HomeMy WebLinkAboutPort Ludlow Village Council $3,500 no ins. - 121922ovk
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AGREEMENT FOR 2023 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
PORT LUDLOW VILLAGE COUNCIL
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and PORT LUDLOW VILLAGE COUNCIL (hereinafter known as "PLVC").
WHEREAS, PORT LUDLOW VILLAGE COUNCIL is a non-profit corporation of the
State of Washington; and
WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County,
as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by PLVC to implement a strategy for the
unincorporated area of Jefferson County to promote tourism activities;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
PLVC shall use its capabilities and utilize up to $3,500 of funding provided under this agreement to
promote and upgrade signs and hardware by constructing and installing banners and poles, restricted
to any of the eligible items in the itemized list of proposed tourism promotion services, a copy of
which is incorporated herein as Exhibit A.
SECTION 2: RESPONSIBILITIES OF PLVC:
On or before April 30; July 31; October 31, 2023; and January 31, 2024, provide to the
COUNTY: see Exhibit C, attached hereto and incorporated;
• A quarterly report of the use, services, programs and activities of PLVC under this
Agreement for the prior quarter;
• A quarterly financial statement detailing revenues, expenses and cash balances for the
prior quarter; and for the final quarter report, the financial statement shall also include a
detailed financial statement for all 2023.
2. On or before January 31, 2023 OR upon execution of this agreement, whichever is later,
provide to the COUNTY:
• A billing invoice requesting payment of Hotel -Motel Funding for the current year.
3. For a minimum of six (6) years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
Page: 1 of I 1 Port Ludlow Village Council
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County Hotel/Motel Fund. Any monies under -expended of the total
funding allocated under this Agreement shall be refunded to Jefferson County by January
31, 2023.
By February 28th of each year provide the following information on Exhibit B, attached
hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by PLVC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by PLVC on each festival, event or tourism facility.
c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist'
includes persons traveling more than 50 miles to the location of the event, festival or
facility and overnight stays in the area).
d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the event,
festival or facility.
SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
1. The COUNTY will provide PLVC funding from Hotel -Motel Tax receipts to be used in
support of their responsibilities as defined under this agreement.
2. Said funding is in the sum of $3,500 for 2023. 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, 2023 and ending on
December 31, 2023, except for the reports referenced in Section 2, due January 31, 2024 and
February 28, 2024. Work performed during the term and pursuant to this Agreement, but prior to its
complete execution, is hereby ratified.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written
notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in
any way, or for non-performance of duties under this Agreement, or for any reason. PLVC may
terminate this Agreement upon thirty (30) days written notice to the COUNTY. In the event of
Page: 2 of 11 Port Ludlow Village Council
termination under this clause, the County shall be liable to pay only for services rendered prior to
the effective date of termination. If termination covers a period for which payment has already been
made, PLVC shall refund to the COUNTY a pro -rated share of the payment based upon the balance
of time remaining in the paid period, unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
PLVC shall indemnify and hold the COUNTY, and its officers, employees, agents and volunteers
(and their marital communities) 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 PLVC's negligence or breach of
an of its obligations under this Agreement; provided that nothing herein shall require PLVC to
indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits
based solely upon the conduct of the COUNTY, its officers, employees, agents and volunteers
(and their marital communities), and; provided further that if the claims or suits are caused by or
result from the concurrent negligence of (a) PLVC's agents or employees; and, (b) the COUNTY,
its officers, employees agents and volunteers (and their marital communities), 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 PLVC's negligence, or the negligence of PLVC's agents or employees.
PLVC specifically assumes potential liability for actions brought against the COUNTY by PLVC's
employees, including all other persons engaged in the performance of any work or service required
of PLVC under this Agreement and, solely for the purpose of this indemnification and defense,
PLVC specifically waives any immunity under the state industrial insurance law, Title 51 RCW.
PLVC recognize that this waiver was specifically entered into pursuant to provisions of RCW
4.24.115 and was subject of mutual negotiation.
SECTION 9: INSURANCE
PLVC shall obtain and keep in force during the term of the Agreement, or as otherwise required,
the following insurance:
A. Commercial General Liability Insurance. PLVC shall maintain commercial general liability
coverage on a form acceptable to Jefferson County Risk Management for bodily injury,
personal injury, and property damage, with a limits of not less than in the amount of at least
$1 million per occurrence, for bodily injury, including death, and property damage.
