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Home My WebLink AboutLT-2020-033LT-2020-033-Au d itor- | nte rn a I Operatio n s -2O2L 2021 OPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY AUDITOR This Contract, effective January I,2021. is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNW AUDITOR ("Contracto t"), for the 2O21. Operational Yea r (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.e 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 51,17,634.00 (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. 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 _2020 County Lodging Tdx Agreement-lnterndl Page 7 LT-2020-033-Au d itor-l ntern a I Ope ration s -2O2L 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. 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. 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 allor 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 _2020 County Lodging Tax Agreement-lnternol Page 2 LT-2020-033-Au d itor- | nte rn a I Ope ratio n s -2O2L immediately stop performing the Services to the extent specified in the notice. ln the event the County terminates the Contracto/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. 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. LO8, 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 together willconstitute 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 2020 County Lodging Tax Agreement-lnternal Page 3 LT-2020-033-Au d ito r- | nte rn a I Op e rat i o n s -2027 KITTITAS COUNTY BOARD OF COUNTY Vi AS TO FORM: ERS tLltS lzozo CONTRACTOR rint Namel [Address] [Telephone] Clerk of the Board Deputy Prosecuting Attorney Cou nty Lod gi n g Ta x Ag ree m ent-l nte rn a I Page 4 TITAS COUNTY E5. Lodging Tax for Tourism-Related Operations "lnternal Application Only" Submission Deadline: September 18th, 2020 @5:00pm Kittitas Cou nty Com missioners 205 W 5th Avenue, Suite L08, Ellensburg, WA 9892G 509-952-7508 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.L80 and RCW 67.28.I8L. 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 Accordins 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 requestine fundine 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 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 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 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, perfor arts, or to accommodate tourist activities SUBMITTAT INSTRUCNONS FOR |NTERNAL 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. Sqrtember 18th. of each vear {if Seotember 18rh fall* on a weekend. the apnllcation wlll be due on the Mondav immediatelv followlnsl and must be postmarked accordinglv. 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 I Applicant Award Notification Prolect Manalement: 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 L5 of the next year. lf 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. September 18th no later than October 15 no later than October 31 no later than November 17 November 17 Applicant Cateeories and Elisibilitv: APPLICATION FOR LODGING TAX FOR INTERNAL TOURISM- RELATED OPERATIONS Applicant lnformation - operations Name of Department:_County Auditor_ _205 W 5th Ave Suite 105_ _Ellensburg WA 98926_ Judy Pless, Budget Finance Manager Mailing Address: Contact Person and Title: Phone *509-962-7502_ Email judy.pless@co,kittitas.wa. us Project Title County Administration Project Location:Courthouse Funding Request:_5rr7,634_ 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. Application for Fiscal Year Enter date: i.e. Jan 1 ')o2 Budeet Iilanle Ma nage_r Title _09-18-20_ DatesofI Representative Tourism-Related Facility Operational Funding Narrative (Municipality Applications Only) 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 staff and Auditor's office staff, is to support the Lodging Tax Committee and work with the Consolidate Lodging Tax Committee, the preporation qnd occounting of the controcts opproved by the Committee's ond the preparotion of the yeorly Lodging Reporting for JLARC and 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, as 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. f/t/ox of Official Representative Title Date The 2O2L Operations Budget for Lodging Tax funding includes the following Description Budcet Salary, Benefits and Cost Allocation S 1s,ooo Operational Costs (copies, postage)500 NEW Google Drive subscription