HomeMy WebLinkAboutJefferson County Farmers Market, Amendment #1 - 1207200(1, % U1.7I0
CONTRACT AMENDMENT #1
By and Between
JEFFERSON COUNTY
and
JEFFERSON COUNTY FARMERS MARKET
For Hotel -Motel Funding 2020
This Amendment #1 is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and JEFFERSON COUNTY FARMERS MARKET (hereinafter known as "FARMERS
MARKET").
WHEREAS, the COUNTY and FARMERS MARKET 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, FARMERS MARKET 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 1 st 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 $7,224 reduction from 2020 will be made available during the 1st quarter of 2021 for
potential use by FARMERS MARKET to promote the Chimacum Farmer's Market in 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, 202.1._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 t day of December, 2020.
JEFFERS N COUNTY
Attest: BOARD F COMMISSIONERS
Carolyn`Gallaway, CMC Gr ABro on, Chair
Deputy Clerk of the Board
Approved as to Form: JEFFERSON COUNTY FARMERS MARKET
PhilipHunsucker / :''� Deirdre Morrison Manager
anager
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: December 7, 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 111 Quarter of 2021; Jefferson
County Farmers Market
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 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 1" quarter of
2021.
E Y:
orley, unt Administrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: Jefferson County Farmer's Market TRACKING NO.: BOCC 2020-31
(Contractor/Consultant)
CONTRACT FOR: Amend # 1 for 2020 Lodging Tax Funding TERM:
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Philip Morley NOV 13 2020
Contact Phone #: Ext. 3836
RETURN TO: Leslie Locke RETURN BY: G f 0 L � •Wig,
(Person in Department) (Date)
AMOUNT: $7,224
Revenue
Expenditure
Matching funds Required
Source(s) of Matching Funds
Step 1:
APPROVED FORM
Comments
PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Works Roster
❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
REVIEW BY N
Revi
Date Reviewed.
❑ Returned for revision (See Comments)
Step 2: REVIEW BY R OS NG ATTORNEY
Review by: • �' Philip C. Hunsucker
Date Reviewed: f / v Chief Civil Deputy Prosecuting Attorney
2//APPI&OVED AS TO FORM El turned for revision (See 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.)
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AGREEMENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY FARMERS MARKET
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and JEFFERSON COUNTY FARMERS MARKET (hereinafter known as
"FARMERS MARKET").
WHEREAS, FARMERS MARKET is a Government Agency 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 FARMERS MARKET 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
FARMERS MARKET 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:
Promote the Chimacum Farmers Market, 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. In recognition of the unavoidable disruption to tourism activities from
the COVID-19 pandemic, FARMERS MARKET 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 FARMERS MARKET proceed with the proposed substitution.
In such case no amendment to this Agreement shall be required and FARMERS MARKET
may use the funding to perform the substitute Promotion Services in 2020.
SECTION 2: RESPONSIBILITIES OF FARMERS MARKET:
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 Chimacum
Farmers Market 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.
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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.
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, 2020.
5. By February 28tn 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 FARMERS
MARKET.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by FARMERS MARKET 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 FARMERS MARKET 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 FARMERS MARKET of $10,724
in Hotel -Motel funds for tourism promotion services has voluntarily been reduced by
$7,224 because of the impacts of the COVID-19 pandemic, resulting in an allocation of
$3,500 in 2020. Therefore, funding is in the sum of $3,500 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 $7,224 reduction from 2020 is earmarked for potential use for tourism promotion
services by the FARMERS MARKET in 2021, contingent on a recommendation by the
Lodging Tax Advisory Committee to award those funds to the FARMERS MARKET in
2021 and approval by the Board of County Commissioners.
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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. FARMERS
MARKET 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, FARMERS MARKET 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 FARMERS MARKET 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 FARMERS MARKET'S negligence or breach
of any of its obligations under this Agreement; provided that nothing herein shall require the
FARMERS MARKET 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 FARMERS MARKET'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 FARMERS MARKET's
negligence, or the negligence of the FARMERS MARKET's agents or employees.
The FARMERS MARKET specifically assumes potential liability for actions brought against the
COUNTY by the FARMERS MARKET's employees, or any other persons engaged in the
performance of any work or service required of the FARMERS MARKET 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 FARMERS
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MARKET 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 FARMERS MARKET 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 FARMERS MARKET shall maintain Workers' Compensation
coverage as required under the Washington State Industrial Insurance Act, RCW Title 51,
for all the FARMERS MARKET 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 FARMERS MARKET'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.
Page 4 of 9 Jefferson County Farmers Market
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 the FARMERS MARKET 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 FARMERS MARKET under this Agreement shall not in any
manner limit or qualify the liabilities or obligations of the FARMERS MARKET under this
Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The FARMERS MARKET and the COUNTY agree that the FARMERS MARKET 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 FARMERS MARKET nor any employee of the
FARMERS MARKET 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 FARMERS MARKET, or any employee, representative, agent or contractor of the
FARMERS MARKET. The FARMERS MARKET 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
FARMERS MARKET 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
FARMERS MARKET 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
Page 5 of 9 Jefferson County Farmers Market
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 Jefferson County Farmers Market 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 Jefferson County Farmers Market.
APPROVED and signed this 0—day of June, 2020.
Attest:
. c
Carol Gallaway, CMC
Deputy Clerk of the Board
Approved a to Form:
Philip unsucker,
Chief Civil Deputy Prosecutor
BOARD
COUNTY
Chair
JEFFERSON COUNTY FARMERS MARKET
Authorized Official
Page 6 of 9 Jefferson County Farmers Market
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
AMENDED 2020 Budget for Chimacum Farmers Market Promotion
Faceboo sta ram Jeff Ca t_o in Tax Grant
raj.
Weekly boosted FS posts. Z t weeks
40D ]{ 30
Help us bring visitors back to
Live MusiC Fund UXIci in g Tax Grant
Jefferson Cc. with weekly live
500 market muosicl
Creation of 2-4 short video Chet
demonstrations or video
documentation of meal prep with
local ingredients or farm to market
4
Photo or video Jeff Co Lodin TO Grant L
Photo
t 000 social media.documentation to snare via
Ad desi n Leff Co Lad in Tax Grant
In-house and Professional design
S0 work for ads.
The cost for a monthly subscription
for the graphic design programs
Graphic design
used to build advertisements April-
ram- Jeff Co terininn �i,. r;..�... ..
RT-� s
Oct. $57 _ monthly. This represents
.. ._
Page 7 of 9 Jefferson County Farmers Market