Loading...
HomeMy WebLinkAboutTourism Coordinating Council $295,000 ins. 1.10.24 - 121922J �c q G� �T AGREEMENT FOR 2023 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES TOURISM COORDINATING COUNCIL This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL (hereinafter known as "TCC"). WHEREAS, the TCC is established by the Board of County Commissioners through Resolution No. 78-03 and its members are appointed by Board of County Commissioners; 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 Tourism Coordinating Council to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED The TCC shall use its capabilities and utilize up to $295,000 of funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services, as outlined below: Fulfilling County Ordinance 02-0622-98 year-round, tourism promoter targeting regional and global promotions on behalf of Jefferson County, consistent with the proposed TCC Lodging Tax services and budget, a copy of which is incorporated herein and attached hereto as Exhibit A. 2. Strategically target regional and global tourism promotions on behalf of the entire County. Be the focal point for community involvement, act as a clearinghouse for community organizations, and participate in planning and strategizing for tourism promotion. 3. Coordinate with the City of Port Townsend, State of Washington, United States Government and other public and private agencies in the use of Hotel Motel Tax funds and the promotion of tourism activities. Page: 1 of 11 Tourism Coordinating Council SECTION 2: RESPONSIBILITIES OF THE TOURISM COORDINATING COUNCIL: On or before January 31; 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 marketing, services, programs and activities of the 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. Submit orders and invoices from marketing vendors to the County Administrator's Office for payment by the County out of budgeted funding allocated for TCC activities consistent with this Agreement. 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 retained in the Fund 125 Hotel/Motel fund balance. 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 TCC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the TCC 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 The COUNTY will provide the TCC 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 $295,000 for 2023. Payment is to be predicated on submittal of reports defined in Section 2. Except as provided below in Paragraph 3, payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. Page: 2 of 11 Tourism Coordinating Council 3. The County shall establish a Fund 125 revolving checking account, and the County Administrator's Office may use it to pay time -sensitive orders and invoices for services consistent with this Agreement, and that require payment sooner than a normal County 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. 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 TCC 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. SECTION 8: COMPLIANCE WITH LAWS The TCC 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 9: DISCRIMINATION PROHIBITED The TCC with regard to the services 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. Page: 3 of 11 Tourism Coordinating Council SECTION 10: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the TCC 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 TCC. APPROVED and signed this l04, t —day of c elm-�ae•-� 2-4 Z Z JEF ERSON COUNTY Attest: BO RD OF COMMISSIONERS Carolyn raaway, CMC eidi Eisenhour, Chair Clerk of the Board Approved as to Form: TOURI M COORPINATING COUNCIL December 15, 2022 C Philip C. Hunsucker, Au onzed Official Chief Civil Deputy Prosecutor Page: 4 of 11 Tourism Coordinating Council EXHIBIT A Proposed 2022 Tourism Coordinating Council Lodging Tax Services and Budget Organization for Eveflli' Name, ir""Ivn " L, �YY1jj";Mf1J V-1W1fA In the tofto"wrig space or an a separate sheet of paper please specify each pmposed towISM Pf-Ora 000n. f8c&V event Or aCtivity, including quantities and costs fsee examp;es wtfom a, 4 , of page) T(T Proposod Rudgol 2o2,1 !'