HomeMy WebLinkAboutNorth Hood Canal Chamber of Commerce LTAC Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
•
DATE: Caddo' 3-3 , 2023
SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$55,000; North Hood Canal Chamber of Commerce
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:
North Hood Canal Chamber of Commerce $55,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
/4/.
07>51i 3
Mark McCaul y, ounty Administrator Date.
AGREEMENT FOR 2024 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 $55,000 of funding provided under this
agreement to continue and update the ongoing performance of the following tourism promotion
services, as outlined below:
1. Be responsible for the weekend and holiday operations of the Quilcene Visitor's Center,
the Brinnon Visitor's Center, and the Brinnon Community Center with receptionist,
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
1. On or before January 31; April 30;July 31; October 31, 2024; and January 31, 2025,
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 2024.
Page: 1 of 12 North Hood Canal Chamber of Commerce
2. On or before January 31, 2024 (OR upon execution of this agreement,whichever is later)
and July 31, 2024,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.
5. By February 28th of each year provide the following information on Exhibit B, attached
hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by 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$55,000 for 2024. Semi-annual payments of$27,500 will be
made in the first and third quarter of 2024. 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, 2024 and ending on
December 31, 2024, except for the reports referenced in Section 2, due January 31, 2025 and
February 28,2025.
Page: 2 of 12 North Hood Canal Chamber of Commerce
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
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.
it
Page: 3 of 12 North Hood Canal Chamber of Commerce
SECTION 9: INSURANCE
NHCCC shall obtain and keep in force during the term of the Agreement, or as otherwise required,
the following insurance:
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 , 2023.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway, CMC Greg Brotherton,Chair
Clerk of the Board
Approved as to Form: NORTH HOOD CANAL CHAMBER
C 10/18/2023
Philip C. Hunsucker. Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 12 North Hood Canal Chamber of Commerce
EXHIBIT A
Organization (or Event) Name: North Hood Canal Charnbe of Commerce
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)
Payroll for Visitor Center staff, including holiday bonuses, sick pay, payroll taxes and a 25% payroll
reserve S70,514.26
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
levels as federal employees in the USFS Ranger Station, we attempt to pay at similar levels. AN 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 public. Consistent with our previous practice, any unspent LTAC Funds will be returned to the
County after year end,
We provide front desk coverage of 2 paid receptionists at the Quilcene Visitor Center located in the
Quilcene Ranger Station on weekends and holidays throughout the year. We have also budgeted 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 Btinnon
Community Center with 1 paid receptionist on weekends and holidays throughout the year.
Telephone, Internet and postage: $2,100.00
For assisting people who are not here in person by phone and e-mail. sending off lodging and event
information, and working on our website and social media account, all of which promote our area.
Insurance S 1.800
Office expenses and supplies $150
Accounting Fees. $1,500
For fees associated with payroll through Quickbooks.
Advertising and promotion: 5200
We are sponsors of Hood Canal FjordFest and the Quilcene Fair,
We budgeted 53 for interest earned on our account.
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
Organizations receiving failing to promote festivals,special events and tourism-related activities through tourism-related facilities
owned or sponsored by non-profit organizations or the local juzisdiction are required to complete this form for EACH activity.
1 Organization Name: Reporting Year
2 Spousix Type(Check Ore'y 0 501(c(3) 0 501(cX6) 0 Local Parisclichaa 0 Other(Expain):
3 ActiviryNaror
4 Activity 1)pe(Check One): 0 EvenTestival* 0 Facility' 0 Marketing*
5 Activity Start Date*:
6 Activity End Date*:
7 Total Cost of Aitivity. S
8 Au a=Requesmi S
9 Amount Awanied: S
10 Overall Attendance* 13 Number of Attendees Who Suyed OveMehr ni Urpasd AcccamaxLvions*
a) Projected* a) Projected*
b) Actual* b) Actual*
c) Methodology(Check One). ()Direct Count* c) Methodology iChmk One): 0 Direct=acme
°Indirect Cotme °Representative Surveys 0Inititect Coact* 0Reptmeartive Survey' 1
I
0Infinmal Surthy* °Structured Enknate* O.-Tiff...m*1 Stave y• 0 Structured Estimate*
°Other(explain): 00ther(explain):
11 Number of Amendees W'ho Traveled 50 Miles or More* 14 Number of Attendees Who Stayed Orin:night m Paid Accommodations*
a) Projected* a) Projected*
b) Actual* b) Actual'
c) Methodology(Check One): 0 Direct Dame c) Metiodolag(Check One): 0 Direct Came
8 Indirect Count* 0 Rmresertative Survey*Trfnrtnal Survey* 0 Structured Ealmare* 0 lidirect Count" Representative sins '*
0 Ithrthal Survey" Structured Estimate*
0 Other(explain): 0 Other(explain):
12 Number cd Attendees Who Trawled him Another State or Ciao'tri* 15 Number of Paid J ndeirm nein*
a) Projected' a) Projected*
b) Actual' b) Actual*
c) Methodology(Check One) 0 Direct Cmirt• c), Methodology(Check One): 0 Direct Came
0 Indirect Count" ORemesentative Survey' 0 Indirect Count* ORepresemathe Survey*
0 Informal Survey* 0 Smuctured Entmare* °informal Slaver 0 Structured Estimate*
Odder(explain): 0 Other(explain):
*See Lodging Tax Yearly Reporting Definitions Instructions:
Name of Individual Who Prepared Report
Phone itt: E-Mail AdiiTES37
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 Jefferson Street
P.O.Box 1220 ,H,0 ,,,„ 3 3) 0 X a
Port Townsend.'AT 4"..'"'"'" 0 0* 0.0* a.
jeffbocci4cojetTer
DEADLLNE:February 28th of Each Reporting Year
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 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 1st
Awarded From (+) Required QTR
by JeffCo JeffCo Underspent LTAC
(-)of LTAC FUNDS
funds SPENT
2. LTAC funds spent by your organization 1st 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 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 North Hood Canal Chamber of Commerce
EXHIBIT C 2nd QUARTER Due by July 31st to afmcknight@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 I'QTR QTR
Awarded From Underspent LTAC LTAC
by JeffCo From (-)of LTAC FUNDS FUNDS
JeffCo
funds SPENT SPENT
2. LTAC funds spent by your organization 2"d 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 2nd 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 North Hood Canal Chamber of Commerce
EXHIBIT C 3rd QUARTER Due by October 31st to afmcknight@ico.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 lit QTR QTR 3rd QTR
Awarded From Underspent LTAC LTAC LTAC
by JeffCo From (-)of LTAC FUNDS FUNDS FUNDS
JeffCo
funds SPENT SPENT SPENT
2. LTAC funds spent by your organization 3rd 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 North Hood Canal Chamber of Commerce
EXHIBIT C 4t" QUARTER Due by January 31st 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 1st QTR 2nd QTR 3rd QTR 4th 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 North Hood Canal Chamber of Commerce