HomeMy WebLinkAboutNorth Hood Canal Chamber of Commerce - 120720 ` CONTRACT AMENDMENT#1 �
B Y and Between II`
JEFFERSON COUNTY
and
NORTH HOOD CANAL CHAMBER OF COMMERCE
For Hotel-Motel Funding 2020
This Amendment#1 is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY"
and the NORTH HOOD CANAL CHAMBER OF COMMERCE (hereinafter known as "NHCCC").
WHEREAS, the COUNTY and the NHCCC entered into an Agreement on May 11, 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 NHCCC has volunteered to reduce the amount of their 2020 grant funding;and
WHEREAS,on October 7,2020 the Jefferson County Lodging Tax Advisory Committee(LTAC)
reviewed and recommended a reduction in the amount of$20,000;
NOW,THEREFORE,IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN that the
Agreement executed on May 11,2020 is hereby amended as follows:
1. Paragraph 2 of"Section 3:Responsibility of Jefferson County"of the May 11,2020 Agreement is hereby
amended as follows:
2. The County recognizes that an original allocation to the NHCCC of$64,220 in Hotel-Motel funds
to promote Jefferson County has voluntarily been reduced by$20,000 because of the impacts of
the COVID-19 pandemic,resulting in an allocation of$44,220 in 2020. Therefore, funding is in
the sum of$44,220 for 2020. Semi-annual payments totaling $44,220 have been issued to the
NHCCC. Payments are to be predicated on quarterly reports defined in Section 2. The COUNTY
will make payment on the first available billing cycle of the quarter.
2. Paragraph 3 is added to"Section 3: Responsibility of Jefferson County"of the May 11, 2020 Agreement
as follows:
3. The$20,000 reduction from 2020 is earmarked for potential use by the NHCCC to promote Jefferson
County in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award
those funds to the NHCCC in 2021 and approval by the Board of County Commissioners.
3. Paragraph 4 is added to"Section 3:Responsibility of Jefferson County"of the May 11, 2020 Agreement
as follows:
4. The$20,000 reduction from 2020 will be made available during the 15t quarter of 2021 for potential
use by NHCCC to promote Jefferson County in 2021.
4. "Section 4: Term"of the May 11,2020 agreement is hereby amended as follows: This agreement
shall be for a term of fifteen(15)months, commencing on January 1, 2020 and ending on March 31,
2021. The reports referenced in Section 2, will be due January 31,2021 and February 28, 2021.
5. All other terms and conditions of the original Agreement executed on May 11, 2020 will remain the
same.
APPROVED and signed this /day of December, 2020.
JEFFERSO COUNTY
Attest: RS
CAA L� ( G laws
Carolyn Gallaway, reg Brot n, Chair
Deputy Clerk of the Board
A rove s to Form: NORTH HOOD CANAL CHAMBER
•
Vel
Philip Hunsucker, fzu 43 Authorized Official A. �����
Chief Civil Deputy Prosecuting Attorney
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke,Executive Assistant
DATE: A?cenAlcr l ,2020
SUBJECT: AGREEMENT,Amendment#1 re: 2020 Lodging Tax Funding; To
Allow Grant Recipients to Invoice up to the Amount of their Voluntary
2020 Funding Reduction during the 1st Quarter of 2021; North Hood
Canal Chamber of Commerce
STATEMENT OF ISSUE:
2020 Lodging Tax Funding Recommendations from the Lodging Tax Advisory Committee (LTAC) to
extend the invoicing of 2020 funds through the Pt Quarter of 2021.
ANALYSIS:
The Lodging Tax Advisory Committee have submitted a recommendation the County Commissioners to
authorize amendments to the 2020 contracts. The amendments would allow grant recipients to invoice up
to the amount of their voluntary 2020 funding reduction, during the Pt quarter of 2021. All recipients will
be given the opportunity to amend their 2020 funding agreement. On October 26, 2020, the BOCC
approved the LTAC's recommendation.
FISCAL IMPACT:
No impact. The funds have been budgeted in 2020. Due to the COVID 19 pandemic there has been a
decrease in tourism. 2020 grant recipients were asked to make any reductions with the understanding that
any reduction would be earmarked for potential use to promote Jefferson County in 2021,contingent on a
recommendation by the Lodging Tax Advisory Committee to award those funds in 2021 and approval by the
Board of County Commissioners.
RECOMMENDATION:
Approve Amendment No. 1 to the 2020 Lodging Tax Funding Agreement with North Hood Canal
Chamber of Commerce.
