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HomeMy WebLinkAboutLT-2019-030 KVECLT-2019-030-KVEC 2019 OPPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND This Contract, effective January 1, 2019 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Kittitas County Event Center ("Contractor"), for the 2019 (Event) WHEREAS, the purpose of this Agreement is to provide for activities and expenditures designed to increase tourism, 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: Section 1. Scope of Work. a. 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 is attached hereto and incorporated herein by this reference. b. 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 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, together with all other obligations performed, or required to be performed, by Contractor under this Agreement are collectively referred to herein as "Services." Section 2. Payment. a. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of $110,000.00 (Kittitas Co. lodging tax funding). b. Additional payment terms: The County will make payment to the Contractor in a lump sum manor such that Contractor can purchase the items and services described in Exhibit "A." Section 3. Performance by Contractor. a. 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 of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. 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 (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 ___ 2019 County Lodging Tax Agreement-Internal Pagel LT-2019-030-KVEC required to effect 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. 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. c. 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, sex, marital status, or the presence of a physical, sensory, or mental handicap. d. 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 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 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 such facilities. e. 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 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 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 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 Services or this Agreement. Section 4. Complia ~ce with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Contractor pursuant to Washington's public records act, chapter 42.56 RCW, to allow Contractor to seek a court injunction . c. The County specifically shall not be liable to Contractor for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 5. Termination. The County may, by written notice thereof to Contractor, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Contractor is in breach or default. Upon receiving such notice of termination, Contractor shall, except as otherwise directed by the County, ___ 2019 County Lodging Tax Agreement-Internal Pagel L T-2019-030-KVEC immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Contractor's Services, the Contractor is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Contractor, if any, as of the date of the notice of termination. Section 6. Miscellaneous. a. Contractor shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Contractor to the Kittitas County Commissioners and the Kittitas County Auditor, 205 W. 5t h Ave. Ste. 108, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Contractor shall be given to the Contractor's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Contractor warrants to the County that the individual signing on Contractor's behalf has the requisite power and authority to enter into and to perform Contractor's obligations under this Agreement. Contractor further warrants to the County that Contractor has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions ofthis Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. ---2019 County Lodging Tax Agreement-Internal Page3 L T-2019-030-KVEC KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTOR [Print Na r:n e] 9o/ E 7-tk A-VLL [Addresst (SD'i'J 9lo2--7<o ?S- [re1ephone1 Deputy Prosecuting Attorney ___ 2019 County Lodging Tax Agreement-Internal Page4 EXHIBIT "A" KITT I T A S C O UNTY Lodging Tax for Tourism-Related Operations "Internal Application Only" Submission Deadline: September 1 Kittitas County Commissioners 205 W sth Avenue, Suite 108, Ellensburg, WA 98926 509-962-7508 I I Lodging Tax for Tourism-Related Internal 0perations General Tnfor.mation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RCW 67.28.180 and RCW 67.28.181. In accordance with the tax and Washington State law, a Lodging Tax Advisory Committee has also been established. The committee's purpose is to advise and recommend to the Board of County Commissioners how excise taxes on lodging should be allocated to support tourism which in turn generates revenue. Uses According to Law: RCW 67.28.1816 states the following: Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitor bureau or destination marketing organization for supporting the operations of tourism-related facilities owned or operated by a municipality. Definitions included in state law which should be considered in any application requesting funding include: 1. Tourism means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs . 2. Tourism promotion means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing or the operation of special events and festivals designated to attract tourists. 