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HomeMy WebLinkAbout122021ca07 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$13,520; Jefferson County Farmers Market 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: Jefferson County Farmers Market $13,520 RECOMMENDATION: . Approve and sign the agreement. REVIEWED BY: ,./(,( - /2-17/q2.-/ Mark McCaule nterim County Admini ra Date: AGREEMENT FOR 2022 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: 1. FARMERS MARKET shall use its capabilities and utilize up to $13,520 of funding provided under this agreement to 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. SECTION 2: RESPONSIBILITIES OF FARMERS MARKET: 1. On or before January 31;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 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 2022. 2. On or before January 31,2022 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. Page: 1 of 11 Jefferson County Farmers Market 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 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 1. 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$13,520 for 2022. Payment is 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. 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 Page: 2 of 11 Jefferson County Farmers Market 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 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. The FARMERS MARKET shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all FARMERS MARKET employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 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 Page: 3 of 11 Jefferson County Farmers Market 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 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 JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Gallaway, Kate Dean,Chair Clerk of the Board Approved as to Form: JEFFERSON COUNTY FARMERS MARKET tf '� /'. ' I . 4 '� December 7,2021 Philip C. Hunsucker, Authorized Official Chief Civil Deputy Prosecutor Page: 4 of 11 Jefferson County Farmers Market EXHIBIT A Itemized List of Proposed Tourism Promotion Services Chimacum Farmers Market Promotion Budget 2022 Promotion in the Leader,PDN,Visitor JCFM and Market We co-promote the Port Townsend and Chimacum Farmers Markets Guide,Chamber Map Sponsorships $ 3,000 with monthly ads Port Townsend Leader print In-kind Sponsorship, advertisement Leader $ 2,000 Two donated 1/2 page ads JCFM and Market KPTZ-Radio promotion Sponsorships $ 375 Scheduled Expanded PSA's airing 15 times between April-December JCFM and Market Facebook/Instagram Sponsorships $ 1,000 Posts promoting both Jefferson County Farmers Markets JCFM and Market Staff time Sponsorships $ 1,500 Ad building,coordination,and posting JCFM and Market Working with a graphic designer to create a new logo and brand Graphic Design Sponsorships $ 2,500 guide for our 30th anniversary season Port Townsend Leader print A portion of the Visitor Guide,Chamber map and other Leader advertisement and postcard LTAC $ 2,500 printing targeting tourists to Jefferson County Facebook/lnstagram LTAC $ 660 Weekly boosted postsaads,22 weeks x$30 Advertising Market opening-For Chimacum and Port Townsend Poster Production&Print LTAC $ 500 Farmers Markets(25 posters each) Reaching visitors to the Olympic Peninsula through distribution at Olympic Cullinary Loop LTAC $ 435 visitor center,local lodging,and more Consultation,rebranding and support for JCFM staff in building ads Graphic Design LTAC $ 500 and,promoting the JCFM markets Staff time LTAC $ 250 Staff time distributing postcards and posters Aired regionally throughKCTS,the Jefferson County Chamber of Commerce,Port Townsend Film Festival,Rose Theatre,Port Video production LTAC $ 3,500 Townsend Food Co-op,and on social media. Waterside Magazine LTAC $ 1,225 On the WA ferries all season long! Kitsap Sun ads LTAC $ 1,000 Monthly June-October Kids'Activities and Chef Demos LTAC $ 750 $150 per month,5 months Live Music Fund LTAC $ 2,200 Live music stipend,$100 per week,22 weeks. Total Request LTAC $ 13,520 Total Advertising Budget $ 23,895 Page 5 of 11 Jefferson County Farmers Market 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 Orgazonatiom receiving foruintg to promote fmtavals,special events and touns,m-related activities through totnism-rokted facilities mimed or sponsored by non-profit -or the local jurisdiction are required to complete this fa=for EACH acty, 1 Organization Norm Tear 2 Spooks'Type(Oka Ore): 501(cX3) •504,x6) •lAxal Junclic' Other 3 ActivnyNarna 4 Amity Type(Check Oue): 0 Evenalzemval* at facihry* 10 Mattering* 5&miry Stan Date*: AitikayEnd Date*: 7 Total Cost of Actrory„ S Amour : $ 9 AIM=At $ 10 Overad Attendance* 13.Nter of Who ;Overragto m Accommodations* a) Projected* Prrnecoad* ti) Actual* b) Areal* c) (Check Ore)- *Direct rooks c) (Check One): a Direct Come aludiren Cr 0: -Surrey* •indirec Come : --entative Slimy* Infromal Suniete 0 Smktirrel Esarnate* Surrey* Stnanuted Estimate* •label(explain): ir•i(4(explain): 11 Number of Attendees Who Traveled 50 Wes od Mores 14 Number of Attendees'Who Stayed" Park Acc » a) Povected* a) Protected* b) Acraal* b) Anne (Check Oozy 0 Direct Came c) - (nwt One): •Direct Come •"Come 0 Stow+ •lackeo Come 41, Skrtee fi Terme,/Servoe 0 Smantred Euttnne* Infamal Solver AO Strimmed Estimate* 110 Other(explain): Other(explain): 12 Number of Attendees lino Traveled form Another State or Cormarte 15 Number of Paid' Nights* a) Projected* a) Projected* Actual hi Actual* c) Methodoiogy(Check One): a Duerr Come c) .kgy(Check Cote): 0 Direct Come 0 114isztrr Court* °Representative Simer* 0 hairect Count* °Representative Sonvy* 0 Informal Stair:* °Structured Estimate 0 hthatmal Survey* C)Strixtured Esrireario 00ther Temkin): clit)Otbier(explain): *See Lodging Tax Yearly Reporting Definitionsinstructions Name of Incindaal Who Prepared.E.eorc Phone at: E-Mail Address. RETURN 1.1118 FORM TO: Jefferson County Admantstraroes r.ce 1820 Jeffemon Street P.O.Box 1220 Port Townsend.WA 9836S ieffboccii coJefferson.watis DEADLINE:February 28th of Each Reporting Year Page 6 of 11 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 7 of 11 Jefferson County Farmers Market EXHIBIT C 1st QUARTER Due by April 30th 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 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. Pleaseprovideyour reports of the revenue,marketing,services,programs and activities of theprior quarter. P P g JANUARY Incoming Revenue Outgoing Expenses Total FEBRUARY Incoming Revenue Outgoing Expenses Total MARCH Incoming Revenue Outgoing Expenses Total Page 8 of 11 Jefferson County Farmers Market EXHIBIT C 2nd QUARTER Due by July 31"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 r 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 9 of 11 Jefferson County Farmers Market EXHIBIT C 3rd QUARTER Due by October 31st 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 Page 10 of 11 Jefferson County Farmers Market EXHIBIT C 4th QUARTER Due by January 31"to afmcknight@cQjefferson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email: STARTING BALANCE REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER _ QUARTER — THIS QUARTER r 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 11 of 11 Jefferson County Farmers Market