HomeMy WebLinkAbout010322ca07 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$14,500; Emerald Towns Alliance
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:
Emerald Towns Alliance $14,500
RECOMMENDATION:
Approve and sign the agreement.
REVI7/E ED BY:
„2 Zj Z-/
Mark McCaulers.,,,e6:„,„,
nterim County Admin Da e:
AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
EMERALD TOWNS ALLIANCE
This Agreement is by and between Jefferson County(hereinafter known as "County" and
the Emerald Towns Alliance(hereinafter known as "ETA").
WHEREAS,ETA 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 the Emerald Towns Alliance for the 2016
Brinnon ShrimpFest to promote tourism in the unincorporated area of Jefferson County;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The ETA shall use its capabilities and utilize up to$14,500 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 THE EMERALD TOWNS ALLIANCE:
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 ETA 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. Funding provided by this Agreement may only reimburse the net expenditure increases
for services as authorized by Section 1 together with Exhibit A of this Agreement. Any
monies used to reimburse other expenditures, 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.
Page 1 of 11 Forks Chamber of Commerce
4. For a minimum of six(6) years, ETA shall maintain documented proof of payments
made, contracts executed, and other expenditures authorized under this Agreement. Upon
reasonable notice, ETA shall provide access to County or State representatives to audit
those records.
5. By February 28th of each year ETA shall provide the County 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 ETA.
b. The amount of lodging tax revenue allocated for expenditure(whether actually
expended or not)by ETA 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 reimburse ETA with funding from Hotel-Motel Tax receipts for actual
documented combined net expenditure increases for services as authorized under this
agreement.
2. Said funding is in the sum of$14,500 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 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.
Eligible expenditures made on or after March 1,2022 and prior to the execution date of this
Agreement are hereby ratified.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement,except by signed amendment by both
parties.
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. ETA may
Page 2 of 11 Centrum
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, ETA 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
ETA 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 ETA's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein shall require ETA 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)ETA'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 ETA's negligence, or the negligence of ETA's
agents or employees. ETA specifically assumes potential liability for actions brought against the
County by ETA's employees, or any other persons engaged in the performance of any work or
service required of ETA 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. ETA 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
ETA 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.
ETA shall maintain Workers' Compensation coverage as required under the Washington State
Industrial Insurance Act, RCW Title 51, for all ETA employees, agents and volunteers eligible
for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
ETA and the County agree that ETA 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 ETA nor any
employee of ETA 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 ETA,
or any employee, representative, agent or contractor of ETA. ETA shall be responsible for all
applicable withholdings, deductions, state industrial insurance, tax reports, business licenses,
registrations, and all other obligations of an independent organization.
Page 3 of 11 Centrum
SECTION 11: COMPLIANCE WITH LAWS
ETA 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
ETA 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 ETA 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 ETA.
APPROVED and signed this day of January,2022.
Jefferson County
Attest: BOARD OF COMMISSIONERS
Carolyn Avery, ,Chair
Deputy Clerk of the Board
Approved as to_Form: EMERALD TOWNS ALLIANCE
t ;
o
Philip C. Hunsucker, December 20, 2021 Authorized Official Date
Chief Civil.Deputy Prosecuting Attorney
Page 4 of 11 Centrum.
EXHIBIT A
ShrimpFest 2022 LTAC Proposal
Itemized Requst
• 6- Square Readers $ 500.00
• 150' of Durable Cable Ramp Covers $ 2,000.00
• 2- Electrical Spider Boxes $ 1,500.00
• Ads/Marketing $ 5,000.00
• Website Design $ 3,000.00
• Site Rental $ 2,500.00
TOTAL $14,500.00
Page 5 of 11 Centrum
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
Oegantzmout tecettang firestitng to promote festrvah,qiiecial events and tourism-related activities through - • iJths
-
owned or sponsored by non-profit *** •*•* or the local junsdictort are required to complete this form for EACH activity,
