HomeMy WebLinkAbout021621_ca05Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Adiel McKnight, Executive Assistant
DATE: February 16, 2021
SUBJECT: AGREEMENT re: 2021 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of $18,250 Strongertowns dba The Production Alliance
STATEMENT OF ISSUE:
This agreement provides grant funding for 2021 to certain non-profit agencies for the promotion of
tourism and ongoing preservation of Jefferson County's heritage. This funding has been budgeted from
the Hotel Motel (Lodging Tax) Fund, as recommended by the Lodging Tax Advisory Committee.
FISCAL IMPACT:
Strongertowns dba The Production Alliance $18,250
RECOMMENDATION:
Approve and sign the agreement.
BY:
i ip Mor y, ty A ministrator Date:
AGREEMENT FOR 2021 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
STRONGERTOWNS (DBA The Production Alliance)
2021 SEASON OF EVENTS
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and STRONGERTOWNS, dba The Production Alliance — 2021 SEASON OF
EVENTS (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:
TPA shall use its capabilities and utilize up to $18,250 of funding provided under this
agreement to promote the Jefferson County Farm Tour, the Olympic Peninsula Apple & Cider
Festival, and the First Night events, restricted to any of the promotional expense items
identified as "LTAC" 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 2021 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 2021.
SECTION 2: RESPONSIBILITIES OF THE PRODUCTION ALLIANCE:
On or before January 31; April 30; July 31; October 31, 2021; and January 31, 2022,
provide to the COUNTY:
• A quarterly report of the use, services, programs and activities of TPA for the prior
quarter under this Agreement, and the 2020 Amendment No. 1 dated December 7, 2020;
• 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 2021.
Page: 1 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
2. On or before January 31, 2021 OR upon execution of this agreement, whichever is later,
provide to the COUNTY:
• A billing invoice requesting payment of Hotel -Motel Funding for the first half of 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 Hotel/Motel Fund. Any monies under -expended of the total
funding allocated under this Agreement shall be refunded to Jefferson County by January
31, 2022.
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
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. Said funding is in the sum of $18,250 for 2021. Semi-annual payments of $9,125 will be
made in the first and third quarter of 2021. Payments are 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.
The County recognizes that the original allocation to TPA in Hotel -Motel funds for
promotional services in Jefferson County may be voluntarily reduced because of the
impacts of the COVID-19 pandemic. Any voluntary reduction from 2021 funding is
earmarked for potential use in 2022, contingent on a recommendation by the Lodging Tax
Advisory Committee to award those funds to TPA in 2022 and approval by the Board of
County Commissioners.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January and ending on
December 31, 2021, except for the reports referenced in Section 2, due January 31, 2022 and
Page: 2 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
February 28, 2022. 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: 3 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
SECTION 9: INSURANCE
Grantee 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 Worker's 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:
a. In the event TPA shall own any vehicle during the term of this Agreement, 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
work under this Agreement for a combined single limit of not less than $1,000,000 each
occurrence.
b. For a non -owned vehicle rented or hired to perform services under this Agreement, TPA
shall obtain bodily injury and property damage liability coverage for the non -owned
vehicles for a combined single limit of not less than $1,000,000 each occurrence.
The TPA will ensure any employees or third parties that will be driving while performing
work under this Agreement, other than transport under paragraph b., shall obtain the
following coverages, at a minimum: a limit of $25,000 for bodily injury or death of 1
person in any single accident, $50,000 for bodily injury or death of 2 people in any single
accident, and $10,000 of property damage coverage in any single accident for their owned
& non -owned vehicles assigned to or used in the performance of their work.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 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);
d. Independent Contractors and subcontractors;
e. Blanket Contractual Liability.
Page: 4 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
SECTION 10: INDEPENDENT CONTRACTOR
TPA and the COUNTY agree that TPA 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 TPA 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.
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.
Page: 5 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
APPROVED and signed this
Attest:
Carolyn Gallaway,
Clerk of the Board
Approved as to ]Form:
February 12, 2021
Philip Hunsucker,
Chief Civil Deputy Prosecutor
0
day of 92021.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
StrongerTowns (DBA The Production Alliance)
Daniel Milholland, President
Page: 6 of 9 STRONGERTO"S — DBA The Production Alliance — 2021 Season of Events
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
[Request below includes 2020 Carry Over Amounts Totaling S11,750 to be invoiced the 1" Quarter of 20211
Ile Prodtxtwn Alliance requests $3000 frmn the Jeffersoa Cwmty Lodeing Tn Advisory Committee to support the opau m and marketing of three special events' m 2021, i Khxtng:
Jeffasau CmmtyFann Tour September 18-14- 20211 Funding Request $15.000
- Olympic Pemnwla Apple & Cider Festival October a-10, 2021 Fundiag Request: $10,000
-First Night Celebration, Friday. Decanber 31. -1021 i Funding Regcest: S5,000
Page: 7 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
Exhibit B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28th of each Year
Lodging Tax Reporting Form
Or rece -g &MhUg to Pffestn , special e,,w& and touristn4alatedd activities through iaoed facilities
owned or sponscired by non-profit otganazanow or time local jurisdiction me regiured to complete this form far E.XCH activity.
I Nam R4wrunj Yaw.
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RETtR7X THIS FORA TO-
Jeffimson ComarIv Aldm nistrabois Office
1920 rear -son Street
P.O. Sox 1220
Fort Townsend. WA 9936E
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Page: 8 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events
LTAC Yearly Reporting
Definitions/Instructions
Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon)
Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention
center)
Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but
may also operate for less than a full year.
Activity Date: Activity beginning and ending dates.
Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter
the number of persons estimated to have actually visited area as result of marketing activity.
Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of
persons expected to visit area as result of marketing activity.
Methodology: Select the methodology used to estimate the actual number of visitors/participants.
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at
entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly
from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed
discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/ participants. A representative
survey is a highly structured data collection tool, based on a defined random sample of participants, and the results
can be reliably projected to the entire population attending an event and includes margin of error and confidence
level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner
that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire
visitor population and provide a limited indicator of attendance because not all participants had an equal chance of
being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For
example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international
building code allowance for persons (3 square feet).
Other: (please describe)
Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity.
Total Attendees Traveling 50 miles or more:
Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For
marketing organizations, report visitors traveling more than 50 miles to visit area.
Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of
visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of
visitors who traveled from another state or country.
Attendees who stayed overnight:
Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such
as hotels, motels, bed and breakfasts, etc.
Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such
as family and friends.
Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons
occupying one room for one night.
Page: 9 of 9 STRONGERTOWNS — DBA The Production Alliance — 2021 Season of Events