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HomeMy WebLinkAboutRes-2018-131 Interlocal AmendmentBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018-I B I A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT REGARDING LODGING TAX FUNDS WHEREAS, Kittitas County and the incorporated municipalities within the county entered into a lnterlocal Agreement regarding the distribution of lodging tax funds; and WHEREAS, the County, along with those involved municipalities, desires to amend said agreement; and WHEREAS, the County finds it in the public interest to amend said agreement. Now, Therefore, Be it Resolved: The BOCC Chairman is authorized to execute the attached amendment to the interlocal agreement regarding lodging tax funds. BOARD OF COUNTY COMMISSIONERS KITT S TY, WASHINGTON La~a• , i2f!e {M2 /i Obi O'Brien, Vice-Chair if'-2 origh,Commissioner To Be Displayed on Cly and County Websites AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS T hi s Ag ree men t is made and e nte red into this 2 / S day of {4l~ LI St , 20 18 by and betw een the cit ie s of E ll ensbu rg, Ros lyn and C le Elum W as hingto n 1mmi ipal corp ora t ions (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively, "Municipalities"). WHEREAS, Ch. 67.28 RCW provides for the collection and use of lodging tax revenues by local jurisdictions subject to certain conditions as set fotth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an lnterlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows: 1. Section 2(C) shall be amended to read as follows: C. Coordinated Funding. Each pa1ticipating municipality will make available 13% of their annual lodging tax collections to be awarded through the consolidated lodging tax grant process. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying app I icati ons). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG / fl ;:;J { , Mayoi· --- AUe;:st · ~0 City erk Consolidated Lodging Tax Grant Process Interlocal Amendment -1 Approved as to form: City Attorney CITY OF ROSLYN Mayor Prosecuting Attorney CITY OF CLE ELUM Mayor Consolidated Lodging Tax Grant Process lilterlocal Amendment -2 To Be Displayed on City and County Websites AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS This Agreement is made and entered into this 6' 4-t~n.y of 3 __ , 2018, by and between the cities of Ellensburg, Roslyn, and Cle Elum, Wa hington mun ic r a l corporations (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")(collectively, "Municipalities"). WHEREAS, Ch. 67 .28 RCW provides for the collection and use of lodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an lnterlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows : 1. Section 2(C) shall be amended to read as follows: C. Coordinated Funding. Each participating municipality will make available 13% of their annual lodging tax collections to be awarded through the consolidated lodging tax grant process. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying applications). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG Mayor Attest: City Clerk Vice-Chainnan Commissioner Consolidated Lodging Tax Grant Process Interlocal Amendment -l Approved as to form: City Attorney CITY OF ROSLYN ~~ Mayor Prosecuting Attorney CITY OF CLE ELUM Mayor Consolidated Lodging Tax Grant Process Interlocal Amendment -2 To Be Displayed 011 City a11d County Websites AMENDMENT TO AN INTERLOCAL AGREErvIBNT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS 1'hls Agreement is made ru1d entered. foto this 2./Sf day of ljJ_Ltl.Llf, , 2018 by aQd benveen the cities of Ellensburg, Roslyn, and CJe E lum Washington muniliipal corporations (the 'Cities" or ' · ity"), and .Kittitas County, a polilicaJ subdivision of the State of Washington (the "County")( collectively, "Municipalities"). WHEREAS, Ch. 67.28 RCW provides for the collection and use oflodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an Interlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows: 1. Section 2(C) shall be amended to read as follows: C. Coordinated Funding. Each participating municipality will make available 13% of their annual lodging tax collections to be awarded through the consolidated lodging tax grant process. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying applicati.o.ns). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG Mayor Attest: City Clerk Vice-Chainnan Comm.1ss1ouer Consolidated Lodging Tax Grant Process Interlocal Amendment -1 - Approved as to form: City Attorney CITY OF ROSLYN Approved as to form: Mayor Prosecuting Attorney CITY OF CLE E M Jl1 J/2.-•-~ Consolidated Lodging Tax Grant Process lnterlocal Amendment -2 BOARD OF COUNTY COMMISSIONERS COUNTY OF KlTTITAS STATE OF WASHINGTON RESOLUTOIN NO. 2014-CJ~ A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR A CONSOLIDATED LODGING TAX GRANT PROCESS Whereas: \Vhereas: Whereas: the municipalities of Ellensburg, Roslyn, Cle Elum and Kittitas County collect and distribute lodging taxes pursuant to Ch. 67.28 RCW; and a coordinated process between these four municipalities for this endeavor would be more efficient and such process is described in the attached Interlocal Agreement for a Consolidated Lodging Tax Grant Process; and the Board of County Commissioners of Kittitas County finds the agreement to be in the public interest, and, have determined to enter into said agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended. Now, Therefore, Be it Resolved: The Kittitas County Board of County Commissioners hereby approves entry into the attached agreement entitled Interlocal Agreement Between Kittitas County And The Cities Of Ellensburg, Roslyn, and Cle Elum For A Consolidated Lodging Tax Grant Process and authorizes the execution of said agreement. DATED this L-j. f-f) day of Fckta1~Mrp , 2014, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS 1T ~., I Y, WASHINGTON Gary Berndt Vice-Chair &,~ ATTEST: To Be Displayed on City and County Websites INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS ----- This Agreement is made and entered into this i.fP-, day of R bnut,ts,_, 201{, by and between the cities of Ellensburg, Roslyn, and Cle Elum, Washington municipai' rp rnli on (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch. 67.28 RCW provides for the collection and use oflodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, tourism and related service industries have become an important industry in Kittitas County by providing or supporting jobs which enhance the local economy; and WHEREAS, each jurisdiction distributes funds to tourism-related projects and activities through a variety of means and methods; and WHEREAS, the Municipalities each have a grant application and award process for qualifying local projects and organizations which are not coordinated with each other and differ in the schedule for the applications and awards; and WHEREAS, the separate lodging tax application and awards process may result in organizations applying to multiple agencies for the same project, which can lead to overlapping funding awards for the same project, limiting opportunities for other qualified applicants; and WHEREAS, lodging tax grant applicants must also fill out multiple applications and negotiate different processes for each municipality at different times of the year, which may create confusion among applicants and awarding jurisdictions, as well as resulting in funding uncertainty for an event because an applicant has to apply to multiple jurisdictions for the same project at different times of the year; and WHEREAS, the Municipalities intend by this Agreement to streamline, consolidate, coordinate and standardize the process for application, review and award oflodging tax grant awards; and WHEREAS, this Agreement for cooperative services is authorized by the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act, NOW, THEREFORE, it is hereby agreed as follows: Consolidated Lodging Tax Grant Process Interlocal -1 1. Purpose. The purpose of this Agreement is to set forth the respective responsibilities of the Cities of Ellensburg, Roslyn, and Cle Elum and Kittitas County regarding the provision for a consolidated lodging tax grant process. 