HomeMy WebLinkAboutThe Production Alliance, Strongertowns Farm Tour, Amend #1 - 120720 1
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cc. , fr 1 `3.?-1 CONTRACT AMENDMENT#1
G By and Between
JEFFERSON COUNTY
� 1\" and
STRONGERTOWNS (DBA The Production Alliance—FARM TOUR)
For Hotel-Motel Funding 2020
This Amendment#1 is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and STRONGERTOWNS, dba The Production Alliance—FARM TOUR(hereinafter
known as "TPA").
WHEREAS,the COUNTY and TPA 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, TPA 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 4 is added to"Section 3: Responsibility of Jefferson County"of the June 15, 2020
agreement as follows:
4. The$7,500 reduction from 2020 will be made available during the lst quarter of 2021 for
potential use by TPA 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.
APPROVED and signed this 7 day of December, 2020.
JEFFERSO COUNTY
Attest: BOARD 0 COMMISSIONERS
Carolyn Gallaway, CMC 0 Greg B otherton, Chair
Deputy Clerk of the Board
AA roved a to Form: StrongerTowns (dba The Production Alliance)
4/
Philip unsucker ð /P1 '
p to
Chief Civil Deputy Prosecuting Attorney
A�
b° 01:111Ne 1820 Jefferson Street
� �,�, PO Box 1220
W 1 A et Port Townsend, WA 98368
ti
Kate Dean, District 1 David W. Sullivan, District 2 Greg Brotherton, District 3
IN
December 8, 2020
The Production Alliance
Jefferson County Farm Tour
Justine Gonzales-Berg
870 Martin Road
Port Townsend, WA 98368
Re: Agreement Amendment No. 1 for 2020 LTAC Funding—Farm Tour
Dear Ms. Gonzales-Berg,
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 St quarter of 2021.
Thank you for your assistance.
Si cerely,
Leslie Locke
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 Jeffoocc(a co.jefferson. a.us
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: December 1,2020
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;
StrongerTowns (DBA The Production Alliance)—Farm Tour
STATEMENT OF ISSUE:
2020 Lodging Tax Funding Recommendations from the Lodging Tax Advisory Committee (LTAC)to
extend the invoicing of 2020 funds through the 1st Quarter of 2021.
ANALYSIS:
The Lodging Tax AdvisoryCommittee have submitted a recommendation the CountyCommissioners to
g g
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 1st 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 the LTAC's recommendation authorize amendments to the 2020 funding contracts to allow grant
recipients to invoice up to the amount of their voluntary 2020 funding reduction, during the 1st quarter of
2021.
REVIE BY:
il.b/eJO
hili Orley, • Date
CONTRACT REVIEW FORM
CONTRACT WITH: StrongerTowns (dba The Production TRACKING NO.: BOCC 2020-30
Alliance) Farm Tour
(Contractor/Consultant) !
CONTRACT FOR: Amend#1 for 2020 Lodging Tax Funding TERM: 12
COUNTY DEPARTMENT: County Administrator "
For More Information Contact Philip Morley NOV 1 3 2020
Contact Phone #: Ext.383
RETURN TO: Leslie Locke RETURN BY: A
FFERSUN
(Person in Department)
AMOUNT: $7,500 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 E ��
Revi I 2.e:,2 ,
Date Re
APPROVED FORM ❑ Re ed for revision(See Comments)
Comments
Step 2: REVIEW BY ROS NG ATTORNEY
Review by: • `: ilip C. Hunsucker
Date Reviewed: f f Chie Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM* eturned 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.)
6[29 106 rc04,
CC ct
AGREEMENT FOR 2020 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
STRONGERTOWNS(DBA The Production Alliance-FARM TOUR
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and STRONGERTOWNS,dba The Production Alliance—FARM TOUR(hereinafter
known as "TPA").
WHEREAS, StrongerTowns is a non-profit corporation of the State of Washington;and
WHEREAS,the COUNTY desires to promote tourism in unincorporated Jefferson County,
as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and
WHEREAS,the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by TPA to implement a strategy for the
unincorporated area of Jefferson County to promote tourism activities;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
TPA 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. TPA shall use its capabilities and utilize up to$7,500 of funding provided under this agreement
to promote the Jefferson County Farm Tour,restricted to any of the eligible items in the
itemized list of proposed tourism promotion services,a copy of which is incorporated herein as
Exhibit A.
2. In recognition of the unavoidable disruption to tourism activities from the COVID-19
pandemic,TPA 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 TPA
proceed with the proposed substitution.In such case no amendment to this Agreement shall be
required and TPA may use the funding to perform the substitute Promotion Services in 2020.
SECTION 2: RESPONSIBILITIES OF The Production Alliance:
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 TPA under this
Agreement for the prior quarter;
• A quarterly financial statement detailing revenues,expenses and cash balances for the
prior quarter;and for the final quarter report,the financial statement shall also include a
detailed financial statement for all 2020.
Page: 1 of 9 STRONGERTOWNS—dba The Production Alliance- Farm Tour
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 expendituresAgreement. Upon authorized under this U on reasonable
notice,provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County Hotel/Motel Fund. Any monies under-expended of the total
funding allocated under this Agreement shall be refunded to Jefferson County by January
31, 2021.
5. By February 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 TPA.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by TPA 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 TPA 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 TPA of$15,000 in Hotel-Motel funds
to promote the Jefferson County Farm Tour has voluntarily been reduced by$7,500 because
of the impacts of the COVID-19 pandemic,resulting in an allocation of$7,500 in 2020.
