HomeMy WebLinkAboutEmerald Towns Alliance LTAC Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: r 3 , 2023
SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the
Amount of$10,000; Emerald Towns Alliance
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:
Emerald Towns Alliance $10,000
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
ark McCaule unty Administrator ate:
AGREEMENT FOR 2024 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES
EMERALD TOWNS ALLIANCE
This Agreement is by and between Jefferson County(hereinafter known as "County" and
the Emerald Towns Alliance—Hood Canal Fjord Fest(hereinafter known as "ETA").
WHEREAS, ETA 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 the Emerald Towns Alliance for the 2024 Hood
Canal Fjord Fest to promote tourism in the unincorporated area of Jefferson County;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The ETA shall use its capabilities and utilize up to$10,000 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 THE EMERALD TOWNS ALLIANCE:
1. On or before January 31; April 30;July 31; October 31, 20; 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 ETA 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. Funding provided by this Agreement may only reimburse the net expenditure increases
for services as authorized by Section 1 together with Exhibit A of this Agreement. Any
monies used to reimburse other expenditures, 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.
Page 1 of 11 Emerald Towns Alliance
4. For a minimum of six (6) years, ETA shall maintain documented proof of payments
made, contracts executed, and other expenditures authorized under this Agreement. Upon
reasonable notice, ETA shall provide access to County or State representatives to audit
those records.
5. By February 28th of each year ETA shall provide the County 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 ETA.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not)by ETA 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 reimburse ETA with funding from Hotel-Motel Tax receipts for actual
documented combined net expenditure increases for services as authorized under this
agreement.
2. Said funding is in the sum of$10,000 for 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 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 by both
parties.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
Page 2 of 11 Emerald Towns Alliance
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. ETA 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, ETA 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
ETA 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 ETA's negligence or breach of an
of its obligations under this Agreement; provided that nothing herein shall require ETA 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) ETA'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 ETA's negligence, or the negligence of ETA's agents or employees.
ETA specifically assumes potential liability for actions brought against the COUNTY by ETA's
employees,including all other persons engaged in the performance of any work or service required
of ETA under this Agreement and, solely for the purpose of this indemnification and defense,ETA
specifically waives any immunity under the state industrial insurance law, Title 51 RCW. ETA
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
ETA shall obtain and keep in force during the term of the Agreement, or as otherwise required,
the following insurance:
A. Commercial General Liability Insurance. ETA 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). ETA shall maintain workers' compensation
insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and
shall provide evidence of coverage to Jefferson County Risk Management, upon request.
Page 3 of 11 Emerald Towns Alliance
SECTION 10: INDEPENDENT CONTRACTOR
ETA and the County agree that ETA 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 ETA nor any
employee of ETA 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 ETA,
or any employee, representative, agent or contractor of ETA. ETA 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
ETA 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
ETA 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 ETA 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 ETA.
APPROVED and signed this day of , 2023.
JEFFERSON COUNTY
Attest: BOARD OF COMMISSIONERS
Carolyn Gallaway,CMC Greg Brotherton,Chair
Clerk of the Board
%pproveri 'is to Fo--m: EMERALD TOWNS ALLIANCE
C C- tot,— --
P10/18/2023
Phili C. Hunsucker, Authorized Official Date
Chief Civil Deputy Prosecuting Attorney
Page 4of 11
EXHIBIT A
1 . Itemized List of Proposed Tourism Promotion Services
onizatcri i Event Name A:'arce Hood Lanai ford Fs
!!/e foil:04.0g space Qf a stipar '..z Sheet of paper please specity err proposed rourisfr7
Promor,or racqtry even or activrty inekkOn99 qoanttes aod r.-05f5 ,see e*apes at bottom OP page,
' cc Cara .7E:.-1Fesz 2324 LTA : Itbr-zel Red,et
•Marker AU'vers,ng 5
• E-terIair,-ert 5 ID 3CC
c S2C-5
$ 5Zic
:ave 3 25121:)
Cr sco,,,ar,7e errar,:e fema,-
3 : cc
Page 5 of 11 Emerald Towns Alliance
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 recenvrg funding to promote festivals,special event and tourism-related activities through tourism-related facilities
owned or sponsored by non-profit or ni-atious or the local jurisdiction are required to complete this form for EACH activity.
I Organization Name: Reporting Year
2 Sponsor Type(Check One): 0 501(cX3) 0 501(c)(6) 0 Local Jtuisdictim °Ott er;Explain):
3 Activity Nance
4 Activity Type(Check One): 0 Eventlestival' 0 Facility 1 Ma keting'
5 Activity Start Date*:
6 Activity End Dare*:
7 Total Cost of Activity: S
S Amount Requested: S
9 Amount Awarded. S
10 Overall Attendance* 13 Number of Attendees Who Stayed Oversight in Unpaid Accommodations'
a) Projected' a) Projected*
b) Actual* b) Actual'
c) Methodology(Check One): °Direct Count* c) Methodology(Check One): 0 Direct Corot*
Indirect Cant' °Representative Survey' °Indirect Come Representative Surrey*
(Informal Survey' ()Structured Estimate' °Informal Survey* 0 Structured Estimate'
Other(explain): er(expo):
11 Number of Attendees Who Traveled 50 Miles or Moe* 14 Number of Attendees Who Stayed Ovemizht n Paid Acccaurodations*
a) Projected* a) Projected*
b) Act* b) Actual*
c) Methodology(Check One): ()Direct Canny c) MethodoloEy(Check One): 0 Direct Count'
0 Indirect Cotmt' ()Representative Survey' 0 indirect Count* ()Representative Survey*
0 Informal Survey 0 Strmctured Estimate' Informal Survey* 0 Structured Estimate'
0 Other(explain): +0 Other(explain):
12 Number of AMtteidees Who Traveled from Another State or Country* 15 Number of Paid Lodging Nights*
a) Projected' a) Projected*
b) Actual' b) Actual*
c) Methodology(Check One): 0 Direct Cant' c) Methodology(Check One):pp� 0 Direct Conan''°Indirect Count* °Representative Survey* C Indirect Count* °Represe tative Survey*
0Innf�orrmall Survey* 0 Structured Estimate' 0 Informal Survey' C Smtrnred Estimate'
°WIG(explain):): Other(explain):
*See Lodging Tax Yearly Reporting Definitions Instructions
Name of Individual Who Prepared Report
Phones: E-Mail Address
RETt-R3'THIS FORM TO:
Jefferson County Administrator's Office
18220 Jefferson Street
P.O.Box 1220
Port Townsend,WA 98368
jeffboccu'co.jefferson_wa.us
DEADLINE:February 28th of Each Reporting Year
Page 6 of 11 Emerald Towns Alliance
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 7 of 11 Emerald Towns Alliance
EXHIBIT C I st QUARTER Due by April 30th to afmcknight@ico.jefferson.wa.us
Organization:
Contact person:
Mailing Address:
Phone Number/Email:
1. LTAC Funds received from the County 15t QTR:
ORGANIZATION Amount Received Overspent Refund TOTAL lst
Awarded From (+) Required QTR
by JeffCo JeffCo Underspent LTAC
(-)of LTAC FUNDS
funds SPENT
2. LTAC funds spent by your organization 15t 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 8 of 11 Emerald Towns Alliance
EXHIBIT C 2ndQUARTER Due byJuly31st to afmckni ht co.jefferson.wa.us
g � 1
Organization:
Contact person:
Mailing Address:
•
Phone Number/Email:
1. LTAC Funds received from the County 2"d QTR:
ORGANIZATION Total Total Overspent Refund TOTAL TOTAL 2nd
Amount Received (+) Required I St 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 9 of 11 Emerald Towns Alliance
•
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 2❑d TOTAL
Amount Received (+) Required I"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.
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 11 Emerald Towns Alliance
EXHIBIT C 4th QUARTER Due by January 31st to afmcknight@ico.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 Ut QTR 2nd QTR 3rd QTR 4`t'QTR
Awarded Underspent LTAC LTAC LTAC LTAC
by JeffCo From (-)of LTAC FUNDS FUNDS FUNDS FUNDS
JeffCo 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 11 of 11 Emerald Towns Alliance