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+
\