HomeMy WebLinkAboutPeninsula Trails Coalition LTAC Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: I c ✓ . ,2023
SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$12,000; Peninsula Trails Coalition
STATEMENT OF ISSUE:
This agreement provides grant funding for 2024 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 September 19, 2023 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 October 2, 2023.
FISCAL IMPACT:
Peninsula Trails Coalition $12,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
' //0,-;
Mark McCaule , ounty Administrator Date.
AGREEMENT FOR 2024 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
PENINSULA TRAILS COALITION
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and PENINSULA TRAILS COALITION(hereinafter known as "PTC").
WHEREAS, PENINSULA TRAILS COALITION 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 PTC 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 PTC shall use its capabilities and utilize up to $12,000 of funding provided under this
agreement to continue and update the ongoing performance of the tourism promotion services
consistent with the Itemized List of Promotion Services and Lodging Tax Budget, a copy of which
is incorporated herein and attached hereto as Exhibit A.
SECTION 2: RESPONSIBILITIES OF PTC:
1. On or before January 31; April 30; July 31; October 31, 2024; and January 31, 2025,
provide to the COUNTY:
• A quarterly report of the use, services,programs and activities of PTC 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 2024.
2. On or before January 31, 2024 OR upon execution of this agreement, whichever is later,
provide to the COUNTY:
• A billing invoice requesting payment of Hotel-Motel Funding for the current year.
3. For a minimum of six (6) years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
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
Page: 1 of 12 Peninsula Trails Coalition
funding allocated under this Agreement shall be refunded to Jefferson County by January
31, 2025.
5. By February 28th of each year provide the following information on Exhibit A, attached
hereto and incorporated by reference for the previous year.
a. Each festival,event, or tourism facility owned and/or operated by PTC.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not)by PTC 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 PTC shall use its capabilities and utilize up to $12,000 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:
2. Said funding is in the sum of$12,000 for 2024. Payment is 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, 2024 and ending on
December 31, 2024, except for the reports referenced in Section 2, due January 31, 2025 and
February 28, 2025. 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.
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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. PTC 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, PTC 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
PTC 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 PTC's negligence or breach
of an of its obligations under this Agreement; provided that nothing herein shall require PTC 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) PTC'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 PTC's negligence, or the negligence of PTC's agents or employees.
PTC specifically assumes potential liability for actions brought against the COUNTY by PTC's
employees, including all other persons engaged in the performance of any work or service
required of PTC under this Agreement and, solely for the purpose of this indemnification and
defense, PTC specifically waives any immunity under the state industrial insurance law, Title 51
RCW. PTC 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
PTC shall obtain and keep in force during the term of the Agreement, or as otherwise required,
the following insurance:
Page: 3 of 12 Peninsula Trails Coalition
A. Commercial General Liability Insurance. PTC 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). PTC 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 PTC and the COUNTY agree that the PTC 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 PTC nor
any employee of the PTC 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 PTC, or any employee, representative, agent or contractor of the PTC. The PTC 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
PTC 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
PTC 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 Peninsula Trails Coalition
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and PTC 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 PTC.
APPROVED and signed this day of , 2023.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway,CMC Greg Brotherton, Chair
Clerk of the Board
Approved as to Form: PENINSULA TRAILS COALITION
- 4- 10/18 023
Philip C. Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 12 Peninsula Trails Coalition
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services
1. Itemized List of Proposed Tourism Promotion Services
ls
Organization (or Event) Name Peninsula Trai Coalition
In the following space or on a separate sheet of paper, please specify each proposed tourism
promotion. facility event or activity including quantities and costs(see examples at bottom of page)
Itemized List of Proposed Tourism Promotion Services
A Hall Baetz Viewpoint
Electrical Services $7.000
Site Safety (Fencing signage etc.) $5,000
B. Trail Ambassador Program
Ambassador Salary- 12 his/week $6,000
Program Management $5,400
Supplies and Equipment $600
C.Jefferson County ODT Maps and Brochures $6.000
Total $30.000
Page: 6 of 12 Peninsula Trails Coalition
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
Organizations receiving fonclinE to promote fe teals,special event and touti:m-related activities through ttnutsm-related facilities
owned or sponsored by ton-profit organizations or the local*tail- are required to complete this form.for EACH activity.
