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HomeMy WebLinkAbout022221_ca03Consent 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 22, 2021 SUBJECT: AGREEMENT re: 2021 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $141,450 Tourism Coordination Council 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: Tourism Coordination Council $141,450 RECOMMENDATION: Approve and sign the agreement. REVfftED BY: I M ley, unty 4mi<nistor Date: AGREEMENT FOR 2021 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES TOURISM COORDINATING COUNCIL This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL (hereinafter known as "TCC"). WHEREAS, the TCC is established by the Board of County Commissioners through Resolution No. 78-03 and its members are appointed by Board of County Commissioners; and 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. 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. 4. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the TCC 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 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 2021. Page 1 of 7 Tourism Coordinating Council SECTION 2: RESPONSIBILITIES OF THE TOURISM COORDINATING COUNCIL: 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 marketing, services, programs and activities of the TCC for the prior quarter under this Agreement, and the 2020 Amendment No. 2 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. 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. 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 retained in the Fund 125 Hotel/Motel fund balance. 5. By February 28"' 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 acknowledges that per the 2020 Agreement, Amendment No. 2 dated December 7, 2020, funding in the amount of $63,550 will be made available to the TCC during the first quarter of 2021. Pursuant to this 2021 Agreement, the TCC may expend the amount carried over from 2020 throughout 2021. 2. 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. Page 2 of 7 Tourism Coordinating Council 3. Said funding is in the sum of $141,450 for 2021 which is in addition to the amount carried over into 2021 from 2020. Payment is to be predicated on submittal of reports defined in Section 2. Except as provided below in Paragraph 4, payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. 4. 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. 5. The County recognizes that the original allocation to the TCC 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 the TCC in 2022 and approval by the Board of County Commissioners. SECTION 4: TE&M This Agreement shall be for a term of one year, commencing on January 1, 2021 and ending on December 31, 2021, except for the reports referenced in Section 2, due January 31, 2022 and February 28, 2022. 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. Page 3 of 7 Tourism Coordinating Council 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. 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 day of Attest: Carolyn Gallaway, Clerk of the Board Approved as to Form: � Philip Hunsucker, February 16, 2021 Chief Civil Deputy Prosecutor , 2021. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair TOURISM COORDINATING COUNCIL Bill Roney, President Page 4 of 7 Tourism Coordinating Council EXHIBIT A Proposed 2021 Tourism Coordinating Council Lodging Tax Services and Budget TCC Proposed Budget 2021 Advr.rti%i,nq,-Coil>is . al Lqji tjst Macevtwnt in GrfC _ . . Cha f W LD $n ,ta st for ActRe ricit 1,000 l�icsra�i P �DLF�rie� i�,r ag r� i i �dtF 6JU _. ;J Cr#eye S*ryi slow ��ar�rr F iBBi H�E¢r�$ riA i�di {vii�4 �i rk�t$_....u......�..,....<..........._.�..............�...._.,,._.................�»...n.-.. ...»....... _..,....,,.d. d.x €A�iR.i F M four Su Mort.. - .__ f lyrnFic Clir1�r 8 _�:F? a YPtoirnsulaTouri�,fn SurriwitCoHa n 2-000 A Participation LOW t'ear'Ar§iwid TCe firs lea _ - V$'ea w.y y'p'(-',er� C., y alsie .n...�...,.......�...,�...�..... yam. L-1--ma6v Touri3m effort mom TOTAL 205,OW FUNDI ��1�'t J��t�tz LT o*�€trd �irrta4i�r 141,450 ..,....._�..._.L...,_,.ef...C,. ' _.,...�.. _____r...,r... ,...�... ..� $141,450 is in addition to the $63,550 carried over into 2021 from 2020, which carry over may be expended throughout 2021 Page 5 of 7 Tourism Coordinating Council