HomeMy WebLinkAbout122021ca12 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$3,102; Port Ludlow Village Council
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:
Port Ludlow Village Council $3,102
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
_,Ati /2 / 1
Mark McCaule I nterim County Administrato . Date:
AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
PORT LUDLOW VILLAGE COUNCIL
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and PORT LUDLOW VILLAGE COUNCIL (hereinafter known as "PLVC").
WHEREAS,PORT LUDLOW VILLAGE COUNCIL is a non-profit corporation 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 PLVC 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
PLVC shall use its capabilities and utilize up to $3,102 of funding provided under this agreement to
promote and upgrade signs and hardware by constructing and installing banners and poles,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 PLVC:
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 PLVC 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 12 Port Ludlow Village Council
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 Hotel/Motel Fund. 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 PLVC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by PLVC 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 PLVC 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$3,102 for 2022. 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. Work performed during the term and pursuant to this Agreement,but prior to its
complete execution, is hereby ratified.
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. PLVC may
terminate this Agreement upon thirty(30)days written notice to the COUNTY. In the event of
Page: 2 of 12 Port Ludlow Village Council
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, PLVC 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 PLVC 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 PLVC's negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require the PLVC 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 PLVC'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 PLVC's negligence, or the negligence of the PLVC's agents or employees.
The PLVC specifically assumes potential liability for actions brought against the COUNTY by
the PLVC's employees, or any other persons engaged in the performance of any work or service
required of the PLVC 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 PLVC 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 PLVC 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.
1. Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington. The PLVC shall maintain Workers' Compensation coverage as required
under the Washington State Industrial Insurance Act, RCW Title 51, for all PLVC
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 PLVC's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
Page: 3 of 12 Port Ludlow Village Council
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.
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 PLVC 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."
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 PLVC under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of PLVC under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The PLVC and the COUNTY agree that the PLVC 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
Page: 4 of 12 Port Ludlow Village Council
PLVC nor any employee of the PLVC 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 PLVC,or any employee, representative,agent or contractor of the
PLVC. The PLVC 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
PLVC 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
PLVC 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 veteran yr militarystatus,or thepresence of anysensory, 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 PLVC 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 PLVC.
APPROVED and signed this day of ,2021.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, Kate Dean,Chair
Clerk of the Board
Approved as to Form: Port Ludlow Village Council
t December 7,2021
Philip C. Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 12 Port Ludlow Village Council
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
Section 1— Itemized list of proposed services and estimated costs:
Organization: Port Ludlow Village Council
Light Pole Rods/Brackets—6 $1,800
Vinyl Banners—6 720
Installation 300
Tax (10%) 282
TOTAL $3,102
Page: 6 of 12 Port Ludlow Village Council
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 fauulthE to won:tote festivait,Tema),event and tounsm-related entwines thanugh rotwism-reiared fardines
owned or wawa-ed hy non-profit or a ...or the kcal junsdietion are required to camp-lee this form for EACH acthatty.
1 in Na: Reptliting Year
Spernm Type(Check One): •501(c))5) lip 501(cX5) •Lnal.Ions" •Other(E,"
3 Artrotynom
4 Activity Type(Check One). Erman-noels al Ferrate 0 Mariattag*
5 Atiasity Stan Date.
Acanny End Dare,
7 Torn Cost of Actrithy) $
B Ana=Regan-ma: $
9 Az Awarded: $
10°tend -* 13 Number of Attendees Who Stayed Overnight act trwaxl Arc,
• PlikrrIPa* a) Projected*
Acroal* ))), jizttor,
• ,gy(Cheri One) lip Direct Cone (CIECk One): •
DiteCt Crave
irsdIS,K1 Calle 110° Sammy* •hidden Come ORapreieaitaltve Sizvey*
*Informal Survey* *Stranured Edmore admiral Survey* •Scrammed Enamor.*
110•" Ce74:9,19L9), 110 (erglang:
11 Number of Artaniaes Who Traveled 50Miles or More 14 N of Attendees Who Stayed Overnight da Pak
a) Pronnted* Projected*
b) Anne b) Actual*
c), ,a,. (Clack COn) Direct Come c) logy(Chek One: •Duerr Come
Indirect Count* OF I Survey* lothrea Costa* : s Survey*
•worboal Survey* Structured Estimate hdonnal Sunie,e Smthrored Faunae
0 Otte(explain): 0 Other(ea:plum
12 Number of Aneadees Who Traveled rim Another State cc Canary* 15 Number of Pak odfarsy Night*
al Projected* Projecne
b) Actual* b) Acme
gy(chea Cony 0 Direct C47111r° c) Methodology(Check One): 0 Direct Come
°Indirect Creme 0 t e Surrey* 0 hicitecr Count* 0 -entante axey*
0 Infomul Sumer 0 Structured Estate* 0 adreacal Survey' 0 Structured Estm.m.
(Dotter(eggan): 0 Other(explain):
*See Lodging Tax Yearly Reporting Definitions Instructions
Name of Indinclual Who Prepared Report
Phone a. E-Mail Address
RETURN l HIS FORM TO:
Jefferson County Atittionstrators Office
1820 Jefferson Street
P.O.Box 1220
Port Townsend,WA 98368
jeftbocci co.jefferCon.waus
DE-IDELNE;February.28th of Each Reporting Year
Page: 7 of 12 Port Ludlow Village Council
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 Port Ludlow Village Council
EXHIBIT C 1st OUARTER Due by April 30th to afrncknight@coiefferson.wa.us
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.
JANUARY
Incoming Revenue Outgoing Expenses Total
• •
• •
• •
FEBRUARY
Incoming Revenue Outgoing Expenses Total
• •
• •
• •
MARCH
Incoming Revenue Outgoing Expenses Total
• •
• •
Page: 9 of 12 Port Ludlow Village Council
EXHIBIT C 2"d OUARTER Due by July 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.
APRIL
Incoming Revenue Outgoing Expenses Total
• .
• •
MAY
Incoming Revenue Outgoing Expenses Total
JUNE
Incoming Revenue Outgoing Expenses Total
Page: 10 of 12 Port Ludlow Village Council
EXHIBIT C 3rd OUARTER Due by October 31 st to afmcknight@cojefferson.wa.us
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: 11 of 12 Port Ludlow Village Council
EXHIBIT C 4th OUARTER Due by January 31"to afmcknight a co_jefferson;wa.us
Organization:
Contact person:
Mailing Address :
Phone Number/Email:
STARTING BALANCE �`- REVENUE THIS EXPENSES THIS _ ENDING BALANCE
PREVIOUS QUARTER QUARTER s 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.
OCTOBER
Incoming Revenue Outgoing Expenses Total
NOVEMBER
Incoming Revenue Outgoing Expenses Total
DECEMBER
Incoming Revenue Outgoing Expenses Total
Page: 12 of 12 Port Ludlow Village Council