HomeMy WebLinkAboutJefferson County Historical Society $17,400 - 102323 1
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 Ilotel-Motel Tax funding under this agreement to fund
staff salaries to continue and update the ongoing performance of the following specific services:
I. 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 1listorical Society
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d Estimated lodging SLAYS,(-Lodging-refers to commercial lodging such as hoteii.
resfirts,bed and breakfasts.or commercial campgfounds i-
t: Measurements that demonstrate the impact of increased tourism attributable to the eNent..
festival or facility.
SECTION 3: RESPONSIBILITY OF JEFEER.SON COUNTY
I, I he C01:N I Y ill provide the I IISTORICAL 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 S50.000 for 2024.Semi-Annual payments of S25.000 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
Ibis Agreement shall he for a term of one year,commencing on January I.2024 and ending on
Decsmber 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.
SE(TION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
Ube 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 %4 ay or for non-performance of duties under this Agreement,or for any reason. The
I IIS I ORIC'Al. 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: 1101.1) HARMLESS
I I IS I ORICAI SOCIETY shall indemnify and hold the COUNTY, and its officers, employees,
agents andvolunteers land 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.
I Jefferson County Historical Society
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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 Counts employees In irtue
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
HIS IORICAL 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 I I: 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 he amended
only by written instrument signed by both the County and the HISTORICAL SOCIETY.
re
APPROVED and signed this 73 day of b°' .2 123
IEFFf '�, JEF R 1 OUNTY
Attest: p BOAR 1 t F C I MMISSIONERS
c,
Caroly iallaway,CMC 01, z Greg tarot T.Chair
Clerk of the Board ' ^
Approved as to Form: R�ON COI \TY HIS IORlCAL
SO( C i
10/18/2023
Philip C. Hunsucker. Authon,ed Official
ChiefCiti it Deputy Prosecutor
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