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Lodging Tax Service Agreement
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2026-08-04 10:00 AM - Commissioners' Agenda
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Lodging Tax Service Agreement
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Last modified
7/30/2026 12:06:37 PM
Creation date
7/30/2026 12:05:50 PM
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Meeting
Date
8/4/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a 2026 Lodging Tax Services Agreement between the City of Ellensburg and Kittitas County for the County Event Center Rodeo Grandstands Project
Order
5
Placement
Consent Agenda
Row ID
147059
Type
Contract
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County shall provide the City access to (and the City shall have the right to examine, audit <br />and copy, with or without notice) all of the County's books, documents, papers and records <br />related to the Services or this Agreement. <br />f. The County understands and acknowledges that the County is solely responsible for its <br />own reporting and accounting of all state, federal, social security, and local taxes, of every <br />nature, arising from the County's performance of this Agreement. <br />g. The County acknowledges and agrees that the Project is a public works project subject to <br />the laws of the State of Washington. The County shall ensure that all work performed by <br />third -party general contractors or subcontractors complies fully with all applicable public <br />works requirements under Washington law, including but not limited to public works bonds <br />and retainage pursuant to Chapters 39.08 and 60.28 RCW. <br />h. The County shall require that its primary contractor and any subcontractors pay prevailing <br />wages to all laborers, workers, or mechanics in compliance with Chapter 39.12 RCW. No <br />lodging tax funds shall be released by the City as reimbursement until the County confirms <br />that all applicable statutory intents to pay prevailing wages and affidavits of wages paid have <br />been properly filed with the Washington State Department of Labor & Industries (L&I) by the <br />executing contractors. <br />i. The City's lodging tax funding is expressly conditioned upon the project's strict adherence <br />to these public works statutes. Any underpayment of prevailing wages or failure to secure <br />required public works bonds by the County's third -party agents shall be the sole <br />responsibility of the County, and the City shall assume no liability or financial exposure for <br />statutory non-compliance. <br />Section 4. Indemnity and Hold Harmless. <br />The City assumes no liability for the County's actions under this Agreement, including the <br />actions of any contractor or subcontractor hired by the County to perform the services described <br />in Exhibit "A". The County shall defend, indemnify, and hold harmless the City, its officers and <br />employees, agents, representatives, attorneys and/or volunteers, from and against claims <br />arising from the County's negligent acts, errors, omissions, breach, or the acts of those for <br />whom the County is legally responsible including: <br />a. Any lien asserted upon any property of the City in connection with the Services for this <br />Agreement; or <br />b. Any breach of or default under this Agreement by the County. <br />Section 5. Compliance with Public Records Law. <br />a. In compliance with Washington's public records law, the City will retain copies of any <br />documents associated with this Agreement, which may be required by law unless legally <br />exempt from such retention, for any applicable legally required retention period. <br />b. In the event a public records request is made to the City for documents created in relation <br />to this Agreement, should legal uncertainty arise regarding the disclosability of any <br />documents under federal or state public records laws, the City shall provide notice to the <br />
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