REVI• ' 1115 BY:
par
/2/370e2-.
Phi' orley, Count, A. . mistr for Date
CONTRACT REVIEW FORM
CONTRACT WITH: North Hood Canal Chamber of Commerce TRACKING NO.: BOCC 2020-28
(Contractor/Consultant)
CONTRACT FOR: Amend#1 for 2020 Lodging Tax Funding
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Philip Morley NOV 04 2020
Contact Phone #: Ext.383
JEFFERSON COUNTY
RETURN TO: Leslie Locke RETURN BY: ASAC O MMISSIONERS
(Person in Department) (Date)
AMOUNT: $20,000 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 BY R NT
Review y: G �j�2c�2r
Date Reviewe :
APPROVED FORM ❑ Returned for revision(See Comments)
Comments
Step 2: REVIEW BY OS NG ATTORNEY
Review by: f Philip C. Hunsucker
Date Reviewed: I / 2,, 20 Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM eturned for revision(See Comments)
Comments * k4,.i laetafrituf
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.)
�C
a► .00N c O 1820 Jefferson Street
,�� 0�� tie
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 David W. Sullivan, District 2 Greg Brotherton, District 3
December 8, 2020
North Hood Canal Chamber
Stacey Nimmo
P.O. Box 774
Quilcene, WA 98376
Re: Agreement Amendment No. 1 for 2020 LTAC Funding—North Hood Canal Chamber
Dear Ms. Nimmo,
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 allow grant recipients to invoice up to the amount of their voluntary 2020
funding reduction during the 1'quarter of 2021.
Thank you for your assistance.
Sin erely,
eslie Lock
Executive Assistant
Enclosure
Phone (360) 38 -9100 Fax (360) 385-9382 jeftbocc(rico.jefferson.wa.us
•
148tOcchiJ(Civ4i 9.,xe
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
NORTH HOOD CANAL CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the NORTH HOOD CANAL CHAMBER OF COMMERCE(hereinafter known
as"NHCCC").
WHEREAS,the NHCCC is a non-profit corporation of the State of Washington; and
WHEREAS,the COUNTY desires to promote tourism by providing information to guests,
support and staff to information centers in unincorporated Jefferson County,as well as workshops,
conferences and materials to enhance productivity of visitor information centers in the promotion of
the tourism industry,as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter
3.25; and
WHEREAS,the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the North Hood Canal Chamber of Commerce to
operate visitor centers in Quilcene and Brinnon;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The NHCCC shall use its capabilities and utilize the funding provided under this agreement to
continue and update the ongoing performance of the following tourism promotion services,as
outlined below:
1. Be responsible for the daily operation and continuation of the Quilcene Visitor's Center
and the Brinnon Visitor's Center and provide visitor information materials for the
Dosewallips State Park,consistent with the Itemized List of Proposed Tourism Promotion
Services and NHCCC Lodging Tax budget, a copy of which are incorporated herein and
attached hereto as Exhibit A. In recognition of the unavoidable disruption to tourism
activities from the COVID-19 pandemic,NHCCC may substitute other Promotion Services
in 2020 in using the funding provided through this Agreement,upon prior presentation of an
itemized list to the Lodging Tax Advisory Committee(LTAC)and affirmative vote by the
LTAC recommending that NHCCC proceed with the proposed substitution. In such case
no amendment to this Agreement shall be required and NHCCC may use the funding to
perform the substitute Promotion Services in 2020.
Page: 1 of 9 North Hood Canal Chamber of Commerce
SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF
COMMERCE
1. On or before January 31; April 30;July 31; October 31,2020;and January 31, 2021,
provide to the COUNTY:
• A quarterly report of the use, services,programs and activities of the NHCCC under this
Agreement for the prior quarter;
• A quarterly financial statement detailing revenues,expenses and cash balances for the
prior quarter;and for the final quarter report,the financial statement shall also include a
detailed financial statement for all 2020.
2. On or before January 31,2020(OR upon execution of this agreement,whichever is later)
and July 31,2020,provide to the COUNTY:
• A billing statement requesting payment of Hotel-Motel Funding for the current half
year.
3. For a minimum of six(6)years, maintain documented proof of payments made,contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County. Any monies under-expended of the total funding allocated
under this Agreement shall be refunded to Jefferson County by January 31,2021.
