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HomeMy WebLinkAboutForks Chamber of Commerce and Visitor Center re: LTAC (ins ex 12-30-21) - 021621 ov-t) - r eka,i,utteci ..9` -It; re stio -2o2i AGREEMENT FOR 2021 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES FORKS CHAMBER OF COMMERCE AND VISITOR CENTER This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY"and the FORKS CHAMBER OF COMMERCE(hereinafter known as"FCC"). WHEREAS,the FCC is a non-profit corporation of the State of Washington;and WHEREAS,the COUNTY desires to promote tourism by providing information to guests, support and staff to information centers in unincorporated West 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 Forks Chamber of Commerce; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED.The FCC 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 and consistent with the proposed FCC Lodging Tax budget,a copy of which are incorporated herein and attached hereto as Exhibit A: 1. Provide for seasonal(May-September)Olympic National Park staffing at the Kalaloch Visitor Center to provide visitor information services there,consistent with a negotiated agreement with Olympic National Park. 2. Provide summer seasonal staffing at the Forks Visitor Information Center. 3. Update,print and distribute a West End tourism map and the Mick Dodge Coloring Sheets. 4. Be the focal point for support of the West End participation in tourism promotional activities included but not limited to:web page update and web site hosting;distribution of Jefferson County tourism information and materials through the Kalaloch Visitor Center and the Forks Visitor Information Center; and participate in Joint Marketing and other tourism promotion activities. 5. As vacancies occur,recommend potential representatives and alternates for inclusion with other candidates for consideration by the Board of County Commissioners for appointment to the Tourism Coordinating Council to represent the Quilcene region. 6. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic,the FCC 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 proceed with the proposed substitution. In such case no amendment to this Agreement Page 1 of 9 Forks Chamber of Commerce shall be required and the FCC may use the funding to perform the substitute Promotion Services in 2021. SECTION 2: RESPONSIBILITIES OF THE FORKS CHAMBER OF COMMERCE 1. 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 the FCC 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 fmancial statement shall also include a detailed financial statement for all 2021. 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 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. Any monies under-expended of the total funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2022. 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 FCC. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not)by the FCC 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 FCC 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$41,250 for 2021 (amount includes $14,470 carry over from 2020 and$26,780 requested in 2021). Payment is to be predicated on submittal of reports Page 2 of 9 Forks Chamber of Commerce defined in Section 2. Payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. 3. The County recognizes that the original allocation to the FCC 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 FCC 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 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 FCC 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,FCC 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 FCC 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 FCC's negligence or breach of any of its obligations under this Agreement;provided that nothing herein shall require the FCC 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 FCC'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 FCC's negligence,or the negligence of the FCC's agents or employees. The FCC specifically assumes potential liability for actions brought against the COUNTY by the FCC's employees,or any other persons engaged in the performance of any work or service required of the FCC under this Agreement and, solely for the purpose of this indemnification and Page 3 of 9 Forks Chamber of Commerce defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The FCC 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 FCC shall obtain and keep in force during the term of the contract, 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. 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 FCC'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($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); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. 4. 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. 5. 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. 6. 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 Forks Chamber of Commerce 7. All insurance policies obtained by FCC 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." 8. 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 FCC under this Agreement shall not in any manner limit or qualify the liabilities or obligations of FCC under this Agreement. SECTION 10: INDEPENDENT CONTRACTOR. The FCC and the COUNTY agree that the FCC 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 FCC nor any employee of the FCC 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 FCC, or any employee, representative, agent or contractor of the FCC. The FCC 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. The FCC 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. The FCC 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 the FCC 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 FCC. Page 5 of 9 Forks Chamber of Commerce f i APPROVED and signed this / 4( day of ri4a 2021. JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS CA.hle 6cdas Carolyn G411away,CMC Kate an,Chair Clerk of the Board ApproveA as to Form: FORKS CHAMBER OF COMMERCE \ • Philip Hunsucker, February 12,2021 �.'(4 .