2. Scope of Activities. The Municipalities will implement as soon as reasonably feasible the process for consolidating the lodging tax application and review process as set forth in the "Consolidated Lodging Tax Grant Process Proposal," as described in Subsections A through G of this Section of the Interlocal Agreement: A. Consolidated Application. The Chairperson from each Lodging Tax Advisory Committee ("LT AC"), or jurisdictional appointees if there is no LTAC, will review existing applications and draft a consolidated application, including instructions for applicants, which will include the pre-activity reporting requirements as set forth in RCW 67 .28.1816(2)( a)-(b ). The draft consolidated application will be forwarded to each municipality's LTAC (or other appointees if there is no LTAC) for review and comment. The final consolidated application will be sent for approval by the legislative bodies for the Municipalities. After approval, applicants for lodging tax grants will be required to submit applications to the County for distribution. B. Coordinated Schedule. The schedule for application deadlines, review and awards will be coordinated by the Municipalities. C. Coordinated Funding. Each participating municipality will decide annually prior to the application acceptance pe1iod on its authorized level of funding which will be made available for lodging tax grants. Considerations by each municipality may include how much tax is collected or anticipated to be collected that year, any outstanding obligations related to the lodging tax fund, any available lodging tax fund balance, or any other use of the lodging tax funds not related to grants for local events and project. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying applications). D. Streamlined Application Review and Award Process. Lodging tax grant applications will be processed as follows: 1) Categorize applications. Applicants may apply for one or both funding categories. Applications will be categorized as follows: a) New Projects/Events. This category is for applications from events/projects which are within the first four ( 4) years of existence. Applications may also be considered in this category for established projects/events which have previously received funding but are proposing a new or expanded project/event which will increase tourism as part of an ongoing project/event. Consolidated Lodging Tax Grant Process lnterlocal -2 b) Ongoing Project/Event Support. This category is for applications from established projects/events (ongoing for more than four (4) years) which may request continuing support. Grant awards are limited in this category to no greater than 10% of the projects's/event's expense budget. Review, R an.king and. Recomm end a ions b y L T A C's. The County will compile and distnbute all applications to the various funding jurisdictions for review by each LTAC (or appointee(s) ifno LTAC) for review, ranking, and funding recommendation, which will then be processed as follows: a) Each jurisdiction's LT AC ( or other) will review each application and assign it a numerical rating based upon an agreed scoring system. b) Each jurisdiction's LTAC (or other) will rank the applications in order by score. c) Each jurisdiction's LTAC (or other) will produce a recommended funding level, considering each application in order of rank, and including any additional comments which provide insight into the respective funding decision. If any applications are disqualified, an explanation shall be provided explaining the reason. d) The ratings, rankings, and recommendations from each LT AC ( or other) will be submitted to the County. 2) LTAC Wo rk G roup Revfow . The County will compile the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LT AC work group which will be comprised of three members from the LT AC of each participating municipality ( or appointees if there is no LT AC) for consideration. The County will act as Chair of the work group. After submission: a . The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. The work group will review the recommendations, deliberate publicly, and make final recommendations based upon the master list. All decisions will be made by simple majority v ote. In the event of a tie vote, the application or motion will be deemed to have been rejected or failed, respectively. c. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legislative Decision. The County will submit the work group's final recommendations for funding local events and festivals to each funding jurisdiction's legislative body for final decision and action. If a legislative body does not approve the work group's final recommendations, the legislative body must notify the chair of the work group in writing with specific objections. The work group will reconvene in a public meeting to reconsider the final recommendations. After reconsideration, the county will re-submit the work Consolidated Lodging Tax Grant Process Interlocal -3 group's final recommendation to each funding jurisdictions for final decision and action. 4) N0tificatio11. The County will notify all applicants of the final grant decisions on behalf of the funding municipalities. E. Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participating entities prior to being utilized. As with the other coordination and streamlining, the County would likely be the logical choice for the contracting agency. F. Streamlined Reimbursement Process. Grant reimbursement requests from awardees will be sent to the County for review for consistency of the grant authorization and contract prior to issuing a reimbursement. Each participating entity's share will then he hilled hy the County to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perform this service at no administrative cost to the other participants. G. Post-Activity Reports. Each grant recipient will comply with the post-activity reporting requirements of RCW 67.28. l 816(2)(c) and provide copies of the report to all Municipalities. The County will prepare and submit all required post-activity reports to the Joint Legislative and Audit Review Committee (JLARC), which will conform to the reporting requirements of Ch. 67.28 RCW. 3. Duration/Temlinali n. This Agreement shall remain in full force and effect until tenninated by agreement of the parties, or by written notice of termination given by one party to the other parties at least thirty (30) days prior to the date of such tennination; PROVIDED, that this Agreement shall remain in full force and effect as to the remaining parties hereto so long as at least two parties remain active participants. 4. Di pules. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board . The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement tenns and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 5. Indemnification. Consolidated Lodging Tax Grant Process Interlocal -4 A. The County shall indemnify and hold harmless the Cities and their officers, agents employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of the County, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss or damage is brought against the Cities, the County shall defend that same at its sole cost and expense, provided that the Cities retain the right to participate in said suit if any principle or governmental or public law is involved; and if final judgment be rendered against the Cities or their officers, agents, employees and elected officials, or any of them, or jointly against the Cities and the County and their respective officers, agents, employees and elected officials, or any of them, the County shall satisfy the same. B. The Cities shall indemnify and hold harmless the County and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of the Cities, their officers, agents, employees and elected officials, or any of them, relating to or arising out of the perfo1mance of this contract. In the event that any suit bases upon such a claim, action, loss or damage is brought against the County, the Cities shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County or its officers, agents, employees and elected officials, or any of them, or jointly against the County and the Cities and their respective officers, agents, employees and elected officials, or any of them, the Cities shall satisfy the same. 6. F uture s upp ott. No party to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. 7. ornpliance with law . Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 8. Rel alio11ship oft'he pa11ies. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of the Cities for any purpose, and the employees of the County are not entitled to any of the benefits the Cities provide to City employees. No agent, employee or representative of the Cities shall be deemed to be an agent, employee or representative of the County for any purpose, and the employees of the Cities are not entitled to any of the benefits the County provides to County employees. 9. N011 -del gat ion l No n-as i gmnimL No party may delegate the performance of any contractual obligation to a third party, unless agreed in writing by all other parties. No party may assign this Agreement without the written consent of the other parties. 10. .Agreemenl not for ben efit of th ird parties. This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties. Consolidated Lodging Tax Grant Process Interlocal -5 11. Go ve1:nin g law; v enue. This Agreement shall be governed by and construed in accordance with the Laws of State of Washington. The venue for any action to enforce or interpret this Agreement shall be in the Kittitas County Superior Court. 12. En tire agr ecm nt; mod ificatio n. This Agreement constitutes the entire Agreement of the parties. The provisions of this Agreement may be modified or amended only by written mutual consent of the parties. 13. Wa.ive r. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 14. Seve1·abilit y. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder confmms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 15. Ratification. Acts taken in conformity with this Agreement prior to its execution are hereby ratified and affirmed. 16. Administration and notices. This Agreement will be administered on behalf of the Cities by, and all notices to be issued to the Cities shall be addressed to the attention of: City of Ellensburg Attn: Lodging Tax Grant Application 501 N. Anderson Street Ellensburg, WA 98926 City of Roslyn Attn: Lodging Tax Grant Application 100 E. Pennsylvania Ave P.O. Box 451 Roslyn, WA 98941 City of Cle Elum Attn: Lodging Tax Grant Application 119 West First Street Cle Elum, WA 98922 This Agreement will be administered on behalf of the County by, and all notices to be issued to the County by the Cities shall be addressed to the attention of: Kittitas County Auditor Attn: Lodging Tax Grant Application Consolidated Lodging Tax Grant Process Interlocal -6 205 West 5th , Suite Ellensburg, WA 98926 17. Filing. Pursuant to RCW 39.34.040, this Agreement shall be posted on the Kittitas County and City of Ellensburg public websites and/or filed with the County Auditor. 18. Financing. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this agreement. 19. Property. This interlocal agreement does not provide for the acquisition, holding or disposal of real or personal property. 20. Joint Administration. No separate legal or administrative entity is created by this agreement. Consolidated Lodging Tax Grant Process Interlocal -7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. Mayor rg °to;1--11..Lrn=-n~:.........:~------ City Clerk (()/~cw8 (?_____, 1"' 1"111 r OIJ •1J1 11 iS SiO Jl e r ,,,, COi '' ..,,, J'( ; . ' .. ' ,,,~ :'II ~, J.•····· ... •.J I. ~ -i,~ ~ ..... · ·• ... q ,..~~ ,. oo .· ·. '[t, - Approved as to form: ff /.-( :-:-. -A tl qs t\ ~\ /;; ~ ~3 :" ,: C,...............c--,:; _.., ·. -----------------'.,:+--_-: ~ City Attorney CITY OF ROSLYN Approved as to form: Mayor Prosecuting Attorney CITY OF CLE ELUM Mayor Consolidated Lodging Tax Grant Process Interlocal -8 To Be Displayed on City and County Websites INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS This Agreement is made and entered into this J...r2._day of ~0i/e /Y2k/';2013, by and between the cities of Ellensburg, Roslyn, and Cle Elum, Washington municipal corporations (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch . 67 .28 RCW provides for the collection and use of lodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, tourism and related service industries have become an important industry in Kittitas County by providing or supporting jobs which enhance the local economy; and WHEREAS, each jurisdiction distributes fu nds to tourism-related projects and activities through a variety of means and methods; and WHEREAS , the Municipalities each have a grant application and award process for qualifying local projects and organizations which are not coordinated with each other and differ in the schedule for the applications and awards; and WHEREAS, the separate lodging tax application and awards process may result in organizations applying to multiple agencies for the same project, which can lead to overlapping funding awards for the same project, limiting opportunities for other qualified applicants; and WHEREAS, lodging tax grant applicants must also fill out multiple applications and negotiate different processes for each municipality at different times of the year, which may create confusion among applicants and awarding jurisdictions, as well as resulting in funding uncertainty for an event because an applicant has to apply to multiple jurisdictions for the same project at different times of the year; and WHEREAS, the Municipalities intend by this Agreement to streamline, consolidate, coordinate and standardize the process for application, review and award of lodging tax grant awards; and WHEREAS, this Agreement for cooperative services is authorized by the provisions of Chapter 3 9 .34 RCW, the Interlocal Cooperation Act, NOW, THEREFORE, it is hereby agreed as follows: Consolidated Lodging Tax Grant Process Interlocal -1 1. Purpose. The purpose of this Agreement is to set forth the respective responsibilities of the Cities of Ellensburg, Roslyn, and Cle Elum and Kittitas County regarding the provision for a consolidated lodging tax grant process. 