HomeMy WebLinkAbout031521_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: March 15, 2021
SUBJECT: AGREEMENT re: 2021 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of $10,200 Jefferson County Farmers Market
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.
ANALYSTS:
On January 25, 2021, the County Commissioners approved the recommendation of the Lodging Tax
Advisory Committee for 2021 grant funding allocations. The Lodging Tax Advisory Committee
(LTAC) received a late proposal from the Jefferson County Farmers Market (JCFM) to assist in
promoting their events. Their request was reviewed at a special LTAC meeting on February 26, 2021.
At that meeting LTAC members unanimously approved a motion recommending the Board of County
Commissioners fully fund the JCFM's request of $10,200 for promotion costs.
FISCAL IMPACT:
Jefferson County Farmers Market
RECOMMENDATION:
Approve and sign the agreement.
$10,200
Date:
AGREEMENT FOR 2021 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:
I . 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 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 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 2021.
SECTION 2: RESPONSIBILITIES OF FARMERS MARKET:
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 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 2021,
Page I of 9 Jefferson County Farmers Market
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 February228'h 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
I 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. Said funding is in the sum of S10,200 for 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.
3. The County recognizes that the original allocation to the FARMERS MARKET 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 FARMERS MARKET in
2022 and approval by the Board of County Commissioners.
Page 2 of 9 Jefferson County Farmers Market
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. 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
Page 3 of 9 Jefferson County Farmers Market
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,
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 ($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.
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 RC W "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 day of March, 2021.
Attest:
Carolyn Gallaway, CMC
Clerk of the Board
Approved as to Form:
Philip Hunsucker, March 11, 2021
Chief Civil Deputy Prosecutor
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
JEFFERSON COUNTY FARMERS MARKET
Authorized Official
Page 6 of 9 Jefferson County Farmers Market
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
2021 Budget for Chimacum Farmers Market Promotion
Promotion TVpe� 1 Funding Source TOiri Nato �n
Promotion an the i.,P9der
ON, 1,53tor Guide, i
hamber MajJ _� a arr Market sponso' rs SS,QQQ 1wt o-pnntote t, Ror rown5 nc and Ct+rnacirn Fa ner °Aarka is ,aV;h rnonthiv a1is..
wort 7ovinserd Leader pnn ......
adyerhserneot - i R rd Or€ne pnr 5or 71p $2,000 s a .nor File bearer +:+d- r; •h , : e .�.a,a a3,. _
"Gust-alurnn' i^ rnoMt+ly
nfw5lel.e r5 of d'e8 no+ prcxrsotior broadens Mark aHdie,I-e and raises awareness of our rOon Access
3 pmots and bus'ne>ses Orin. sponsorship
ip
82,000, -vrc.
.. �.._.,_.._ .
$2,000;Mor.',.hfr ?iYv., distnbute5 thrvugR P„b ..cwnserd S,.hrwi r"�strsct..
-_ _... ..._... r ...................._�.�
I 16300 Postcards printed, and inserted in The Laader Glsinbuticn toucninrg ,ieff Co
Pr rt ownsend ! eAder print 1 and City audiences. Priniing will Mae gonerate 200 cerda for "ring at area lodging,
acivertlsernent lef5'Co Lodging rax Grant 1 $1,000 busini and Y13dor's ;enters.
PaceboWs/instagram ... _ ieH o Lodgmq Fax Grant $630 Weekly boosted fD ,osts, 22 seeks x 130
KA"� Z-Radio P'�'no#tun )eft Co Laadgfng lax Gran, $37$ Scheduled Expanded RSA's airing IS trues between April -December.
�_--- -__ ...�. _.._.. ._...e, ._ .r._._..
Adveitisiuc Mwket opening•Por himaaim and Port' Qwnsend Pasrrers Markets �25 floaters T
;poster PI-oeu non 6 Print )eft CO Lodging Tax Grant ? $5001 each"
Ao,ie, g ie`f o dgjrq 7ax G. ant a t,504 i ContraVed design wont for ads.
