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HomeMy WebLinkAboutProduction Alliance $80,000 121922M.I VA r 47 kF -)c.,?_� AGREEMENT FOR 2023 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES THE PRODUCTION ALLIANCE — 2023 SEASON OF EVENTS This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and THE PRODUCTION ALLIANCE — 2023 SEASON OF EVENTS (hereinafter known as "TPA"). WHEREAS, The Production Alliance is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by TPA to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED TPA shall use its capabilities and utilize the funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services, as outlined below: 1. TPA shall use its capabilities and utilize up to $80,000 of funding provided under this agreement to promote Jefferson County Events, restricted to any of the promotional expense items identified as "LTAC" in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. • Website Development & Design • Videography & Photography • Marketing & Advertising • Graphic Design & Printing • Administration of Tourism Events • Event Equipment • Entertainment Displays SECTION 2: RESPONSIBILITIES OF THE PRODUCTION ALLIANCE: 1. 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 TPA for the prior quarter under this Agreement; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement for all 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 first half of the current year. Page: 1 of 14 The Production Alliance — 2023 Season of Events 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 Hotel/Motel Fund. Any monies under -expended of the total funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2024. 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 TPA. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by TPA on each festival, event or tourism facility. c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist" includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or commercial campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY The COUNTY will provide TPA funding from Hotel -Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. 2. Said funding is in the sum of $80,000 for 2023. Quarterly payments of $20,000 will be made, beginning with the first 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. 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. Page: 2 of 14 The Production Alliance — 2023 Season of Events SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. TPA may terminate this Agreement upon thirty (30) days written notice to the COUNTY. In the event of termination under this clause, the County shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, TPA shall refund to the COUNTY a pro -rated share of the payment based upon the balance of time remaining in the paid period, unless otherwise negotiated. SECTION 8: HOLD HARMLESS TPA shall indemnify and hold the COUNTY, and its officers, employees, 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 TPA's negligence or breach of an of its obligations under this Agreement; provided that nothing herein shall require TPA to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its officers, employees, 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) TPA'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 TPA's negligence, or the negligence of TPA's agents or employees. TPA specifically assumes potential liability for actions brought against the COUNTY by TPA's employees, including all other persons engaged in the performance of any work or service required of TPA under this Agreement and, solely for the purpose of this indemnification and defense, TPA specifically waives any immunity under the state industrial insurance law, Title 51 RCW. TPA 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 TPA shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance: A. Commercial General Liability Insurance. TPA 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). TPA 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. Page: 3 of 14 The Production Alliance — 2023 Season of Events SECTION 10: INDEPENDENT CONTRACTOR TPA and the COUNTY agree that TPA is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither TPA nor any employee of TPA shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to TPA, or any employee, representative, agent or contractor of TPA. TPA shall be responsible for all applicable withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations, and all other obligations of an independent organization. SECTION 11: COMPLIANCE WITH LAWS TPA shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. SECTION 12: DISCRIMINATION PROHIBITED TPA with regard to the project to be completed under this agreement, will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies, contractors or subcontractors. SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and TPA and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and TPA. APPROVED and signed this 1 1-day of ()eke wJ-)e,#- , 2022. JEFFERSON COUNTY Attest: Zeii D OF COMMISSIONERS Carolyn dallaway, CMC isenhour, Chair Clerk of the Board Approved as to Form: THE PRODUCTION ALLIANCE j�December 15, 2022 Philip C. Hunsucker, Authorie d Official Chief Civil Deputy Prosecutor Page: 4 of 14 The Production Alliance — 2023 Season of Events EXHIBIT A Itemized List of Proposed Tourism Promotion Services I. Itemized List of Proposed Tourism Promotion Services: Website Development & Mmign S20,000 Videogruphy & Photography $20,000 Marketing & Advertising S20,000 Graphic Design & Printing S15,000 Administration of'Faurism Events S20.000 Event Equipment $3.000 Entertainment Displays* S110.000 Total LTAC Ft &AW Expenditures $112%w Websitt Development & Design • Rcicaw_ of user -managed profiles for Ycridors4rtists/entrepmricurs, %al ov- added includes case of manageability. customization and increased crass traffic to user websites and social media profiles • Improved database and server backups with enhaiwed anal% tic tools to track % isitor demographics • Improved plug -ins for management and diVlaN oftnulurnedia, libraries • L x1ensive debugging, testing. and opt im i/at ions 2022LTACA*wrd. WAN MD Expewhiums 5 10. 