2. Scope of Act ivities . The Municipalities will implement as soon as reasonably feasible the process for consolidating the lodging tax application and review process as set forth in the "Consolidated Lodging Tax Grant Process Proposal," as described in Subsections A through G of this Section of the Interlocal Agreement: A. Consolidated Application. The Chairperson from each Lodging Tax Advisory Committee ("LTAC"), or jurisdictional appointees if there is no L TAC, will review existing applications and draft a consolidated application, including instructions for applicants, which will include the pre-activity reporting requirements as set forth in RCW 67.28.1816(2)(a)-(b ). The draft consolidated application will be forwarded to each municipality's LTAC (or olher appointees if there is no LTAC) for review and comment. The final consolidated application will be sent for approval by the legislative bodies for the Municipalities. After approval, applicants for lodging tax grants will be required to submit applications to the County for distribution. B. Coordinated Schedule. The schedule for application deadlines, review and awards will be coordinated by the Municipalities. C. Coordinated Funding. Each participating municipality will decide annually prior to the application acceptance period on its authorized level of funding which will be made available for lodging tax grants. Considerations by each municipality may include how much tax is collected or anticipated to be collected that year, any outstanding obligations related to the lodging tax fund, any available lodging tax fund balance, or any other use of the lodging tax funds not related to grants for local events and project. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying applications). D. Streamlined Application Review and Award Process. Lodging tax grant applications will be processed as follows: 1) Categorize app lica.tions . Applicants may apply for one or both funding categories. Applications will be categorized as follows: a) New Projects/Events. This category is for applications from events/projects which are within the first four ( 4) years of existence. Applications may also be considered in this category for established projects/events which have previously received funding but are proposing a new or expanded project/event which will increase tourism as part of an ongoing project/event. · Consolidated Lodging Tax Grant Process Interlocal -2 b) On going Proj ecl/Even l Suppor t. This category is fo r applicat ion from establi shed prQj ects/eveuts (on g oing fo r more th an fo ur (4) y ars) which may request continuing support . Grant awards are limited in this category to no greater than 10% of the projects's/event's expense budget. Review . R an king and Recom mend ation s by LT A C' s . The County will compile and distribute all applications to the various funding jurisdictions for review by each LTAC (or appointee(s) ifno LTAC) for review, ranking, and funding recommendation, which will then be processed as follows: a) Each jurisdiction's LTAC (or other) will review each application and assign it a numerical rating based upon an agreed scoring system. b) Each jurisdiction's LTAC (or other) will rank the applications in order by score. c) Each jurisdiction's LTAC (or other) will produce a recommended funding level, considering each application in order ofrank, and including any additional comments which provide insight into the respective funding decision. If any applications are disqualified, an explanation shall be provided explaining the reason. d) The ratings, rankings, and recommendations from each LTAC (or other) will be submitted to the County. 2) LTAC Work Grou o R ev iew. The County will compile the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LTAC work group which will be comprised of three members from the LT AC of each participating municipality (or appointees ifthere is no LTAC) for consideration. The County will act as Chair of the work group . After submission: a. The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. The work group will review the recommendations, deliberate publicly, and make final recommendations based upon the master list. All decisions will be made by simple majority vote. In the event of a tie vote, the application or motion will be deemed to have been rejected or failed, respectively. c. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legis lative D ecision . The County will submit the work group's final recommendations for funding local events and festivals to each funding jurisdiction's legislative body for final decision and action. If a legislative body does not approve the work group's final recommendations, the legislative body must notify the chair of the work group in writing with specific objections. The work group will reconvene in a public meeting to reconsider the final recommendations. After reconsideration, the county will re-submit the work Consolidated Lodging Tax Grant Process lnterlocal -3 group's final recommendation to each funding jurisdictions for final decision and action. 4) Notificati on . The County will notify all applicants of the final grant decisions on behalf of the funding municipalities. E. Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participating entities prior to being utilized. As with the other coordination and streamlining, the County would likely be the logical choice for the contracting agency. F. Streamlined Reimbursement Process. Grant reimbursement requests from awardees will be sent to the County for review for consistency of the grant authorization and contract prior to issuing a reimbursement. Each paiiicipating entity's share will then be billed by the County to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perform this service at no administrative cost to the other participants. G. Post-Activity Reports. Each grant recipient will comply with the post-activity reporting requirements ofRCW 67.28.1816(2)(c) and provide copies of the report to all Municipalities. The County will prepare and submit all required post-activity reports·to the Joint Legislative and Audit Review Committee (JLARC), which will conform to the reporting requirements of Ch. 67.28 RCW. 3. Duration/Term inati on. This Agreement shall remain in full force and effect until terminated by agreement of the parties, or by written notice of termination given by one party to the other parties at least thirty (30) days prior to the date of such termination; PROVIDED, that this Agreement shall remain in full force and effect as to the remaining parties hereto so long as at least two parties remain active participants. 4. D isputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 5. Indemnification. Consolidated Lodging Tax Grant Process Interlocal -4 A. The County shall indemnify and hold harmless the Cities and their officers, agents employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs , expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of the County, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss or damage is brought against the Cities, the County shall defend that same at its sole cost and expense, provided that the Cities retain the right to partic ip ate in said suit i f any princ ipl e or govemmeota l or pub li c law is inv lved; and if fina l judgment b e rendeFed against the ities or their offic ers, agents, employees and e lected offic ials, or at1y of them_, or jointl y aga in st th e Cities and the .... o unty an d theil· respective officer , agents, employees and elected officials, or any of them, th e Coun ty sh 11 ati sfy the same. B. The Cities shall indemnify and hold harmless the County and its officers, agents, employees and elected officials, or any of them, from any and all claims , actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of the Cities, their officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this contract. In the event that any suit bases upon such a claim, action, loss or damage is brought against the County, the Cities shall defend the same at its sole cost and expense; provided that the County retains the right to part ici pate in said su it if any princ iple of government.al or p ub lic law is involved; and if fi na l judgm ent b e ren d e re d against th e County or its ofi'icers agents, emp loyees and elected officials , or any of them, or jointly against the County and the ities an d th e ir respect i e o ffi cer , agents, employees and elected officials, or any of them, the Cities shall satisfy the same. 6. Futu re sup p ort. No party to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. 