lts 56/ month per account. For 20 accounts, its 5120/ month. r,44O Computer Rental and software 3,000 Bond Payment (Principle and lnterest)97,694 s1L7,634 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 h4 b"4 Kittitas County LTGO Refunding Bonds, 2020 12t1t2020 86,000.00 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 95,168,00 Fund 203-109 15 1 14 168.00 8,346.70 8,346.70 4,482.1 346.70 907.25 907.25 6t1t2022 't2t1t2022 611t2023 12t1t2023 61112024 1211t2024 61112025 12111202s 6t'U2026 1211t2026 6nt2a27 12t1t2027 6t1t2028 12t1t2028 61112025 12t1t2029 61112030 121112030 Total 7,573.15 6,818.70 6,818.70 6,016.50 6,016.50 5,223.85 5,223.85 4,393.00 4,393.00 3,533.50 3,533.50 2,674.00 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 89,016.50 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 SrgsU"l"l., 195.141 20/09/2i-!3:38 G-_'7 81 Fnd 140 Dpt 0141obj s00obj s10 ob_: 520obj s31obj s41obj 542obj 548 DI)t 0141 Dpt C142ob. 54 Dpt 0143obj 541 Dpt 0144obj 541 Dpt 0161obj s41 Dpt 0164obj 541 500 508 541 KITIITAS COUNTY FY 2O2O JMP _ EXPEND,TJRES MGR GL Pcriod 8 ending AuguEt 3!, 2O2O ADO?TED 9UDGET CURRINT ACTUAI YTD ACTUAI. ANNJAL VARIAI\-CE September 21 2O2O Page: 1 Reporf, lorma: 512 Transaction sta:us 2 REMATNTNG z STADIU]4 LODGING TAX OPERATIONS EXPENDITURES SALAT.IES AN5 WAGES PERSONNE: BE\EFITS OFF]CE AND OPERATING SUPPL]ES PROFESSIONAi SERV]CES COMMUNICATIONS REPA:RS & MAINTENANCT 1,999.00 1s, 300.00 5,504.00 400.0c 100.0c 100. 00 800. 00 I.220 9,214 3,003 263 1C0 60 31 11't6 09 00 00 95 14- 6 2 6t. 1 6C.6 54 .6 65.8 100.0 61 .0 4.5 '7 68 .23 o25.24 500. 91 13?.00 't 68 .23 6 , 025 .24 2, 500 . 91 137 . 00 39.05 331. ?4 831.?4 CITY OF CLE EI,UM PROTESSIONAL SERVICES 62 54 CITY OF U!.LENSBURG PROFESSIONAL SESVTCES LODGING :AX TOURISM PR.OFESSTONAL SERV:CES LODGING TAX MARKETING ?ROFESSIONAL SERVICES ],ODGING TAX CAPITAL ?ROE'ESSTONAL SERVICES CITY OF ROSLYN PROFESSIONAL SERVICES IJODGING TAX OPERATIONS EXPENDITURES (BOND) ENtrING FUN) BALANCE PROFESSIONAL SERVIC-S 24,L93.OO 20c, 000 . 0c 1C0,00c.00 1,5?5.000. c0 10.000,00 40,000,00 10, c00. 00 106, 00? . 00 :.147,80C.00 52.{,.00.00 LO,302.r7 2, 856 . 00 Ii1,243 .03 99, 650 . 14 10, 302 . 1? 2,856.CO LC4,243.03 99, 650 . 14 13,890 r91 ,144 4,243 1.5?5, C00 tc,000 4o, ooo 10.000 6, 3s6 1,14?.800 52, 00 0 83 00 03- 00 00 00 00 57.4 98. 6 I )- :c0.0 :00.0 100.0 100.0 0 ob obj obj obj Dpt 1 85 c0 00 6.0 100.0 100.0 Fnd 140 STADIUM 3,265,00C.00 2L1 , O51 .34 211.051.34 3,041,948.66 93.4 Report FinaL Totals 3,265,000.00 2L1,Ost .34 2t1 ,05r -34 3,O4-1,948.66 93.4 X"O bsN € \ 20/09/21 73233 Gr,'t81 rnd 140 DDc 0141obj 500obj s1c Dpt 0141 I.ODcrNc TAX OPERATIONS K]TTTTAS COUNTY FY 2019 JMP EXFENDITURES MGR Gt Period 12 ending Decqrber 3L, 2019 8C0. 00 ADCPTED BUDGET CU3RfNT AC:UAL YTD AC:UAL Septenber 21 202C page: l Report Format 512 Transaction sEatus 2 ANNUA, 3VAR:A-'iCE REMAINTNG obj obj obj obj obl 0bl 52C 531 54 r, 542 545 548 1,989.00 15,30C.00 5, 504 . 00 400.00 52l 100.00 100.00 980 1t690 31240 14'1 94 ,1,92 46 L,194 831 49 10 41 10 00 85 80 '74 80 90 40 47 92 46 94 STADIUM LODG]NG TAX OPERATIONS EXPENDITURES SALARIES AND WAGES PERSONNEL BENEFITS OFFICE AND OPERATING SUP?iIES PROFESSTONAL SERVICES (EVENT CENTER) COMMUNICATIONS OPERATING RENTAL/TEASES REPAIRS & MA]NTENANCE 9 ,2 1,\ 3 94 9 0 0 5 1,008 1 ,609 2,263 L^2, O92 53I,'t 91 31 51 90 53 30 00- 15 80-'14- 50.? 49.'7 4'-,1 63.1 80.8- 4 ,0-831 Dpt 0142obj 541 LODGING TAX TOJRISM PROFESSIONAL SiRVICfS 76, r93.00 200,00c. c0 100, 0c0.00 1,5?5,000.00 10, c0c . 00 40, 000.00 10, 0c0. 00 353, 807 .00 900, 0co. oo 108,924.15 't6t5't3-"t"7 IA3,23'1 .43 1,518,511.0-_ 2r, 633 .45 12,6't9.91 52.43 103, 806. 26 108, 924 . 15 '16,5't3.7't 183,23r.43 1,518,511.0_ 21,, 633 .45 72,619.9'l 52 .43 103, 806.26 32,73r t23, 426 83 ,231 56,488 11.633 32t619 9, 94't 250 ,000 900,0c0 43.0- 61 .? a3 -2- 3.6 116.3- 81.?- 15- 23 13- 99 45- 9'7 - 5? 74 00 Dpl 0143obi 541 Dpt 0161obj 541 Dp:0162obj s41 TODGING TAX MARKETING PROFESSIONAL SERVICES )pt 0144obl 541 IOOGING TAX CAPITAL PRO!'ESS]ONAL SES.VICES CITY OF CLE fLUI4 PROFESS]ONAL SERVTCES C:TY OF EI,LENStsURG PROFESS]ONAL SERVICES CITY O!'ROS],YN PROFESSTONAL SERVICES 70.1 100.0 Dp:0164obj 541 obj s00obj 508 lnd i40 EXPENDTI'URES (BOIID PAWENT) ENDING FUND BALANCE STADIU]4 Report Firal Totals 3/265,0C0.00 2,a85t4'_8.4'7 2,C85,4'_8.41 1,:?9,581.53 36.-_ 3,265,000.00 2,085,4'r8,47 2,08514I0.41 1,1?9,581.s3 36.1 \'\ tr+ \