HomeMy WebLinkAboutJefferson County Historical Society LTAC Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: 3 ,2023
SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$50,000; Jefferson County Historical Society
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:
Jefferson County Historical Society $50,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
I' r 2-,
Mark McCaul ounty Administrator Date.
AGREEMENT FOR 20 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
JEFFERSON COUNTY HISTORICAL SOCIETY
This Agreement is by and between JEFFERSON COUNTY(hereinafter known as
"COUNTY" and the JEFFERSON COUNTY HISTORICAL SOCIETY(hereinafter known as
"HISTORICAL SOCIETY").
WHEREAS,the HISTORICAL SOCIETY 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;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed
by the parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The HISTORICAL SOCIETY shall use its capabilities and utilize up to $50,000 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:
The HISTORICAL SOCIETY shall use the Hotel-Motel Tax funding under this agreement to fund
staff salaries to continue and update the ongoing performance of the following specific services:
1. Operation of the following tourism facilities in Jefferson County:
• Jefferson Museum of Art&History
• Rothschild House Museum
• Commanding Officers Quarters at Fort Worden State Park
• Historical Research Center
• Collaborating with many local organizations for cross promoting
2. Operation of the County Museum and care of the collection for its long-term maintenance.
3. Outreach to County residents through educational programs and Museum exhibits regarding
cultural and natural heritage.
4. Promotion of heritage awareness through countywide recognition programs and the
establishment of new and traveling exhibits and publications.
5. Continued documentation of County heritage through collecting, oral history, research and
other means.
Page: 1 of 13 Jefferson County Historical Society
6. Advocacy of heritage preservation through all available means including the enhancement
of Heritage based tourism for the economic development of the County.
7. Tourism promotion services provided by HISTORICAL SOCIETY Staff and volunteers at
each facility as follows:
• Verbal information, displays and brochures, local newspapers;
• Telephone communications during normal office hours (9:00 a.m.—5:00 p.m.) year
round;
• Website access to tourism information and social media
• Cross promoting with other local organizations
SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY HISTORICAL
SOCIETY
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 HISTORICAL
SOCIETY 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 (OR upon execution of this agreement, whichever is later);April
30;July 31; and October 31, 2024,provide to the COUNTY:
• A billing statement requesting payment of Hotel-Motel Funding for the current quarter.
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, 2025.
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 HISTORICAL
SOCIETY.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not)by the HISTORICAL SOCIETY 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).
Page: 2 of 13 Jefferson County Historical Society
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 HISTORICAL SOCIETY 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$50,000 for 2024. Semi-Annual payments of$25,000 will be
made, beginning with the first 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.
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
HISTORICAL SOCIETY 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,HISTORICAL SOCIETY 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
HISTORICAL SOCIETY 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,
Page: 3 of 13 Jefferson County Historical Society
demands, or suits at law or equity arising in whole or in part, directly or indirectly, from
HISTORICAL SOCIETY's negligence or breach of an of its obligations under this Agreement;
provided that nothing herein shall require HISTORICAL SOCIETY 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) HISTORICAL SOCIETY'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 HISTORICAL SOCIETY's negligence, or the negligence of HISTORICAL
SOCIETY's agents or employees.
HISTORICAL SOCIETY specifically assumes potential liability for actions brought against the
COUNTY by HISTORICAL SOCIETY's employees, including all other persons engaged in the
performance of any work or service required of HISTORICAL SOCIETY under this Agreement
and, solely for the purpose of this indemnification and defense, HISTORICAL SOCIETY
specifically waives any immunity under the state industrial insurance law, Title 51 RCW.
HISTORICAL SOCIETY 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
HISTORICAL SOCIETY shall obtain and keep in force during the term of the Agreement, or as
otherwise required,the following insurance:
A. Commercial General Liability Insurance. HISTORICAL SOCIETY 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). HISTORICAL SOCIETY 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 HISTORICAL SOCIETY and the COUNTY agree that the HISTORICAL SOCIETY 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 HISTORICAL SOCIETY nor any employee of the
HISTORICAL SOCIETY 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
Page: 4 of 13 Jefferson County Historical Society
the state industrial insurance program, otherwise assuming the duties of an employer with respect
to the HISTORICAL SOCIETY, or any employee, representative, agent or contractor of the
HISTORICAL SOCIETY. The HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY 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 HISTORICAL SOCIETY.