7. Compli a nce w ith law s . Each patty hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 8. R elationship of lh e part ies. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of the Cities for any purpose, and the employees of the Coun ty are not entrll ed to ~my of the benefits t h e Cities prov ide to City employees. No agent, em pl oyee or r eprese n tati ve of the Ci ties h ail b e de eme d to be an agent, employee or representative of the County for any p urpose, and the employees of the Cities are not entitled to any of the benefits the County provides to County employees. 9 . N on-de legalio.o / N on-ass ignment. No party may delegate the performance of any contractual obligation to a third party, unless agreed in writing by all other parties. No party may assign this Agreement without the written consent of the other parties . 10. Agreement not for be nefit f t hird parties. This Agreement is entered into solely for the benefit of the pa11ies hereto and vests no rights in, or is it enforceable by, any third parties. Consolidated Lodging Tax Grant Process Interlocal -5 11. Governing law; venue. This Agreement shall be governed by and construed in accordance with the Laws of State of Washington. The venue for any action to enforce or interpret this Agreement shall be in the Kittitas County Superior Court. 12. E ntire agreement; modification. This Agreement constitutes the entire Agreement of the parties. The provisions of this Agreement may be modified or amended only by written mutual consent of the parties. 13. Waiv er. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 14. ·everabili ty. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 15. Ratification. Acts taken in conformity with this Agreement prior to its execution are hereby ratified and affirmed. 16. A dm i ni s tration a nd notices . This Agreement will be administered on behalf of the Cities by, and all notices to be issued to the Cities shall be addressed to the attention of: City of Ellensburg Attn: Lodging Tax Grant Application 501 N. Anderson Street Ellensburg, WA 98926 City of Roslyn Attn: Lodging Tax Grant Application 100 E. Pennsylvania Ave P.O. Box 451 Roslyn, WA 98941 City of Cle Elum Attn: Lodging Tax Grant Application 119 West First Street Cle Elum, WA 98922 This Agreement will be administered on behalf of the County by, and all notices to be issued to the County by the Cities shall be addressed to the attention of: Kittitas County Auditor Attn: Lodging Tax Grant Application Consolidated Lodging Tax Grant Process Interlocal -6 205 West 51 \ Suite Ellensburg, WA 98926 17. Filing. Pursuant to RCW 39.34.040, this Agreement shall be posted on the Kittitas County and City of Ellensburg public websites and/or filed with the County Auditor. 18. Fjrumcing. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this agreement. 19. Property. This interlocal agreement does not provide for the acquisition, holding or disposal of real or personal property. 20. Joint Administration. No separate legal or administrative entity is created by this agreement. Consolidated Lodging Tax Grant Process Interlocal -7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG Mayor Attest: ~~)J7 ·~=~=/~4=,=,=~~ _1.ut Vit:e -~.-m-an--------- 1 City Clerk Commissioner Approved as to form: City Attorney CITY OF ROSLYN Mayor Prosecuting Attorney CITY OF CLE ELUM f!tt,u~~vtJf-tr fay or Consolidated Lodging Tax Grant Process Interlocal -8 ~ tslu 1 '·-· i J To B e Displ ayed on City and Cou nty Web sit es INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS This Agreement is made and entered into this 'f/11 day of fe rn A 'A 201i, by and between the cities of Ellensburg, Roslyn, and Cle Elum, Washington municipal I rp(wat i ns (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch. 67.28 RCW provides for the collection and use oflodging tax revenues by local ju1isdictions subject to ce1iain conditions as set fmih therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, tourism and related service industries have become an important industry in Kittitas County by providing or supporting jobs which enhance the local economy; and WHEREAS , each jurisdiction di stributes funds to tourism-related projects and activities through a variety of means and methods; and WHEREAS, the Municipalities each have a grant application and award process for qualifying local projects and organizations which are not coordinated with each other and differ in the schedule for the applications and awards; and WHEREAS, the separate lodging tax application and awards process may result in organizations applying to multiple agencies for the same project, which can lead to overlapping funding awards for the same project, limiting opportunities for other qualified applicants; and WHEREAS, lodging tax grant applicants must also fill out multiple applications and negotiate different processes for each municipality at different times of the year, which may create confusion among applicants and awarding jurisdictions, as well as resulting in funding uncertainty for an event because an applicant has to apply to multiple jurisdictions for the same project at different times of the year; and WHEREAS, the Municipalities intend by this Agreement to streamline, consolidate, coordinate and standardize the process for application, review and award of lodging tax grant awards; and WHEREAS, this Agreement for cooperative services is authorized by the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act, NOW, THEREFORE, it is hereby agreed as follows: Consolidated Lodging Tax Grant Process Interlocal -1 1. Purpose. The purpose of this Agreement is to set forth the respective responsibilities of the Cities of Ellensburg, Roslyn, and Cle Elum and Kittitas County regarding the provision for a consolidated lodging tax grant process. 2. Sc op e of A ctiviti es. The Municipalities will implement as soon as reasonably feasible the process for consolidating the lodging tax application and review process as set fmth in the "Consolidated Lodging Tax Grant Process Proposal," as described in Subsections A through G of this Section of the Interlocal Agreement: A. Consolidated Application. The Chairperson from each Lodging Tax Advisory Committee ("LT AC"), or jurisdictional appointees if there is no LTAC, will review existing applications and draft a consolidated application, including instrnctions for applicants, which will include the pre-activity reporting requirements as set forth in RCW 67.28.1816(2)(a)-(b ). The draft consolidated application will be forwarded to each municipality's LTAC (or other appointees if there is no LT AC) for review and comment. The final consolidated application will be sent for approval by the legislative bodies for the Municipalities. After approval, applicants for lodging tax grants will be required to submit applications to the County for distribution. B. Coordinated Schedule. The schedule for application deadlines, review and awards will be coordinated by the Municipalities. C. Coo1·dinated Funding. Each participating municipality will decide annually prior to the application acceptance period on its authorized level of funding which will be made available for lodging tax grants. Considerations by each municipality may include how much tax is collected or anticipated to be collected that year, any outstanding obligations related to the lodging tax fund, any available lodging tax fund balance, or any other use of the lodging tax funds not related to grants for local events and project. The funds provided by each municipality will be noticed publicly for award consideration, and each municipality providing funding for the coordinated process shall be guaranteed