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HomeMy WebLinkAbout010322ca09 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$75,000; STRONGERTOWNS dba The Production 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: STRONGERTOWNS dba The Production Alliance $75,000 RECOMMENDATION: Approve and sign the agreement. REVI WED BY: fx 90 Mar Mc ey, Intenm County Ad ' trator Dat AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES STRONGERTOWNS(DBA The Production Alliance) 2022 SEASON OF EVENTS This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY" and STRONGERTOWNS,dba The Production Alliance—2022 SEASON OF EVENTS (hereinafter known as "TPA"). WHEREAS,StrongerTowns 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 TPA 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 TPA shall use its capabilities and utilize the funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services,as outlined below: 1. TPA shall use its capabilities and utilize up to$75,000 of funding provided under this agreement to promote Jefferson County Events,restricted to any of the promotional expense items identified as"LTAC"in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. SECTION 2: RESPONSIBILITIES OF THE PRODUCTION 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 TPA for the prior quarter under this Agreement; • 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 first half of 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 STRONGERTOWNS—DBA The Production Alliance—2022 Season of Events 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, 2022. 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 TPA. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not)by TPA 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 l. The COUNTY will provide TPA 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$75,000 for 2022. Quarterly payments of$18,750 will be made,beginning with the first 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. 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. TPA may terminate this Agreement upon thirty(30)days written notice to the COUNTY. In the event of Page: 2 of 12 STRONGERTOWNS—DBA The Production Alliance— 2022 Season of Events 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, TPA 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 TPA 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 TPA's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require TPA 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) TPA'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 TPA's negligence,or the negligence of TPA's agents or employees. TPA specifically assumes potential liability for actions brought against the COUNTY by TPA's employees, or any other persons engaged in the performance of any work or service required of TPA 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. TPA 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 Grantee 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. TPA shall maintain Worker's Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all TPA employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 2. Commercial Automobile Liability Insurance: a. In the event TPA shall own any vehicle during the term of this Agreement, 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 work under this Agreement for a combined single limit of not less than $1,000,000 each occurrence. Page: 3 of 12 STRONGERTOWNS—DBA The Production Alliance—2022 Season of Events b. For a non-owned vehicle rented or hired to perform services under this Agreement, TPA shall obtain bodily injury and property damage liability coverage for the non-owned vehicles for a combined single limit of not less than$1,000,000 each occurrence. c. The TPA will ensure any employees or third parties that will be driving while performing work under this Agreement, other than transport under paragraph b., shall obtain the following coverages at a minimum: a limit of$25,000 for bodily injury or death of 1 person in any single accident, $50,000 for bodily injury or death of 2 people in any single accident, and $10,000 of property damage coverage in any single accident for their owned& non-owned vehicles assigned to or used in the performance of their work. 3. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)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); d. Independent Contractors and subcontractors; e. Blanket Contractual Liability. SECTION 10: INDEPENDENT CONTRACTOR TPA and the COUNTY agree that TPA 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 TPA nor any employee of TPA 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 TPA, or any employee, representative, agent or contractor of TPA. TPA 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 TPA 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. Page: 4 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events SECTION 12: DISCRIMINATION PROHIBITED TPA 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 TPA 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 TPA. APPROVED and signed this day of ,2022. JEFFERSON COUNTY Attest: BOARD OF COMMISSIONERS Carolyn Gallaway, Kate Dean,Chair