Loading...
HomeMy WebLinkAboutNorth Hood Canal Chamber of Commerce re: 2023 LTAC Funding - 121922I AGREEMENT FOR 2023 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES NORTH HOOD CANAL CHAMBER OF COMMERCE AND VISITOR CENTER This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the NORTH HOOD CANAL CHAMBER OF COMMERCE (hereinafter known as "NHCCC"). WHEREAS, the NHCCC is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism by providing information to guests, support and staff to information centers in unincorporated Jefferson County, as well as workshops, conferences and materials to enhance productivity of visitor information centers in the promotion of the tourism industry, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by the North Hood Canal Chamber of Commerce to operate visitor centers in Quilcene and Brinnon, IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED The NHCCC shall use its capabilities and utilize up to $62,000 of funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services, as outlined below: Be responsible for the daily operation and continuation of the Quilcene Visitor's Center, the Brinnon Visitor's Center and the Brinnon Community Center, consistent with the Itemized List of Proposed Tourism Promotion Services and NHCCC Lodging Tax budget, a copy of which are incorporated herein and attached hereto as Exhibit A. SECTION 2: RESPONSIBILITIES OF THE NORTH HOOD CANAL CHAMBER OF COMMERCE 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 use, services, programs and activities of the NHCCC under this Agreement for the prior quarter; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement for all 2023. Page: 1 of 12 North Hood Canal Chamber of Commerce 2. On or before January 31, 2023 (OR upon execution of this agreement, whichever is later) and July 31, 2023, provide to the COUNTY: • A billing statement requesting payment of Hotel -Motel Funding for the current half year. 3. For a minimum of six (6) years, maintain documented proof of payments made, contracts executed, and other expenditures authorized under this Agreement. Upon reasonable notice, provide access to County or State representatives to audit those records. 4. Funding provided by this Agreement may only be expended on the services described in Section 1 of this Agreement. Any monies used for other services or purposes shall be refunded to Jefferson County. Any monies under -expended of the total funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2024. By February 281h of each year provide the following information on Exhibit B, attached hereto and incorporated by reference for the previous year. a. Each festival, event, or tourism facility owned and/or operated by NHCCC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by the NHCCC on each festival, event or tourism facility. c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist" includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or commercial campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY 1. The COUNTY will provide the NHCCC funding from Hotel -Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. 2. Said funding is in the sum of $62,000 for 2023. Semi-annual payments of $31,000 will be made in the first and third quarter of 2023. 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, 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. Page: 2 of 12 North Hood Canal Chamber of Commerce SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. The NHCCC may terminate this Agreement upon thirty (30) days written notice to the COUNTY. In the event of termination under this clause, the County shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, NHCCC shall refund to the COUNTY a pro -rated share of the payment based upon the balance of time remaining in the paid period, unless otherwise negotiated. SECTION 8: HOLD HARMLESS NHCCC 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 NHCCC's negligence or breach of an of its obligations under this Agreement; provided that nothing herein shall require NHCCC to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its officers, employees, 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) NHCCC'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 NHCCC's negligence, or the negligence of NHCCC's agents or employees. NHCCC specifically assumes potential liability for actions brought against the COUNTY by NHCCC's employees, including all other persons engaged in the performance of any work or service required of NHCCC under this Agreement and, solely for the purpose of this indemnification and defense, NHCCC specifically waives any immunity under the state industrial insurance law, Title 51 RCW. NHCCC 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 NHCCC shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance: Page: 3 of 12 North Hood Canal Chamber of Commerce A. Commercial General Liability Insurance. NHCCC 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). NHCCC 