grant awards will be made for applications that will directly impact that jurisdiction in an amount equal to or greater than the funding level which has been committed (subject to qualifying applications). D. Streamlined Application Review and Award Process. Lodging tax grant applications will be processed as follows: 1) ateg01ize app lications . Applicants may apply for one or both funding categories. Applications will be categorized as follows: a) New Projects/Events. This category is for applications from events/projects which are within the first four (4) years of existence. Applications may also be considered in this category for established projects/events which have previously received funding but are proposing a new or expanded project/event which will increase tourism as part of an ongoing project/event. Consolidated Lodging Tax Grant Process Interlocal -2 b) Ongoing Project/Event Support. This category is for applications from established projects/events (ongoing for more than four (4) years) which may request continuing support. Grant awards are limited in this category to no greater than 10% of the projects's/event 's expense budget. Rev iew. Ran ki n g and R eco mmen dati n s by TAC s. The County will compile and distribute all applications to the various funding jurisdictions for review by each LTAC (or appointee(s) ifno LTAC) for review, ranking, and funding recommendation, which will then be processed as follows: a) Eachjurisdiction's LTAC (or other) will review each application and assign it a numerical rating based upon an agreed scoring system. b) Each jurisdiction's LTAC (or other) will rank the applications in order by score. c) Eachjurisdiction's LTAC (or other) will produce a recommended funding level , considering each application in order of rank, and including any additional comments which provide insight into the respective fonding decision. If any applications are disqualified, an explanation shall be provided explaining the reason. d) The ratings, rankings , and recommendations from each LTAC (or other) will be submitted to the County. 2) V fAC Work G roup R eview . The County will complle the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LT AC work group which will be comprised of three members from the LTAC of each participating municipality ( or appointees if there is no LT AC) for consideration . The County will act as Chair of the work group. After submission: a . The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. The work group will review the recommendations, deliberate publicly, and make final recommendations based upon the master list. All decisions will be made by simple majority vote. In the event of a tie vote, the application or motion will be deemed to have been rejected or failed, respectively. c. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legislative D ecis ion. The County will submit the work group's final recommendations for funding local events and festivals to each funding jurisdiction's legislative body for final decision and action. If a legi slative body does not approve the work group's final recommendations , the legislative body must notify the chair of the work group in writing with specific objections. The work group will reconvene in a public meeting to reconsider the final recommendations. After reconsideration, the county will re-submit the work Consolidated Lodging Tax Grant Process Interlocal -3 group's final recommendation to each funding jurisdictions for final decision and action. 4) Notification. The County will notify all applicants of the final grant decisions on behalf of the funding municipalities. E. Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participating entities prior to being utilized. As with the other coordination and streamlining, the County would likely be the logical choice for the contracting agency. F. Streamlined Reimbursement Process. Grant reimbursement requests from awardees will be sent to the County for review for consistency of the grant autholization and contract prior to issuing a reimbursement. Each participating entity's share will then be billed by the County to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perfonn this service at no administrative cost to the other participants. G. Post-Activity Reports. Each grant recipient will comply with the post-activity repo1ting requirements ofRCW 67.28.1816(2)(c) and provide copies of the repmt to all Municipalities. The County will prepare and submit all required post-activity reports to the Joint Legislative and Audit Review Committee (JLARC), which will conform to the reporting requirements of Ch. 67.28 RCW. 3. Dutationfferminati n. This Agreement shall remain in full force and effect until terminated by agreement of the parties, or by written notice of tem1ination given by one paiiy to the other pa1iies at least thirty (30) days prior to the date of such tem1ination; PROVIDED, that this Agreement shall remain in full force and effect as to the remaining paiiies hereto so long as at least two parties remain active participants. 4. Dis) utes. In the event that a dispute arises under this Agreement, it shall be detennined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The detennination of the Dispute Board shall be final and binding on the pa1iies hereto. 5. Indenmificati on. Consolidated Lodging Tax Grant Process Interlocal -4 A. The County shall indemnify and hold hannless the Cities and their officers, agents employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of the County, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss or damage is brought against the Cities, the County shall defend that same at its sole cost and expense, provided that the Cities retain the right to pa1ticipate in said suit if any principle or governmental or public law is involved; and if final judgment be rendered against the Cities or their officers, agents, employees and elected officials, or any of them, or jointly against the Cities and the County and their respective officers, agents, employees and elected officials, or any of them, the County shall satisfy the same. B. The Cities shall indemnify and hold harmless the County and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of the Cities, their officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this contract. In the event that any suit bases upon such a claim, action, loss or damage is brought against the County, the Cities shall defend the same at its sole cost and expense; provided that the County retains the right to pa1ticipate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County or its officers, agents, employees and elected officials, or any of them, or jointly against the County and the Cities and their respective officers, agents, employees and elected officials, or any of them, the Cities shall satisfy the same. 6. Futllre suppor. No pa1ty to this Agreement makes any commitment to future support and assumes no obligation for future suppmt of any activity contracted for herein, except as may be expressly set fo1th in this Agreement. 7. Compliance with laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 8. Relatio.uship oftbe p~ties. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of the Cities for any purpose, and the employees of the County are not entitled to any of the benefits the Cities provide to City employees. No agent, employee or representative of the Cities shall be deemed to be an agent, employee or representative of the County for any purpose, and the employees of the Cities are not entitled to any of the benefits the County provides to County employees. 9. Non-delegation/ N n-assignment. No party may delegate the performance of any contractual obligation to a third party, unless agreed in writing by all other parties. No party may assign this Agreement without the written consent of the other parties. 