HomeMy WebLinkAbout010322ca06 Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: January 3,2022
SUBJECT: AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$58,857;North Hood Canal Chamber of Commerce
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:
North Hood Canal Chamber of Commerce $58,857
RECOMMENDATION:
Approve and sign the agreement.
REVI WED BY:
i'fr/t/
Mark c a y, Intcnm County Admi • ator Date:
AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
NORTH HOOD CANAL CHAMBER OF COMMERCE AND VISITOR CENTER
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the NORTH HOOD CANAL CHAMBER OF COMMERCE(hereinafter known
as "NHCCC").
WHEREAS,the NHCCC is a non-profit corporation of the State of Washington;and
WHEREAS,the COUNTY desires to promote tourism by providing information to guests,
support and staff to information centers in unincorporated Jefferson County, as well as workshops,
conferences and materials to enhance productivity of visitor information centers in the promotion of
the tourism industry,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 the North Hood Canal Chamber of Commerce to
operate visitor centers in Quilcene and Brinnon;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The NHCCC shall use its capabilities and utilize up to $58,857 of funding provided under this
agreement to continue and update the ongoing performance of the following tourism promotion
services, as outlined below:
1. Be responsible for the daily operation and continuation of the Quilcene Visitor's Center
and the Brinnon Visitor's Center and provide visitor information materials for the
Dosewallips State Park, consistent with the Itemized List of Proposed Tourism Promotion
Services and NHCCC Lodging Tax budget, a copy of which are incorporated herein and
attached hereto as Exhibit A.
SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF
COMMERCE
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 NHCCC 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.
Page: 1 of 12 North Ho
od Canal
g Chamber of Commerce
2. On or before January 31,2022(OR upon execution of this agreement,whichever is later)
and July 31,2022,provide to the COUNTY:
• A billing statement requesting payment of Hotel-Motel Funding for the current half
year.
3. For a minimum of six (6)years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice,provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County. Any monies under-expended of the total funding allocated
under this Agreement shall be refunded to Jefferson County by January 31, 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 NHCCC.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by the NHCCC 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 NHCCC 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$58,857 for 2022. Semi-annual payments of$29,429 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.
Page: 2 of 12 North Hood Canal Chamber of Commerce
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. The
NHCCC 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,NHCCC 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 NHCCC 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 NHCCC's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the NHCCC 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 NHCCC'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 NHCCC's negligence, or the negligence of the NHCCC's agents or employees.
The NHCCC specifically assumespotential liabilityfor actions brought against the COUNTY by
Y g g Y
the NHCCC's employees, or any other persons engaged in the performance of any work or
service required of the NHCCC 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 NHCCC recognizes that this waiver was
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation.
Page: 3 of 12 North Hood Canal Chamber of Commerce
SECTION 9: INSURANCE
The NHCCC 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 NHCCC shall maintain Workers' Compensation coverage as required under the Washington
State Industrial Insurance Act, RCW Title 51, for all NHCCC employees, agents and volunteers
eligible for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
The NHCCC and the COUNTY agree that the NHCCC 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 NHCCC nor any employee of the NHCCC 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 NHCCC, or any employee, representative, agent or contractor of the
NHCCC. The NHCCC 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 NHCCC 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 NHCCC 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 NHCCC 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 NHCCC.
Page: 4 of 12 North Hood Canal Chamber of Commerce
APPROVED and signed this day of
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, Kate Dean,Chair
Clerk of the Board
Approved as toJorm: NORTH HOOD CANAL CHAMBER
A NI
Philip C. Hunsucker, December 20,2021 Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 12 North Hood Canal Chamber of Commerce
EXHIBIT A
Organization(or Event) Name North Hood Canal Chamber mo"mm°rm
In the following space monaseparate sheet of paper,please specify each proposed tourism
promotion, facility, event orantivity, including quantities and costs(see examples m/bottom ofpa4e).
�
Payroll for Visitor Center staff, including holiday bonuses,sick pay,payroll taxes and o25%payroll
| reserve:s52.962.01.
� Recruiting and retaining staff who know about and promote our area iw crucial for our operation.
Because all our staff must be approved by the Forest Service and are required to perform to the
same levels as federal employees in the USFS Ranger Station,we attempt to pay at similar levels.
Ao all our employees are part time,wm offer no other benefits except for e2.5%Holiday Bonus and
State mandated Sick Pay and Paid Family Leave.All wages under this contract go to front-line staff
who work directly with the traveling public. Consistent with our previous practice,any unspent
Lodging Tax Funds will bo returned Uo the County after year end.
