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Home My WebLink AboutTourism Coordinating Council, Amendment 2 - 120720cc: CONTRACT AMENDMENT #2 By and Between JEFFERSON COUNTY and JEFFERSON COUNTY TOURISM COORDINATING COUNCIL For Hotel -Motel Funding 2020 This Amendment #2 is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL (hereinafter known as "TCC"). WHEREAS, the COUNTY and the TCC entered into an Agreement on January 21, 2020 for Hotel -Motel Funding in 2020; and WHEREAS, the COUNTY and the TCC amended the original agreement on July 6, 2020; and WHEREAS, the parties desire to further amend the terms of the agreements; and WHEREAS, in recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the TCC 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 I" quarter of 2021; NOW, THEREFORE, IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN that the Agreement executed on January 21, 2020 and amended on July 6, 2020 is hereby further amended as follows: 1. Paragraph 4 of "Section 3: Responsibility of Jefferson County" of the July 6, 2020 amended agreement is hereby amended as follows: 4. The $63,550 reduction from 2020 will be made available during the 1 Sc quarter of 2021 for potential use by the TCC to promote Jefferson County in 2021. 2. "Section 4: Term" of the January 21, 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 January 21, 2020 and amended on July 6, 2020 will remain the same. APPROVED and signed this f day of December, 2020. JEFFERS N COUNTY Attest: BOARD F COMMISSIONERS Carolyn Lllaway, CMC r Greg r lherton, Chair Deputy Clerk of the Board Approved as to Form: JEFFERSON COUNTY �C4Lker, TOURIS COORDINATING COUNCIL 96 S oPhilip *�e_ Chief Civil Deputy Prosecuting Attorney William Roney, Pres' ent 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: De- rnbt 7 , 2020 SUBJECT: AGREEMENT, Amendment #2 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; Jefferson County Tourism Coordinating Council 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 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 1 st 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 Tourism Coordinating Council. Date CONTRACT REVIEW FORM CONTRACT WITH: Tourism Coordinating Council TRACKING NO.: BOCC 2020-24 (Contractor/Consultant) l j CONTRACT FOR: Amend #2 for 2020 Lodging Tax Funding TERM: 1 COUNTY DEPARTMENT: County Administrator r For More Information Contact: Philip Morley OCT o A 2920 Contact Phone #: Ext. 383 JEFFERS RETURN TO: Leslie Locke RETURN BY: A V COUNTY. (Person in Department) "*IVI MON R-9 AMOUNT: $63,550 Revenue Expenditure Matching funds Required Source(s) of Matching Funds Step 1: APPROVED FORM Comments REVIEW BY F Review by: Date Reviewed: PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other ❑ Returned for revision (See Comments) Step 2: REVIEW BY P OSE UfTT91G ATTORNEY �- Review by: Philip C. Hunsucker a Date Reviewed: o/ 2p Chief Civil Deputy Prosecuting Attorney n' APPROVED AS TO FORM+ ® ❑ Returned for revision (See Comments) Comments 4� f 4-- 4 _ / 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.) AG ENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES TOURISM COORDINATING COUNCIL This Agreement is by and between JEFFERSON COUNTY (hereinafter known a: "COUNTY" and the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL (hereinafter known as "TCC"). WHEREAS, the TCC is established by the Board of County Commissioners thr+ Resolution No. 78-03 and its members are appointed by Board of County Commissione 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 Tourism Coordinating Council 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 The TCC 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. Adopt and implement a tourism marketing and promotion strategy for the unincorporated -area of Jefferson County, consistent with the proposed TCC Lodging Tax services and budget, a copy of which is incorporated herein and attached hereto as Exhibit A. 2. Be the focal point for community involvement, act as a clearinghouse for community organizations, and participate in planning and strategizing for tourism promotion. 3. Coordinate with the City of Port Townsend, State of Washington, United States Government and other public and private agencies in the use of Hotel Motel Tax funds and the promotion of tourism activities. Page: 1 of 7 Tourism Coordinating Council SECTION 2: RESPONSIBILITIES OF THE TOURISM COORDINATING COUNCIL: 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 marketing, services, programs and activities of the 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. Submit orders and invoices from marketing vendors to the County Administrator's Office for payment by the County out of budgeted funding allocated for TCC activities consistent with this Agreement. 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 I 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 retained in the Fund 125 Hotel/Motel fund balance. 5. By February 2$11 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 TCC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the TCC 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 TCC funding from Hotel -Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. Said funding is in the sum of $200,000 for 2020. Payment is to be predicated on submittal of reports defined in Section 2. Except as provided below in Paragraph 3, payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. Page: 2 of 7 Tourism Coordinating Council 3. The County shall establish a Fund 125 revolving checking account, and the County Administrator's Office may use it to pay time -sensitive orders and invoices for services consistent with this Agreement, and that require payment sooner than a normal County billing cycle. SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1, 2020 and ending on December 31, 2020, except for the reports referenced in Section 2, due January 31, 2021 and February 28, 2021. SECTION 5: ASSIGNMENT Either party to the agreement shall not assign this Agreement, except by signed amendment. SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties. SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. The TCC 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. SECTION 8: COMPLIANCE WITH LAWS The TCC 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 9: DISCRIMINATION PROHIBITED The TCC with regard to the services 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: 3 of 7 Tourism Coordinating Council SECTION 10: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the TCC 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 TCC. APPROVED and signed this -2/S-day of J(tntfa,� , 2v20 Atte17Z2 co st: C �� Carolyh Gallaway, Deputy Clerk of the Board Approved as to Form: �4 ZWZV Philip unsucker, Chief Civil Deputy Prosecutor JEFFERSON COUNTY OM SIONERS Chair TOURISM COO ATING COUNCIL Authorized Official 7 (C Page: 4 of 7 Tourism Coordinating Council �2e�,*t(I: PCL�q L- I ,n CONTRACT AMENDMENT # 1 CC-, T� '% 1 �I By and Between c JEFFERSON COUNTY and JEFFERSON COUNTY TOURISM COORDINATING COUNCIL For Hotel -Motel Funding 2020 This Amendment # 1 is by and between JEFFERSON COUNTY (hereinafter known as "COLImTv" -_a *c- JEFFERSON COUNTY TOURISM COORDINATING COUNCIL (hereinafter known as "TCC"). WHEREAS, the COUNTY and the TCC entered into an Agreement on January 21, 2020 for 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 COVIQ � the TCC 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) recommended a reduction in the amount of $63,550; 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 4 is added to "Section 1: Services To Be Performed" of the January 21, 2020 Agreement as follows: 4. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the TCC 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 TCC proceed with the proposed substitution. In such case no amendment to this Agreement shall be required and the TCC 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 TCC of $200,000 in Hotel -Motel funds to promote Jefferson County has voluntarily been reduced by $63,550 because of the impacts of the COVID-19 pandemic, resulting in an allocation of $136,450 in 2020. Therefore, funding is in the sum of $136,450 for 2020. Payment is to be predicated on submittal of reports defined in Section 2. Except as provided below in Paragraph 3, payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. 3. Paragraph 4 is added to "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement as follows: 4. The $63,550 reduction from 2020 is earmarked for potential use by the TCC to promote Jefferson County in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those funds to the TCC 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 0h day of July, 2020. Attest CarolynkiCallaway, CMCL, Deputy Clerk of the Board Approved as to Form: 7/2/2020 Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney JEFFER TY B COM SSIONERS re n, Chair JEFFERSON COUNTY TOURISM COORDINATING COUNCIL Authorized Official