HomeMy WebLinkAboutJefferson County Chamber of Commerce, Amendment No. 1 - 120720 ( r = -dcCf ter ("-~7-a)
C • T7 - CONTRACT AMENDMENT#1 a)ai.
Cfer By and Between
JEFFERSON COUNTY
and
JEFFERSON COUNTY CHAMBER OF COMMERCE
For Hotel-Motel Funding 2020
This Amendment#1 is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the JEFFERSON COUNTY CHAMBER OF COMMERCE (hereinafter known as
"JCCC").
WHEREAS, the COUNTY and the JCCC entered into an Agreement on June 15, 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 JCCC 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 to the Board of County Commissioners to amend their current funding
agreements to allow grant recipients to invoice up to the amount of their voluntary 2020 funding
reduction, during the 1st quarter of 2021;
NOW,THEREFORE, IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN that
the Agreement executed on June 15,2020 is hereby amended as follows:
1. Paragraph 3 of"Section 3: Responsibility of Jefferson County"of the June 15, 2020 agreement is
hereby amended as follows:
3. The $5,000 reduction from 2020 will be made available during the 1st quarter of 2021 for potential
use by the JCCC to promote Jefferson County in 2021.
2. "Section 4: Term"of the June 15,2020 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.
3. All other terms and conditions of the original Agreement executed on June 15, 2020 will remain the
same.
—74
APPROVED and signed this / `day of December, 2020.
JEFFER ON COUNTY
Attest: BO OF COMMISSIONERS
Cfi
Carolyn allaway, CMC° Greg B otherton, Chair
Deputy Clerk of the Board
A proved as to Form: JEFFERSON COUNTY
CHAM R OF COMME E
44/
7/4/21(v
'^
Philip Hunsucker, "i/
Chief Civil Deputy Prosecuting Attorney A ene Alen, ctor
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: V&c ern r( ,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 Pt Quarter of 2021; Jefferson
County 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 Jefferson County Chamber
of Commerce.
REV ED BY:
/WZ-gP2.0.
Orley, un A or Date
CONTRACT REVIEW FORM
CONTRACT WITH: Jefferson County Chamber of Commerce TRACKING NO.: BOCC 2020-25
(Contractor/Consultant) � � i 1 CONTRACT FOR: Amend#1 for 2020 Lodging Tax Funding TERM: 12
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Philip Morley
Contact Phone # Ext.383 OCT 2 9 2020
URETURN TO Leslie Locke RETURN BY: AS N T 0
(Person in Department) I 1 1, !�. 1
AMOUNT: $5,000 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 RIS T
Review b .
Date Reviewe
APPROVED FORM ❑ Returne or revision(See Comments)
Commen s
Step 2: REVIEW BY P OS ING ATTORNEY
Review by: Philip C. Hunsucker
,_
Date Reviewed: r/ Chief Civil Deputy Prosecuting Attorney
8 APPROVED AS TO FORM ic eturned for revision(See Comments)
Comments -G' d,,s ,fiupt Pi -
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.)
CO
a►o �$0 c 1820 Jefferson Street
rt, k 06 s PO Box 1220
'N, Port Townsend, WA 98368
Kate Dean, District 1 David W. Sullivan, District 2 Greg Brotherton, District 3
fc
4j t
December 8, 2020
Jefferson County Chamber
Arlene Alen, Director
2409 Jefferson Street, Ste. A
Port Townsend, WA 98368
Re: Agreement Amendment No. 1 for 2020 LTAC Funding—JC Chamber of Commerce
Dear Ms. Alen,
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 Pt quarter of 2021.
Thank you for your assistance.
Sin rel ,
Leslie Lock
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffboccr co.jefferson, a.us
t ,,nn I-
ris .R •
14
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY CHAMBER OF COMMERCE
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY"and the JEFFERSON COUNTY CHAMBER OF COMMERCE(hereinafter known
as "JCCC").
WHEREAS,the JCCC is a non-profit corporation of the State of Washington;and
WHEREAS,the COUNTY desires to promote tourism in unincorporated East Jefferson
County,especially in the greater Port Hadlock/Tri-Area region and Port Ludlow region,by
providing information to guests, support and staff to information centers,as well as workshops,
conferences and materials to enhance productivity of visitor information centers and other means 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 Jefferson County Chamber of Commerce to:
support marketing outside the County and other tourism promotion 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 JCCC shall use its capabilities and utilize the funding provided under this agreement to
perform the tourism promotion services as described in 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,and to continue and update the ongoing performance of the following tourism
promotion services,as outlined below:
1. Assist in marketing events and other tourism promotion activities in unincorporated Jefferson
County with a particular focus on the greater Port Hadlock/Tri-Area region and Port Ludlow
Region.
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.
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.
Page: 1 of 10 Jefferson County Chamber of Commerce
4. As vacancies occur,recommend potential representatives and alternates,preferably Chamber
members, for inclusion with other candidates for consideration by the Board of County
Commissioners for appointment to the Tourism Coordinating Council to represent the Port
Hadlockk/Tri-Area region and the Port Ludlow region.
5. In recognition of the unavoidable disruption to tourism activities from the COVID-19
pandemic,JCCC 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
affirmative vote bythe LTAC recommendingthat JCCC
Advisory Committee(LTAC)and
proceed with the proposed substitution.In such case no amendment to this Agreement shall be
required and JCCC may use the funding to perform the substitute Promotion Services in 2020.