B. Worker's Compensation (Industrial Insurance). PLVC shall maintain workers' compensation
insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and
shall provide evidence of coverage to Jefferson County Risk Management, upon request.
SECTION 10: INDEPENDENT CONTRACTOR
The PLVC and the COUNTY agree that the PLVC is an independent contractor with respect to
the services provided pursuant to this agreement. Nothing in this agreement shall be considered
to create the relationship of employer and employee between the parties hereto. Neither the
Page: 3 of 11 Port Ludlow Village Council
PLVC nor any employee of the PLVC shall be entitled to any benefits accorded County
employees by virtue of the services provided under this agreement. The COUNTY shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to the PLVC, or any employee, representative, agent or contractor of the
PLVC. The PLVC shall be responsible for all applicable withholdings, deductions, state
industrial insurance, tax reports, business licenses, registrations, and all other obligations of an
independent organization.
SECTION 11: COMPLIANCE WITH LAWS
PLVC shall comply with all Federal, State, and local laws and ordinances applicable to the work
to be done under this Agreement. This Agreement shall be interpreted and construed in accord
with the laws of the State of Washington and venue shall be in Jefferson County, Washington.
SECTION 12: DISCRIMINATION PROHIBITED
PLVC with regard to the project to be completed under this agreement, will not discriminate on
the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin,
honorably 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 PLVC and supersedes all prior negotiations, representations,
or agreements written or oral. This agreement may be amended only by written instrument
signed by both the County and PLVC.
APPROVED and signed this /7—t4day of bOCQri%?r 2022.
JEFFERSON COUNTY
Attest: B ARD O COMMISSIONERSur,
Carolyn Gallaway, CMC Hei i ElsenhoChair
Clerk of the Board
Approved as to Form:
v C December 15, 2022
Philip C. Hunsucker,
Chief Civil Deputy Prosecutor
Port Lud w Village Council
Autho zed Ow
P6't (*�'
V ► pro`'
PL\J C,
Page: 4 of 11 Port Ludlow Village Council
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
1. Itemized List of Proposed Tourism Promotion Services
Organization (or Event) Name: Port Ludlow Village Council
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).
Light Pole Brackets (4) $5,273,22
Vinyl Banners (2) 272.75
Total
$5.545.97
Page: 5 of 11 Port Ludlow Village Council
Exhibit B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28th of each Year
Lodging Tax Reporting Form
Organ zastions rem%,=_ fitading to promote fes•Rvals-, gwul e%-ents and •tc u-ism-related arti-mms through tourismmmlated facilities
owned or sponsored by non-profit organizations or the local juri dicton are required to complete thu form for EACH acavaty.
I Organizmm Name: PPpmn¢g Year:
Tvp'Cbedc One): 501(c)(3) 0 501(cj;6j QLaca: Tatisditvm 0odter svLrin-',
3 Aram Name
Actrm lT Pe (Cbeck OAte,,: 0 EventTes-t%al' Fr i in' 0Mkealar
5 Actratty Start Dare*:
6 Ace m End Bate'-
7 Tara1 Cast of Aftnirr S
8 Ammram:t Requested: $
9 An)o= .kmrde(I S
10 0mxas Attendtace'
a) Projected*
b) Acme-
f} Medaad6ou (Cte:1 Cte i
C)Ditect Count'
tct -a Conant-
Fepasennin a Survev-
IcfonngSim•*
1SutictiredEstimate'
{Other (tz uns):
11 NaaGbet of Arte Aees UTo Traveled 5s) Miley or Nfare*
&,N Pm meted'
b) Accaa:*
f) I►tethodauogl (Check One):
0 Direct Cot=*
Indirect Crum"
0 R.epresemative SurveO
kfomal Smveti-*
0 S=naed EE mate*
CJ Other (esplamt
12 Nuu�i fer of Attendees LL't:o Traveled lam Another State or Carr xr
at pm?et•ted*
bt AccaK-
c) MstbotWogy (Check One) /��*�, -Uect Cau:t*
Cam.. C000r" 4�., Lgresemartve Stave!r,
C) icfo¢mal Starve~ * i 1 Strucnu•ad E- imatE*
Other (eviaia):
ee Lodging Tax Yearh-Reporting Definition; Iu:tructions
`: ace of Iadt:�:.daal Ww ?repired Report:
RE TURD THI � FORM TO:
7ef8er som County A.dmmistrator's Office
1820 Jew -son Street
P.O. Banc 1220
Poet Townsend. WA 98368
jeffbocc �x co.jefferson.isa.us
13 N bet of Anzsdees'%Io Staved O%vzmL& ;n t-uua d Accommodaaoni*
a) proja.�tEd*
b) Arran:'
c) 3de»cb:ae+ i Ctlr O9ei: Dine t CQtmr'
01d¢ect Comer' F.epreserU.,e Storey*
�°)•Ifu� Se.,.- �uc Strtuzed Esomate`
1.1tiexplain):
14 Number of Attendees %10 Stn k Ovemight m paid Accon:ccounons
a Projecied*
b) Acrmi'
c NL-bodO op- (Check One): C Direct Cotaat*
