HomeMy WebLinkAbout122021ca14 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$3,000; Quilcene Brinnon Garden Club
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:
Quilcene Brinnon Garden Club $3,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
Mark McCauley I terim County Administrat Date:
AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE BRINNON GARDEN CLUB
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and OUILCENE BRINNON GARDEN CLUB
WHEREAS, QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB shall use its capabilities and utilize up to$3,000 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 QUILCENE BRINNON GARDEN CLUB:
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 QUILCENE
BRINNON GARDEN CLUB 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.
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
Page: 1 of 13 QUILCENE BRINNON GARDEN CLUB
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 QUILCENE
BRINNON GARDEN CLUB.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not)by QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB 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$3,000 for 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. 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. QUILCENE
BRINNON GARDEN CLUB may terminate this Agreement upon thirty(30) days written notice to
Page: 2 of 13 QUILCENE BRINNON GARDEN CLUB
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, QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON
GARDEN CLUB's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein shall require the QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB'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 QUILCENE BRINNON
GARDEN CLUB's negligence, or the negligence of the QUILCENE BRINNON GARDEN
CLUB's agents or employees.
The QUILCENE BRINNON GARDEN CLUB specifically assumes potential liability for actions
brought against the COUNTY by the QUILCENE BRINNON GARDEN CLUB's employees, or
any other persons engaged in the performance of any work or service required of the
QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB
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 QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB shall maintain Workers'
Compensation coverage as required under the Washington State Industrial Insurance Act,
RCW Title 51, for all QUILCENE BRINNON GARDEN CLUB 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
Page: 3 of 13 QUILCENE BRINNON GARDEN CLUB
the performance of the work for a combined single limit of not less than $1,000,000 per
occurrence in connection with QUILCENE BRINNON GARDEN CLUB'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.
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 QUILCENE BRINNON GARDEN CLUB 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.
Page: 4 of 13 QUILCENE BRINNON GARDEN CLUB
The insurance maintained by QUILCENE BRINNON GARDEN CLUB under this Agreement
shall not in any manner limit or qualify the liabilities or obligations of QUILCENE BRINNON
GARDEN CLUB under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The QUILCENE BRINNON GARDEN CLUB and the COUNTY agree that the QUILCENE
BRINNON GARDEN CLUB 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 QUILCENE
BRINNON GARDEN CLUB nor any employee of the QUILCENE BRINNON GARDEN
CLUB 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
QUILCENE BRINNON GARDEN CLUB, or any employee, representative, agent or contractor
of the QUILCENE BRINNON GARDEN CLUB. The QUILCENE BRINNON GARDEN
CLUB 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
QUILCENE BRINNON GARDEN CLUB 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
QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON GARDEN CLUB 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 QUILCENE BRINNON
GARDEN CLUB.
Page: 5 of 13 QUILCENE BRINNON GARDEN CLUB
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: QUILCENE BRINNON GARDEN CLUB
0' C. t ,
December 10,2021
Philip C. Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 6 of 13 QUILCENE BRINNON GARDEN CLUB
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
1. Itemized List of Proposed Tourism Promotion Services
Organization(or Event)Name: 014 L-:N AKIN/von PLAn 1 :3 19X
In the following space or on a separate sheet of paper,please specify each proposed tourism
promotion, facility, event or activity, including quantities and costs(see examples at bottom of page).
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Examples of how to list your proposed tourism promotion services or event(please be as specffic AS
POSSIBLE about the services,quantities,the tourism market,distribution method,and cost):
10,000 promotional rack cards for 1-5 corridor from Portland to Bellingham,April-June 2018 $1,835
The rack cards will promote an event/hotel/restaurant promotional package.
Design and printing $1,250
Distribution by XYZ Company $ 500
5 hours of staff bine at$17.00 per hour to write copy,edit and proof the cards,...,.$ 85
1/3 page black and white event promotional advertisement in XYZ Magazine,July 2018 edition........$1,500
XYZ Magazine has 250,000 subscribers in western and northwest states.This 1/3-page ad
will be pad of a full-page advertisement being coordinated by the VCB.XYZ Magazine will match
the value of the advertisement with a feature article on Jefferson County and the event in the same edition,
Page: 7 of 13 QUILCENE BRINNON GARDEN CLUB
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
Orgaaiatioas reaming iarid+riE to promote fcut-aL•,2pecial evert and to -reb/ed artail through corm-related fa c rites
armed or ptonsared bg non-profit manuat>ow or the Local jut rdiction se recurred to complete flog form for EACH activity.
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Ul theca Ar mance• 13 Number of Attendees SU inset Orenagkr a Llama Acra®odamos•
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*See Low Tax Yearly Reporter Definitions` atructiens
Name arratattral SU Assad Knorr:
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RE1tRN THIS FORM TO:
Jefferson Comuty A&n rimed Office
1S211 Jefferson Street
P.O.Box MO
Port Tooemend.WA 9S363
2efEboxiico jeflerson.vrn.n:
DEADLINE:February 38rk of Each Reporting Year
Page: 8 of 13 QUILCENE BRINNON GARDEN CLUB
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 13 QUILCENE BRINNON GARDEN CLUB
EXHIBIT C 1st OUARTER Due by April 30th to afmcknight(c uco.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.
JANUARY
Incoming Revenue Outgoing Expenses Total
FEBRUARY
Incoming Revenue Outgoing Expenses Total
MARCH
Incoming Revenue Outgoing Expenses Total
Page: 10 of 13 QUILCENE BRINNON GARDEN CLUB
EXHIBIT C 2nd OUARTER Due by July 315"to afmcknight(cuco 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: 11 of 13 QUILCENE BRINNON GARDEN CLUB
EXHIBIT C 3rd OUARTER Due by October 315"to afmckni,ght 4,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: 12 of 13 QUILCENE BRINNON GARDEN CLUB
EXHIBIT C 4t' OUARTER Due by January 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
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: 13 of 13 QUILCENE BRINNON GARDEN CLUB