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: JEFFERSON COUNTY HISTORICAL
SOCIETY
10/18/2023
Philip C. Hunsucker, Authorized Official
Chief Civil Deputy Prosecutor
Page: 5 of 13 Jefferson County Historical Society
Exhibit A
1 . Itemized List of Proposed Tourism Promotion Services
Organization (or Event) Name, Jefferson County Historical Society//Community Engageme
and Research Canter Team Support
In the following space or on a separate sheet of paper. please specify each proposed tour
promotion. fackty, event or actnaty. including quantities and costs (see examples at botton
page).
2024 PROPOSED LTAC FUNDING BUDGET
COMMUNITY ENGAGEMENT ANC)RESEARCH CENTER TEAM SUPPORT
%FTE
Position Raguastacl Hourly Rata Total
Community Engagement Coordinator 0 75 $ 23.00 $35,880.00
Program Coordinator 0.50 $ 23.00 $ 23,920.00
Research Center Coordinator 0.35 $ 23.00 $ 16,74400
TOTAL $ 76 544.00
Page 6 of 13 Jefferson County Historical Society
EXHIBIT B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson County
I
Administrator's Office
Lodging Tax Reporting Form
Organizations receiving,fundinE to promote fesmals.special event and tourism-related activities through totuism-related facilities
owned or sponsored by non-profit organizations or the local jurisdiction ai.e required to complete this form for EACH activity_
1 Organisation Name: Reporting Year
2 Sponsor Type(Check One): ( 501.:?*13:1 0 501(005) 0 Loci Jranicticticei °Other(Explain):
3 Activity Name:
4 Activity Type(Check One): ()EvemPestival* 0 Facili77. r"")Marienne
5 Activity Start Date*:
6 Activity End Date
7 Total Cost of Astiyity. S
8 Amount Requested: S
9 Amount Awarded: S
10 Overall Attendance 13 Number of Attecclees Who Staved Overnight m Unsaid Accommodations'
a) Projected' a) Projected*
b) Actual* b) Actual*
c) Methodology(Check One): ()Direct Count* c) Methodology(Check One): 0 Direct'Calms'
0Inchrect Count* 0 Pannesentative Surrey* 0 Idirect Count* OReprthethative Survey'
Informal Survey' 0 Sauctund Ent:nate*
8
Other(explain): 0 Infonnal Survey* 0 Structured Estimate*
Other(explain):
11 Number of Attendees Who Traveled 50 Mile or more 14 Number of Attendees Who Stayed Ovemi*s si Paid Accommodations*
a) Projected* a) Projected'
b) Actual* b) Actual*
c) Methodology(Check One): (3 Direct Came c) Methodolog(Check Ogle): ()Direct Come
°Indirect Cows* (3 Representative Surrey* .Come Repmentarive Survey'
0 Informal Survey* 0 Structured Eurmate* Tirtfarmal Survey* Structured Estimate'
+0 Other(ezplain): 0 Other(explain):
12 Number of:Attendees Who Traveled from Another State or Cowry* 15 Number of Paid 1/Aft/IP-Nights*
a) Projected* a) Projected*
b) Actual* b) Actual*
c) Methodology(Check One) +0 Direct Come c) MethocioiogY(Check One): 0 Direct Come
°Indirect Count* °Representative Survey* 0 Indirect Come 0132prthethatilv Survey*
0 Informal Survey' 0 StrilktUVA Estimate* 0 Informal Survey* 0 Structured Estimate*
°Other(explain): 0 Other(thrplathr
'See Lodging Tax Yearly Reporting Definitionsinstructioas
Name of Individual Who Prepared Report
Phcee 47: E-Nlail Adr:. t
RETURN THIS FORM TO:
Jefferson County Administrator's Office
1820 Jefferson Street
P.O.Box 1220
Port Townsend,WA 98368
jeffbocctricojefferson.wa.us
DEADLINE:Febru.ary 28th of Each Reporting Year
Page 7 of 13 Jefferson County Historical Society
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 13 Jefferson County Historical Society
EXHIBIT C 1 St QUARTER Due by April 30th to afmcknight@co.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 Ist
Awarded (+) Required QTR
by JeffCo From Underspent LTAC
JeffCo (-)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 Jefferson County Historical Society
EXHIBIT C 2'd QUARTER Due by July 31"to afmcknightPco.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 2"d
Amount Received (+) Required I"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 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 Jefferson County Historical Society
EXHIBIT C 3`d 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 3'd QTR:
ORGANIZATION Total Total Overspent Refund TOTAL TOTAL 2'd TOTAL
Amount Received (+) Required 1'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 Jefferson County Historical Society
EXHIBIT C 4th 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 1s`QTR 2°d 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 Jefferson County Historical Society