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2020 LODGING TAX SERVICES AGREEMENT
<br />BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY ENVIROMENTAL EDUCATION NETWORK
<br />This Contract, effective January 1, 2020 is made and entered into by and between KITTITAS COUNTY (“County”), a subdivision of the State of Washington, and KITTITAS ENVIROMENTAL EDUCATION
<br />NETWORK (“Contractor”), for the 2020 Yakima River Canyon Bird Fest (“Event”).
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<br />WHEREAS, the purpose of this Agreement is to provide for activities and expenditures designed to increase tourism,
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<br />NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Contractor mutually agree as follows:
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<br />Section 1. Scope of Work.
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<br />Contractor shall provide the services and staff described in its Application for Lodging Tax Funds submitted to the Lodging Tax Advisory Committee, attached hereto as Exhibit “A” which
<br />is attached hereto and incorporated herein by this reference.
<br />Except as otherwise specifically provided in this Agreement, Contractor shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance
<br />with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished,
<br />together with all other obligations performed, or required to be performed, by Contractor under this Agreement are collectively referred to herein as “Services.”
<br />Contractor shall commence, perform and complete such Services in accordance with Exhibit “B” which is attached hereto and incorporated herein by this reference.
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<br />Section 2. Payment.
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<br />a. As full compensation for satisfactory performance of the Contractor’s Services, the County agrees to pay Contractor the sum of fifteen thousand dollars ($15,000) (Kittitas Co. lodging
<br />tax funding).
<br />b. Additional payment terms: The County will make payment to the Contractor only on a reimbursement basis, as receipts/invoices for any items including marketing and/or advertising
<br />are submitted to the County, not to exceed the sum of fifteen thousand dollars ($15,000) (Kittitas Co. lodging tax funding).
<br />c. Services/Expenses that are reimbursed must be dated during the current year and final date to submit reimbursements requests is January 15, 2021 after this date funds lapse.
<br />d. Requests for reimbursements must be submitted to:
<br /> Kittitas County Auditor
<br /> Attn: Auditor’s Accounting
<br /> 205 West 5th Ave – Suite 105
<br /> Ellensburg, WA 98926
<br /> auditorsaccounting@co.kittitas.wa.us
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<br />e. Reporting requirements of your events will be required on prescribed forms from the County Auditor.
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<br />f. Contractor is eligible to claim reimbursement for the following items and amounts only:
<br />Advertising and promotion (Cornell Bird Lab, Facebook/Social Media, Bird Watchers Digest, NPR, All About Bird).
<br />Design Fees (for posters and other promotional materials).
<br />Printing (for posters, flyers, and event program).
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<br />g. Contractor is not eligible to claim reimbursement for any items not listed in Section 2 (f) and is further expressly denied funding for the following items as requested in the application
<br />as defined in Section 1(a): No Mailing fees.
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<br />h. Contractors requesting reimbursement for event-specific expenses shall submit all claims as no more than two reimbursement requests with supporting documentation.
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<br />I. Contractors must complete the Lodging Tax Reimbursement online training course provided by the County Auditor’s office prior to filing reimbursement claim. Requests for reimbursement
<br />will not be accepted by the County Auditor prior to the training being completed. The training may be found online at the Kittitas County Auditor’s website at the following address:
<br /> http://www.co.kittitas.wa.us/auditor/default.aspx
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<br />Section 3. Performance by Contractor.
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<br />Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent
<br />of the County. Any such delegation or subcontracting without the County’s prior written consent shall be voidable at the County’s option.
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<br />Contractor shall at all times be an independent contractor and not an agent or representative of the County with regard to performing the Services. Contractor shall not represent that
<br />it is, or hold itself out as, an agent or representative of the County. In no event shall Contractor be authorized to enter into any Agreement or undertaking for or on behalf of the
<br />County. It is understood that the Contractor and the Contractor’s staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees
<br />of the County.
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<br />Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority
<br />(including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Contractor shall furnish such documents as may be required to effect
<br />or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference.
<br /> Contractor agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement.
<br />The County and the Contractor agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age,
<br />sex, marital status, or the presence of a physical, sensory, or mental handicap.
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<br />The Services shall at all times be subject to inspection by and approval of the County, but the County’s making (or failure or delay in making) such inspection or approval shall not
<br />relieve Contractor of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County’s knowledge of defective or non-complying performance, or the
<br />substantiality or ease of discovering the same. Contractor shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to
<br />such facilities.
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<br />This contract is subject to review by any Federal or State auditor. Contractor shall promptly furnish the County or its designee, or such Federal or State auditor with such information
<br />related to the Services as may be requested by the applicable governmental entity. Contractor shall preserve and maintain all financial records and records relating to performance of
<br />Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Contractor shall provide
<br />the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Contractor’s books, documents, papers and records related to the
<br />Services or this Agreement.
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<br />Contractor understands and acknowledges that Contractor is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature,
<br />arising from Contractor’s performance of this Agreement. All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year
<br />in accord with the applicable IRS regulations.
<br />Section 4. Release, Indemnity, and Hold Harmless.
<br />The County assumes no liability for the Contractor’s actions under this Agreement. Contractor releases and shall defend, indemnify, and hold harmless the County, its officers and employees,
<br />agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees)
<br />which arise or may arise or be alleged to arise out of or by reason of this Agreement including:
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<br />Any fault, negligence, strict liability or product liability of Contractor in connection with the Services for this Agreement;
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<br />Any lien asserted upon any property of the County in connection with the Services for this Agreement;
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<br />Any failure of Contractor, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect,
<br />of any governmental authority; or
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<br />Any breach of or default under this Agreement by Contractor.
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