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HomeMy WebLinkAboutJefferson County 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: Q(;iijir 23 , 2023 SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$17,400; Jefferson County 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: Jefferson County Chamber of Commerce $17,400 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: ark McCain County Administrator Date: AGREEMENT FOR 2024 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES JEFFERSON COUNTY CHAMBER OF COMMERCE This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY" and the JEFFERSON COUNTY CHAMBER OF COMMERCE(hereinafter known as "JCCC"). WHEREAS, the JCCC is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated East Jefferson County, especially in the greater Port Hadlock/Tri-Area region and Port Ludlow region,by providing information to guests, support and staff to information centers,as well as workshops, conferences and materials to enhance productivity of visitor information centers and other means 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 the Jefferson County Chamber of Commerce to: support marketing outside the County and other tourism promotion 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 JCCC shall use its capabilities and utilize up to $17,400 of funding provided under this agreement to perform the tourism promotion services as described in 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. SECTION 2: RESPONSIBILITIES OF THE JEFFERSON COUNTY 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 JCCC 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,provide to the COUNTY: • A billing statement requesting payment of Hotel-Motel Funding for the current year. Page: 1 of 12 Jefferson County Chamber of Commerce 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 JCCC. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not)by the JCCC 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 JCCC 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$17,400 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. 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. Page: 2 of 12 Jefferson County Chamber of Commerce 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 JCCC 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,JCCC 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 The JCCC shall indemnify and hold the COUNTY, and its officers, employees, and agents 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 the JCCC's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the JCCC 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 and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the JCCC's agents or employees; and, (b)the COUNTY, its officers, employees and agents, 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 the JCCC's negligence, or the negligence of the JCCC's agents or employees. The JCCC specifically assumes potential liability for actions brought against the COUNTY by the JCCC's employees, or any other persons engaged in the performance of any work or service required of the JCCC under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The JCCC recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. SECTION 9: INSURANCE JCCC shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance: A. Commercial General Liability Insurance. CHIMACUM FARMERS MARKET 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. Page: 3 of 12 Jefferson County Chamber of Commerce B. Worker's Compensation (Industrial Insurance). CHIMACUM FARMERS MARKET 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 JCCC and the COUNTY agree that the JCCC 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 JCCC nor any employee of the JCCC 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 JCCC, or any employee, representative, agent or contractor of the JCCC. The JCCC 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 JCCC 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 JCCC 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 JCCC 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 JCCC. SIGNATURES ON THE FOLLOWING PAGE Page: 4 of 12 Jefferson County Chamber of Commerce 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 CHAMBER OF COMMERCE C 1.4411i19fte 10/18/2023 Philip C. Hunsucker, Authorized Official Chief Civil Deputy Prosecutor Page: 5 of 12 Jefferson County Chamber of Commerce EXHIBIT A Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget 1. I temized List of Proposed Tourism Promotion Services Carganizaticx� (or Event) Name; Jefferson County Chamber of Commerce & Visitor Center 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 al bottom of page). 