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HomeMy WebLinkAboutLT-2020-033-Auditor-Internal Operations-2021LT-2020-033-Aud itor- | ntern a I Operation s -2O2L 2021 OPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY AUDITOR This Contract, effectiveJanuary I,2021, is made and entered into byand between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNTY AUDITOR ("Contracto r"l, for the 2021, Operational Year (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. Pavment a. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of 5t17,634.00 (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-nce bv 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 _2020 County Lodging Tax Agreement-lnterndl Page 7 LT-2020-033-Au d itor- | nte rn a I Ope rations -2021, 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. Comoliance Public Records Law. ln 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. ln 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. 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, c County Lodging Tax Agreement-lnternol Poge 2 LT-2020-033-Aud itor-l ntern a I Ope rations -2O2L immediately stop performing the Services to the extent specified in the notice. ln 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 5. Miscellaneous 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. 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. 5th 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. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but allof which togetherwillconstitute 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. lf 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 of this 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. a c e 2020 County Lodging Tax Agreement-lnterndl Page 3 LT-2020-033-Au d itor- | nte rn a I Opbrations -202L KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Chair Vice Chair Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney CONTRACTOR IPrint Name] lAddressl [Telephone] _2020 County Lodging Tax Agreement-lnternal Page 4 KITT A*A ,--- -. {\ :- Lodging Tax for Tourism-Related Operations "lnternal Application Only" Submission Deadline: September 18th, 2O2O @5:00pm Kittitas Cou nty Com missioners 205 W 5th Avenue, Suite 108, Ellensburg, WA 98926 509-962-7s08 Lodging Tax for Tourism-Related lnternal Operations General lnformation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RCW 67.28.1.80 and RCW 67.28.18L, ln 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 anv application requestinq fundins 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 to attract tourists. 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 recomme ndations. 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. 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) ofthe federal internal revenue code of L986, 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. SUBMITTAT INSTRUCTIONS FOR I,NTERNAI APPTICATION Please return ONE COPY of the entire original application and answers to narrative questions to: Kittitas County Commissioners Attn: lnternal Lodging Tax Grant Application 205 West 5th, Suite 108, Ellensburg, WA 98926 Applications must be received no later than 5:00 PM. Seotember lBth. of each vear lif September 18rh falls on a weekend. the appllcation wlll be due on the Mondav lmmediatelv followinsl and mu$t be postmarked accordinslv" lncomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission Schedule: r Application deadline r Oral presentations of proposals to LTAC r LTAC