10. Agreemeni not for benefit of third parties. This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third pa11ies. Consolidated Lodging Tax Grant Process Interlocal -5 11. Governing l_aw; venue. This Agreement shall be governed by and construed in accordance with the Laws of State of Washington. The venue for any action to enforce or interpret this Agreement shall be in the Kittitas County Superior Court. 12. Entire agreement: modification. This Agreement constitutes the entire Agreement of the paities. The provisions of this Agreement may be modified or amended only by written mutual consent of the parties. 13. Wai.ver . A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other 1ights under this Agreement unless stated to be such in a writing signed by an auth01ized representative of the patty and attached to the original Agreement. 14. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder confo1111S to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 15. Ratification. Acts taken in conformity with this Agreement prior to its execution are hereby ratified and affinned. 16. Administration and notices. This Agreement will be administered on behalf of the Cities by, and all notices to be issued to the Cities shall be addressed to the attention of: City of Ellensburg Attn: Lodging Tax Grant Application 501 N. Anderson Street Ellensburg, WA 98926 City of Roslyn Attn: Lodging Tax Grant Application 100 E. Pennsylvania Ave P.O. Box 451 Roslyn, WA 98941 City of Cle Elum Attn: Lodging Tax Grant Application 119 West First Street Cle Elum, WA 98922 This Agreement will be administered on behalf of the County by, and all notices to be issued to the County by the Cities shall be addressed to the attention of: Kittitas County Auditor Attn: Lodging Tax Grant Application Consolidated Lodging Tax Grant Process Interlocal -6 205 West 5t11, Suite Ellensburg, WA 98926 17. Filing. Pursuant to RCW 39.34.040, this Agreement shall be posted on the Kittitas County and City of Ellensburg public websites and/or filed with the County Auditor. 18. Financing. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this agreement. 19. Property. This interlocal agreement does not provide for the acquisition, holding or disposal of real or personal property. 20. Joint Administration. No separate legal or administrative entity is created by this agreement. Consolidated Lodging Tax Grant Process Interlocal -7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG Mayor Attest: City Clerk Approved as to fom1: City Attorney CITY OF CLE ELUM Mayor ~----'" 1 fi Jt Vi e--Chain\-1nn &LK~ Commissioner Prosecuting Attorney Consolidated Lodging Tax Grant Process Interlocal -8 To Be Displayed on Cty and County Websites AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PRO<;ESS This ~~reeme nt is made and entered into t11.is J /.1'111 da~ of [J .lt"'.'j!J~ft • 201 ~ by and between the c1lt es ofE Uensburg, Roslyn, and Cle Elum , Washmgton mum ci pal corporations (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch. 67 .28 RCW provides for the collection and use of lodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an Interlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows: 1. Section 2(0)(2) and (3) shall be amended to read as follows: 2) LTAC Work Gt'oup Review. The County will compile the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LT AC work group which will be comprised of three members from the LTAC of each participating municipality ( or appointees if there is no LTAC) for consideration. The master list of rankings based on the averages will be considered final and shall not be changed by the work group, except for final funding recommendations. The County will act as Chair of the work group . After submission: a. The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. Applicants which do not receive an average rating of 50 points or greater according to the ranking process described above (Review, Ranking and Recommendations by LTAC's) shall be ineligible for funding consideration and shall not make a presentation. c. The work group will review the recommendations, deliberate publicly, and make final funding recommendations based upon the master list. All decisions will be made by simple majority vote. In the event of a tie vote, Consolidated Lodging Tax Grant Process Interlocal Amendment-1 the application or motion will be deemed to have been rejected or failed, respectively. d. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legislative Decision. The County will submit the work group's final recommendations for funding events and projects to each funding jurisdiction's legislative body for final decision and action. If a legislative body does not approve the work group's final recommendations, the legislative body must notify the chair of the work group in writing with specific objections. The work group will reconvene in a public meeting to reconsider the final recommendations. After reconsideration, the county will re-submit the work group's final recommendation to each funding jurisdictions for final decision and action. 2. Sections 2(E) and (F) shall be amended to read as follows: (E) Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participating entities prior to being utilized. As with the other coordination and streamlining, the County shall be the contracting agency. (F) Streamlined Reimbursement Process. Grant reimbursement requests from recipients will be sent to the Kittitas County Auditor for review for consistency of the grant authorization and contract prior to issuing a reimbursement. Each participating entity's share will then be billed by the County to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perform this service at no administrative cost to the other participants. 3. Section 4 shall be amended to read as follows: 4. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Appeals from grant recipients regarding reimbursement decisions made by the County shall be handled as disputes and determined by the Dispute Board in the same manner as previously described. 4. All other provisions shall remain in full force and effect. Consolidated Lodging Tax Grant Process Interlocal Amendment-2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first written above. CITY OF ELLENSBURG .. ~ --.'::::,,, ~ - Mayor City Clerk Approved as to form: City Attorney CITY OF ROSLYN Mayor Prosecuting Attorney CITY OF CLE ELUM Mayor Consolidated Lodging Tax Grant Process Interlocal Amendment-3 To Be Displayed on Cily and Counly Websites AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS Thjs Agreement, is made and entered into this J /;;'t)-.day of A1,.1..,~"gL , 2 0 16, by and between the ci ti •es of Ell en sburg, Rt>slyn, and Cle ElUl 1, Washfogton inicipaJ corporati.o ns (the "Cities" or "City''), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch. 67 .28 RCW provides for the collection and use oflodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an Interlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows: 1. Section 2(D)(2) and (3) shall be amended to read as follows: 2) LT AC Work Grou p Review. The County will compile the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LTAC work group which will be comprised of three members from the LT AC of each participating municipality ( or appointees if there is no LTAC) for consideration. The master list of rankings based on the averages will be considered final and shall not be changed by the work group, except for final funding recommendations. The County will act as Chair of the work group. After submission: a. The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. Applicants which do not receive an average rating of 50 points or greater according to the ranking process described above (Review, Ranking and Recommendations by LTAC's) shall be ineligible for funding consideration and shall not make a presentation. c. The work group will review the recommendations, deliberate publicly, and make final funding recommendations based upon the master list. All decisions will be made by simple majority vote. In the event of a tie vote, Consolidated Lodging Tax Grant Process Interlocal Amendment-1 the application or motion will be deemed to have been rejected or failed, respectively. d. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legislative Decision. The County will submit the work group's final recommendations for -funding events and projects to each funding jurisdiction's legislative body for final decision and action. If a legislative body does not approve the work group's final recommendations. the legislative body must notify the chair of the work group in writing with specific objections. The work group wm reconvene in a public meeting to reconsider the final reconm1endations. After reconsideration, the county will re-submit the work group's final recommendation to each funding jurisdictions for final decision and action. 2. Sections 2(E) and (F) shall be amended to read as follows: (E) Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participati11g entities prior to being utilized. As with the other coordination and streamlining, the County shall be the contracting agency. (F) Streamlined Reimbursement Process. Grant reimbursement requests from recipients will be sent to the Kittitas County Auditor for review for consistency of the grant authorization and contract prior to issuing a reimbursement. Each participating entity's share will then be billed by the County to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perform this service at no administrative cost to the other participants. 3. Section 4 shall be amended to read as follows : 4. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The detennination of the Dispute Board shall be final and binding on the parties hereto. Appeals from grant recipients regarding reimbursement decisions made by the County shall be handled as disputes and determined by the Dispute Board in the same manner as previously described. 4. All other provisions shall remain in full force and effect. Consolidated Lodging Tax Grant Process Interlocal Amendment~ 2 IN WlllNESS WHEIREOIF. dlO pmic-.s bcrdD llr4i'll'C '-~ Ulm ,l\Jrmicnr,i&nti.'ll~~ to be ie..~~~ as of the dllt<a :fust "Q;,ril!Km :3tbo11-e. CITY Of ELLENSBURG fmirrmm Vicc-Chainnllll ~ Approved u to form: CffY OF ROSLYN Prosecuting Attorney Consolidated Lodging Tax Gmnt Process lnterlocal Amendment-3 To Be Displayed on City and County Websites AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITIES OF ELLENSBURG, ROSLYN, AND CLE ELUM FOR A CONSOLIDATED LODGING TAX GRANT PROCESS This Agreement is made and entered into this r(;)l-{t~ay of~--~• 2016, by and between the cities of Ellensburg, Roslyn, and Cle Elum, Washington mun ~,pal corporations (the "Cities" or "City"), and Kittitas County, a political subdivision of the State of Washington (the "County")( collectively "Municipalities"). WHEREAS, Ch. 67 .28 RCW provides for the collection and use oflodging tax revenues by local jurisdictions subject to certain conditions as set forth therein; and WHEREAS, the four municipalities in Kittitas County collect and distribute lodging taxes for tourism promotion through an application and grant process; and WHEREAS, the four municipalities in Kittitas County entered into an Interlocal Agreement for such application and grant process in 2013; and WHEREAS, each municipality wishes to amend said Interlocal Agreement as provided herein. NOW, THEREFORE, it is hereby agreed as follows: 1. Section 2(0)(2) and (3) shall be amended to read as follows: 2) LTAC Work Group Review. The County will compile the ratings, rankings, and recommendations into a master list based on averages along with the applications and submit them to a combined county-wide LT AC work group which will be comprised of three members from the LT AC of each participating municipality ( or appointees if there_ is no LTAC) for consideration. The master list of rankings based on the averages will be considered final and shall not be changed by the work group, except for final funding recommendations. The County will act as Chair of the work group. After submission: a. The work group will hold a public meeting where it will provide an opportunity for applicants to make a presentation before the work group and answer any questions from work group members. b. Applicants which do not receive an average rating of 50 points or greater according to the ranking process described above (Review, Ranking and Recommendations by LT AC' s) shall be ineligible for funding consideration and shall not make a presentation. c. The work group will review the recommendations, deliberate publicly, and make final funding recommendations based upon the master list. All decisions will be made by simple majority vote. In the event of a tie vote, Consolidated Lodging Tax Grant Process Interlocal Amendment-1 the application or motion will be deemed to have been rejected or failed, respectively. d. Any meeting of the work group requires a quorum of seven (7) members to meet. 3) Legislative Decision. The County will submit the work group's final recommendations for funding events and projects to each funding jurisdiction's legislative body for final decision and action. If a legislative body does not approve the work group's final recommendations, the legislative body must notify the chair of the work group in writing with specific objections. The work group will reconvene in a public meeting to reconsider the final recommendations. After reconsideration, the county will re-submit the work group's fmal recommendation to each funding jurisdictions for final decision and action. 2. Sections 2(E) and (F) shall be amended to read as follows: (E) Contracts for Grant Recipients. All grantees will be required to enter into a single grant contract which clearly communicates the responsibilities and expectations of the grantee as well as the amount and authorized use of the funding as approved by each legislative body. Contracts should be approved by all participating entities prior to being utilized. As with the other coordination and streamlining, the County shall be the contracting agency. (F) Streamlined Reimbursement Process. Grant reimbursement requests from recipients will be sent to the Kittitas County Auditor for review for consistency of the grant authorization and contract prior to issuing a reimbursement. Each participating entity's share will then be billed by the Connty to the specific city according to each city's requirements. The city will then send payment to the County to replenish the fund. The County will perform this service at no administrative cost to the other participants. 3. Section 4 shall be amended to read as follows: 4. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Appeals from grant recipients regarding reimbursement decisions made by the County shall be handled as disputes and determined by the Dispute Board in the same manner as previously described. 4. All other provisions shall remain in full force and effect. Consolidated Lodging Tax Grant Process Interlocal Amendment-2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first written above. CITY OF ELLENSBURG KITI~:ftt CO~~ Clli.t! /Jq IJZ -- Mayor Chairman 8' //~/I~ Attest: ~-.;;=--~- City Clerk &o Approved as to form: CITY OF OSL YN {_'"··--~ Prosecuting Attorney CITY OF CLE ELUM Mayor Consolidated Lodging Tax Grant Process Interlocal Amendment-3