5. By February 28th of each year provide the following information on Exhibit B, attached
hereto and incorporated by reference for the previous year.
a. Each festival,event,or tourism facility owned and/or operated by NHCCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the NHCCC on each festival,event or tourism facility.
c. Estimated number of tourists served at each festival,event or tourism facility. ("Tourist"
includes persons traveling more than 50 miles to the location of the event, festival or
facility and overnight stays in the area).
d. Estimated lodging stays. ("Lodging"refers to commercial lodging such as hotels,
motels,resorts,bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
1. The COUNTY will provide the NHCCC funding from Hotel-Motel Tax receipts to be used
in support of their responsibilities as defined under this agreement.
2. Said fundingis in the sum of$64 220 for 2020. Semi-annual payments of$32,110 will be
P ym
made in the first and third quarter of 2020. Payments are to be predicated on submittal of
Page: 2 of 9 North Hood Canal Chamber of Commerce
reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an
invoice on the next available billing cycle.
SECTION 4: TERM
This Agreement shall be for a term of one year,commencing on January 1,2020 and ending on
December 31,2020,except for the reports referenced in Section 2,due January 31,2021 and
February 28,2021.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement,except by signed amendment.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated and/or renegotiated, in whole or in part,by the County upon
thirty(30)days written notice in the event expected or actual revenue from the Hotel-Motel Tax is
reduced or limited in any way, or for non-performance of duties under this Agreement, or for any
reason. The NHCCC may terminate this Agreement upon thirty(30)days written notice to the
COUNTY. In the event of termination under this clause,the County shall be liable to pay only for
services rendered prior to the effective date of termination. If termination covers a period for which
payment has already been made,NHCCC shall refund to the COUNTY a pro-rated share of the
payment based upon the balance of time remaining in the paid period,unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
The NHCCC shall indemnify and hold the COUNTY, and its officers,employees,and agents
harmless from and shall process and defend at its own expense, including all costs, attorney fees
and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in
part,directly or indirectly, from the NHCCC's negligence or breach of any of its obligations
under this Agreement;provided that nothing herein shall require the NHCCC to indemnify the
COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely
upon the conduct of the COUNTY, its officers,employees and agents, and;provided further that
if the claims or suits are caused by or result from the concurrent negligence of: (a)the NHCCC's
agents or employees; and, (b)the COUNTY, its officers, employees and agents,this indemnity
provision with respect to claims or suits based upon such negligence, and/or the costs to the
COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the
extent of the NHCCC's negligence,or the negligence of the NHCCC's agents or employees.
The NHCCC specifically assumes potential liability for actions brought against the COUNTY by
the NHCCC's employees,or any other persons engaged in the performance of any work or
Page: 3 of 9 North Hood Canal Chamber of Commerce
service required of the NHCCC under this Agreement and, solely for the purpose of this
indemnification and defense,the Contractor specifically waives any immunity under the state
industrial insurance law, Title 51 RCW. The NHCCC recognizes that this waiver was
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation.
SECTION 9: INSURANCE
The NHCCC shall obtain and keep in force during the term of the Agreement,or as otherwise
required,the following insurance with companies or through sources approved by the State
Insurance Commissioner pursuant to RCW 48.
1. Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington. The NHCCC shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all NHCCC
employees, agents and volunteers eligible for such coverage under the Industrial
Insurance Act.
2. Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than$1,000,000 per
occurrence in connection with the NHCCC's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000.00)per occurrence and an aggregate of not less than two(2)
times the occurrence amount ($1,000,000.00 minimum)for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including: completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Said commercial automobile liability policy and general commercial liability policy shall name
the County as an additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty(30)days prior written notice to the
County. Certificates of coverage as required by this Section shall be delivered to the County
within thirty(30)days of execution of this Agreement.
Page: 4 of 9 North Hood Canal Chamber of Commerce
The County may, upon the Contractor's failure to comply with any or all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise be due to
the Contractor.
If the proof of insurance or certificate indicatingthe County is an"additional insured"to a policy
obtained by the Contractor refers to an endorsement(by number or name)but does not provide
the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full
text of that endorsement and forward that full text to the County.
All insurance policies obtained by the NHCCC in order to comply with this Section shall be
primary and non-contributory as against any coverage provided through any memorandum of
coverage for third party liability claims or actions obtained and retained by the County through a
Ch. 48.62 RCW"Risk Pool."
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance.
The insurance maintained by the NHCCC under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of the NHCCC under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The NHCCC and the COUNTY agree that the NHCCC is an independent contractor with respect
to the services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between the parties hereto.