submits to BOCC r BOCC Deliberation and Decision r Applicant Award Notification Prolect Manarement: 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 availableforreimbursementuntil JanuaryL5ofthenextyear. lfJanuary15,fallsonaweekendthe 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. September 18th no later than October 15 no later than October 31 no later than November 17 November 1.7 Applicant Categories and Elieibilitv: APPLICATION FOR LODGING TAX FOR INTERNAL TOURISM. REIATED OPERATIONS Applicant lnformation - operations Application for Fiscal Year Enter date: i-e. Jan 1 Name of Department: Mailing Address Contact Person and Title ')n') _County Auditor_ _205 W sth Ave Suite 105_ _EllensburC WA 98926_ Judy Pless, Budget Finance Manager B ud e et F inarc e_[4ana&e r Title Phone:509-962-7502 Email judy.pless@co.kittitas.wa.us_ Project Title:County Administration Project Location:Courthouse Funding Request:_5rL7,634_ Application Requirements _x_ L. 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. _09-18-20-* DateSignofcial Representative Tourism-Related Facility Operational Funding Narrative (Municipality Applications Onlyf For the Year 2O2 L. 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. The operational spending for the Board of County Commissioners office stoff ond Auditor's office staff, is to support the Lodging Tax Committee and work with the Consolidate Lodging Tox Committee, the preporotion and accounting of the contracts opproved by the Committee's ond the preparation of the yearly Lodging Reporting for JLARC ond financial reporting of the Lodging Tax funds. 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability lnclude any specific progress toward this goal. There is no strategy, os this is support for the Committee(s). 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. 4e of Official Representative Title nw"Date The 2021 Operations Budget for Lodging Tax funding includes the following Description Budset Salary, Benefits and Cost Allocation S 1s,ooo Operational Costs (copies, postage)500 NEW Google Drive subscription lts S6/ month per account. For 20 accounts, its 5120/ month. L,440 Computer Rental and software 3,000 Bond Payment (Principle and lnterest)97,694 5LL7,634 Salary, Benefits and Cost Allocation are for the internal Staff of the Commissioner and Auditor offices, as well as lT costs for the online application process. Operational Costs are for copies, postage New Google Drive subscription is for the Consolidated Lodging Tax Committee Computer Rental and Software is for the laptops and Laserfiche licenses The Bond payment went down a few dollars as the County Treasurer refinanced the Bond &)4 b"4/ Kittitas County LTGO Refunding Bonds, 2020 0 '12t1t2020 61112022 12t1t2022 61112023 12t1t2023 6t1t2024 121112024 61112025 121112025 6t1t2026 1211t2026 61112027 12t1t2027 6t112028 't2t1t2028 61112029 121112029 61112030 12t112030 86,000.00 nterest 4,482.14 9,168.00 Service 95,168.00 Fund 203-109 15 Princi 81,000.00 79,000.00 84,000.00 83,000.00 87,000.00 90,000.00 90,000.00 93,000.00 92,000.00 95 .00 8,346.70 8,346.70 89,346.70 25 7,573.15 6,818.70 6,818.70 6,016.50 6,016.50 5,223.8s 5,223.95 4,393.00 4,393.00 3,533.50 3,533.50 2,674.04 2,674.00 1,785.85 1,785.85 907.25 907.25 86,573.15 6,818.70 90,818.70 6,016.50 89,016.s0 5,223.85 92,223.85 4,393.00 94,393.00 3,533.50 93,533.50 2,674.00 95,674.00 1,785.85 93,785.85 907.2s Total $ b$r-t^b&"!", 1 195. 