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HomeMy WebLinkAboutLT-2020-031 KVEC OperationsLT-2020-031-KVEC-lnternal Operations-2020 2O2O OPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY EVENT CENTER This Contract, effective January !,2020 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNW EVENT CENTER ("Contractor''), for the 2020 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 $100,000.00 (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 bv Contractor. 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 Cou nty Lo.dg ing Tax Ag ree ment- I nte rnal Page 7 LT-2020-031-KVEC-lnternal Operations-2020 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. Contractoragrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. 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 (5) 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. Compliance with Public Records [aw. a. 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. 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, c tntn County Lodging Tox Agreement-lnternol Poge 2 LT-2020-031-KVEC-l nternal Operations-2020 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 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 communicationg 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. L08, 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 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' 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. c e _2020 County Lodging Tox Agreement-lnternal Poge 3 LT-2020-03 1-KVEC- lnternal Operatio ns-2020 KITTITAS COUNTY BOARD OF COU ON CONTRACTOR IPrint Na mec{nt ?, -7'r\Av+Su.i$e I lAddressl c s*cq )q loL - -7 b7{ [Telephone] It ERSf bszDz mrsstoner rnilo Clerk of the Board FORM: Deputy Prosecuting Attorney tntn County Lodging Tox Agreementlnternal Poge 4 ITT Lodging Tax for Tourism-Related Operations "lnternal Application Only" Subm ission Dead li ne : Septem ber LBth, 2O2O @ 5:00pm Kittitas Cou nty Commissione rs 205 W 5'h Avenue, Sulte 10& Ellensburg WA 98926 509-952-7508 Lodging Tax for Tourism-Related lnternal Operatlons General lnformation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RCW 67.28.!80 and RCW 67.28.L87. ln accordance with the tax and Washin4on 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 Accordinr to [aul: 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. Definltlons included in state law which should be considered in anv annllcation requestlng fundlng lncludel 1. Tourism means economic activity resultingfrom tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. 2, Tourism promotion means activities, operations, and expenditures designed to inoease 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 ITAC will submit their recommendations to the Board of County Commissioners (BOCCI 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. 3. Tourism-related facility means real or tangible personal property with a usable life of three or more yeart 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 1986, as amended; or (iii) owned by a nonprofit organization described under section 501 (cl (61 of the federal internal revenue code of 1986, as amended; a business organization, destination marketing organizations, main street organization, lodging association, cjr chamber of commerce; and (b) used to su or to accommodate touri5t activities. S U BM ITTAT I NSTR UCTI O]IIS FOR I NTE R l{AL APP tI CATION Please return ONE COPY of the entire original application and answers to narrative questions to: Kittitas County Com m issioners Attn: lnternal l-odging Tax Grant Application 205 West sth,5uite 108, Ellensburg, WA 98926 Applications must be received no latcr then 5:00 PM. Seotsnber 18th. of each vear.{lf September lgrb ialls on a w€ek€nd, the snnllcetlon wlll be due on the Mondav lmmedlately followlnql and murt be postmarked accordinrly. lncomplete andlor 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 September lgthr oral presentations of proposals to LTAG no later than october 15r LTAC submits to BOCC no later than October 31r BOCC Deliberation and Decision no later than November 17r Applicant Award Notification November 17 Prolsct Management: The Board of County Commissioners will approve the application based upon the recornmendation of the trAC' 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 of the next year. lf lanuary 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 sth, Suite 105 Ellensburg, WA 98926 For specific information and requirements regarding the reimbursement process, please contact the Auditor's office at 509-962-7502. Aoollcant Crterories and Ellrthllltv: APPTICATION FOR TODGING TAX FOR INTERNAL TOURISM. RELATED OPERATIONS Applicant lnformation - operattons Appl ication for Fiscal Year 2020 Enter date: i.e. Jan 1 Name of Department: Mailing Address: Kittitas Vallev Event Center 901 E 7th Ave, Suite 1 Ellensburg, WA 98926 Contact Person and Title:Kadv Porterfield. Director Phone:(509) 962-7675 Ernail kady. porterfie ld @co. kittitas.wa, us Project Title:Staffinq Project Location:KVEC Funding Request:$100 000 Appl ication 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. Va tcr Diykz4cr Title Y /t /xa Sign Representative Date Tourism-Related Facility Operational Funding Narrative (Municipality Applications Onlyl For the Year: 2020 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. The Kittitas Valley Event Center is requesting operational funding for its labor costs and recent position changes made in order to increase the support provided to customers who rent the facilities and visit Kittitas Coung. KVEC management realizes the importance of the proper attention, upkeep, and maintenance that this large and diverse facility needs. New management has been taking strides in reorganizing the staff structure in order to improve functionality and efficiencies. Even though our 2020 event season was cut down, we were able to maintain our full- time staffing by providing our services to the emergency needs of Kittitas County, such as housing the Emergency operations Command and many emergency personnel trainings. We also assisted other departments in other County facilities on special projects or priorities that arose due to the pandemic. When we weren't provided services for our fellow departments, we have been working to get ahead on many facility projects across the grounds. So many physical impiovements have been made this year and we are looking forward to our customers enjoying those as we open back up, 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal. With a new staff structure, new direction, and new processes, KVEC can better meet the expectations and demand of events held on the grounds. ln the early stages of these improvements, we've already seen a positive response from eveni holders and their attendees from the end of 2019 through early 2020. We were able to host a few smaller events in the middle of the year as restrictions opened, which received outstanding responses of what was being offered to thern in improved services. New events are now interested in booking at KVEC due to the improvements they've witnessed as event attendees or by word of mouth. We are also to a point that events that came and left are utanting to return as they love the centralized location in Kittitas County and are excited to look into working with us. Our calendar Jor 2021and on is already packed with anxious people ready to see the event world open back up. Staff morale has also greatly improved with the new system, which will also contribute to sustainability by maintaining and growing long-term knowledge of the operations in place. We are currently running on our needed minimum standards to meet our demand and want to continually expand the operational successes affected by this. 3. Applicant Certification: Please slgn below in agreement with statement of certification. Certlficatlon 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. Dfrcdor-Yt&- E/Ao Title Dateof eL?87 Fnd O01 Dpt 0109 E\r:ENr CENTERDiv OO1 KITTIAAS COT,NTY EvENf CENTERobj 510 gN,rRrEs tltD mCES1 109151001 SAIARTES1 109151002 ol,lRtrrME1 109151003 E:(rRA HELP1 109151015 c,t!L BACK PArD1 109151023 DIRECI In'GES - IIWERNALIJY obj 5x0 sAr.tRIEs Ar\rD wAeEs JMF - BLTDGEI - aDOPIED Rrport Folalrt S10 itenurqy L,2O2O through Dacotbe! 3L,2O2O Trusaction ctatus 2 CiENERAL FttND Sub 001 GENERATT t\JltD ADOPIED BT'DCEI 389,303.0O 5, 000 . 00 5,000.00 1,0o0 . 00 500.00 {00, 803.00