1)Redesign 2 maps from Dan Youra. The Chamber will retain copyrights after this publication. First map rs of Jefferson County Map with insets of main Commerce locations on the back. Dan will update instes & include Marrowsttxre Island in the Trr-Area Map COC will market and sell ads front and back and retain profit from Ad sales We will market to COC Members first and then open up to all to fill all slats pnor to pnnting 50.000 copes 516,216 For 1st year(2nd year$11,219.00) $1000.00 one time Art& Typeset Distribution $700 00 estimate 6 hours staff time to edit and proof i)25 00 per hour$150 00 Total s17,366 00 'Second map is Northwest Waterways with ferry routes.This map hasn't been produced since 1992. To my knowledge there isn't one as easily interactive I believe it is core to all of the Olympic Peninsula. The Ad sales would be targeted towards Manhme& Car travel We hope to partner with Black Ball Ferry's. & Canadian partners as well Ferry& travel inf©rmahor email and contact info on the back These can be dstnbute l through out the Peninsula; Ferry routes $ Tounsm partners (Same numbers as outlined above) Total$17,366 00 2)Port Townsend Pad Maps - Corvus Crafts Printery Update & Reprint for 2 years $10.291 54 "'SEE Additional Page Additional Itemized List of To_grism Promotion Services: 3) Request for funds to hire additional Tourism marketing personnel and/or pay for continuing educational skills with current Marketing and Communications Director, Victoria Kellogg, Victoria is currently managing our Enjoy Port Townsend website and social media pages. Request: $29,380.00 20 hours per week at$25.00 per hour_ Yearly $26,000.00 +tax and insurance$3,380.00 Page 6 of 12 Jefferson County 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 funding to promote&Aivals,special events and tourism-related activities through ttzurrism-reLited facilities owned or sponsored by non-profit organizations or the local jurtdiction are required to complete this foam fix EACH activity_ 1 Organization Name: Reputing Text 2 Sponsor Type(Check One): 0 501(c)(3) 0 501(cX6) 0 Local Jurisdiction °Other(Explain): 3 Activity Name 4 Activity Type(Check One): 0 Event Festival* 0 Facility* 0 Marketing* 5 Activity Stmt Date*: 6 Activity End Date 7 Total Cost of Activity. 8 Amount Requesud: $ 9 Anicrum Avoided: $ 10 Overall Attendance* 13 Number of Attendees Wb Stayed Oven:etc ti Unpaid Act ccumodations* a) Projected* a) Projected* b) Actual' b) Acraal* c) Methodology(Check One) Caren Came Menboclolog(Check One): ()Dnect Collar* Onthrect Came °Representative Survey* 0 Indirea Count* ORepneentarive Survey* Ohiformal Survey* 0 Structured Eunrate* 0 lnformal Survey* ()Structured Estimate* (3Other(explain): °Other(explain): 11 Number of Attendees Silo Traveled 50 Miles or More* 14 Number of Attendees Who Stayed Omni&in Paid Accomarodations* a) Projected* a) Projected* b) Actual* b) Arran* c) Methodology(Clock One): ()Direct Cour* c) Methodologe(Check One): 0 Direct aunts 0 Indirect Count* 0 Representarive Survey* 0 Indirect Count* °Representative Survey* 0 Informal Survey* ()Structured Estimate* "arformal Survey* (3 Scnictured Estimate* 0 Other(Explain): 0 Otter(eqalain): 12 Number of Attendees Who Traveled from Another State or Country* 15 Number of Paid roels,ing Ni#.ts* a) Pro*ted* a) Projected* b) Actual* b) Acme c) Methodology(Check One): (..)Direct Comte c) Methodulog(Check One): 0 Direct Cone Indirect Camt* °Representative Survey* 0 Indirect Came OReguesexative Survey* 0 hithonal Survey* °Structured Exitcate* 0'ittortral Survey* 0 Scrummed Foiniato ()Other(explain): 0 Other-',ercalaint: *See Lodging Tax Yearly Reporting Definitions Instructions Name of Individual ISho Prepared Report: Phan r: E-Mail Address: RETURN THIS FORM TO: Jefferson County Administrator's Office 1820 Jefferson Street P.O.Box 1220 Port Townsend,WA 98368 jeffboccqco.jeffersonma_us DEADLLNE:February 28th of Each Reporting Year Page 7 of 12 Jefferson County 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 Jefferson County Chamber of Commerce EXHIBIT C 1st QUARTER Due by April 30th to afmcknight@tco.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 15` 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 anyattachments maybe to disclosure as a public record under the Public Records Act, RCW p subject 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 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 2"d Amount Received (+) Required Pt 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 Chamber of Commerce 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 IS`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 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. public record under the Public Records RCW This report and any attachments may be subject to disclosure as a pub cAct, 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 Chamber of Commerce EXHIBIT C 4th QUARTER Due by January 31SC to afmcknight@codefferson.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"QTR 2nd QTR 3rd QTR 4`h 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 Chamber of Commerce