HomeMy WebLinkAboutQuilcene Historical Museum, Amendment No. 1 - 070620CONTRACT AMENDMENT # 1
By and Between
JEFFERSON COUNTY
and
QUILCENE HISTORICAL MUSEUM
For Hotel -Motel Funding 2020
This Amendment # 1 is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the
OUILCENE HISTORICAL MUSEUM (hereinafter known as "MUSEUM").
WHEREAS, the COUNTY and the MUSEUM entered into an Agreement on January 21, 2020 for Hotel -
Motel Funding in 2020; and
WHEREAS, the parties desire to amend the terms of that Agreement; and
WHEREAS, in recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic,
the MUSEUM 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 $11,215;
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
MUSEUM 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 MUSEUM proceed with the proposed
substitution. In such case no amendment to this Agreement shall be required and the MUSEUM 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 MUSEUM of $44,430 in Hotel -Motel funds to
promote Jefferson County has voluntarily been reduced by $11,215 because of the impacts of the COVID-
19 pandemic, resulting in an allocation of $33,215 in 2020. Therefore, funding is in the sum of $33,215
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. Paragraph 3 is added to "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement as
follows:
3. The $11,215 reduction from 2020 is earmarked for potential use by the MUSEUM to promote Jefferson
County in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those
funds to the MUSEUM 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.
Attest:
QnolytOGallaway, --
DeputyClerk of the Board
Approved as to Form:
- r 1 7/2/2020
Philip Hunsucker,
Chief Civil Deputy Prosecuting Attorney
JEFFERS
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F OMMISSI ERS
Br therton, Chair
' LCENE C SEUM
u ze i lal
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 $11,215 for a Total of $33,215; Quilcene Historical
Museum
STATEMENT OF ISSUE: The Board of County Commissioners are asked to approve an
amendment reducing funding to the Quilcene Historical Museum 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 Quilcene Historical
Museum, and earmarks the dollars reduced for potential use in 2021, subject to a future
recommendation by the Lodging Tax Advisory Committee subject to approval by the Commissioners.
FISCAL IMPACT: An original allocation to the Quilcene Historical Museum of $44,430 in Hotel -
Motel funds to promote Jefferson County tourism has voluntarily been reduced to $33,215 in 2020. The
$11,215 reduction is earmarked for potential use by the Quilcene Historical Museum to promote
Jefferson County in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to
award those funds to the Quilcene Historical Museum in 2021 and approval by the Board of County
Commissioners.
RECOMMENDATION: Approve and sign the amendment to agreement.
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V,un�y
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11,
dminist for Date:
CONTRACT REVIEW FORM
CONTRACT WITH: Quilcene Historical Museum TRAC*IN6 N0-:u BOCC 2020-17
(Contractor/Consultant)
CONTRACT FOR: Amend. #1; Lodging Tax Grant Funding
COUNTY DEPARTMENT: County Administrator
41,
For More Information Contact: Leslie Locke or
Contact Phone #: Ext.102
RETURN TO: Leslie Locke
(Person in Department)
AMOUNT: $11,215 Reduction
(New Funding
Amount $33,215)
Ext.
RETURN BY: 7/7/2020
(Date)
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
7 nther
Step 1:
L Date Rel�i�
APPROVED FORM
Comments
❑ Returned for revision (See 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.)
U�f,q
AGREEMENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE HISTORICAL MUSEUM
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the QUILCENE HISTORICAL MUSEUM (hereinafter known as "MUSEUM").
WHEREAS, the MUSEUM is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by documenting, preserving and
displaying County heritage for the benefit of its residents and to encourage tourist interest in
Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25;
and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Quilcene Historical Museum to promote,
operate and maintain the museum as a cultural resource and tourism destination, and to provide
information to tourists and residents about the local area;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The MUSEUM 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
consistent with the Itemized List of Proposed Tourism Promotion Services and Lodging Tax
Budget a copy of which is incorporated herein and attached hereto as Exhibit A:
1. Operation of the Quilcene Historical Museum and programs, including:
a. Care of the collection for its long-term maintenance.
b. Outreach to County residents through educational programs and Museum exhibits
regarding cultural and natural heritage.
c. Continued documentation of County heritage through collecting, oral history, research
and other means.
d. Advocacy of heritage preservation through all available means including the
enhancement of heritage based tourism for the economic development of the County.
2. Be a point of contact for the Jefferson County Tourism Coordinating Council for support
and participation in tourism promotional activities; assist in developing regional
promotional material in conjunction with other Chambers of Commerce and the Tourism
Coordinating Council.
Page: 1 of 9 Quilcene Historical Society
3. Respond to specific requests referred by the Olympic Peninsula Tourism Commission,
the Jefferson County Tourism Coordinating Council and all other Jefferson County
visitor's centers and Chambers of Commerce.
4. As vacancies occur, recommend potential representatives and alternates for inclusion with
other candidates for consideration by the Board of County Commissioners for appointment
to the Tourism Coordinating Council to represent the Quilcene region.
SECTION 2: RESPONSIBELITIES OF THE OUILCENE HISTORICAL MUSEUM
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 MUSEUM 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) 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 28m 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 MUSEUM.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the MUSEUM 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.
Page: 2 of 9 Quilcene Historical Society
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
The COUNTY will provide the MUSEUM 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 $44,430 for 2020. Semi-annual payments of $22,215 will be
made in the first and third quarter of 2020. Payments are to be predicated on submittal of
reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an
invoice on the next available billing cycle.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2020 and ending on
December 31, 2020, except for the reports referenced in Section 2, due January 31, 2021 and
February 28, 2021. All activities performed pursuant to this Agreement within its term and prior to
its execution are 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
MUSEUM 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, MUSEUM 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.