SECTION 2: RESPONSIBILITIES OF THE JEFVERSON COUNTY 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 JCCC 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,provide to the
COUNTY:
• A billing statement 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.
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 JCCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the JCCC 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).
Page: 2 of 10 Jefferson County Chamber of Commerce
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 JEF+'FERSON COUNTY
1. The COUNTY will provide the JCCC 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 the JCCC of$20,000 in Hotel-Motel
funds for tourism promotion services has voluntarily been reduced by$5,000 because of the
impacts of the COVID-19 pandemic,resulting in an allocation of$15,000 in 2020.
Therefore,funding is in the sum of 15,000 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.
3. The$5,000 reduction from 2020 is earmarked for potential use for tourism promotion
services by the JCCC in 2021,contingent on a recommendation by the Lodging Tax
Advisory Committee to award those funds to the JCCC in 2021 and approval by the Board
of County Commissioners.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1,2020 and ending on
December 31,2020, except for the reports referenced in Section 2,due January 31,2021 and
February 28, 2021. 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 JCCC
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
Page: 3 of 10 Jefferson County Chamber of Commerce
made,JCCC 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 JCCC 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 JCCC's negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require the JCCC 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 JCCC'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
JCCC's negligence, or the negligence of the JCCC's agents or employees.
The JCCC specifically assumes potential liability for actions brought against the COUNTY by
the JCCC's employees, or any other persons engaged in the performance of any work or service
required of the JCCC 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 JCCC 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 JCCC 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 JCCC shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all JCCC
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 JCCC's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
Page: 4 of 10 Jefferson County Chamber of Commerce
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00)per occurrence and an aggregate of not less than two (2)
times the occurrence amount($1,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including: completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Said commercial automobile liability policy and general commercial liability policy shall name
the County as an additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty(30) days prior written notice to the
County. Certificates of coverage as required by this Section shall be delivered to the County
within thirty(30) days of execution of this Agreement.
The County may, upon the Contractor's failure to comply with any or all provisions of this
contract relating to insurance,withhold payment or compensation that would otherwise be due to
the Contractor.
If the proof of insurance or certificate indicating the County is an "additional insured"to a policy
obtained by the Contractor refers to an endorsement(by number or name)but does not provide
the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full
text of that endorsement and forward that full text to the County.
All insurance policies obtained by JCCC 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 JCCC under this Agreement shall not in any manner limit or qualify
the liabilities or obligations of JCCC under this Agreement.
Page: 5 of 10 Jefferson County Chamber of Commerce
SECTION 10: INDEPENDENT CONTRACTOR
The JCCC and the COUNTY agree that the JCCC 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
JCCC nor any employee of the JCCC 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 JCCC, or any employee, representative,agent or contractor of the
JCCC. The JCCC 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 JCCC 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 JCCC 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 JCCC 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 JCCC.
Page: 6 of 10 Jefferson County Chamber of Commerce
APPROVED and signed this t/`"day of June,2020.
JEFFERS IN COUNTY
Attest: BO• .44 COMMISSIONERS
OW I
arol Gallaway, CM :' •V
'II,Chair
Deputy Clerk of the Board
Approved as to Form: JEFFERSON COUNTY CHAMBER
OF C 1VIMERCE
Philip Hunsucker, Ar ene Alen irector
Chief Civil Deputy Prosecutor
Page: 7 of 10 Jefferson County Chamber of Commerce
•
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
[Note: Jefferson County Chamber shall decrease total lodging tax expenditures to$15,000]
Chamber of Jefferson County 2fI20
Get Away Guide Projected Expense
Quanity 50,000 2-page ads
Distribution Reach 60,000 travelogs
Printing&Distribution Cost 4750
Proposed LTAC Support 4750 4,750
Chamber income 0
Jefferson County Chamber Map
Quanity 60,000
Distribution Reach 280,000 impressions
Printing&Distribution Cost 11,500
Proposed LTAC Support 11,500 11,500
Chamber Income 0
Ferry Video Distrtution-Seasonal Video submissions
Quanity 20 second videos-push to prilnt media on Ferry/terminal
Distribution Reach on terrys and in termiinaIs Seattie/8a nbridge,Edmonds-Kingston,Coupevllle/PT
Distribution Cost 5,500
Production Costs 1,500
Proposed LTAC Support 5,500 5,500
Chamber income 0
Port Ludlow Outdoor Movie Night
Signs&banners 1,250
Posters&Social Media 1,400
Advertisling&Creative($100.Hr} 2,2C0
Chamber Total Production Cost 2,500
Event Cost 11,800
Proposed LTAC Suppport 2,50) 2,500
Chamber Income 0
Washington State Road Mgt
El Fold Cluanity 100,000 maps 1,450
0istrIbutlon/iteach 1004 outlets
Creative 150
Production 1,600
Proposed LTAC Support 1,600 1,600
Chamber Income 0
Port Hadlock Block Party
Event Cost unknown
Chamber Suppport 1,000
Chamber Income 0
Propposed LTAC Support 1,000 1000
Webelte Updating&Social Promo 4,500 VisitJeffersoncountywa.cam
lion of TCC&OPTC.EnjoyPT new sites 750
Proposed LTAC Support 4,500 4,500
Income 0
Total LTAC Proaosed Support' 31,350
Page 8 of 10 Jefferson County Chamber of Commerce