051-09 - Resolution - Contract with City Clerk Regarding Salary ReimbursementIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 051-09
City Clerk
City Clerk
City Clerk
May 12, 2009
May 12,2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH THE CITY CLERK REGARDING
PARTIAL SALARY REIMBURSEMENT FROM THE
HOTEL/MOTEL TAX FUND
WHEREAS, the City's 2009 budget designates $20,000 from the Hotel/Motel
Tax Fund for salary for a Marketing/Tourism Director; and
WHEREAS, the City Council has determined that rather than hiring a
Marketing/Tourism Director, an efficient and effective use of City funds is to assign
certain marketing and tourism duties to the City Clerk; and
WHEREAS, the City Clerk, Mayor, City Treasurer, City Attorney and the State
Auditor's office have met twice to review proposed documentation for using
Hotel/Motel Tax funds for a portion of the City Clerk's salary; and
WHEREAS, the City agrees \Nith the State Auditor's recommendation that an
agreement should be executed setting forth the terms of how the Hotel/Motel Tax funds
will be utilized, copy of which is attached and incorporated as Exhibit A; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to execute an Agreement with the City
Clerk, in the form attached as Exhibit A, regarding the use of
Hotel/Motel Tax dollars for partial salary reimbursement in relation to
tourism marketing and promotion on behalf of the City of Port Orchard.
PASSED by the City Council of the City ofPott Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 12th day ay 2
2009 LODGING TAX
Civic Festival Funding Agreement
An Agreement by and between the City of Port Orchard, a Municipal Corporation,
(hereinafter the "City") and the City Clerk on behalf of the City of Port Orchard (hereinafter the
" Clerk" or the "Organization").
WHEREAS, pursuant to the provisions of Chapter 67.28 RCW, the City of Port Orchard
has levied and continues to levy a special excise tax on charges made for the furnishing of
lodging in motels and hotels; and
WHEREAS, RCW 67.28.1815 authorizes the expenditure of such funds, or portions,
thereof, for advertising, publicizing, or otherwise distributing information for the purpose of
attracting visitors and encouraging tourist expansion; and
WHEREAS, the Organization must expend the funds for on tourism promotion activities
prior to December 31, 2009.
NOW, THEREFORE, IT IS HEREBY AGREED by the parties hereto as follows:
1. PAYMENT: The City of Port Orchard shall allocate to the Organization the sum of
$20,000.00 during the calendar year 2009 from tax revenue levied and collected
pursuant to RCW 67.28.180. The annual allocation is subject to potential funding
reduction as provided in Section 3 of this Agreement.
Payments will be disbursed to the Organization upon the City's receipt of an invoice
or claim for payment for services authorized by RCW 68.28.1815 until such time that
the total amount allocated has been paid. The City will not reimburse the
Organization for 2009 invoices and claims for payment that are received after
January 15, 2010. In the event any of the funds allocated under this Agreement are
not used for the authorized expenses, as detailed below, then the remaining funds
shall revett to the City to use and distribute, as it deems appropriate.
2. ORGANIZATION'S REPRESENTATIONS/COVENANTS. The Organization
represents and covenants as follows: .
(a) The funds paid by the City of Port Orchard hereunder shall be used solely to fund
tourism promotion as defined by RCW 67.28.080. "Tourism promotion" means:
1) activities, operations, and expenditures designed to increase tourism, including
but not limited to advertising, publicizing, or otherwise distributing information
for the purpose of attracting and welcoming tourists; and 2) funding the
marketing of or the operation of special events and festivals designed to attract
tourists. The Organization shall use the allocated funds for the following
expenditures as they relate solely to tourism promotion:
1. $2o,ooo Office Attend meetings to develop strategies to expand
tourism. Provide office and administrative support for
tourism-related activities and events, including but not
limited to the boat show, the farmer's market, and the
festival of chimes and lights. The Clerk shall not be
reimbursed for expenditures related to the operation or
maintenance of any facilities.
$2o,ooo Total
(b) In the event that any funds are expended for any purpose not so authorized, the
Organization agrees to and shall reimburse the City of Port Orchard upon
demand.
3. FUNDING REDUCTION: The City of Pott Orchard shall have the right to reduce the
amount which it has agreed to pay hereunder in the event it determines, in its sole
and absolute discretion, that tax revenues from the tax authorized by RCW 67.28.180
are insufficient to generate sufficient revenues for the City of Port Orchard to make
said payment, considering that other commitments for a portion of said funds have
also been made. The City of Port Orchard shall have the discretion to determine the
appropriate allocation of such funds among those entities to which such
commitments have been made.
4. INSPECTIONS/AUDIT: The Organization shall make available to the City of Port
Orchard or the Washington State Auditor, or their duly authorized representatives, at
any time during normal business hours, all records, books, or pertinent information
which the Organization shall have in conjunction with this agreement and which the
City of Port Orchard or the State of Washington may reasonably require in order to
insure compliance with the terms of this agreement, as well as federal, state, or local
laws, rules or regulations.
5. REPORTING OBLIGATIONS: Pursuant to RCW 67.28.1816, the City is obligated to
report to the department of community, trade, and economic development beginning
Januaty 1, 2008. This report on the economic impact must include information
related to the impact lodging tax revenue has on tourism promotion. As such, the
Organization shall gather and provide all of the following information to the City
upon demand or by January 31, 2010, whichever comes first:
(a) The estimated number of:
1. Tourists attributable to the festival or special event. "Tourist" means a person
who travels from a place of residence to a different town, city, county, state, or
countty, for purposes of business, pleasure, recreation, education, arts,
heritage, or culture;
ii. Persons traveling over fifty miles to the destination to the festival or special
event;
m. Persons remaining at the destination overnight for the festival or special
event; and
iv. Lodging stays generated per the festival or special event.
(b) An estimated increase in sales and use tax revenues attributable to the festival or
special event (not limited to revenues generated by tourists).
(c) Any other measurements that demonstrate the impact of the increased tourism
attributable to the festival or special event.
6. TERMINATION: The City of Pott Orchard may terminate this agreement
immediately by written notice thereof to the Organization if the tax itself is repealed
by appropriate authority or in the event the funds paid to the Organization are not
2009 Chamber of Commerce Funding Agreement Page 2 of 4
used in compliance with the provisions of this agreement and/or Chapter 67.28
RCW, as determined by the City of Port Orchard or the State of Washington. Upon
such termination, the City of Port Orchard shall be under no fmther obligation to
make payments hereunder. Further, it is agreed that either party may terminate this
agreement for any reason whatsoever upon giving the other party at least 90 days
prior written notice thereof.
7· MISCELLANEOUS PROVISIONS:
(a) Nonwaiver: No failure of either party to insist upon the strict performance of any
provision of this agreement shall be construed as depriving that party of the right
to insist on strict performance of such provision or any other provision in the
future.
(b) Captions and Construction: The captions in this agreement are for the
convenience of the reader and are not to be considered in the interpretation of its
terms.
(c) Partial Invalidity: If any term or provision of this agreement or the application
thereof to any person or circumstance shall to any extent be invalid or
unenforceable, the remainder of this agreement, or the application of such term
or provision to person or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each term and provision of
this agreement shall be valid and be enforced as written to the fullest extent
permitted by law.
(d) Governing Law: This agreement shall be governed by the laws of the State of
Washington. Venue for any action or proceeding hereunder shall lie in Kitsap
County, Washington.
(e) Entire Agreement: This document contains the entire and integrated agreement
of the parties and may not be modified except in writing signed and
acknowledged by both parties.
(f) Interpretation: This agreement has been submitted to the scrutiny of all parties
hereto and their counsel if desired, and shall be given a fair and reasonable
interpretation in accordance with the words hereof, without consideration or
weight being given to its having been drafted by any patty hereto or their counsel.
(g) Number: Gender: Permissive Versus Mandatory Usage: Where the context
permits, references to the singular shall include the plural and vice versa, and to
the neuter gender shall include the feminine and masculine. Use of the word
"may" shall denote an option or privilege and shall impose no obligation upon the
party that may exercise such option or privilege; use of the word "shall" will
denote a duty or an obligation.
(h) Conflict of Provisions: In case of conflict, the more specific provision of this
agreement shall control.
(i) Notices: Any notice required or desired to be given hereunder shall be deemed
given if in writing and either personally served or sent by certified mail, return
receipt requested, to the Department's address set forth below or to the City's
offices as set forth below.
(j) Binding Effect: This agreement shall be binding upon the patties hereto and upon
their respective executors, administrators, legal representatives, successors and
permitted assigns.
2009 Chamber of Commerce Funding Agreement Page 3 of 4
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
as of the 12th day of May 2009.
216 Prospect St eet
Port Orchard, A 98366
Telephone: 360. 76-4407
Fax: 360.895.9029
2009 Chamber of Commerce Funding Agreement
Patricia J. Kir z atri z
City Clerk
216 Prospect Street
Port Orchard, WA 98366
Telephone: 360.876.7024
Fax: 360.895.9029
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