SECTIONS: HOLD HARMLESS
The MUSEUM 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 MUSEUM's negligence or breach of any of its obligations
Page: 3 of 9 Quilcene Historical Society
under this Agreement; provided that nothing herein shall require the MUSEUM 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 o£ (a) the
MUSEUM'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 MUSEUM's negligence, or the negligence of the MUSEUM's agents or
employees.
The MUSEUM specifically assumes potential liability for actions brought against the COUNTY
by the MUSEUM's employees, or any other persons engaged in the performance of any work or
service required of the MUSEUM 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 MUSEUM 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 MUSEUM 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.
l . Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington. The MUSEUM shall maintain Workers' Compensation coverage as
required under the Washington State Industrial Insurance Act, RCW Title 51, for all
MUSEUM 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 MUSEUM'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;
Page: 4 of 9 Quilcene Historical Society
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 MUSEUM 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 RC W "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 MUSEUM under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of MUSEUM under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The MUSEUM and the COUNTY agree that the MUSEUM 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 MUSEUM nor any employee of the MUSEUM 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 MUSEUM, or any employee, representative, agent
or contractor of the MUSEUM. The MUSEUM shall be responsible for all applicable
Page: 5 of 9 Quilcene Historical Society
withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations,
and all other obligations of an independent organization.
SECTION 11: COMPLIANCE WITH LAWS
The MUSEUM 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 MUSEUM 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 MUSEUM 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 MUSEUM.
APPROVED and signed this .I5 day of�.XkW;1') : 20 20 .
Attest:
Carolyn Gallaway,
Deputy Clerk of the Board
Approved/as to Form:
�el l Z 0zo
Philip Hunsucker,
Chief Civil Deputy Prosecutor
COUNTY
BOARD
Chair
6re� Erode,-hrL
QUIL NE HISTORICAL SOCIETY
,r n
Authorized Official
Page: 6 of 9 Quilcene Historical Society
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
[Note: Quilcene Historical Museum shall decrease total lodging tax expenditures to $44,4301
" iNSM &OGIO aCer0M11! $ 8, 040 V1,040 S 1 I P "C''
low eod-ihb nwadsom l o-i-wi report
trod u m colwa inn @Vat lerbis & euppiiee
FAM bin, Cdnwy Loon 101 lk Mery, Oft iirdmw Fair, Q fiww AkwW
MM PP* Psr*wA TMAO axwwi), OPVB (Olynrpie Prs *Wib Vbfts &nw)
81e10. 6 F181k tea anmbenhiper Cftanrbdrs of Corninm, UwW Ckk 8qr Scouts
Qulos w i But = Ca t Club, Wu=G M & •It" brstrO pnoprmre, Qruioene Bow* Oub
Lwd Farm & SMbW podtmm
group burs, Vkao Wm bus 6 aducdm
ftft ISP. no Ilueern EIrNeMe Car �iM10 k6MO WM
dotsrirts, WW8dea A erettbrtenoe, EtftIClflrerd WO inks b AWCb bd ft dtrttg and evu
we.u8*Cubgww Sacco f7850 t'
Irkneum 2= S@wm Opertinp
00M
'1►M ne d Sp * Taft Four
(Aug)
WwftVtcn I QFR' Ew r W
(A M
'+ U&NM F " fteftnif
(Se)t)
QM Mwni Reunion wdrbiis
(June)
Wat�irgb VQSD Fesi�'
(Oct)
� �'o►fY�'
(�)
�t Dww
(Nov)
Walltinpbn Perk Ckrdoar Mollie NVd
(June, kp)
7WWEarpran F**Af
0 )
vufcw m haws/ t/hrsvr'1' We Trek
pm*)
'CarxtN* ti90V F~
(Dec)
WotltinMm Mansion open house burs
(June,Jury,Sept) %W,iorrre ft iloM"-gab
(Deq
Ywlarting limb 1 Ads i Promoft R2 rb1 Pattiolb Pant
5. Servkm Pf ** nw.uar it P F CorMstt s o
wab des
Affi m Co" hWoq I cuRn pubk inm bCNee matrbnertce
6. lmxg / cof*wm, oosaae,
wo-w t frm $ 400 $24ck
Cortktmm i Conrerdm I Meeting
10(j ._ 2x -
Bass Esrpsew006 0M 30
00w E* aees, Program
200 . d00 -
Abwe g * - - Cer 0II"71
Trarel
300 - 300 -
VowAn t3tpurre Cale 0 M10S
Oboe Bquertee, Admintelraiionr
2a0 -- 5W .
■w E Car0Mild
Podage, ft*tsbatiort
;,. ", - 700 -
t0r� rmp w Car 0 qW
Pttrfrtg and Car p%, Adman
100 - 300 -
88"w car 0 M210
TOTAL LTAC retest !K Museum bte= MMOd n
Page 7 of 9 Quilcene Historical Society
Jefferson
Townsend,
July 7, 2020
Quilcene Historical Museum
Brian Cullin
P.O. Box 574
Quilcene, WA 98376
Re: Agreement Amendment No. 1 for 2020 LTAC Funding — Quilcene Historical Museum
Dear Mr. Cullin,
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.
Sincerely,
Leslie Locke
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc,aco.jefferson.wa.us