors.
SECTION 13: INTEGRATED AGREEMENT. This agreement together with attachments or
addenda represents the entire and integrated agreement between the County and the FCC and
supersedes all prior negotiations, representations, or agreements written or oral. This agreement
may be amended only by written instrument signed by both the County and the FCC.
APPROVED and signed this 21y` day of J'L✓ti w�� . L• ,?Cl
Attest:
Carolyn Gallaway, CMC
Deputy Clerk of the Board
Approved as to Form:
/� �lli f2o2s
Philip Hunsucker,
Chief Civil Deputy Prosecutor
JEFFERSON COUNTY
B MISSIONERS
Chair
CrPJ Rrc rherh'
F S CHAMBER OF COMMERCE
i
Authorized fficial
Page 5 of 8 Forks Chamber of Commerce
EXHIBIT A
Proposed 2020 Forks Chamber of Commerce Lodging Tax Budget
West Jefferson County
Noses
ONP Kalalo& VC Staff
S20,668.00 May lb • September 30
Lodging Concierge Service
5375,00
Map / Brochure Preparation
SO 00
Mailing 8 Dowibution
52,500 00
Mick Bodge Coloring Sheet
537500
VIC Staffing
$22,052,00 1 staff member `at 152D hours at 513.50Jhr & payroll taffies
Tourism Marketing
$3,500,00 $1000 Coho Mag; S1000 WA State Vis Guide; $1500 other
Total W Jefferson County
$49,470.00
Page 6 of 8
Forks Chamber of Commerce
Jefferson
Townsend,
July 7, 2020
Forks Chamber
Lissy Andros
1411 S. Forks Avenue
Forks, WA 98331
Re: Agreement Amendment No. 1 for 2020 LTAC Funding — Forks Chamber of Commerce
Dear Ms. Andros,
Enclosed for signature are two (2) original amendments 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.
The amendment is to reduce the amount of 2020 grant funding due to 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.
Sinroerely,
Leslie Locke
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc(r co.jefferson.wa.us