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 NHCCC and the COUNTY agree that the NHCCC is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the NHCCC nor any employee of the NHCCC shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the NHCCC, or any employee, representative, agent or contractor of the NHCCC. The NHCCC shall be responsible for all applicable withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations, and all other obligations of an independent organization. SECTION 11: COMPLIANCE WITH LAWS The NHCCC shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. SECTION 12: DISCRIMINATION PROHIBITED The NHCCC with regard to the project to be completed under this agreement, will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies, contractors or subcontractors. Page: 4 of 12 North Hood Canal Chamber of Commerce SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and the NHCCC and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and the NHCCC. APPROVED and signed this % ► " day of 2022. Attest: Q Carolyn tallaway, CMC� Clerk of the Board Approved as to Form: .. December 15, 2022 Philip C. Hunsucker, Chief Civil Deputy Prosecutor JEFFERSON COUNTY B RD OF COMMISSIONERS "eiEiour, Char NORTH HOOD CANAL CHAMBER Authorized Official Page: 5 of 12 North Hood Canal Chamber of Commerce EXHIBIT A 1. Itemized List of Proposed Tourism Promotion Services Organ (or Event) Name: North Flood Canal Chamberof Commerce In fife lbHowing, space or on a separate stoeet of r' spay each MposW tourism promotion, facility event or activitlr, inC o*V quartti#ts and c (sse examples at bottom of~). Payroll for Visitor Center staff, including holiday bonuses, sick pay, payroll taxes and a 25% payroll reserve: $6t,1,932.41, Recruiting and retaining staff who know about and promote our area is crucial For our operation. Because all our staff must be approved by the Forest Service and are required to perform to the same level as employees in the USFS Ranger Station, we attempt to pay at similar levels. All our employees are part time, we offer no other benefits except For a 2.5% Holiday Bonus and State mandated Sick Pay. All wages under this contract go to front-line staff who work directly with the traveling pubic, +Consister►t with our previous pracbm, any unspent LTAC Funds will be returned to the Couxnty after year end. VW provide Front desk gage of 2 paid receptionists at the Quilcene Visitor Center located in the Quilcene Ranger Station on weekends and holidays throughout the yew, V* have also buffeted a few hours a month for staff to work on the social media pages and the event page from home. This will help ensure that local events are posted without delay. We staff the Brinnon Visitor Center in the Brinn on Community Center with 1 paid receptionist on weekends and holdays throughout the year. Telephone, intemet and : $2,075.01 For assisting people who are not here in person by phone and e-mail, sending off lodging mid event information, and wanking on our website and social media account, all of which promote our area, Insurance: $2,1t Office expenses and supplies: M Accounting Fees: $1500 For fees associated with payroll through Quickbooks. We budgeted $5 for interest earned on our account. Here's a breakdown without all that excess text: Payroll and taxes: $60,932.41 Communication: $2,075.01 Insurance and travel: $3,000 Accounting and supplies: $1,500 Those should total: $66,807.42 Interest: -$5.00 Final total: $66,802.42 Page 6 of 12 North Hood Canal Chamber of Commerce Exhibit B Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson County Administrator's Office No Later than February 28th of each Year Lodging Tax Reporting Form O.---amza no m, recevirz 6m&ug to promote k=vah. �, -La I events. and towi=-related acti-,ifie-. tkough tour i-=-ie I a ted f a c�ines omen or sponsored by non-profit organization; or the local jury-Awtion are required to complete tbjform for EACH acmity I Ctpam6x, Name: FAX=-f Yew, 2 Sp— Type (Cleck One): 0 ; �ov,cp) 0 501(cX,6,', 0 L.,c iwr.&cnm 00eATsvUm,): 3 Arbity Nam 4 &dnty TM* (Check Ori -=L, 5 Activity Start Date': 6 ArMN End Care* 7T4WCost 0fAjCMVV S 9 Amow Requested: S 9 AnamAwatded: S 10 overa.ArteeadAnce, A) Prq,"Med* b) Arena? c) MAzy (Check One) 0--Imcr Cm=* 01adiracrCount * 01df4ML.1a sm-ey* 0 A==-11 EldmazO 001ber �zgmlain ,': It Nun�ber ofArtmdes %lo Traveled'! Miles o-Mon. 8) Pm.%--cied* W) Av7i-0 0 XebA3kzN,(C1L----k0r&j, 0 --araft coua* ladiract coact, 0R,!Prewwrwe,,WTL,- khrrual Survey, S,==ed E Azuate 0 06ff (MT11w: 12 Number ofAtteadeei V.10 Traveled 5ram.Awthar Sucre a oa-ty' a) pwyecled- b) Arma? c) Mebodokzy (Check One; 0 Direct Cow* 0 Id.., Coact- ORV--Awdve BkMl SUW. O'A..