-14tf Ad"n4ifts CONW&I %4,OW L*d#!hg LiV Piafe".Wnta41 Go%*&V Quidt.s OA*Ofe.; to wdl in# t'st for A6, map Reption oAttaftw Usp Offef'MIS #M**ww-0qwt-w -n W40 "0000C 4ft4 SOC4*0 M*dws Su Ad Cros" ,: AdvefAii.ing - fire 121,SM llv � 4 Xn 0.4ku- I.. 7-11a �Am Tout %4*0% 31(w atyno'c. Cuisf4q Lo" 9= MY FeMmult Tow ifift Prof uiooaj D". WTA Porpic w,on tee-Afound TUI C&m"41ns uryw V'**Ue C*m0eqns oqn*k Pt"UWA# T00(6m Comm # ptogww icy gi�i 00,1r. sor"Moc 04 an Proftvb4o" Swvkes s4sw co"14wgon Of #A*f* et'rij, 34dger, 0M, 44.9m 'rt*NW, F049W, Up tl- Off:fe Evenses, tic. C00C TWAIL M ft*ftoid Iotah 24KAM C Page 5 of 11 Tourism Coordinating Council Exhibit B Jurisdiction Lodging Tax Reporting Form - To Be Submitted to Jefferson County Administrator's Office No Later than February 28 th of each Year Lodging Tax Reporting Form on—p=arr— Qc &e tor-Allun-AvM" ve ioqmred j cmrvUw*a.: fwmfist EACH amity Ty 1". cte, Amm-, Wme AmM7 Eja L-," eAaWv- A: V; 5AW�- koe"Alfs-al S', vwwPA* ��=w e�41-4r� Ila nvr4W M MifAs nz Mral 0 sww=.d 1:0wn, 72M.:f RE It-F—V TWS FORM M P.0- Box I Pottlo*=axt 7; 1 "148 U N=bv IiAmAw 4ho 'ZI-,-� tpjcnqla m '-�vw Az -, -a-�-mArmja— it; PM&tw bj Avit* t4 %abu il Arft&w; 111o'kv *d 57=4Ex m 9j, p1qxv-4, b) Amif I Sw,-- 0 w=vUver 15 -Nutba e;vd 10 IVj AOU�* 41 DFADLM-, robruary *Sth y[Lach Rep-,Tnag Year Page 6 of 11 Tourism Coordinating 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 Tourism Coordinating Council EXHIBIT C 1 st QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 151 QTR: Due by April 301h to aiittckni&,h t-o.j ff.i. u 2. LTAC funds spent by your organization 15t QTR (include 200 word limit regarding activities and funds spent with supporting documentation ie: reports outlining LTAC funds,): 3. LTAC funds balance remaining 15t 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 Tourism Coordinating Council EXHIBIT C 2nd QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County Vt QTR: Due by July 31st to iitnic tiight(coce,j fff r-soriwalls 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 151 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 Tourism Coordinating Council EXHIBIT C 3" QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 1st QTR: Due by October 31st to LTAC funds spent by your organization Vt QTR (include 200 word limit regarding activities and funds spent with supporting documentation ie: reports outlining LTAC funds,): 3. LTAC funds balance remaining 15t 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 Tourism Coordinating Council EXHIBIT C 41h QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 1st QTR: Due by January 31st to af'mckriigh dC co jcftsQl w u 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 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 11 of 11 Tourism Coordinating Council ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) P01/03/2023 �... / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HISCOX Inc. a✓c No Ell: (888) 202-3007 FAX , No);- 520 Madison Avenue E-MAIL ADDRESS'contacthiscox.com C 32nd Floor New York, New York 10022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B S3 Solutions 2023 E. Sims Way INSURER C #308 INSURER D : INSURER E PORT TOWNSEND, WA 98368 INSURER F COVERAGES CERTIFICATE NUMBER: RFVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR I P100.038.830.5 01/10/2023 01/10/2024 EACH OCCURRENCE $ 1,000,000 - $ 100,000 DAMAGES (RENTED PREMISES Ea occurrence GEN'L X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ S/T Gen. Agg. $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED it _ ,, SCHEDULED AUTOS AUTOS — �— ,. INON-OWNED _. HIRED AUTOS AUTOS L COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Tourism Coordinating Council CERTIFICATE HOLDER CANCELLATION JEFFERSON COUNTY, WA 1820 Jefferson Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Port Townsend, WA 98368 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 $295,000; Tourism Coordinating 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: Tourism Coordinating Council $295,000 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: Date' CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Tourism Coordinating Council Contract For: Lodging Tax COUNTY DEPARTMENT: County Administrator Contact Person: Adiel McKnight Contact Phone: x102 Contact email: atamcknight@co.jefferson.wa.us AMOUNT: $295,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj APPROVAL STEPS: $295,000 125 12555730/411102 Clear Form Contract No: LTAC TCC 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 � � MP E IT CC 3.55.081) AND CHAPTER 42.23 RCW. CERTIFIED: �■ N/A: � ' r - 1 2 Signaturo Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT<-B EN DEBARRED J�Y ANY FEDERAL, STATE, OR LOCAL AGENCY. A CERTIFIED: F N/A: Signature bate 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. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL � i®� �}�i✓j!S SON CO `ram December 19, 2022 Board of County Commissioners 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 Kate Dean, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3 Tourism Coordinating Council Steve Shively 2023 E. Sims Way Suite 308 Port Townsend, WA 98368 Dear Steve Shively, Enclosed for signature are two (2) originals for AGREEMENT re: 2023 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $295,000; Tourism Coordinating 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 28' 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@coJefferson.wa.us