1 Organization Name Repntir g Year.
2 Sponsor Type(Check One): r 01(c1:(3) 05C1ic;(E, 0 Local Jurisdiction 0 Met(Explain):
3 ActtvityName
4 Activity Type(Check One): 0 Event Festival* 0 Fadbrv* 0 Made g*
5 Activity Start Date*:
5 Activity End Date*
7 Total Cost of Actives $
8 Amount Requeseed: S
9 Amour Awarded S
10 Overall Attendance 13 Number of Attendees Who Staved Ovetnigtr m Unpaid Accommodations*
a) Projected* a) Purl *
b) Actual* b) Actual*
c) Drfediodoiogy(Check One): ()Detect COn.r* C) Me1hOdoiOn"(Check One): 0 Direct Cote*
Indirect Cow* ►Representative Slaver 0 nut rect Carat• QRepreectaave Survey*
8Informal Survey 0 Strucnued Estimate* 0 Ifonnal Supef"' 0 Suirrutel En-rinaaa*
Other(explain): °Gibesis
11 Number of Attendees WIG Traveled 50 2•41104 or Mare* 14 Number of Arnendeev Who Staved Ovv m?hr:h Paid Accanntiodations*
a) Projected* a) Projected*
b) Actual* b) Actual*
c) Methodology(Check Ore): (3 Direct Cams' c) Methodology(Y7s+rk One:): 0 Direct Ceseu
8 Indirect Chum* 0 Repsesentaave Survey 0 Indirect Count* °Represetative Survey*
Infannal Survey* 0;nurtured Esnmate* 0 Infomrai Survey* 0 Stunned Estimate*
0 Other(explain): 0 Other(erplaint
12 Number of Attendees W'ho Tray.)wi from Another State or Country* 15:Member of Paid I niw;*IF t glin
a) Projected* a) Projected*
b) Aaua1* b) Actual*
c) Methodology(chock One): 0 Direct Cowl• c) Methodology(Check One): Direct C'omt*
�, to ,�.*�yy
()Indirect Count* ORepresemaure Survey* 0 Indirect Comet* ()Representative Slaver*
()Informal Survey* OSuucuredEminute* 0 nfixrrtl Sest'eT° 0 Strucrned F; r,raaa•
()Other(explain): 0 Ot (explain):
*See Lodging Tax Yearly Reporting Definitions Instructions
Name of Individual Who Prepared Report
Phone=: E-Mail Addresv
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 Jefferson Street
P.O.Box 1220
Port Townsend,WA 98368
jeffbocc+d)co.jefferson.wa.ns
DE_ADLLNE:February 29th of Each Report:Mg Year
Page: 7 of 12 Peninsula Trails Coalition
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 Peninsula Trails Coalition
EXHIBIT C 1st QUARTER Due by April 30th to afmcknightPco.jefferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 1st QTR:
ORGANIZATION Amount Received Overspent Refund TOTAL lst
Awarded From (+) Required QTR
by JeffCo JeffCo
turnUnderspent LTAC
(-)of LTAC FUNDS
funds SPENT
2. LTAC funds spent by your organization 1'QTR (include 200 word limit regarding activities and funds spent
with an itemized statement and supporting documentation ie: invoices paid, receipts from payment,):
3. LTAC funds balance remaining 1"QTR:
4. Please attach your organization's report for all revenue, marketing, services, programs and activities of the
prior quarter.
This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW
Chapter 42.56.A minimum of six years,you must maintain documented proof of payments made, contracts
executed and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice,
you must be able to provide access to County or State representatives to audit those records.
Page: 9 of 12 Peninsula Trails Coalition
EXHIBIT C 2nd QUARTER Due by July 31st to afmcknightt co.jefferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 2nd QTR:
ORGANIZATION Total Total Overspent Refund TOTAL TOTAL 2nd
Amount Received (+) Required 1st QTR QTR
Awarded From Underspent LTAC LTAC
by JeffCo JeffCo (-)of LTAC FUNDS FUNDS
funds SPENT SPENT
2. LTAC funds spent by your organization 2nd QTR (include 200 word limit regarding activities and funds spent
with an itemized statement and supporting documentation ie: invoices paid, receipts from payment,):
1. LTAC funds balance remaining 2"d QTR:
2. 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 Peninsula Trails Coalition
EXHIBIT C 3rd QUARTER Due by October 31St to afmcknight@co.jefferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 3rd QTR:
ORGANIZATION Total Total Overspent Refund TOTAL TOTAL 2nd TOTAL
Amount Received (+) Required 1st QTR QTR 3rd QTR
Awarded From Underspent LTAC LTAC LTAC
by JeffCo JeffCo (-)of LTAC FUNDS FUNDS FUNDS
funds SPENT SPENT SPENT
2. LTAC funds spent by your organization 3'd QTR (include 200 word limit regarding activities and funds
spent with an itemized statement and supporting documentation ie: invoices paid, receipts from payment,):
2. LTAC funds balance remaining 3rd 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: 11 of 12 Peninsula Trails Coalition
EXHIBIT C 4th QUARTER Due by January 31"to afmcknight@co.jefferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 4th QTR:
ORGANIZATION Total Total Overspent Refund TOTAL TOTAL TOTAL TOTAL
Amount Received (+) Required 1't QTR 2nd QTR 3rd QTR 4`''QTR
Awarded From Underspent LTAC LTAC LTAC LTAC
by JeffCo JeffCo (-)of LTAC FUNDS FUNDS FUNDS FUNDS
funds SPENT SPENT SPENT SPENT
2. LTAC funds spent by your organization 4th QTR (include 200 word limit regarding activities and funds spent
with an itemized statement and supporting documentation ie: invoices paid, receipts from payment,):
3. LTAC funds balance remaining 4th 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 Peninsula Trails Coalition