--d E nw, Repo"ing Defiva6ia-, Iwaucries-, Lodging Tax V#arb =e E-V.91.Addreu: RMILN THIS FORM TO� Jeflesson Couav AdmimstratoEes Office, 18210 jeffeawn Street P.O. Box 1220 Port TownseraL W jeffbowd,le0jeffn U, Number af.Arvmdees V.1w 'auved Ckercught m,rp&,d.4-emmadaa=* J,, projecled* b,t AcrwC* C.Nice tCheck Cue): 0 Diro-cr Zo=* okittrea Comer' C)Rex...d,e Survey. Ostrucrured Es=Ue. 14 X=ber of Atteadees VbD Staved Dva-;: m RmdALccwm-*odirA=' prG*%d* b) AcrW C) cirect Cortez' 8.k,�FeqrTiffnadve slnev* C) othff U Nimiber ed Rud Lodpaaf N L#n g ptcqenpc- Vj Ar,,:- cl MMbadD�op- 'Check One): -,jre-t �,Mxv- 0 idirea Cow, oRewesmtarwe Sunes () kt..j S..- os.,,,� Ei..- IF) ot, U evbw DEADLENE. February Z'Sth of Each Repornn-, Year coo Page 7 of 12 North Hood Canal Chamber of Commerce LTAC Yearly Reporting Definitions/Instructions Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon) Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention center) Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but may also operate for less than a full year. Activity Date: Activity beginning and ending dates. Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter the number of persons estimated to have actually visited area as result of marketing activity. Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of persons expected to visit area as result of marketing activity. Methodology: Select the methodology used to estimate the actual number of visitors/participants. Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/ participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). Other: (please describe) Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity. Total Attendees Traveling 50 miles or more: Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For marketing organizations, report visitors traveling more than 50 miles to visit area. Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of visitors who traveled from another state or country. Attendees who stayed overnight: Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such as hotels, motels, bed and breakfasts, etc. Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such as family and friends. Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons occupying one room for one night. Page 8 of 12 North Hood Canal Chamber of Commerce EXHIBIT C 1 st QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 111 QTR: Due by April 30th to afmckni hg tgco.jeffersonma.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 111 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 9 of 12 North Hood Canal Chamber of Commerce EXHIBIT C 2nd QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 11 QTR: Due by July 31s1to afmcknight@cojefferson.wa.us 1. LTAC funds spent by your organization 15L QTR (include 200 word limit regarding activities and funds spent with supporting documentation ie: reports outlining LTAC funds,): 2. LTAC funds balance remaining 15L QTR: 3. 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 12 North Hood Canal Chamber of Commerce EXHIBIT C 3rd QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County VL QTR: Due by October 31St to afmcknighWco�jefferson.wa.us 2. 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 15L 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 12 North Hood Canal Chamber of Commerce EXHIBIT C 41h QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 15` QTR: Due by January 3111 to afmcknightPco^jefferson.wa.us LTAC funds spent by your organization 15L QTR (include 200 word limit regarding activities and funds spent with supporting documentation ie: reports outlining LTAC funds,): 3. LTAC funds balance remaining Vt 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 12 of 12 North Hood Canal Chamber of Commerce 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 $62,000; North Hood Canal Chamber of Commerce 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: North Hood Canal Chamber of Commerce $62,000 RECOMMENDATION: Approve and sign the agreement. ' Ks1 Z Z- Da e: CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: North Hood Canal Chamber of Commerce Contract No: LTAC NHCCC Contract For: Lodging Tax Term: January through December 2023 COUNTY DEPARTMENT: County Administrator Contact Person: Adiel McKnight Contact Phone: x102 Contact email: afmcknight@co.jefferson.wa.us AMOUNT: $62,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES OMPL CE W TH J 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: � ( - ignature 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. CERTIFIED: ❑ N/A: C Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): $62,000 125 12555730/411106 PROCESS: Electronically approved by Risk Management on 12/15/2022. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through LaserGche): Electronically approved as to form by PAO on 12/15/2022. Pre -approved language. 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 o� col 4 _p 4`sON co `Sfo ��II NG1� December 19, 2022 North Hood Canal Chamber Stacey Nimmo P.O. Box 774 Quilcene, WA 98376 Dear Stacey Nimmo, 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 Enclosed for signature are two (2) originals for AGREEMENT re: 2023 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $62,000; North Hood Canal Chamber of Commerce 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