- u `--- Lissy Andros,Executive Director Chief Civil Deputy Prosecutor Page 6 of 9 Forks Chamber of Commerce EXHIBIT A Proposed 2021 Forks Chamber of Commerce Lodging Tax Budget 2021 FUNDS REQUESTED by Forks Chamber of Commerce Staffing-Kalaloch Visitor Center May 14-Sept. 30,2021 $19794 00 Staffing-Forks Visitor Information Center $15000.00 Tourism Marketing $2500.00 Washington State Visitor Guide, Co-op Marketing w/OPTC Tourism Marketing $1500.00 Event marketing for Gravel Unravel bike race May 1,2021 Mailing of Rain Forest Country Adventure Map......... .... ........... $2000.00 Lodging Concierge Service $456.00 Total $41250.00 Page 7 of 9 Forks Chamber of Commerce Consent 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$41,250 Forks Chamber of Commerce 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: Forks Chamber of Commerce $41,250 RECOMMENDATION: Approve and sign the agreement. E BW• 2.71,12 p Morle , ty A ministratoo Date: CONTRACT REVIEW FORM CONTRACT WITH: Forks Chamber of Commerce TRACKING NO.: BOCC 2021-07 (Contractor/Consultant) CONTRACT FOR: 2021 Lodging Tax Funding TERM: 12/31/21 COUNTY DEPARTMENT: County Administrator For More Information Contact: Philip Morley RECEIVED Contact Phone #: Ext.383 RETURN TO: Leslie Locke f EB 0 3 Z021 RETURN BY: ASAP (Person in Department) JEFFARSON COUNTY AMOUNT: $41,250 COMMISSIONERS 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 O RFP or RFQ ❑ Other Step 1: REVIEW BY RISK 1 Review by: .274// Date Reviewe APPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: � �� u;'.`�'s .___. Philip C. Hunsucker Date Reviewed: February 12, 2021 Chief Civil Deputy Prosecuting Attorney El APPROVED AS TO FORM ❑ Returned 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.) Adiel F. McKni ht From: Leslie Locke Sent: Wednesday, February 10, 2021 9:22 AM To: Adiel F. McKnight Subject: Fw: Contract language - Insurance coverage From: Derek Floor<derek@callisinsurance.com> Sent:Tuesday, February 9, 20214:25 PM To:director@forkswa.com; Leslie Locke Subject: RE: Contract language- Insurance coverage CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Leslie, Yes,they carry automobile liability; limits are 1mm CSL. They also carry Commercial General Liability with limits of 1mm/2mm and an umbrella that provides an additional 1mm/1mm in coverage. Let me know if you need anything else! Regards, w Derek Floor Commercial Account Executive at Callis Please send Certificate Requests to certificate(a�callisinsurance corn Insurance Auto I Home I Business I Employee Benefits Contact the Port Angeles Office I Contact the Bremerton Office Due to COVID19,our offices are currently available by appointment only. A drop box is located outside of the offices for your convenience. Come get Social With Us: 45 > Callis Insurance a division of Callis&Associates,Inc.Licensed in WA,OR,ID,AZ,MT and CA. CA License#0D63179—DBA:Collis&Associates Insurance Agency Confidentiality Notice:This Electronic message,together with its attachments,if any,is intended to be viewed only by the individual to whom it is addressed.It may contain information that is privileged,confidential,protected health information and/or exempt from disclosure under applicable law.Any dissemination,distribution or copying of this communication is strictly prohibited without our prior permission.If the reader of this message is not the intended recipient or if you have received this communication in error,please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. From:director@forkswa.com<director@forkswa.com> Sent:Tuesday, February 9, 20214:15 PM To: 'Leslie Locke'<LLocke@co.Jefferson.wa.us> Cc: Derek Floor<derek@callisinsurance.com> Subject: RE: Contract language- Insurance coverage Hi Adiel, I'm copying Derek on this email. He is our insurance agent and can send you the information. 1 Thanks! Lissy Andros, Executive Director Forks Chamber of Commerce 1411 S. Forks Avenue PO Box 1249 Forks, WA 98331 360-374-2531 office 800-443-6757 toll-free ForksWA.com ForeverTwilightinForks.com From: Leslie Locke<LLocke@co.jefferson.wa.us> Sent: Friday, February 5, 2021 3:29 PM To: director@forkswa.com Subject:Contract language- Insurance coverage Good afternoon, We are in the process of drafting your 2021 Lodging Tax Funding Agreement and have the following questions: Do you carry Commercial Automobile Liability Insurance? Do you carry General Commercial Liability Insurance and if so what is the limit? Please let me know to process your contract. Thank you Adiel for Leslie amcknight@co.jefferson.wa.us 360-385-9102 ***Email may be considered a public record subject to public disclosure under RCW 42.56*** 2 ACc RDJ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘84....---'' 08/31/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kayla Hennings NAME: Callis&Associates,Inc. PHONE (360)452-2314 FAX 360 452-1701 (A/C,No,Ext): (A/C,No): ( ) 802 East First Street,Suite 3 E-MAIL certificate@callisinsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N PortAngeles WA 98362 INSURER A: Sentinel Insurance Company.LTD INSURED INSURER B: Continental Divide Insruance Company Forks Chamber Of Commerce,Inc INSURER C: United States Liability Insurance Company PO Box 1249 INSURER D: INSURER E: Forks WA 98331 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2111206533 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGETO REN I EU CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 A Y 52SBAAE0730 12/30/2020 12/30/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 05APM015573-04 12/30/2020 12/30/2021 BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS X HIRED ts/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /• AUTOS ONLY (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LIAB CLAIMS-MADE CUP1564786 12/30/2020 12/30/2021 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- WA State Stop Gap AND EMPLOYERS'LIABILITY Y/N STATUTE X ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A 52SBAAE0730 12/30/2020 12/30/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence Only.Refer to policy(s)for all applicable terms,conditions,endorsements and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Jefferson County ACCORDANCE WITH THE POLICY PROVISIONS. 615 Sheridan AUTHORIZED REPRESENTATIVE ��,(� ///� Port Townsend WA 98368 (6144 it Ca W 1 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD