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HomeMy WebLinkAboutPennisula Trails Coalition $12,000- 102323De ig P7 10-�_Z-" AGREEMENT FOR 2024 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES PENINSULA TRAILS COALITION This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and PENINSULA TRAILS COALITION (hereinafter known as "PTC"). WHEREAS, PENINSULA TRAILS COALITION is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by PTC to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED The PTC shall use its capabilities and utilize up to $12,000 of funding provided under this agreement to continue and update the ongoing performance of the tourism promotion services consistent with the Itemized List of Promotion Services and Lodging Tax Budget, a copy of which is incorporated herein and attached hereto as Exhibit A. SECTION 2: RESPONSIBILITIES OF PTC: 1. On or before January 31; April 30; July 31; October 31, 2024; and January 31, 2025, provide to the COUNTY: • A quarterly report of the use, services, programs and activities of PTC under this Agreement for the prior quarter; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement for all 2024. 2. On or before January 31, 2024 OR upon execution of this agreement, whichever is later, provide to the COUNTY: • A billing invoice requesting payment of Hotel -Motel Funding for the current year. 3. For a minimum of six (6) years, maintain documented proof of payments made, contracts executed, and other expenditures authorized under this Agreement. Upon reasonable notice, provide access to County or State representatives to audit those records. 4. Funding provided by this Agreement may only be expended on the services described in Section 1 of this Agreement. Any monies used for other services or purposes shall be refunded to Jefferson County Hotel/Motel Fund. Any monies under -expended of the total Page: 1 of 12 Peninsula Trails Coalition funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2025. By February 281h of each year provide the following information on Exhibit A, attached hereto and incorporated by reference for the previous year. a. Each festival, event, or tourism facility owned and/or operated by PTC. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by PTC on each festival, event or tourism facility. c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist' includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or commercial campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY The PTC shall use its capabilities and utilize up to $12,000 of funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services consistent with the Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget a copy of which is incorporated herein and attached hereto as Exhibit A: 2. Said funding is in the sum of $12,000 for 2024. Payment is to be predicated on submittal of reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1, 2024 and ending on December 31, 2024, except for the reports referenced in Section 2, due January 31, 2025 and February 28, 2025. Work performed during the term and pursuant to this Agreement, but prior to its complete execution, is hereby ratified. SECTION 5: ASSIGNMENT Either party to the agreement shall not assign this Agreement, except by signed amendment. SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties. Page: 2 of 12 Peninsula Trails Coalition SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. PTC may terminate this Agreement upon thirty (30) days written notice to the COUNTY. In the event of termination under this clause, the County shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, PTC shall refund to the COUNTY a pro -rated share of the payment based upon the balance of time remaining in the paid period, unless otherwise negotiated. SECTION 8: HOLD HARMLESS PTC shall indemnify and hold the COUNTY, and its officers, employees, agents and volunteers (and their marital communities) harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from PTC's negligence or breach of an of its obligations under this Agreement; provided that nothing herein shall require PTC to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its officers, employees, agents and volunteers (and their marital communities), and; provided further that if the claims or suits are caused by or result from the concurrent negligence of. (a) PTC's agents or employees; and, (b) the COUNTY, its officers, employees agents and volunteers (and their marital communities), this indemnity provision with respect to claims or suits based upon such negligence, and or the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of PTC's negligence, or the negligence of PTO's agents or employees. PTC specifically assumes potential liability for actions brought against the COUNTY by PTC's employees, including all other persons engaged in the performance of any work or service required of PTC under this Agreement and, solely for the purpose of this indemnification and defense, PTC specifically waives any immunity under the state industrial insurance law, Title 51 RCW. PTC recognize that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. SECTION 9: INSURANCE PTC shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance: Page: 3 of 12 Peninsula Trails Coalition A. Commercial General Liability Insurance. PTC shall maintain commercial general liability coverage on a form acceptable to Jefferson County Risk Management for bodily injury, personal injury, and property damage, with a limits of not less than in the amount of at least $1 million per occurrence, for bodily injury, including death, and property damage. B. Worker's Compensation (Industrial Insurance). PTC shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. SECTION 10: INDEPENDENT CONTRACTOR The PTC and the COUNTY agree that the PTC is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the PTC nor any employee of the PTC shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the PTC, or any employee, representative, agent or contractor of the PTC. The PTC shall be responsible for all applicable withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations, and all other obligations of an independent organization. SECTION 11: COMPLIANCE WITH LAWS PTC shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. SECTION 12: DISCRIMINATION PROHIBITED PTC with regard to the project to be completed under this agreement, will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies, contractors or subcontractors. Page: 4 of 12 Peninsula Trails Coalition SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and PTC and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and PTC. APPROVED and si Attest: 5 W 2 LAI- Cz Carolynballaway, C Clerk of the Board day ofah�►' NO F E RSO►'►'kr ti ;.�pMMiss�, 0; • .ts, o m': Z 4 �'•► gSNING-�O.�'� , 2023. 1COUNTY COMMISSIONERS Chair Approved as to Form: PENI SULA TRAILS COALITION 1'0118/2023 &Y Philip C. Hunsucker, uthorized Official Chief Civil Deputy Prosecutor J-0/0i Page: 5 of 12 Peninsula Trails Coalition EXHIBIT A Itemized List of Proposed Tourism Promotion Services 1. Itemized List of Proposed Tourism Promotion Services Organization (or Event) Name: Peninsula Trails Coalition In the fotlowrng space or on a separate sheet of paper, please specify each proposed tourism promotion, facility, event or activity. irrcludmg quarrfities and casts (see examples at bottom of page) Itemized List of Proposed Tourism Promotion Services A Hall Baetz Viewpoint Electrical Services $7,000 Site Safety (Fencing Srgnage etc.) $5.000 B. Trail Ambassador Program Ambassador Salary- 12 hrstweek $6,000 Program Management $5,400 Supplies and Equipment $600 C.Jefferson County ODT Maps and Brochures $6.000 Total $30, 000 Page: 6 of 12 Peninsula Trails Coalition EXHIBIT B Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson County Administrator's Office No Later than February 28th of each Year Lodging Tax Reporting Form Organizations recen-tag, funding to promote fe:;araL-.:pecial etmnts and torar m-related actnaftez through tou nsm related &cd aes owned or sponsored by non-profit orpanrzanons or the local junsdicaon are requnred to complete this form for EACH acarity. 1 tkgpairatimName: RmptrtruYeas: I Sponwr hpe (Check ODej: 0 501(c)(3) © 5040611, Local Juci;nccnm 0Other (Ee L ec 3 ActivitvName 4 Activity 7tpe (Check Ou e}: Ever¢ Festn*a1* Q Faabtn- o made=r 5 Arum Start Date*: 6 Acftvgv End Date*: 7 ToW Cost of Actrr gr S 2 Aim = Requested: S 9 Amount AwardeeL S 10 OveaaD Attandaace a) Ptn)ected* b) Actual* c) 3thodalon(Chick Ore) Direct Cast• Chaduect Cauanr• (DRepre;em one Sim ev- thfnmarlSurce�n• 0structuredEldwre* 0� 11 Number of Attendees V,1w Trawled 50 Miles or More* a) Pmjected• b) Actual• €) Methodology (Check One). 0 Detect Com- lndirect Couag' oRVre ermche Suvev luf rcznal Sunk^ Strucnred Estimare• i Other (eve) 12 Number of Attendees VL w Tratixled from Another State or Cotn W a) Projected* b) A,crnaa- c) -MetbodWoMr(Check One, : DirectCocar" 0la h,., Co or 0RepresetX.,, S.,,- 0 C)SttwftmdEm=e• 0Otber (explain): *See Lodging Tax Yearly Reporting Definition; In:[ructions Name of ladnadual Vs7w Prepared Reprort: Phone ¢: E-Mad Address RETURN THIS FORM TO: Jefferson County Administrator's Office 1820 Jefferson Street P.O. Box 1220 Port Townsend. WA 9836E jeffiwcc+a:co je&rAmwa.nc 13 \umber odAttea dees 1%7w Staved Ovwnight m T npaad Accommodations* a) Protected* b) Actaa:• c) Mettodoiop• (Check One): Cmct Co>mt• 0,1& eca Coamt* R ep...tause SUney' �� sa1StmrW �Sanictttred&cimw- L1 49rla11j: 14 NumberofAtteedeesWho Saved Ovenmzhr = Pm-4.4,ccanmoaram' a) Projected* b) Arraa • c) M.eflvdakop; (Check ODE): fl ri'area CLQt* `i =km Conroe nRepresentauce Sunaw•' � *+ nkm3d Sunre9^ Stractured F-mn e• D&eT',evkat: 15 Number of Paid LodpneNights' b) ,4ctvi* c) Meethodober (Chzrk Cnej: t ) P.uect CouuN L1 a0tcect Co.,- ORg...aaice Surrey' ��+:nbeanstilStm�eS+" �Smxnu�E;tiraax• : DEADLINE: Februar•r 29th of Each Reporting Year Page: 7 of 12 Peninsula Trails Coalition LTAC Yearly Reporting Definitions/Instructions Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon) Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention center) Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but may also operate for less than a full year. Activity Date: Activity beginning and ending dates. Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter the number of persons estimated to have actually visited area as result of marketing activity. Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of persons expected to visit area as result of marketing activity. Methodology: Select the methodology used to estimate the actual number of visitors/participants. Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/ participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). Other: (please describe) Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity. Total Attendees Traveling 50 miles or more: Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For marketing organizations, report visitors traveling more than 50 miles to visit area. Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of visitors who traveled from another state or country. Attendees who stayed overnight: Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such as hotels, motels, bed and breakfasts, etc. Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such as family and friends. Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons occupying one room for one night. Page: 8 of 12 Peninsula Trails Coalition EXHIBIT C 4" QUARTER Organization: Contact person: Mailing Address: Phone Number/Email: 1. LTAC Funds received from the County 4"' QTR: Due by January 31s' to afmcknight0co.jefferson.wa.us ORGANIZATION Total Total Overspent Refund TOTAL TOTAL TOTAL TOTAL Amount Received (+) Required 111 QTR 2°a QTR 3rd QTR 0 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 4" QTR (include 200 word limit regarding activities and funds spent with an itemized statement and supporting documentation ie: invoices paid, receipts from payment,): 3. LTAC funds balance remaining 4th QTR: 4. Please attach your organization's report for all revenue, marketing, services, programs and activities of the prior quarter. This report and any attachments may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. A minimum of six years, you must maintain documented proof of payments made, contracts executed and other expenditures authorized under your Agreement with Jefferson County. Upon reasonable notice, you must be able to provide access to County or State representatives to audit those records. Page: 12 of 12 Peninsula Trails Coalition Issue Date 11/6/2023 Cert #:0000044667 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al, Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY American Alternative Insurance Corporation, et al. INSURED Peninsula Trails Coalition MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 1836 Port Angeles, WA 98362 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-14 6/1/2023 611/2024 PER OCCURRENCE $2,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $4,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $2,000,000 PERSONAL & ADV. INJURY $2,000.000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-14 6/112023 6/1/2024 COMBINED SINGLE LIMIT $2,000,000 (LIABILITY IS SUBJECT TO A 350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-14 6/1/2023 6/1/2024 ALL RISK PER OCC EXCL EQ & FL $75,000,000 EARTHQUAKE PER OCC Excluded FLOOD PER OCC $1,000,000 (PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-14 6/1/2023 6/1/2024 PER CLAIM $2,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / SPECIAL ITEMS Evidence of Coverage. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE IA/IT" TWP Prll 1r'V PPn%11g1r1Nq CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Lodging Tax Advisory Committee Jefferson County I , PO box 1220 Port Townsend, WA 98368 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Adiel McKnight, Executive Assistant DATE: C�t WW .3_ , 2023 SUBJECT: AGREEMENT re: 2024 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $12,000; Peninsula Trails Coalition STATEMENT OF ISSUE: This agreement provides grant funding for 2024 to certain non-profit agencies for the Promotion o tourism and ongoing preservation of Jefferson County's heritage. The Lodging Tax Advisoryf Committee met on September 19, 2023 and reviewed request for proposals. This ftinding has been budgeted from the Hotel Motel (Lodging Tax) Fund, and approved by the Board of Count Commissioners on October 2, 2023. Y FISCAL IMPACT: Peninsula Trails Coalition $12,000 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Peninsula Trails Coalition Contract For: LTAC PTC berm: 2024 COUNTY DEPARTMENT: County Administrator Contact Person: Adiel McKnight Contact Phone: 102 Contact email: afmcknight@oo.jefferson.wa.us AMOUNT: $12,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CERTIFIED: ❑ N/A: F $12. 000 125 125 STEP 2: DEPARTMENT CERTIFIES COUNTY (CONTRACTOR) HAS NO' AGENCY. j CERTIFIED: ❑ N/A: F 1125 Clear Form Contract No: LTAC PTC PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: 3.55.080 AND CHAPTER 42.23 RCW. Date 'D FOR CONTRACTING WITH THE ANY FEDERAL, STATE, OR LOCAL t0•%,d-,-3- Date STEP 3: RISK MANAGEMENT REVIEW (will be addetYelectronically through Laserfiche): Electronically approved by Risk Management on 10/17/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 10/18/2023. County standard LTAC grant language. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL