Sno-Co - Write on the Sound 2017CONSULTANT:
CONTACT PERSON
D J'VIMM
City of Edmonds
Frances Chapin
700 Main Street
Edmonds, WA 98020
FEDERAL TAX ID NUMBER/U.B.I. NUMBER: 91-6001244
TELEPHONE/FAX NUMBER: (425) 771-0228
COUNTY DEPT: Snohomish County Parks and Recreation
DEPT. CONTACT PERSON: Carol Peterson
TELEPHONE/FAX NUMBER: (425) 388-6605/(425) 388-6645
PROJECT: 2017 Write on the Sound Conference
AMOUNT: $5,500
FUND SOURCE: 116 501094105205
CONTRACT DURATION: Contract execution through Dec. 31, 2017
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (the "Agreement") is made by and between SNOHOMISH
COUNTY, a political subdivision of the State of Washington (the "County"), and the City of
Edmonds (the "Contractor").
Recitals
WHEREAS, by Section 1 of Resolution No. 79-335, adopted November 5, 1979 (and
codified as SCC 4.40.010), the legislative body of the County levied a special excise tax on the
sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel,
trailer camp, and the granting of any similar license to use real property, as distinguished from the
renting or leasing of real property; and
WHEREAS, by Section 1 of Resolution No. 79-335, as subsequently amended (and
codified as SCC 4.40.050(1)), the legislative body of the County created a fund known as the
"hotel/motel tax fund"; and
WHEREAS, by Section 2 of Ordinance No. 87-062, adopted August 12, 1987 (codified as
SCC 4.40.060), the County Council specified that the hotel -motel tax fund shall be used to support
projects or purposes authorized under chapter 67.28 RCW; and
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 1 of 16
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WHEREAS, chapter 67.28 RCW permits the distribution of money from the hotel -motel
tax fund for tourism promotion, defined by RCW 67.28.180(2) (h)(ii) as "activities intended to
attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional,
and amateur sports events"; and
WHEREAS, by Section 4 of Ordinance No. 87-062 (codified as SCC 4.40.070), the County
Council established an application and selection process for projects to be funded from the hotel -
motel tax fund; and
WHEREAS, pursuant to the procedures established by SCC 4.40.070, the County received
applications for funding assistance from various eligible public and nonprofit entities in response
to a public solicitation for such applications; and
WHEREAS, the Snohomish County Lodging Tax Advisory Board evaluated the
applications for eligibility and recommended funding levels for the projects, consistent with
provisions of chapter 67.28 RCW; and
WHEREAS, by Motion No. 17-025, passed on January 25, 2017, the County Council
authorized 2017 hotel -motel tax funding of the projects as set forth therein (or as subsequently
amended by the Council) and authorized the County Executive to execute the necessary contracts.
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained
herein, the parties agree as follows:
1. Purpose of Agreement; Scope of Services. The purpose of this Agreement is to
establish the parameters for reimbursing the City of Edmonds in the amount up to $5,500 for
eligible expenses of Contractor's 2017 programming (the "Project"), as set forth in Schedule A.
Schedule A is attached hereto and by this reference made part of this Agreement. Schedule C is
the Contractor's Project application; it is attached hereto and by this reference made part of this
Agreement.
The Contractor will prepare and present status reports and other information regarding
performance of the Agreement as the County may request.
2. Term of Agreement; Time of Performance. This Agreement shall be effective upon
mutual execution (the "Effective Date") and shall terminate on December 31, 2017. The
Contractor shall complete its obligations required by this Agreement no later than December 31,
2017. The County's obligations after December 31, 2017, are contingent upon local legislative
appropriation of necessary funds for this specific purpose in accordance with the County Charter
and applicable law.
3. Compensation.
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
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a. Reimbursement. The County will reimburse Contractor as set forth in Schedule
B, which is attached hereto and by this reference made a part of this Agreement.
b. Overhead and Expenses. No claims for reimbursement of overhead or expenses
will be allowed under this Agreement.
c. Invoices. Upon completion of Contractor's eligible expenses for the Project, the
Contractor shall submit a properly executed invoice to the County indicating the amount of eligible
expenses for reimbursement. The invoice shall include an itemization of all reimbursable expenses
incurred by the Contractor, together with reasonable documentation substantiating such expenses,
all in accordance with this Section 3 and Schedule A. Subject to Section 8 of this Agreement, the
County will pay the invoice within thirty (30) calendar days of receipt.
d. Contract Maximum. Total reimbursable expenses under this Agreement, all
fees and expenses included, shall not exceed $5,500.
4. Independent Contractor. The Contractor agrees that it is not an agent, employee, or
servant of the County. This Agreement neither constitutes nor creates an employer-employee
relationship. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed
by employees of the County. The Contractor specifically has the right to direct and control
Contractor's own activities in accordance with the specifications set out in this Agreement. The
County shall only have the right to ensure performance. Nothing in this Agreement shall be
construed to render the parties partners or joint ventures.
The Contractor shall furnish, employ and have exclusive control of all persons to be
engaged in performing the Contractor's obligations under this Agreement (the "Contractor
personnel"), and shall prescribe and control the means and methods of performing such obligations
by providing adequate and proper supervision. Such Contractor personnel shall for all purposes
be solely the employees or agents of the Contractor and shall not be deemed to be employees or
agents of the County for any purposes whatsoever. With respect to Contractor personnel, the
Contractor shall be solely responsible for compliance with all rules, laws and regulations relating
to employment of labor, hours of labor, working conditions, payment of wages and payment of
taxes, including applicable contributions from Contractor personnel when required by law.
Because it is an independent contractor, the Contractor shall be responsible for all
obligations relating to federal income tax, self-employment or FICA taxes and contributions, and
all other so-called employer taxes and contributions including, but not limited to, industrial
insurance (workers' compensation). The Contractor agrees to indemnify, defend and hold the
County harmless from any and all claims, valid or otherwise, made to the County because of these
obligations.
The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales,
income, or other form of taxes, fees, licenses, excises or payments required by any city, county,
federal or state legislation which are now or may during the term of the Agreement be enacted as
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
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to all persons employed by the Contractor and as to all duties, activities and requirements by the
Contractor in completion of the Project under this Agreement. The Contractor shall assume
exclusive liability therefor, and shall meet all requirements thereunder, pursuant to any rules or
regulations that are now or may be promulgated in connection therewith.
5. Chalk=es=es. No changes or additions shall be made in this Agreement except as agreed
to by both parties, reduced to writing and executed with the same formalities as are required for
the execution of this Agreement.
6. County Contact Person. The assigned contact person (or project manager) for the
County for this Agreement shall be:
Name: Carol Peterson
Title: Tourism Promotion Coordinator
Department: Parks and Recreation
Telephone: (425) 388-6605
Email: Carol.Petersoii@snoco.or
7. County Review and Approval. If Contractor's Project includes the production of
promotional materials, Contractor shall provide the County an advance copy of said promotional
materials. If the content of the promotional material is objectionable to the County, the County, in
its sole discretion, may determine whether to reimburse Contractor for the associated expenses.
8. Records and Access; Audit, Ineligible Expenditures. The Contractor shall maintain
adequate records to support its invoices of reimbursable expenses. Said records shall be
maintained for a period of seven (7) years after completion of this Agreement by the Contractor.
The County or any of its duly authorized representatives shall have access at reasonable times to
any books, documents, papers and records of the Contractor that are directly related to this
Agreement for the purposes of making audit examinations, obtaining excerpts, transcripts or
copies, and ensuring compliance by the County with applicable laws. Expenditures under this
Agreement, which are determined by audit to be ineligible for reimbursement and for which
payment has been made to the Contractor, shall be refunded to the County by the Contractor.
9. Indemnification. To the maximum extent permitted by law the Foundation shall
indemnify and hold harmless the County its officers, officials, agents and employees, from and
against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind
or nature arising out of, in connection with, or incidental to the Project. In addition, the Contractor
shall assume the defense of the County its officers and employees in all legal or claim proceedings
arising out of, in connection with, or incidental to the Project and shall pay all defense expenses,
including reasonable attorneys' fees, expert fees and costs incurred by the County on account of
such litigation or claims.
The above indemnification obligations shall include, but are not limited to, all claims
against the County and, if applicable, the State by an employee or former employee of the
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
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Contractor or its subcontractors, and the Contractor, by mutual negotiation, expressly waives all
immunity and limitation on liability, as respects only the County and, if applicable, the State, under
any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability
benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable
in the case of such claim.
In the event that the County or, if applicable, the State incurs any judgment, award
and/or cost including attorneys' fees arising from the provisions of this section, or to enforce the
provisions of this section, any such judgment, award, fees, expenses and costs shall be recoverable
from the Contractor.
In addition to injuries to persons and damage to property, the term "claims," for
purposes of this provision, shall include, but not be limited to, assertions that the use or transfer of
any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in an unfair trade practice.
The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Agreement.
Nothing contained within this provision shall affect or alter the application of any
other provision contained within this Agreement.
10. Insurance Reguirements. The Contractor shall procure by the time of execution of
this Agreement, and maintain for the duration of this Agreement, (i) insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the Project
hereunder by the Contractor, its agents, representatives, or employees, and (ii) a current certificate
of insurance and additional insured endorsement when applicable.
a. General. Each insurance policy shall be written on an "occurrence" form.
By requiring the minimum insurance coverage set forth in this Section 12, the
County shall not be deemed or construed to have assessed the risks that may be applicable to the
Contractor under this Agreement. The Contractor shall assess its own risks and, if it deems
appropriate and/or prudent, maintain greater limits and/or broader coverage.
b. No Limitation on Liability. The Contractor's maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the Contractor to the
coverage provided by such insurance, or otherwise limit the County's recourse to any remedy
available at law or in equity.
c. Minimum Scone and Limits of Insurance. The Contractor shall maintain
coverage at least as broad as, and with limits no less than:
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 5 of 16
(i) General Liability: $1,000.000.00 combined single limit per occurrence
for bodily injury, personal injury and property damage, and for those policies with
aggregate limits, a $1,000.000.00 aggregate limit. CG 00 01 current edition.
d. Other Insurance Provisions and Requirements. The insurance coverages
required in this Agreement must contain, or must be endorsed to contain, the following provisions:
(i) The County, its officers, officials, employees and agents are to be covered
as additional insureds as respects liability arising out of activities performed by or on behalf
of the Contractor in connection with this Agreement. Such coverage shall be primary and
non-contributory insurance as respects the County, its officers, officials, employees and
agents. Additional Insured Endorsement shall be included with the certificate of insurance,
"CG 2026 07/04" or its equivalent is required.
(ii) The Contractor's insurance coverage shall apply separately to each insured
against whom a claim is made and/or lawsuit is brought, except with respect to the limits
of the insurer's liability.
11. Count Non-discrimination. It is the policy of the County to reject discrimination
which denies equal treatment to any individual because of his or her race, creed, color, national
origin, families with children, sex, marital status, sexual orientation, age, 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 as provided in Washington's
Law against Discrimination, chapter 49.60 RCW, and the Snohomish County Human Rights
Ordinance, chapter 2.460 SCC. These laws protect against specific forms of discrimination in
employment, credit transactions, public accommodation, housing, county facilities and services,
and county contracts.
The Contractor shall comply with the substantive requirements of chapter 2.460 SCC,
which are incorporated herein by this reference. Execution of this Agreement constitutes a
certification by the Contractor of the Contractor's compliance with the requirements of chapter
2.460 SCC. If the Contractor is found to have violated this provision, or to have furnished false
or misleading information in an investigation or proceeding conducted pursuant to this Agreement
or Chapter 2.460 SCC, this Agreement may be subject to a declaration of default and termination
at the County's discretion. This provision shall not affect the Contractor's obligations under other
federal, state, or local laws against discrimination.
12. Federal Non-discrimination. Snohomish County assures that no persons shall on the
grounds of race, color, national origin, or sex as provided by Title VI of the Civil Rights Act of
1964 (Pub. L. No. 88-352), as amended, and the Civil Rights Restoration Act of 1987 (Pub. L. No.
100-259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any County sponsored program or activity. Snohomish County further
assures that every effort will be made to ensure nondiscrimination in all of its programs and
activities, whether those programs and activities are federally funded or not.
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 6 of 16
13. Employment_ of Count„y Employees. SCC 2.50.075, "Restrictions on future
employment of County employees,” imposes certain restrictions on the subsequent employment
and compensation of County employees. The Contractor represents and warrants to the County
that it does not at the time of execution of this Agreement, and that it shall not during the term of
this Agreement, employ a former or current County employee in violation of SCC 2.50.075. For
breach or violation of these representations and warranties, the County shall have the right to
terminate this Agreement without liability.
14. Compliance with Other Laws. The Contractor shall comply with all other applicable
federal, state and local laws, rules, and regulations in performing this Agreement.
15. Compliance with Grant Terms and Conditions. The Contractor shall comply with
any and all conditions, terms and requirements of any federal, state or other grant, if any, that
wholly or partially funds the Contractor's work hereunder.
16. Prohibition of Contingency Fee Arrangements. The Contractor warrants that it has
not employed or retained any company or person, other than a bona fide employee working solely
for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
the County shall have the right to terminate this Agreement without liability or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Force Majeure. If either party is unable to perform any of its obligations under this
Agreement as a direct result of an unforeseeable event beyond that party's reasonable control,
including but not limited to an act of war, act of nature (including but not limited to earthquake
and flood), embargo, riot, sabotage, labor shortage or dispute (despite due diligence in obtaining
the same), or governmental restriction imposed subsequent to execution of the Agreement
(collectively, a "force majeure event"), the time for performance shall be extended by the number
of days directly attributable to the force majeure event. Both parties agree to use their best efforts
to minimize the effects of such failures or delays.
18. Suspension of Work. The County may, at any time, instruct the Contractor in writing
to stop work effective immediately, or as directed, pending either further instructions from the
County to resume the work or a notice from the County of breach or termination under Section 21
of this Agreement.
19. Non -Waiver of Breach; Termination.
a. The failure of the County to insist upon strict performance of any of the
covenants or agreements contained in this Agreement, or to exercise any option conferred by this
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 7 of 16
Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of
those covenants, agreements or options, and the same shall be and remain in full force and effect.
b. If the Contractor breaches any of its obligations hereunder, and fails to cure the
same within five (5) business days of written notice to do so by the County, the County may
terminate this Agreement, in which case the County shall pay the Contractor only for the
reimbursable expenses, if any, accepted by the County in accordance with Sections 3 and 8 hereof.
c. The County may terminate this Agreement upon five (5) business days' written
notice to the Contractor for any reason other than stated in subparagraph b above, in which case
payment shall be made in accordance with Sections 3 and 8 hereof for the reimbursable expenses,
if any, reasonably and directly incurred by the Contractor in performing this Agreement prior to
receipt of the termination notice.
d. Termination by the County hereunder shall not affect the rights of the County as
against the Contractor provided under any other section or paragraph herein. The County does
not, by exercising its rights under this Section 21, waive, release or forego any legal remedy for
any violation, breach or non-performance of any of the provisions of this Agreement. At its sole
option, the County may deduct from the final payment due the Contractor (i) any damages,
expenses or costs arising out of any such violations, breaches or non-performance and (ii) any
other set -offs or credits including, but not limited to, the costs to the County of selecting and
compensating another contactor to complete the work of the Agreement.
20. Notices. All notices and other communications shall be in writing and shall be
sufficient if given, and shall be deemed given, on the date on which the same has been mailed by
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to the County: Snohomish County Parks and Recreation
6705 Puget Park Drive
Snohomish, Washington 98296
Attention: Carol Peterson
Tourism Promotion Coordinator
If to the Contractor: City of Edmonds
Edmonds Arts Commission
700d Main Street
Edmonds, WA 98020
Attention: Frances Chapin
The County or the Contractor may, by notice to the other given hereunder, designate any
further or different addresses to which subsequent notices or other communications shall be sent.
21. Confidentiality. The Contractor shall not disclose, transfer, sell or otherwise
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 8 of 16
release to any third party any confidential information gained by reason of or otherwise in
connection with the Contractor's performance under this Agreement. The Contractor may use
such information solely for the purposes necessary to perform its obligations under this
Agreement. The Contractor shall promptly give written notice to the County of any judicial
proceeding seeking disclosure of such information.
22. Public Records Act. This Agreement and all public records associated with this
Agreement shall be available from the County for inspection and copying by the public where
required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public
records then in the custody of the Contractor are needed for the County to respond to a request
under the Act, as determined by the County, the Contractor agrees to make them promptly
available to the County. If the Contractor considers any portion of any record provided to the
County under this Agreement, whether in electronic or hard copy form, to be protected from
disclosure under law, the Contractor shall clearly identify any specific information that it claims
to be confidential or proprietary. If the County receives a request under the Act to inspect or copy
the information so identified by the Contractor and the County determines that release of the
information is required by the Act or otherwise appropriate, the County's sole obligations shall be
to notify the Contractor (a) of the request and (b) of the date that such information will be released
to the requester unless the Contractor obtains a court order to enjoin that disclosure pursuant to
RCW 42.56.540. If the Contractor fails to timely obtain a court order enjoining disclosure, the
County will release the requested information on the date specified.