000 + SJ. 000 In -kind Sponsorship Highlights: • Customized CMS • Improved SEO and ranking in organic searches • Improved UX including navigation and site responsiveness • Site optimized for improved mobile UX • Error and activity logs to aid in rapid debugging • Overhaul and build out of infrastructure to support: I jwr pn,)ti les Volunteer recruitment and retainment o Tent-acity reservations system ,j Codebase accessibility Videography & Pbotogmphy • Videographas and photographers collect content throughout TPA Season or Events, assignments specific to content creation for websile, prinVdigital advertising. YouTubc and social media • Development of 30- to Wsecond teaser reels and 60- u) I 80-second videos with comprehensive event information for promotion on webske. YbuTube and social media Page: 5 of 14 The Production Alliance — 2023 Season of Events 2022 LTACAward; S15,000 YTD Expenditures: S14.800 HWIghts: • High -quality and resolution media library for print and digital marketing • OP Apple & Cider promotional video • Entergency Preparedness public education videos • Field Day at Fort Wordcn promotional video 2021 content edited into 5- to 30-second teaser reels for promotions Marketing & A d% e rtisi ng Fn gage services of, o Social media content creatormanager to develop a strategic plan to increase social media engagement, drive traffic to website, and increase impressions click -through rate Seattle- and Portland -based and PR consultants to wure paid and earned media oMmAunities along 1-5 corridor Local marketing coordinators to enhance visitor experience, community engagement, and data collection • Targeted digital advertising on: o Facebook, Instagram, YouTubc o Google AdWords o WSDOT Ferries, o Major metropolitan news sites o Popular arts. culture, and travel blogs • 'fargeted print advertising in. 0 Strait Up mapAnc 0 PT & X Leader Getaway Guide o PDN Olympic Peninsula Visitor Guides (2) o Banners & Signaigi: along Highway 19, 20. 101 and 104 0 Postering in major metropolitan areas along 1-5 corridor 2022 LTACAivard. S26,09 YTI) EWnditures: S2' -04 , S 71500 In -Kind Higidightv- Increased brand a%% arencss through onsite, print and digital marketing, including pronx4ion o1'kffcrson County, evenWfestival and other tourist attractions • Improved "ems for capturing of visitation data • Enhanced visitor experietwe through engagement with skilled "front of house" consultants Graphic Dalga & Printing • Visual artist commissions • Graphic design tbu, ,j Welisite o Social media • Bulk mail marketing • Event brochures • Posters Flycrs and handbills tor Street Team Banners and signagc Merchandise • Printing& Distribution 2022 L TAC Award.- S 18,M0 ITI),Erlwaditures: $10,474 Highlights_ * See attached work samples. Administration & Toorism Event Operations • Logistical support roles in partner c%ents • Management of Fiscal sponsors and financial reporting • (Wice and storage rental fees • Permitting. licensing, event insurance • Consultant and vendor management • Recruitment and training of event staff and volunteers 2022 LIACAlwarik $15yM# ITD Expendoiwrs: $40.703 BighfightV • I -yew lease of storage unit for TPA equipment and 24* cargo trailer • Consultation with Clarity Enterprises Inc for review of hem practices regarding financial management and reporting. L&I for volunteers and compensated workers • Special event permits to City of Fr. Jefferson County. W$LCB • Compensation for consultants overseeing TPA administration. fundraising and aperatioiis • Homed Traffic Safety 'Training Course for TPA su IT and % oluntem in partnership with Pon Townsend Policr Department Event Fquipmest 0 Ongoing maintenance and repair of TPA equipment and assets including the purchase andlor rental of took and construction materials Page: 7 of 14 The Production Alliance — 2023 Season of Events 2022 L TACAward. S5.00 YTD Expendowes., $11269 Highlightv I O'x I O'Easy-Up Event Tems (4) • Build out of event equipment storage unit and 24"equipment trailer ♦ External harddrive for multi -media library storage and backups ♦ Tools specific to long-term maintenance of tents and to enhance TPA's ability to support cv=b with Traffic Safety & Parking management services • Projector to support growing demand for outdoor movies and leverage the donation of cinema screens and miscellaneous equipment from Centrum Foundation • Square terminals (2) to improve user experience at points of sale and secure additit�-)nal visitor data through credit cud sales reports Entertainment Displays • Research and retainment ofmpuiable PNW-based companies to enhance TPA's event season with large displays and spectacles for community enjoyment such as fireworlm drone light shows, and more NOTF: With long-timc team members and volunteer Dr. David Chu1jian officially retiring as a pyrotechnician, TPA has engaged other event professionals to identify new and exciting alternatives to fireworks that invest LTAC funds regionally rather than internationally and provide all -ages entertainment widiout the incurred risk of fire and ample solid waste. Initial research conducted with the help of lighting and rigging professional led Krysinski, places drone I ight shows at a base fee of $10,000+. In partnership with Fort Wordcn Hospitality. TPA will approach the City of Port Townsend and the businesses community to match funding made available b} Jefferson County LTAC. *Exerurinn of divplWs) depen&nt on funding. 2022 LTACAwwV. $9 M F-Ypendit ums: $ 3, ON Higidights: 0 30 min laser light show with music Page: 8 of 14 The Production Alliance - 2023 Season of Events