Neither the NHCCC nor any employee of the NHCCC shall be entitled to any benefits accorded
County employees by virtue of the services provided under this agreement. The COUNTY shall
not be responsible for withholding or otherwise deducting federal income tax or social security or
for contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to the NHCCC, or any employee, representative, agent or contractor of the
NHCCC. The NHCCC shall be responsible for all applicable withholdings, deductions, state
industrial insurance,tax reports,business licenses,registrations, and all other obligations of an
independent organization.
SECTION 11: COMPLIANCE WITH LAWS
The NHCCC shall comply with all Federal, State, and local laws and ordinances applicable to the
work to be done under this Agreement. This Agreement shall be interpreted and construed in
accord with the laws of the State of Washington and venue shall be in Jefferson County,
Washington.
Page: 5 of 9 North Hood Canal Chamber of Commerce
SECTION 12: DISCRIMINATION PROHIBITED
The NHCCC with regard to the project to be completed under this agreement, will not
discriminate on the grounds of age, sex,marital status, sexual orientation, race, creed, color,
national origin,honorably discharged veteran or military status, or the presence of any sensory,
mental,or physical disability or the use of a trained dog guide or service animal by a person with
a disability, unless based upon a bona fide occupational qualification in the selection and
retention of employees,materials,supplies, contractors or subcontractors.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the NHCCC and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both the County and the NHCCC.
APPROVED and signed this //eday of May,2020.
JEFFERSO !COUNTY
Attest: BOAOF OMMISSIONERS
6/Al
Carolyr'Gallaway,CMC rotherton,Chair
Deputy Clerk of the Board
Ap oved as to orm: NO TH HOOD CANAL CHAMBER
. e: J'A'Are Zit.0 111• /IL/Z.6'4-'41d
Philip Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 6 of 9 North Hood Canal Chamber of Commerce
EXHIBIT A
NHCCC Lodging Tax 2020 Budget
417 PM North Hood Canal Chamber of Commerce
10/17n' Budget Overview
Accrual Basis January through December 2020
100 Chamber Funds i Me Lodging Tim rands TOTAL
Jar-Dec 20 Jan-Dec 20 Jan•Dec 20
ordinary Ine.orne/Expronee
lnco to
5•Earned Income(Revenue)
5040•Local govemment contracts
5042 LTAX Visitor Canter Grant I 04220,00 64_220.00
Total 5040•Local government contracts 64.220.00 64220.00
5210•Dun,Member 2,300.00 2.300.00
5310•Intuael on checking/saving. 15 00 15.00 30.00
8440-Gross sales-inventory 3,000.00 3 000.00
SM30•Advertising revenue 30.00 I 30.00
Total 5•Earned income(Rervmnum) 5 345 00 64,235.03 t 69 580.00
Total Income 5.345.00 64,235.00' 89 580.00
Gross Protlt 5.34.5.00 64.235 00 69 580.00
Expense
7•Program Services
7000.Grant&program aspens. 2 600 00 2.600-00
7200.lalada i staid sapenses
7220•Llamas&wages
T221•Payroll 53,638.00 53,638.00
Total 7220.Salaries i wages 53.638.00 53.638 CO
7250•Payroll taxes 4,939.50 4,939.50
Total 7200.Salsrles 8 related expense 58,577.50 58,577.50
7500.Outside services
7520•Aeeountind rims 1.000.00 1,000.00
Total 7500•Waldo services 1.000.00 i 1,000 00
Total T•Program Smite. 2.800.00 - -59 577 50 62,177 50 - _
B•Adlminatratiw Expense
8100•Nonpe sonnel expanses 1.370.00 1.950 00 3,320 CO
0300•Travel&,nlgunge expense* I 107 50 107.60
$500•Other expense,
B520•Insurance 325.00 2,600 00 I 2.925.00
$591-Bank charges&credit card disc 1 000 00 I 1.000.0U
Total 0500.Other aspens.. 1 325.00 2.6CC 00 3.925 00
11600•business summon
8660-Taxes&Ikonems-other 50 00 50.00
Total$600•Business expenses 5000 50 00
Total 0•Adalnstrativo Expanse 2 745 00 4•057 50 7,402.50
Total Expense 5.345.00 64,235.00! 69,580.00
Net Ordinary Income 0.00 0.00 0.00
Net Income 0.00 0.00 0.00
Page 7 of 9 North Hood Canal Chamber of Commerce