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Home My WebLink About122021ca06 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Adiel McKnight, Executive Assistant DATE: December 20,2021 SUBJECT: AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$40,000; Centrum STATEMENT OF ISSUE: This agreement provides grant funding for 2022 to certain non-profit agencies for the promotion of tourism and ongoing preservation of Jefferson County's heritage. The Lodging Tax Advisory Committee met on November 2, 2021 and reviewed request for proposals. This funding has been budgeted from the Hotel Motel (Lodging Tax) Fund, and approved by the Board of County Commissioners on November 15, 2021. FISCAL IMPACT: Centrum $40,000 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: /1/14Mark McCaul , Interim County Administr Dafe: AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES CENTRUM This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY" and the CENTRUM(hereinafter known as "CENTRUM"). WHEREAS,the CENTRUM is a non-profit corporation of the State of Washington; and WHEREAS,the COUNTY desires to promote tourism in unincorporated Jefferson County, rP 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 Centrum 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 CENTRUM shall use its capabilities and utilize up to $40,000 of funding provided under this agreement to continue and update the ongoing performance of the tourism promotion services consistent with the Itemized List of Promotion Services and Lodging Tax Budget, a copy of which is incorporated herein and attached hereto as Exhibit A. SECTION 2: RESPONSIBILITIES OF CENTRUM: 1. On or before April 30;July 31; October 31,2022; and January 31,2023,provide to the COUNTY: see Exhibit C,attached hereto and incorporated; • A quarterly report of the use, services,programs and activities of the CENTRUM 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 2022. 2. On or before January 31, 2023 OR upon execution of this agreement,whichever is later, provide to the COUNTY: • A billing statement 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. Page: 1 of 12 Centrum 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, 2023. 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 CENTRUM. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not)by the CENTRUM 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 CENTRUM 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$40,000 for 2022. Semi-annual payments of$20,000 will be made in the first and third quarter of 2022. 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. SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1,2022 and ending on December 31,2022,except for the reports referenced in Section 2,due January 31,2023 and February 28,2023. 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. Page: 2 of 12 Centrum 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 CENTRUM 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, CENTRUM 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 CENTRUM 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 CENTRUM's negligence or breach of any of its obligations under this Agreement;provided that nothing herein shall require the CENTRUM 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 CENTRUM'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 CENTRUM's negligence, or the negligence of the CENTRUM's agents or employees. The CENTRUM specifically assumes potential liability for actions brought against the COUNTY by the CENTRUM's employees, or any other persons engaged in the performance of any work or service required of the CENTRUM 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 CENTRUM 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 CENTRUM 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. The CENTRUM shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all CENTRUM employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. SECTION 10: INDEPENDENT CONTRACTOR Page: 3 of 12 Centrum The CENTRUM and the COUNTY agree that the CENTRUM 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 CENTRUM nor any employee of the CENTRUM 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 CENTRUM, or any employee, representative, agent or contractor of the CENTRUM. The CENTRUM 