I Oa'Name: Regaling Year
2 Spasm Type(Chea One). 501(eX3) •501(eX6) Local fitisdiction 00ther(E**.
3 Activity Name
4 AettilW Type(Cheek°D): 0 Eneurfesuval* 0 Earkty* Maketing*
5 Activity Start Date*:
AMaity End Date*-
Total Cost of Activity: $
S ACMES -**•• *: $
9 Amalie Awe*
Id Overad.Attendance* 13 Nimiher of Attendees Who Stayed*•- v.,* • **•* *
a) Pranced* a) Projected*
h) Acme h) Arran*
e) ...*.•.A(Check Ore): Direct Cale .• (rhea One): 0.Dnect Came
Olnirect Court* 0 *e Survey* Ofitdirect * Slaver'
0fiforand Survey* OStructmed Eudora* krreintol Sumer 0 Strarzed Estimate*
•Oda(explam): •
11 Minima of Attsidees Who Trawled SO Miles or Mae* 14 Manta of Atundees Who Stayed• ea Paid Ace*•••••.—*••(
a) Projected* a) Prigand*
h) Actual* h) Actual*
e) *.--.*•* (rhea One) 0 Dima Com* e) (Cluck One): •Direct Come
*Winer Cmm* 0. n Suva' 0 Indirect Count* Remwentarive Slaver'
Toconvel Sunny* Strummed Estimate* Infortral Sower •StraCtUrei Estimate*
0 Other(explain): 0 Other(explain):
12.Nattber of Attendees Who Traveled alma Arother State or Cm r 15 Number of Paid otting Nights*
a) Punected* Projenit*
h.) Actual* la) Actual*
c) ....*.•• (Cc }One): 0 Direct Come c) • (Check One): 0 Direct Otitmt*
°Minn' t Coutia* ORegnsentatme Sunny* ()Mama Came ORepreserande Survey*
40 Informal Survey* 0 Structured Estimate* 0 fidomeal Survey 0 Smnturecl Estimate*
Other(*.alaii): 0 Other(explam):
*See Lodging Tax Yearly Reporting Definitions Instructions
Name of Individual Who Prepared Report
Phone E-Mail Address
RETL1ZN THIS FORM TO:
Jefferson County Admintstratois Office
1820 Jefferson Street
P.O.Box 1220
Pat Townsend_WA 98368
jeffbocc a co Jefferson:0,min
DEADLL\Ti February 28th of Each Reporting Year
Page 6 of 11 Centrum
LTAC Yearly Reporting
Definitions/Instructions
Activity Type: Event/Festival: Short-term activity occurring between specific dates(e.g.,4th of July celebration,local marathon)
Facility:Municipally-owned facility that operates some or all of the year(e.g.,county historical museum,
convention center)
Marketing:Activity that provides information to encourage visitors to an area;is typically a year-round activity but
may also operate for less than a full year.
Activity Date: Activity beginning and ending dates.
Actual: Persons estimated to have actually participated in event/festival or visiting a facility.For marketing
activity,enter the number of persons estimated to have actually visited area as result of marketing activity.
Projected: Persons expected to participate in event/festival or visiting a facility.For marketing activity,enter the number of
persons expected to visit area as result of marketing activity.
Methodology: Select the methodology used to estimate the actual number of visitors/participants.
Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at
entry points,vehicle counts or number of chairs filled.A direct count may also include information collected
directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event.
Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,
redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants.A representative
survey is a highly structured data collection tool,based on a defined random sample of participants,and the results
can be reliably projected to the entire population attending an event and includes margin of error and confidence
level.
Informal Survey:Information collected directly from individual visitors or participants in a non-random manner
that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire
visitor population and provide a limited indicator of attendance because not all participants had an equal chance of
being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location.For
example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international
building code allowance for persons(3 square feet).
Other: (please describe)
Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity.
Total Attendees Traveling 50 miles or more:
Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility.For
marketing organizations,report visitors traveling more than 50 miles to visit area.
Of total,attendees who traveled from another state or country: Of the total projected and estimated actual number of
visitors traveling more than 50 miles to attend event or facility or visit area,report projected and estimated actual number of
visitors who traveled from another state or country.
Attendees who stayed overnight:
Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such
as hotels,motels,bed and breakfasts,etc.
Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such
as family and friends.
Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights.One Lodging night=one or more persons
occupying one room for one night.
Page 7 of 11 Emerald Towns Alliance
EXHIBIT C Pt QUARTER Due by April 30th to afmcknight@cojefferson.wa.us
Organization:
Contact person:
Mailing Address :
Phone Number/Email :
STARTING BALANCE ♦ REVENUE THIS EXPENSES THIS _ ENDING BALANCE
PREVIOUS QUARTER QUARTER QUARTER — 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 8 of 11 Emerald Towns Alliance
EXHIBIT C 2nd 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 i THIS QUARTER
Please attach supportive documents.Any attachments may be subject to disclosure as a public record under the Public
Records Act,RCW Chapter 42.56.For a minimum of six(6)years,maintain documented proof of payments made,contracts
executed,and other expenditures authorized under this Agreement.Upon reasonable notice,provide access to County or State
representatives to audit those records.
Please provide your reports of the revenue,marketing,services,programs and activities of the prior quarter.
APRIL
Incoming Revenue Outgoing Expenses Total
MAY
Incoming Revenue Outgoing Expenses Total
• •
JUNE
Incoming Revenue Outgoing Expenses Total
• •
Page 9 of 11 Emerald Towns Alliance
EXHIBIT C 3rd OUARTER Due by October 31"to afmcknight@cojefferson.wa.us
Organization:
Contact person:
Mailing Address :
Phone Number/Email:
STARTING BALANCE REVENUE THIS EXPENSES THIS _ ENDING BALANCE
PREVIOUS QUARTER QUARTER QUARTER — 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 Emerald Towns Alliance
EXHIBIT C 4t'' QUARTER Due by January 31 st to afmckrtight@cojcfferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
STARTING BALANCE + REVENUE THIS EXPENSES THIS _ ENDING BALANCE
PREVIOUS QUARTER QUARTER f 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 11 of 11 Emerald Towns Alliance