Therefore,funding is in the sum of 7,500 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$7,500 reduction from 2020 is earmarked for potential use by TPA to promote the
Jefferson County Farm Tour in 2021,contingent on a recommendation by the Lodging Tax
Advisory Committee to award those funds to TPA in 2021 and approval by the Board of
County Commissioners.
Page: 2 of 9 STRONGERTOWNS—dba The Production Alliance- Farm Tour
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. Work performed during the term and pursuant to this Agreement,but prior to
its complete execution, is hereby ratified.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement,except by signed amendment.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated, in whole or in part,by the County upon thirty(30)days written
notice in the event expected or actual revenue from the Hotel-Motel Tax is reduced or limited in
any way,or for non-performance of duties under this Agreement,or for any reason.TPA 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, TPA 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
TPA 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 TPA's negligence or breach of any of its obligations under this
Agreement; provided that nothing herein shall require TPA 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)TPA'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 TPA's negligence, or
the negligence of TPA's agents or employees.
TPA specifically assumes potential liability for actions brought against the COUNTY by TPA's
employees, or any other persons engaged in the performance of any work or service required of
TPA 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. TPA recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 4.24.115 and was subject of mutual negotiation.
Page: 9 STRONGERTOWNS —
ag . of dba The Production Alliance- Farm Tour
SECTION 9: INSURANCE
TPA 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. TPA shall maintain Workers' Compensation coverage as required under the
Washington State Industrial Insurance Act, RCW Title 51, for all TPA employees, agents
and volunteers eligible for such coverage under the Industrial Insurance Act.
2. Commercial Automobile Liability Insurance providing bodily
injury
and propertydam e
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 TPA's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000.00)per occurrence and an aggregate of not less than two (2)
times the occurrence amount($1,000,000.00 minimum)for bodily injury, including death
and property damage,unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including: completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Said commercial automobile liability policy and general commercial liability policy shall name
the County as an additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty(30)days prior written notice to the
County. Certificates of coverage as required by this Section shall be delivered to the County
within thirty(30)days of execution of this Agreement.
The County may, upon the Contractor's failure to comply with any or all provisions of this
contract relating to insurance,withhold payment or compensation that would otherwise be due to
the Contractor.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by the Contractor refers to an endorsement(by number or name)but does not provide
the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full
text of that endorsement and forward that full text to the County.
Page: 4 of 9 STRONGERTOWNS—dba The Production Alliance -Farm Tour
All insurance policies obtained by TPA in order to comply with this Section shall be primary and
non-contributory as against any coverage provided through any memorandum
orandum 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 TPA under this Agreement shall not in any manner limit or qualify
the liabilities or obligations of TPA under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
TPA and the COUNTY agree that TPA A is an independent contractor pe trac or with respect
pe t 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 TPA
A nor any
employee of TPA 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 TPA,
or any employee, representative,agent or contractor of TPA. TPA 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
TPA 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
TPA with regard to the project to be completed under this agreement, will not discriminate on the
grounds of age, sex, marital status, sexual orientation,race, creed,color,national origin,
honorably discharged veteran or military status,or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a person with a
disability, unless based upon a bona fide occupational qualification in the selection and retention
of employees,materials, supplies, contractors or subcontractors.
Page: 5 of 9 STRONGERTOWNS—dba The Production Alliance-Farm Tour
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and TPA 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 TPA.
APPROVED and signed this ( /day of June,2020.
JEFFERS I COUNTY
54
Attest: BO,._- . ' COMMISSI•NERS
11
Carol Gallaway, e�"*�:"roth, •n,Chair
Deputy Clerk of the Board
Approved as to Form: Strong71Jzi
owns(dba The Production Alliance)
P
/ / ;207. aPhilip
CQ f
Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor J)c-.'1 i tA rl l(LCAl
ovd
Page: 6 of 9 STRONGERTOWNS—dba The Production Alliance- Farm Tour
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
[Note: TPA shall decrease total lodging tax expenditures to$7,500]
IProposed 2020 Jefferson County Farm Tour Budget I
Expenses
Item Estimated Cost
Print Advertising-LTAC $3,000
Media&Digital Advertising-LTAC $10,000
Farm Tour Brochure-LTAC $5,000
Banners,Bags,Road Signs-LTAC
52,000
Supplies/Miscellaneous 52,E
Staff Time $10,000
TOTAL EXPENSES $31,000
Income
Farm Tour Presenters I Monetary Sponsorship Amount
LTAC $i
Port Townsend Food Co-op 5
WSU Jefferson County Extension 5 ` E
Port Townsend Farmer's Market Association S IA=
Jefferson Land Trust 5 langa
Cares Building Supply 5
Chimacum Corner Farmstand 5
LaQQat
Advertising(Pourhouse,PT Vineyards,Finnriver) 521/Q12
Farm Tow Presenters In-kind Sponsorship Amount
Port Townsend&Jefferson County Leader 5 M.
TOTAL IN-KIND SPONSORSHIP $ ZS,Soo.00
Event Revenue Amount —__.......
Day-of Donations $ 4,000.00
TOTAL EVENT REVENUE $ 6,000.00
TOTAL INCOME $ 32,500.00
MARGIN $1,500
Page: 7 of 9 STRONGERTOWNS—dba The Production Alliance- Farm Tour