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 CENTRUM 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 CENTRUM 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. Page: 4 of 12 Centrum SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the CENTRUM 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 CENTRUM. APPROVED and signed this day of JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Gallaway, Kate Dean,Chair Clerk of the Board Approv+ d as taForm: CENTRUM Ll December 7,2021 Philip C. Hunsucker, Authorized Official Chief Civil Deputy Prosecutor Page: 5 of 12 Centrum EXHIBIT A Itemized List of Proposed Tourism Promotion Services and Cem%vumm Itemized List mf Proposed Tourism Promotion Services im2022 National, International,and Regional Publications and Pnwnmmthmmm � � Jazz Times Magazine,]an./Feb. and April 2O23. Circulation 70,000 magazine readers. $4950 � Olympic Peninsula Getaway Guide,spring display ad edition.Circulation of3[0'OOO $800 including Washington State Ferries. KUOW-FM,36 underwriting announcements,Spring/Summer 2022.445,200 listeners in $9,000 � Washington eachvveek� S7V6of|ioten�rhouoehu|d'sannua/ incomeover�7S'OQO� _ — Seattle Medium,Metro Homemaker,Tacoma True Citizen and Portland Medium $5,000 � promotion allowance to be negotiated employing print and digital advertising across each platform(one ownership) _ Poets and Writers Magazine,quarter page display ads,]an/Feb, xNarch/Apri|'and $2,580 May/June 20J3.Circulation 100,OQO people throughout the US. � DownBeat Magazine,display ads March 2022 Jazz Camp Guide and May 2020 Summer �� . . � Festival Guide,Circulation 68,OOO people throughout the US who love jazz. Writer's Chronicle,quarter page display ad,spring 2022. Circulation 35,000 copies with $700 an estimated readership of54,OOO people throughout the U.S. � � Victoria Jazz Festival program guide, half page display ad,Audience:43,000 people. $1,400 ' � � Acoustic Guitar Magazine,two display ads,April 2022, including website. 54,000 readers $4700 � � throughout the US who like blues and other guitars styles. � � Living Blues Magazine,display ad,April 2OJI. Circulation of16,OOO throughout US. $2,200 � JaooE0 Magazine, 1/3'pa@e display ad, Mar. ]O2Z.Circulation 13,OOO jazz educators. $800 Printing of 8,000 season brochures promoting all Centrum programs for direct mail $9,000 throughout Washington and U.S. Distribution starting April 2022 at Jefferson County Visitor Information Center, Port Townsend Visitor Information Center,B&Bs and hotels in Jefferson County,and more. Earshot Jazz $�� — - ' JEN Conference,(jazz Education Network), 1/3-page ad in program guide, circulation $500 5'DO0,conference held January S'O' JOJJin Dallas,Texas. Old-time Herald Magazine,full page inside cover color ad(fiddle tunes)and half page $2,300 color ad(Voice VVo,ks)' May 2O33. Readership:4'OOO people throughout the US. Fiddler Magazine, Full page ad,spring 2020. Readership:3,000 people in the US. $400 - Wintergrass Music Festival program guide,full page ad,3,000 people in Bellevue, $450 Washington February24'27'2O2J� _ Fsmabmmk targeted digital ads to areas beyond Jefferson County. Estimated annual reach: $8,000 100mU|innvipxv,, The Facts,weekly newspaper for Black communities in Seattle.Circulation 80,000.3 $810 column inch ad for three months. Northwest Asian Weekly,weekly newspaper for Asian communities in Seattle. $1,226 Circulation 9.500. 0NKX-FM'42 underwriting announcements,April/yWay2OZ0. 330\000|isteneo $9,OW throughout western Washington each week. Total expenses(ow%-of-cowmtymarketing) $68,466 Total requested from JCLTAC $40,000 This budget only includes promotions outside oy Jefferson County Page 6 wfl2 Cen1nxm 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 Organizations receiving funding to promote festivals,special event and tourism-related actrritim through tourism-related facilities owned or sponsored by non-profit organizatiom or the local jurisdiction are required to c lete this form for EACH activity, I Orporiarica Name: Reputing Yew 2 Sponsor Type(Check Oney 0 501(0(3) 0 501(06) 110 Local hobiliction Other(Explam): 3 ActwityNnon 4 Atostry Type(rtkock Orie): EveniTernval* 0 Fackitv* 1110 Marketing* S Activity Start Date*: 6 Arno:wad Date 7 Total Cost of Activity ft Ammo $ 9 knows Awarded; $ 10 Ovinall Attce* 13 Numbs of Attendees ino