The County has, and by this section assumes, no obligation on behalf of the Contractor to
claim any exemption from disclosure under the Act. The County shall not be liable to the
Contractor for releasing records not clearly identified by the Contractor as confidential or
proprietary. The County shall not be liable to the Contractor for any records that the County
releases in compliance with this section or in compliance with an order of a court of competent
jurisdiction.
23. Interpretation. This Agreement and each of the terms and provisions of it are deemed
to have been explicitly negotiated by the parties. The language in all parts of this Agreement shall,
in all cases, be construed according to its fair meaning and not strictly for or against either of the
parties hereto. The captions and headings of this Agreement are used only for convenience and
are not intended to affect the interpretation of the provisions of this Agreement. This Agreement
shall be construed so that wherever applicable the use of the singular number shall include the
plural number, and vice versa, and the use of any gender shall be applicable to all genders.
24. Complete Agreement. This Agreement constitutes the entire understanding of the
parties. Any written or verbal agreements that are not set forth herein or, incorporated herein by
reference are expressly excluded.
25. Conflicts between Attachments and Text. Should any conflicts exist between any
attached exhibit or schedule and the text or main body of this Agreement, the text or main body of
this Agreement shall prevail.
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
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26. leo Third Party Beneficiaries. The provisions of this Agreement are for the exclusive
benefit of the County and the Contractor. This Agreement shall not be deemed to have conferred
any rights, express or implied, upon any third parties.
27. Governing Law: Venue. This Agreement shall be governed by the laws of the State
of Washington. The venue of any action arising out of this Agreement shall be in the Superior
Court of the State of Washington, in and for Snohomish County,
28. Severability. Should any clause, phrase, sentence or paragraph of this agreement be
declared invalid or void, the remaining provisions of this Agreement shall remain in full force and
effect.
29. Authority. Each signatory to this Agreement represents that he or she has full and
sufficient authority to execute this Agreement on behalf of the County or the Contractor, as the
case may be, and that upon execution of this Agreement it shall constitute a binding obligation of
the County or the Contractor, as the case may be.
30. Survival. Those provisions of this Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive.
31. Execution in Counte arts. This Agreement may be executed in counterparts, each
of which shall constitute an original and all of which shall constitute one and the same Agreement.
SNOHOMISH COUNTY:
2 5 2 ) fh, � , , � k
County Execu ve Date
KEN KLEIN
Executive Director
HOTEL -MOTEL TAX FUND AGREEMENT
WITH THE CITY OF EDMONDS
Page 10 of 16
Schedule A
Scope
CONTRACTOR: CITY OF EDMONDS, EDMONDS ARTS COMMISSION
PROJECT: EXPANDED MARKETING FOR 2017 WRITE ON THE SOUND
CONFERENCE
1. The Contractor will: (a) purchase new digital ads with the two national publications,
including but not limited to, Writers Digest (F&W) and Poet & Writers; and (b) purchase
additional digital ads for a Portland or San Francisco area regional publication; and (c)
create a Facebook ad campaign designed for a niche audience and purchase ads targeted at
specific markets such as northern California which will benefit (the "Project").
In addition,
• The Contractor shall work with the Snohomish County Tourism Bureau (the "Tourism
Bureau") to ensure that any published materials prepared with financial assistance from
County funds are consistent with the County's graphics standards as set forth in more
detail in paragraph 2 below.
• Any publications produced as a result of this Project shall prominently feature the
following credit: MADE POSSIBLE IN PART BY ASSISTANCE FROM THE
SNOHOMISH COUNTY HOTEL -MOTEL TAX FUND.
• The Contractor will project the number of overnight visits the Project will generate and,
as a condition to being funded in the future, report on the results. Alternatively, the
Contractor can report on initiatives undertaken by it in concert with the Tourism Bureau
to incorporate the funded Project in trip packaging which promotes overnight stays.
• The Contractor will place on its website a link provided by the Tourism Bureau to the
Washington Reservation Booking Engine and provide the "click-thru" data in its report
accompanying its invoice for reimbursement.