VVe will,as required by our agreement with the Forest Service,provide the Oui|cene Visitor Center
located in the Quilcene Ranger Station with two paid receptionists on weekends and holidays
throughout the year.Note that this will happen only when the Ranger Station ia generally open to
the public.See below for additional information.
We will provide the Brinnon Visitor Center in the Brinnon Community Center with 1 paid receptionist
on weekends and holidays throughout the year.
Telephone, inhmmnt and postage:$2050
For assisting people who are not here in person by phone and e-mail,sending off lodging and event
information,and working on our website and social media account,all of which promote our area.
Insurance:$2000
�
Here ' s a bceakclovvzz without all that excess text:
Payroll and taxes : $52, 963 ' 0I
Communication: $2, 050
Zzzoozanoe and travel: $2, 050
Accounting and supplies: $I, 800
Those should total: ¢58, 962' 01
Interest: —$5 ' 0I
Final total: $58, 857
Page 6ofl2 North Hood Canal Chamber o[Commerce
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
Orpruntions receraine funding to promote fmtivals.,special everits and tomisna-related acriyines through tountan-related facilities
awaited or sponsored by non-profit orgonizatiom or the local jurirchction are required to complete this form for EACH activity
1°woman=Natne: Reporting Year:
Sr Type(Ilea Ore': 50.1(c;(1) 0 501(06 40 Lace:*keretErjera *Other r,Evitir:;:
k..111%,1F Name
4 Activity Type Check Oeil: EveatTettrala ft Tyziate* 1p Marketing"
5 Aciivity Stxt Date:
t Activity End Date"
Total Sort of Acnvity $
S Amom Req:
Amami Awarded: S
11 Overall Arienciance 13 Number of Atemdees Me Stayed Oren. Unpni Accararodatices'
New, led* Prtrecied*
Aciia1 S Acria:,*
7.) (Check Oce) ODirect COUJX* c' Itieliesclaagy(Chau,Otter ft:erect fIrme
Indirect Core ORgreseteetive Survey' alehairecr.IIIcrera 411 Represeetetive Survey*
go Trfrow-tlSonev. Structired Emmet alb.'Sums Stricsered Eriirear*
•Odin(explam.;. 410 `,4x1A3121):
11 Number of Ateandees Who Trwaled 50 Miles orMore 14 NurdbertdArtaidees'ikba Stayed Ocem4in m Paid Arr.**. •,**:
a) Pete!' Pomerten*
b) Actual' Actual*
c (Clerk One)" 0 Direct Care cMethodology,Ciawk One): 0ft Direct:-.70121e
lama COUrir P.mareterrante Sumet. ludirea CatEle fit Repffseatative
110 IritYrTrAl Stum.,•'` 0 Slructursi intaaral SUIN'ty* Structures1 Eadanate*
0 Oth, eaplater): 0 Other leitplata):
11 Neter&of Arrendeer%le Tinseled from Another State cc Comer 15 Number of Parr ead.inf Nights*
a- Ariected* a', Projected*
O, Arm? i Acme
Matitadoktly i:Chmli One" Direct CE01.M* Metricsfeioxt(Check One): 0 Dmmt Dom:*
0 IMUeir:(mitt' 0Eepresettacre Shrorr'' 0 ale:rec.!Cana° ORepmenIative Surrey*
0 Irkezcal Survey* Staa=red Erireare* Imfontal Survey* 0 Stmcrused Erwfm..*
COth6 (70)Other!:ewlairth
'See Lodging Tax Yearly Reporting Definition:Instruc(ions
Name of latiradia:Who Premed Report
Phone
RETURN ititS FORM TOt
Jefferson County Administrator Office
13:3:re ffersor.Street
P.O.3car 00* ,
Port Toromencl. ":"'1"'"." at,
:effacco
DEADEYE February28th or Each Reporting Year
Page 7 of 12 North Hood Canal Chamber of Commerce
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 North Hood Canal Chamber of Commerce
EXHIBIT C 1st OUARTER Due by April 30th to afmckni ht(a�co.tefferson.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 9 of 12 North Flood Canal Chamber of Commerce
EXHIBIT C 2"d OUARTER Due by July 315"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 North Hood Canal Chamber of Commerce
EXHIBIT C 3rd OUARTER Due by October 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.
JULY
Incoming Revenue Outgoing Expenses Total
AUGUST
Incoming Revenue Outgoing Expenses Total
SEPTEMBER
Incoming Revenue Outgoing Expenses Total
Page 11 of 12 North Hood Canal Chamber of Commerce
EXHIBIT C 4th OUARTER Due by January 31'to afmcknight@eo.jefferson.wa.us
co.jeffersonwa.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 12 of 12 North Hood Canal Chamber of Commerce