8 mdErett CMM.r' ORAnesentatice Stmey'
nfoeasal Stzmw 0 SaucauEd Esomare*
1:• Number ofP.tad Ladtiry `:izL-
a) projected"
b) Am'
c) Mettxxl ogp (Check Omer: 0 Direct -,atmC
QadirEaCamr" �R�±presectatitieStasey4
0 sal Stm es•• O Sautaued Esdmare'
e c4her):
DE_siDLLti-E: February 28th of Each Reporting Year
Page: 6 of 11 Port Ludlow Village Council
LTAC Yearly Reporting
Definitions/Instructions
Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon)
Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum,
convention center)
Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but
may also operate for less than a full year.
Activity Date: Activity beginning and ending dates.
Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing
activity, enter the number of persons estimated to have actually visited area as result of marketing activity.
Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of
persons expected to visit area as result of marketing activity.
Methodology: Select the methodology used to estimate the actual number of visitors/participants.
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at
entry points, vehicle counts or number of chairs filled. A direct count may also include information collected
directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold,
redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/ participants. A representative
survey is a highly structured data collection tool, based on a defined random sample of participants, and the results
can be reliably projected to the entire population attending an event and includes margin of error and confidence
level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner
that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire
visitor population and provide a limited indicator of attendance because not all participants had an equal chance of
being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For
example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international
building code allowance for persons (3 square feet).
Other: (please describe)
Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity.
Total Attendees Traveling 50 miles or more:
Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For
marketing organizations, report visitors traveling more than 50 miles to visit area.
Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of
visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of
visitors who traveled from another state or country.
Attendees who stayed overnight:
Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such
as hotels, motels, bed and breakfasts, etc.
Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such
as family and friends.
Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons
occupying one room for one night.
Page: 7 of 11 Port Ludlow Village Council
EXHIBIT C Vt QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 1st QTR:
Due by April 301h to afmcknight0co.jefferson.wa.us
2. LTAC funds spent by your organization 1st QTR (include 200 word limit regarding activities and funds spent with
supporting documentation ie: reports outlining LTAC funds,):
3. LTAC funds balance remaining 11t QTR:
4. Please attach your organization's report for all revenue, marketing, services, programs and activities of the prior
quarter.
This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW
Chapter 42.56. A minimum of six years, you must maintain documented proof of payments made, contracts executed
and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice, you must be
able to provide access to County or State representatives to audit those records.
Page: 8 of 11 Port Ludlow Village Council
EXHIBIT C 2nd QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 151 QTR:
Due by July 31s' to afmcknight0co.iefferson.wa.us
LTAC funds spent by your organization 1" QTR (include 200 word limit regarding activities and funds spent with
supporting documentation ie: reports outlining LTAC funds,):
2. LTAC funds balance remaining 15t QTR:
Please attach your organization's report for all revenue, marketing, services, programs and activities of the
prior quarter.
This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW
Chapter 42.56. A minimum of six years, you must maintain documented proof of payments made, contracts executed
and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice, you must be
able to provide access to County or State representatives to audit those records.