• If the Project will occur within a city or cities that collect their own lodging tax, the
Contractor shall approach such city or cities for funding assistance for the Project. Prior
to or concurrent with its first invoice to the County for this Project, the Contractor shall
provide a written report to the County on the results of the Contractor's approaches to
that city or those cities. If such approaches were not made by the Contractor, the
Contractor shall explain in detail in that report its reasons for not doing so. The
provision of the report shall be a pre -condition for the County's reimbursing the
Contractor for services provided under this Agreement.
2. Through the auspices of the Tourism Bureau, the County pursues a long-range tourism
development and marketing strategy. Part of that strategy is to foster the visual integration
of published tourism materials in Snohomish County. For that purpose, the Tourism
Bureau has developed a package of design guidelines which includes a logotype, a tag line
and a family of colors. If any printed materials or print medium advertisements are
produced as part of the Project that is the subject of this Agreement, the following
requirement will apply: (i) The Contractor will coordinate design of printed materials
produced under the Agreement with the Tourism Bureau with the goal of applying the
design guidelines to printed materials produced hereunder. (ii) The Contractor will submit
A-1
the proposed design to the County's contact set forth in Section 7 of the Agreement for
review and approval prior to printing the production run.
3. To ensure that out -of -county visitors are attracted to the Project, the Contractor will direct
more than fifty percent (50%) of any promotional materials underwritten in whole or in
part by County funds at recipients outside of Snohomish county. For written materials,
this goal may be accomplished by mailing written materials out of the county and/or by
placing appropriate written materials with the Tourism Bureau. At least fifty percent (50%)
of any electronic advertising funded under this Agreement will be directed at audiences
outside of Snohomish County.
EMN
Schedule B
Compensation
1. The Contractor will be reimbursed by the County for services provided and/or eligible
expenses incurred in executing the Project pursuant to the Agreement in an amount not to
exceed the Contract Maximum.
2. Expenses eligible for reimbursement under the Agreement are defined as those listed in the
"COUNTY" column of the Project budget below. The Contractor shall submit an invoice
to the County with itemized invoices from third parties for all eligible expenditures for
which the Contractor seeks reimbursement. In-kind matching volunteer services shall be
valued at a rate of $22.00 per hour or as invoiced to the Contractor by independent third
parties at a commercially reasonable rate that is customary for such work. In addition, if
County funds are to be used to pay in whole or in part any printed materials, print
advertising or broadcast medium advertising, the Contractor will submit with the
Contractor's reimbursement request for associated costs incurred: three (3) copies of
printed materials; one copy of each print advertisement as printed; and one copy of the text
of each broadcast medium advertisement. The Contractor will not be reimbursed for any
expenses incurred by it which provide direct promotional benefit to a specific private
business entity. In order to ensure timely closeout of the Project, the Contractor shall
submit its invoice to the County no later than thirty (30) calendar days after completion of
the services authorized by this Agreement and, in any event, no later than December 31,
2017. The Contractor's invoice shall be accompanied by a report summarizing the Project
and how funds provided for the Project under this Agreement have enhanced tourism in
Snohomish County. In no event shall the Contractor's invoice be paid by the County if it
is submitted after December 31, 2017, or if it is not accompanied by the required report.
PROJECT BUDGET
ITEM
COUNTY
REQUESTED
FROM CITY
MATCH
MATCH
CASH
IN-KIND
1. Ads Poet & Writers,
Writers Digest
$3,500
$89
2. Brochures/Posters/Print
distribute.
$2,800
$469
$94
3. Shaw Guides listing &
regional press releases
$500
$45
4. Email Marketing
$200
$412
5. Digital Ads
$2,000
$500
$67
6. Facebook Ads
$3,500
$67
Total
$5,500
$7,500
$1,149
$94
Upon request of the Contractor and approval by the County Executive as provided in
SCC 4.40.065(11), the Contractor may be authorized to shift funds within the items defined in the
budget shown above subject to the following conditions:
No funds may be shifted without prior written authorization from the County's contact set
forth in Section 7 of the Agreement. Authorization to shift funds must be sought and
approved prior to anticipated need.
2. Funds shifted shall aggregate no more than twenty percent (20%) of the total allocation
amount.
Funds shifted shall be within the original allocation. Authorization to shift funds IS NOT
authorization to exceed the original amount of the allocation. In no event shall payments
by the County under the Agreement exceed the Contract Maximum.
4. Funds may only be shifted among items listed in the original budget. No new budget items
or expenditure categories may be funded without an amendment to this Agreement.
Schedule C
Contractor's Project Application
C-1