20/09/2"'-!3:38 G:78? Fnd 140 Dpt 0141obj 500obj s10obj 520obj 531obj 541obj s42 Obl 548 DI't 0141 LoDGING TA:( OPERATIONS KITIITAS COUNTY FY 2O2O JMP _ EXPEND:TJRES MGR GL P€riod I endidg AuguEt 3L, 2g2O ADO?TED 9UDGET CURRENl ACTUAI YTD ACTUAL ANNJAL VARIA\.CE SeptemlDer 21 2020 Page: 1 Repora lorma: 512 Transac-.ion sta:us 2 REMAININ.G STADIUU LODGING TAX OPERATIONS EXPEND]TURES SAI,A.R,IES AND WAGES PERSONNE: BENEFITS OFEICE AND OPERAT]NG SU?PLIES PROFESSTONAL SERVICES COMMUNlCATIONS REPA:RS d MA]NTENANCI 1, 989.00 1s,300.00 5, 504 . 00 400. 0c 100.0c 100.00 800.0c 39.05 831.74 't 6B .23 6, 025 .24 2, 500 . 91 13?.00 39. C5 B3r .1 4 L,220 9,2'7 4 3,003 263 60 31 11 76 09 00 00 95 14- '7 68 .23 6 | 025 .24 2, s00 .9r 13?.00 6I 60 54 65 100 61 4 1 6 6 8 0 0 c Dpr c142obl 54: Dpr 0143 Obl 541 Dpt 0144obj s41 Dpt 0161-obi 541 Dpt 0162obj 541 Dpt 0164obj 541 24,193.00 20c, 000 . 0c 1C0,00c. c0 1,515,000. c0 10,000.00 40,000.00 10, c00. 00 106, 007 . o0 147, 80C.00 52, 000 . 00 LO,3O2.!7 2 , 856 .40 141,243 .03 99,550.14 LO,302.L7 2,856.CO LC4,243 .03 99, 650 . 1rr 13, 890 191 , r44 4,243 1,5?5f C00 1c,000 40.000 10,000 LODG]NG IAX TOURISM PROFESSIONAL SERV:CES LODGTNG TAX MARKETING ?ROF'ESSIONAL SERVICES LODGING TAX CAPITAL .ORO'E SS IONAL SERVICES CITY OF CLE ELUM PROFESSIONAL SERVICES CITY OF ELLEbiSBURG PROFESSIONAL SER,VICES 83 00 03- 00 00 00 00 51.4 98. 6 a 2- :c0. 0 100.0 100.0 100.0 obj UD] obj CITY OF ROSLYN PROFESSIONAL SERVICES 50 50 54 EXPEI|DIIITRES (AO!D) EN)ING FUN9 BALANCE PROTESSIONAL SERVTC1S 0 5. 356 . 86 1,14?,800.C0 52, 000. 00 6.0 100,0 100. 0 F'nd 140 STADlUM Report Flnal Tota.s 3.26s, C0C.00 2r"t .05I . 34 2L'l ,05L.34 3, OA-t , 948 .66 93 .4 3,265,C00.00 21"t,O51".34 2L] -051.-34 3tO4'1 ,948.66 93.4 \"p \Jr^ts R-.u\S\ \ 20/09/21 ]-3:33 cL?4'1 Fnd 140 Dpr 0141obj 500 DPt 0141 roDcING lAX OPERATTONS KITTITAS COUNTY FY 2019 JMP _ EXFENDITURES MGR cL Period 12 ending Decelrber 31, 2019 ADCPTED BUDGET CU3,R3NT AC]UAL YTD AC:UAL septenber 21 202C page: 1 Report Format 51,2 Transaction scatus 2 ANNUA- IVAR:A).iCE REMAINING obj 510obj 52cobj 531obj 541ob) 542obl 545Obl 548 STADIUM LODG:NG TAX OPERATIO\S EXPENDITURES SALARIES AND WAGES PERSONNEL BENEFITS OEFICE AND OPERATING SUP?LIES PROFESSIONAL SERVICES (EVENT CENTER) COMMUNICATIONS OPERATING RENTAL/LTASES REPAIRS I MAINTENANCE 49 10 4'7'74 0c 85 BO 14 1, 008 1 ,6092,263 42,092 53r, 191 31 51 90 53 30 00- 15 80- 14- 1,989.00 15, 300.00 5,504,00 400.00 52,100.00 1C0.00 980.49 690.10 9 6 2 1 1 ,| 1 3 94 50.7 49.'7 4i.,1, 63. 1 80. 8- 53.2 4 ,0-8C0. 00 0 '1 2 6 4 1 1 3 94 1,1 83 4'/lo 00 B5 BO't4 B3 Dpt 0142obj 541 LODGING TAX TOJRISM PROFESSIONAL S1RVICTS Dp-u 0143obj 541 LODGING TAX MARKETING PROFESSIONAL SERVICES IODGING TAX CAPITAL PRO!'ESSIONAL SEi.VICES Dpt 0i61 obj 541 CTTY OF CLE ]LI'V PROFESSIONAL SERVICES C:TY OF EI,LENS3URG PROFESSIONAL SERVlCES CITY OF ROS1YN PROFESSTONAL SERVICES 76, 193 . 00 200,00c.00 100,0c0.00 1 , 575, 000 . 00 10, c0c . 00 40,000.00 10, 0c0.00 353, 807 . 00 900,0c0.00 108,924.15 "t6,513.',l'7 783, 23-1 .43 1,518,511.01 27, 633 .45 72 , 6'19 ,9'7 52.43 103, 806 .26 108, 924 . 15 't 6, 513 .1't 183,23?.43 1. s18,511.0: 2r, 633 .45 7 2, 6'19 .9'7 52 .43 103, 806.25 32,13L 723, 426 83 ,237 56,488 11, 633 32, 6't 9 9, 941 250,000 900,0c0 43. 0- 61.? 83.2- 3.6 116.3- 81.?- 15- 99 45- 9'7 - 74 00 ]pt 0144obj 541 Dp:0162obj s41 Dp:0164 obj 541 and 140 STADTUY EXPEIIDITI'RES (BOI{D PATMENT) ENDING FUND BAIANCE Report Firal Totals obj 500ob:50a 70 00 'l 0 3,265,0C0.00 2.Ae5t4'-8,4't 2,C85,4'-8.41 1,--?9,581.53 36.'_ 3.265,000.00 2,085,4'18.41 2,085t4L8.4t 1,1?9,581.53 36.1 \'\s+ \