3. Tourism-related facility means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a) (i) owned by a public entity; (ii) owned by a nonprofit organization described under section 501 (c) (3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501 (c) (6) of the federal internal revenue code of 1986, as amended; a business organization, destination marketing organizations, main street organization, lodging association, or chamber of commerce; and (b) used to support tourism, performing arts, or to accommodate tourist activities. Review Process: Kittitas County's Lodging Tax Advisory Committee (LTAC) will review all Kittitas County completed applications. Qualifying applicants will be provided the opportunity to present their projects to the LTAC and answer questions. The LTAC will submit their recommendations to the Board of County Commissioners (BOCC) who have final approval authority for the list of recommendations. Prior to making a final decision, the BOCC will publicly deliberate on the recommendations received from the LTAC. Applicants may also be requested to present their projects to the BOCC and answer questions. Please return ONE COPY of the entire original application and answers to narrative questions to : Kittitas County Commissioners Attn: Internal Lodging Tax Grant Application 205 West 5th, Suite 108, Ellensburg, WA 98926 Applications must be received no later than 5:00 PM, September 1st, of each year (if September 1st falls on a weekend, the applicatioh will be due on the Monday immediately following) a nd must be postmarked accordingly. Incomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission Schedule: • Application deadline September 1 • Oral presentations of proposals to LTAC no later than October 1 no later than October 20 no later than November 7 November 10 • LTAC submits to BOCC • BOCC Deliberation and Decision • Applicant Award Notification • Funds availability January 1 Project Management: The Board of County Commissioners will approve the application based upon the recommendation of the LTAC. The Board will approve by Resolution the amount authorized. All funds awarded under this program will be available in the form of a direct charge to the Lodging tax ,, budget for the Fiscal year, January through December. All funds awarded for supporting the operations of county-owned tourism-related facilities will be available for reimbursement until January 15 ofthe next year. If January 15, falls on a weekend the requests must be submitted on the Monday immediately following. Any unexpended funds will be returned to the Lodging Tax account and made available for re-appropriation. All requests for reimbursement shall be made to the Kittitas County Auditor's office at the following address: Kittitas County Auditor Attn: Lodging Tax Grant Funds Reimbursement 205 W 5th, Suite 105 Ellensburg, WA 98926 For specific information and requirements regarding the reimbursement process, please contact the Auditor's office at 509-962-7502. Applican t Categories and Eli'gibility: Grants from lodging tax funds are provided for Internal Kittitas County Operations. APPLICATION FOR LODGING TAX FOR INTERNAL TOURISM- RELAili ED OPERATIONS Applicant Information -Operations Application for Fiscal Year Jan 1 Enter date: i.e . Jan 1 Name of Department: Kittitas Valley Event Center Mailing Address: 901 E 7th Ave, Suite #1 Ellensburg, WA 98926 Contact Person and Title : Kady Porterfield, Event Center Director Phone : (509)962-7675 Email: kady.porterfield@co.kittitas.wa.us Project Title: Arena Management Integration Project Location: Kittitas Valley Event Center Arenas Funding Request: $110,000.00 Application Requirements _x_ 1. The project qualifies for lodging tax funds is supporting the operations of tourism-related facilities owned or operated by Kittitas County. _x_ 2. A completed project budget is included in the application (if applicable). Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of application. "@-Q... U<e..c..+o< Title Date Tourism-Related Facility Operational Funding Narrative (Municipality Applications Only) For the Year: 2019 1. Operational Spending: Please explain your request for operational funding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district. Operational funding for integration of proper arena management is being requested so we can fully operate and service the many, high-end equine events that rent the arenas at the Kittitas Valley Event Center. We have struggled with old, improper, and broken down equipment and also need to implement annual treatment plans to the dirt in the arena facilities as well to keep it in shape for performance level. Arena management is crucial for the success of the equine events that bring in many people of all ages from all across Washington, the Western United States, and even Canada. Please see the attached budget items needed to bring the arenas to the proper operation level to support the current and prospect events. 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability. Include any specific progress toward this goal. Management at the Kittitas Valley Event Center has implemented staff trainings on how to properly work the footing in the arenas to have successful events. With educated staff and the right equipment to do the job, we can be fully committed to providing good footing to our customers for their events. This will produce community-wide appreciation for local users, as well as sustained relationships with current customers. When footing develops a good reputation we will also be able to bring back other customers who have left our facility due to the past unsafe, undesirable conditions of the dirt. So far, the staff trainings have paid off and we are starting to see compliments again on the condition of the dirt. This is a time consuming responsibility and must be kept up on consistently. 3. Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of application. e, (_ l)H-,e c_ -\-o 1 Title Date Application for Lodging Tax for Internal Tourism-Related Operations BUDGET 2019 Equipment Quantity Arena Cost Water Truck 1 Rodeo/Bloom $ 74,000.00 Bow Gates 6 Bloom $ 8,000.00 Panels 30 Rodeo/Bloom $ 7,500.00 Ripper 1 Rodeo $ 5,000.00 Compact Rototiller 1 Rodeo/Bloom $ 500.00 Treatment Rock Picking Annual Rodeo $ 3,500.00 Grading Annual Bloom $ 4,000.00 Anti-Clump Spray Annual Rodeo $ 2,500.00 Training Kiser Dragmaster 1 Rodeo/Bloom $ 5,000.00 Conditioning/Grooming Techniques 3 Rodeo Free TOTAL $ 110,000.00