Page: 9 of 11 Port Ludlow Village Council
EXHIBIT C 3rd QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 15Y QTR:
Due by October 315t to afmcknighWco.jefferson.wa.us
2. LTAC funds spent by your organization 1" QTR (include 200 word limit regarding activities and funds spent
with supporting documentation ie: reports outlining LTAC funds,):
3. LTAC funds balance remaining 1st QTR:
4. Please attach your organization's report for all revenue, marketing, services, programs and activities of the
prior quarter.
This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW
Chapter 42.56. A minimum of six years, you must maintain documented proof of payments made, contracts executed
and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice, you must be
able to provide access to County or State representatives to audit those records.
Page: 10 of 11 Port Ludlow Village Council
EXHIBIT C 4ch QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County Vt QTR:
Due by January 315Y to afmcknightftco.iefferson wa us
LTAC funds spent by your organization 151 QTR (include 200 word limit regarding activities and funds spent with
supporting documentation ie: reports outlining LTAC funds,):
3. LTAC funds balance remaining 1" QTR:
4. Please attach your organization's report for all revenue, marketing, services, programs and activities of the prior
quarter.
This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW
Chapter 42.56. A minimum of six years, you must maintain documented proof of payments made, contracts executed
and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice, you must be
able to provide access to County or State representatives to audit those records.
Page: 11 of 11 Port Ludlow Village Council
Adiel McKnight
Executive Assistant
Board of County Commissioners
RE: LTAC Contracts for PLVC and PLVC Trails 2023
Dear AdieI,
I have enclosed the executed contracts for the LTAC Grants for PLVC and PLVC Trails 2023.
Would you please direct all communications for either PLVC or PLVC Trails to me
at }: I am responsible as Treasurer for invoicing and disbursing funds. I will keep Larry
Scott and Dave McDearmid (the new President) informed with any updates or questions. Jim Moffit is no
longer servicing as President. He had some difficult family matters that required his attention.
Thanks, a Happy New Year,
l�
Paul
paulsailon aol.com
8172915669
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: December 19, 2022
SUBJECT: AGREEMENT re: 2023 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of $3,500; Port Ludlow Village Council
STATEMENT OF ISSUE:
This agreement provides grant funding for 2023 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 October 28, 2022 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 21, 2022.
FISCAL IMPACT:
Port Ludlow Village Council $3,500
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
Mark Mc ley, County Administrat r Date.
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Ludlow Village Council
Contract For: Lodging Tax
COUNTY DEPARTMENT: county Administrator
Contact Person: Adiel McKnight
Contact Phone: x102
Contact email: afmcknight@co.jefferson.wa.us
AMOUNT: $3,500
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
APPROVAL STEPS:
$3,500
125
12555730/411121
Clear Form
Contract No: LTAC PLVC
Term: January through December 2023
PROCESS
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other:
STEP 1: DEPARTMENT CERTIFIES C I E WITH J 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: FN/A:
Signature i Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. `
t
CERTIFIED: ❑ N/A: .1
! 3��
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/15/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/15/2022.
Pre -approved language.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
AND+._
C)
�S°N oo sjo
December 19, 2022
Port Ludlow Village Council
Jim Moffitt
P.O. Box 65012
Port Ludlow, WA 98365
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District I Heidi Eisenhour, District 2 Greg Brotherton, District 3
Dear Jim Moffitt,
Enclosed for signature are two (2) originals for AGREEMENT re: 2023 Hotel Motel (Lodging
Tax) Grant Funding; In the Amount of $3,500; Port Ludlow Village Council
Please sign both, keep one and return the second to:
Jefferson County Commissioner's Office
Attn: Adiel McKnight
P.O. Box 1220
Port Townsend, WA 98368
• Please remember that on or before April 30; July 31; October 31, 2021 and January 31, 2022
you are required to provide to the County: A quarterly report of the use, services, programs
and activities 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 by February 28th of each year along with Exhibit B attached to
your contract.
• Insurance shall be obtained as outlined in the terms of the Agreement and provide a copy to this
office.
• Payment will be provided upon invoice, subject to the terms of the Agreement
Thank you for your assistance.
Cordially,
Adiel McKnight
Executive Assistant
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us