Produced videos aired -- — 50-90 second vldecrs air 3ike'canmerc.als on r.?9ipna, Puo3+c TV, Markaijlptai Food
regionaily on Cascade Producer y�dwos pair with Promo to visit Chrmacum i•arme:-s Markets and the abundant.
Public Media, .. Ie`t Co ;odginq -lax Gram � $4,000 OINYO 5 and beauty of Jeffersor. Czunty.
W ater'Si+7e M89azir.e ieff C. odgmg Tax Grao $t,1 5 On ",he WA fe-es all season long?
ive *-sic rand ;s°i ad. lnq Tax Grant $1,000 !lp is 1_r.9 y s tors back to leffnr-or, Co. with weekly live marker-r.usici
Total #Lequest �� y, are, $10,200
JUM Total
,advertising
Budget $22,200
-------------
Page 7 of 9 Jefferson County Farmers Market
Exhibit B
Jurisdiction Lodging Tax Reporting Form - To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28"' of each Year
Lodging Tax Reporting Fot-w
QrganaZahom recemug Rr» &ng to prouwte fesnyals, SpCCuI e1 uft and tounsma-relaW 3--tiv ae. through towum- elated facdabe,
omaed or sponsored by rm—pnofit organizanovu or the local 3ur"- chop ace required to ccuaplttas th , form for EACH activity
1 Dtr is t Name: R p?srr; Year
'_- SPons�wTew',C"had ow) C) 501(c'<3} ,j 501(c)(6) ,° Local lean; cram 0 ot. (B,
3 Aznary Nana _
Armuy T' pe (Cbeck one): Evau Fesuval' 0 Facility" 0 Mad mag'
S Acmvv Start Date':
6 Acmnv Ead Cite':
Total Cost of Acmur §
8 .r mmant R.equemd; $
9 Am = Amded: $
19 ooman m. =a, :e'
a') Rvowted*
b) Actual*
44etodosog. (Check One)
a,
SiructumlEv naee°
11 Number of Artmdees Alm Trmled ?0 .Mdes or Mare'
a Prawted'
b; Arcinl*
Xetc_r.5 ,::. C?:.6 Duw, ram.*
., K, c 1 0 R tpmeraarwe Swrav'
0Stn wedEm=e'
Orixar
12 : umber of Ave deer Wic Traveled from Another State (w Caamtrp'
a� Pmxcted°
b1 Acrue
*! r, "Check One) ,) _ err _r; •°
'See Lodging Tax Vearl4 Reporting IDefnitioas'Iustructions
?; erne of incdL,daal I.;Iw Pcwared Raporr
Phone W E->dai ddr s
RETUR-N THIS FOKNI TO:
Jeffier:on Couatv Adtin m tiator', 015ce
1320 Jefleron Street
P 0 Box 12_'0
Part T,: z errs. WA 98365
leffbocc�acc jeffer-on.sa.i-s
U Number of Attandeea 36U Stayed Oszanigiir m Unpaid Acc-=, oladaa,>°
al Pro,K*d°
bj .gc�na79
cli Metbodology (Chea One): erect Corny
,J�i�e. wc'ar:r' IiePt•�a�r;ivas*w'
l: as 1 Six. w Smactwad Esac ue>
14 Nrmaber of Attendees 9i9ao Stayed oa aaigiu is Paid Accc `: `>¢s'
a` Projected'
b'i ArNal'
Odw texalaml.
15 lumber od Rud ling Niglas'
a,; Projected*
tst.�ta.,>
]mf�sa. iun sq" Smunrcetl Eatwaa
lirf.e% :S'pild�!:
IDE iDLENE: February 28t a of Each Reporting Ye,.-n
Page 8 of 9 Jefferson County Farmers Market
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 Jefferson County Fanners Market