Stayed Ctow4k ai Ac , * a) Projected* ai Projecmd* b) Acme' b) Actual* c) (Chera Ore): ODiteil Coma* c) (Check One): 0 Direct Come Olc't Cube °ET:reset:dative Sinvey* Okichrect Com* ,..”4,4)te SUVey* 110 Informal Survey* OStrucured Estimate* •Infamil Sower 410&mooed FSeirrArP" *Other(esplain): '" (AVIA*: 11 N'imiber of Attendees.Who Traveled 59 Miles or More* 14 Number of AtterMes Who Stayed Overnight m Paid Arc. . al Projected a) Projected* b) Acme* b) Acme c) (Check Om). °Direct Civint* c) (Chock Oe): 0 Direct come 1110 indirect court* ) SUIVW* Inclirea Come 40 Sizvey* hifoimal Survey* 0 Smcii:oned EMnate* •Inkxmal Survey* et Summed Eitiffiat04 40 Other(explain): 0 Cyber(explain): 12 Number of Attendees Ma Traveled from Another State or Comity* 15 Number-of Paid J utigicif Niglor* a) ProActed* a) Prbecnd* b) Arra? b) Actual* c) (Cnvenk Onte): 0 Direct Come c) (Check Orley C)Direct Com* Indirect Care Regerentanve Sower 0 7no"Come' 0 alive Saw,* •Tvfottoul Survey* Structured Estimate* Normal Suwey* ()Scummed Emma** fi Other(explain): 0 Other(emboli: *See Lodging Tax Yearly Reporting Definitions lestructioni Name of holaidual Who Prepared Report: Phone*: Addrms RETURN.IIILS FORM TO: Jaffa-ion County AdmonstratoCi Office 1820 Jefferson Street P.O.Box 1220 Port Towricend.WA 98368 jeffisocc it co jefferson.wa.m DEADLINE:February 28th of Each Reporting Year Page 7 of 12 Centrum 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 8 of 12 Centrum EXHIBIT C 1st OUARTER Due by April 30th to afmcknight@cojefferson.wa.us Organization: Contact person: Mailing Address : Phone Number/Email: STARTING BALANCE '- REVENUE THIS EXPENSES THIS ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER i THIS QUARTER Please attach supportive documents.Any attachments may be subject to disclosure as a public record under the Public Records Act,RCW Chapter 42.56.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. Please provide your reports of the revenue,marketing,services,programs and activities of the prior quarter. JANUARY Incoming Revenue Outgoing Expenses Total FEBRUARY Incoming Revenue Outgoing Expenses Total MARCH Incoming Revenue Outgoing Expenses Total Page 9 of 12 Centrum EXHIBIT C 2nd OUARTER Due by July 31s'to afmcknight@co.iefferson.wa.us Organization: Contact person: Mailing Address : Phone Number/Email: STARTING BALANCE + REVENUE THIS EXPENSES THIS ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER i THIS QUARTER Please attach supportive documents.Any attachments may be subject to disclosure as a public record under the Public Records Act,RCW Chapter 42.56.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. Please provide your reports of the revenue,marketing,services,programs and activities of the prior quarter. APRIL Incoming Revenue. Outgoing Expenses Total MAY Incoming Revenue Outgoing Expenses Total JUNE Incoming Revenue Outgoing Expenses Total Page 10 of 12 Centrum EXHIBIT C 3rd OUARTER Due by October 31sY to afmcknight@co.jefferson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email: STARTING BALANCE REVENUE THIS _ EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Please attach supportive documents.Any attachments may be subject to disclosure as a public record under the Public Records Act,RCW Chapter 42.56.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. Please provide your reports of the revenue,marketing,services,programs and activities of the prior quarter. JULY Incoming Revenue Outgoing Expenses Total AUGUST Incoming Revenue Outgoing Expenses Total SEPTEMBER Incoming Revenue Outgoing Expenses Total EXHIBIT C 4th OUARTER Due by January 31st to afrncknight@co.jefferson.wa.us Page 11 of 12 Centrum Organization: Contact person: Mailing Address: Phone Number/Email: STARTING BALANCE ♦ REVENUE THIS EXPENSES THIS ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER s THIS QUARTER Please attach supportive documents.Any attachments may be subject to disclosure as a public record under the Public Records Act,RCW Chapter 42.56.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. Please provide your reports of the revenue,marketing,services,programs and activities of the prior quarter. OCTOBER incoming Revenue Outgoing Expenses Total NOVEMBER Incoming Revenue Outgoing Expenses Total DECEMBER Incoming Revenue Outgoing Expenses Total Page 12 of 12 Centrum