Clerk of the Board Approved as to Form: StrongerTowns(DBA The Production Alliance) Philip Hunsucker, December 28, 2021 Authorized Official Chief Civil Deputy Prosecutor Page: 5 of 12 STRONGERTOWNS—DBA The Production Alliance—2022 Season of Events EXHIBIT A Itemized List of Proposed Tourism Promotion Services Website Development & Design $10,000 Videography & Photography $15,000 Marketing &Advertising $20,000 Graphic Design & Printing $10,000 Administration of Tourism Events $15,000 Event Equipment $5,000 Total LTAC Funded Expenditures $75,000 Page: 6 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events 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 Organrzatroas recenmg funding to promote festival:.special event-and totaism-related acnvznes through tourtzm-rented factiree: owned or sponsored by non-profit organizations or the local jurndretron are required to complete tar:form for EAC H acaviry 1 Organization Name; Repotting Year : Sponsor Tire Check One) Q 501;c,31 „!5O1h.c K&: 0 Local J.ursihcacn ©Ouse LToplam.. 3 A.-nnrc Name 4.4 Amin:Type(Check One Q Event Festwal• 0 Facilury 0 Martenng• 5 Anus-Stint Dare" 5 Asti:End Date" -Taal Cott of Actni S S Amount Requested: S ?Amount Awuded: S I l O'era l Attendance' l: Number of Attendees Who Staved Otemgls m Unpaid Accommodations' a;: Pto?ected• a; Projected' S i Ac u S i Arians' c'= Methodolor I Check One; ODuecr Cow' c Methodology;Check One is 0 Direct Count" °indirect Corm• ORepresentarn•e Survey' ()Indirect Cam' ORepreseetante Sam• °InforrralSuiitn• 0StrvctruedEmma" 0:n'rxalSurvey 0SwcnrredEeomaee• °Other,esplam: ()Other evil:oa): l 1 ~usher of Anendees Who Traveled Miles or More 14 number of Anendees Who Stayed Oretnigkt m Paid Arcoartrnt•arrons' a Pto;ecred• a Protecred• h. Actor Si Aare:* :) Methodology•Check One; °Direct Coca• c Methodo:oey;Check One1: 0 I.`recr Count' Indirect o • 0PeresaneSuttey 2nfnmslSw i rl EXna• ndaectComet• Feluesectadte Swan' :dorsal Survey' Structured Lamaze' 0 Other evplaur: 0 Other;explain) IC Number of Anendees Who Traveled fcoat Another State or Cmwars" l5 Number of Paid r Mtn!!Nigh s• a ?roected• 3 Pro)ccred• Si Acne:* Si Aura:' Methoclo.ogy Cher One 0Direct cow' c Methodo:ogy iCheck One.. 0:yeaCame• 0Indires, :cram' ()Representative Sunvev 0 4itect Ccom• ORsprese rang Surtev.• 0IoSoraal Sunni• (//��0Strucw L ei�=ate 0 rs,s..,:"•rive, 0 SR'xnired EanmaP• 00thet explain;' ®Ott explain, 'See Lodging Tax t•earh-Reporting Definitions In:tructionz Name of Indsvtcia'l Who Prepared Repor ?acne 0 E•Y..ar Aidress RETURN THIS FORM TO- Jeffei on C Dunn•Adnunrstraror:Office :S23 Jet3'er.on Street PC2 Box :2_C Port Townrend.'61:{4S-5S veff-,o.�;i:o effer:oa.w-a u: DE.t.DLIN•E Februar. 2Sth of Each Reportwc l"ear Page: 7 of 12 STRONGERTOWNS —DBA The Production Alliance— 2022 Season of Events 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 STRONGERTOWNS —DBA The Production Alliance —2022 Season of Events EXHIBIT C 1st OUARTER Due by April 30th to afmcknight@co.jefferson.wa.us Organization: Contact person: Mailing Address : Phone Number/Email: 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. Plaaca nrnviria uniir rannrtc of tha ravanna marlratina carvirac nrnaramc anti artivitiac of tha nrinr nnartar STARTING BALANCE + REVENUE THIS - EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total • • FEBRUARY Incoming Revenue Outgoing Expenses Total MARCH Incoming Revenue Outgoing Expenses Total • • Page: 9 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events EXHIBIT C 2"d QUARTER Due by July 31 St to afmcknight a(,�co jefferson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email : 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. Plpacp nrnvir1A xrnnr rpnnrtc of the ravpnna markptina cprvirpc nrnaramc anti articritipc of the nrinr nnartpr STARTING BALANCE + REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER THIS QUARTER Incoming Revenue Outgoing Expenses Total MAY Incoming Revenue Outgoing Expenses Total JUNE Incoming Revenue Outgoing Expenses Total Page: 10 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events EXHIBIT C 3rd OUARTER Due by October 31"to afmcknight@cojefferson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email : 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. P1Pacp nrnvirlp vnllr rpnnrtc of the rpvpnnp markptina can/if-pc nrnaramc and arti ,itipc of the nrinr rmartPr STARTING BALANCE + REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total • • AUGUST Incoming Revenue Outgoing Expenses Total • • • • • • SEPTEMBER Incoming Revenue Outgoing Expenses Total • • • • • • Page: 11 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events EXHIBIT C 4t'' OUARTER Due by January 31g to afmcknight@cojefferson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email : 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. PlpacP nrnviriP vnnr rPnnrtc of the rPvpmia markatina carvirpc nrnaramc and artivitipc of the nrinr nnartpr STARTING BALANCE ♦ REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total NOVEMBER Incoming Revenue Outgoing Expenses Total DECEMBER Incoming Revenue Outgoing Expenses Total Page: 12 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events