HomeMy WebLinkAboutWooden Boat Foundation 121922 $35,000 (no ins)AGREEMENT FOR 2023 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
WOODEN BOAT FOUNDATION
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the WOODEN BOAT FOUNDATION (hereinafter known as "WOODEN BOAT.
FESTIVAL").
WHEREAS, the TREAD is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by documenting, preserving and
displaying County heritage for the benefit of its residents and to encourage tourist interest in
Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25;
and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Wooden Boat Festival to promote, operate
and maintain the WOODEN BOAT FESTIVAL as a cultural resource and tourism destination, and
to provide information to tourists and residents about the local area;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The WOODEN BOAT FESTIVAL shall use its capabilities and utilize up to $35,000 of funding
provided under this agreement to continue and update the ongoing performance of the following
tourism promotion services consistent with the Itemized List of Proposed Tourism Promotion
Services and Lodging Tax Budget a copy of which is incorporated herein and attached hereto as
Exhibit A:
1. Marketing and Promotions of the WOODEN BOAT FESTIVAL including:
a. Printing and distribution
b. Social Media Advertising
c. Google ads
d. High School Year Book
e. Radio
f. Staff time
SECTION 2: RESPONSIBILITIES OF THE WOODEN BOAT FESTIVAL
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 WOODEN BOAT
FESTIVAL under this Agreement for the prior quarter;
Page: 1 of 12 Wooden Boat Foundation
• 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) 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, 2023.
5. By February 2811 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 WOODEN BOAT
FESTIVAL.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the WOODEN BOAT FESTIVAL 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 WOODEN BOAT FESTIVAL 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 $35,000 for 2023. Semi-annual payments of $17,500 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.
Page: 2 of 12 Wooden Boat Foundation
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. All activities performed pursuant to this Agreement within its term and prior to
its execution are 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. The
WOODEN BOAT FESTIVAL 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, the WOODEN BOAT FESTIVAL 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
WOODEN BOAT FESTIVAL 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
WOODEN BOAT FESTIVAL's negligence or breach of an of its obligations under this
Agreement; provided that nothing herein shall require WOODEN BOAT FESTIVAL 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) WOODEN BOAT FESTIVAL'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 WOODEN BOAT FESTIVAL's negligence, or the negligence of WOODEN BOAT
FESTIVAL's agents or employees.
Page: 3 of 12 Wooden Boat Foundation
WOODEN BOAT FESTIVAL specifically assumes potential liability for actions brought against
the COUNTY by WOODEN BOAT FESTIVAL's employees, including all other persons engaged
in the performance of any work or service required of WOODEN BOAT FESTIVAL under this
Agreement and, solely for the purpose of this indemnification and defense, WOODEN BOAT
FESTIVAL specifically waives any immunity under the state industrial insurance law, Title 51
RCW. WOODEN BOAT FESTIVAL 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
WOODEN BOAT FESTIVAL shall obtain and keep in force during the term of the Agreement,
or as otherwise required, the following insurance:
A. Commercial General Liability Insurance. WOODEN BOAT FESTIVAL 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). WOODEN BOAT FESTIVAL 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 WOODEN BOAT FESTIVAL and the COUNTY agree that the WOODEN BOAT
FESTIVAL 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 WOODEN BOAT FESTIVAL nor any
employee of the WOODEN BOAT FESTIVAL 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 WOODEN BOAT FESTIVAL, or any employee, representative,
agent or contractor of the WOODEN BOAT FESTIVAL. The WOODEN BOAT FESTIVAL
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 WOODEN BOAT FESTIVAL 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 Wooden Boat Foundation
SECTION 12: DISCRIMINATION PROHIBITED
The WOODEN BOAT FESTIVAL 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 the WOODEN BOAT FESTIVAL 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 WOODEN BOAT FESTIVAL.
APPROVED and signed this /� "day of the a7rn �- , 2022
JEFFERSON COUNTY
Attest: n BO RD OF OMMISSIONERS
Carolyn allaway, CMC eidi Eisenhour, Chair
Clerk of the Board
Approved as to Form: WOODEN BOAT FOUNDATION
{ December 15, 2022 Aff
y Philip C. Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 12 Wooden Boat Foundation
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
Operations & Promotion of Wooden Boat Festival
Total Grant Request $
SECTION ONE
Itemized list of 2023 Proposed Event Expense Budget
iltern
cost
Printing & Distribution of 32,000 Promotional Programs Wong 1-5 corndor from
Victoria B C to Portlard OR from August to mod-Septernber
S20 000
Staff time to write edit, and proof copy kir Promob"ll Programs & Materials
5i5 000
Full -page color promotional ad in 48 North n%*WW4, July August
$1,500
PT Leader - half page res for post -event TY ad
$590.00
PT L"dor - U pop rot
$1 129.50
Summer PDN Visitors Guide - full page
$1600 00
WoodenBoa, magazine full page
$1 50000
Getaway Guide (Leader) - hag page
$1,200-00'
Soc4al Media Advertising
SZ000-00
Goog4e Ads/Digdal Advertising
$1.200,00
High School Year Book
$350.00
48N Full Page - August
$76100
Keep Posted - poster service in stores and restaurants around Seattle and Easbide
$800
UOW public radio underwriting - 14 spots per week, 2 during drive time
$4,170
otal
$51,803
$51,903
Dial roquWed from Jefferson County LTAC
Promotional Programs are distributed via the boating magazine 48North, a weekend issue of
the Peninsula Daily News, placement in stores across the Puget Sound including Sequim and
Port Townsend, as well as sites across the greater Seattle area.
48 North has monthly distribution between 16,5W and 21,500 copies in over 200 locations from
Alaska to California, and Hawaii to Montana, with greatest distribution numbers In Seattle WA,
Portland, OR: and Vancouver. B.C-
Page 6 of 12 Wooden Boat Foundation
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
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Page 7 of 12 Wooden Boat Foundation
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 Wooden Boat Foundation
EXHIBIT C 1 st QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 1st QTR:
Due by April 30th to afmcknightRco.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 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 9 of 12 Wooden Boat Foundation
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 afmcknight0co.jefferson.wa.us
1. 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,):
2. LTAC funds balance remaining 1" 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 Wooden Boat Foundation
EXHIBIT C 3rd QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 15t QTR:
Due by October 31s' to afmcknight0co.jefferson.wa.us
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 11 of 12 Wooden Boat Foundation
EXHIBIT C 4" QUARTER
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 1" QTR:
Due by January 31st to afmcknight0co.jefferson.wa us
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 12 of 12 Wooden Boat Foundation
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 $35,000; The Wooden Boat Festival
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:
The Wooden Boat Festival $35,000
RECOMMENDATION:
Approve and sign the agreement.
Mark McCauje,,, County Administrator
Date:
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: The Wooden Boat Festival
Contract For: Lodging Tax
COUNTY DEPARTMENT: county Administrator
Contact Person: Adiel McKnight
Contact Phone: x102
Contact email: afmcknight@co.jeffersonma.us
AMOUNT: $35,000
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
APPROVAL STEPS:
$35,000
125
12555730/
Clear Form
Contract No: LTAC Wooden Boats
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 LI E WITH C 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: a
Signatur Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED B ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: ti �—
ignature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added el ronically 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. Please fix the typo in Sections 8 & 9: Says
"FESTiFAL" but should be FESTIVAL.
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
w4`SON
December 19, 2022
Wooden Boat Foundation
Jeanne Goussev
431 Water St.
Port Townsend, WA 98368
Dear Jeanne Goussey,
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 $35,000; The Wooden Boat Foundation
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@coJefferson.wa.us