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HomeMy WebLinkAboutLT-2021-018-KEEN-CiderLT -2021,-OT8- KE E N -C I D E R 2021 LODGING TAX SERVICES AGREEMENT BETWEEN KITTITAS COUNTY AND THE KITTITAS ENVIROMENTAL EDUCATION NETWORK This Contract, effective January 1,,2021, is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and THE KITTITAS ENVIROMENTAL EDUCATION NETWORK ("Contractor"),for 202l WindfallCider Fest & Roots Music ("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." c. Contractor shall commence, perform, and complete such Services in accordance with Exhibit "B" which is attached hereto and incorporated herein by this reference. Section 2. Pavment. a. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of eighteen thousand six hundred twenty-five dollars (S18,625.00) (Kittitas Co. lodging tax funding). b. Additional payment terms: The County will make payment to the Contractor only on a reimbursement basis, as receipts/invoices for any items including marketing and/or advertising are submitted to the County, not to exceed the sum of eighteen thousand six hundred twenty-five dollars (S18,525.00) (Kittitas Co. lodging tax funding). c. Services/Expenses that are reimbursed must be dated during the current year and final date to submit reimbursements requests is January L5,2022 after this date funds lapse. d. Requests for reimbursements must be submitted to: Kittitas County Auditor Attn: Auditor's Accounting 205 West 5th Ave - Suite 105 Ellensburg, WA 98926 2027 County Lodging Tax Funding Agreement Page 7 LT -202L-O78- KE E N - C I D E R a ud itorsaccounting@co.kittitas.wa. us e. Reporting requirements of your events will be required on prescribed forms from the County Auditor. f. Contractor is eligible to claim reimbursement for the following items and amounts only: r Advertising r Talent Fees o printing r Marketing o Facility Rental r Volunteer Training o Office Supplies . Equipment Hire o Transport g. Contractor is not eligible to claim reimbursement for any items not listed in Section 2 (f) and is further expressly denied funding for the following items as requested in the application as defined in Section 1(a): N/A h. Contractors requesting reimbursement for event-specific expenses shall submit all claims as no more than two reimbursement requests with supporting documentation. Contractors must complete the Lodging Tax Reimbursement online training course provided by the County Auditor's office prior to filing reimbursement claim. Requests for reimbursement will not be accepted by the County Auditor prior to the training being completed. The training may be found online at the Kittitas County Auditor's website at the fo I lowi ng add ress: http ://www.co. kittitas.wa. us/a ud ito r/defa u lt.aspx 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 at all times be an independent contractor and not an agent or representa- tive of the County with regard to performing the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of the County. ln no event shall Contractor be authorized to enter into any Agreement or undertaking for or on behalf of the County. lt is understood that the Contractor and the Contractor's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. 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 a c 2027 County Lodging Tax Funding Agreement Page 2 LT -2O2T.OL8- K E E N.C I D E R County and applicable to Services). Contractor shall furnish such documents as may be 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. d. 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, maritalstatus, or the presence of a physical, sensory, or mental handicap. e 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. f. 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. g. Contractor understands and acknowledges that Contractor is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Contractor's performance of this Agreement. All compensation received by the Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. Section 4. Release. Indemnity. and Hold Harmless. The County assumes no liability for the Contractor's actions under this Agreement. Contractor releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: Any fault, negligence, strict liability or product liability of Contractor in connection with the Services for this Agreement; Any lien asserted upon any property of the County in connection with the Services for this Agreement; Any failure of Contractor, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of a a a 2027 County Lodging Tox Funding Agreement Page 3 LT-2021.018-KEEN-CI DER any governmental authority; or a Any breach of or default under this Agreement by Contractor Section 5. Compliance with 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 6. lndustrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Contractor's employees and agrees that the obligations to indemnifiT, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. Section 7. lnsuran and Endorsements. a The County may require through a request in writing that the Contractor provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Contractor, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Contractor or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Contractor agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Contractor shall be attached to this Agreement and by this reference will be made part hereof. a c 2027 County Lodging Tax Funding Agreement Page 4 LT -2O27-O78- K E E N -C I D E R Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional lnsured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Contractor shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. 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, 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 9. 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. 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. e. 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 e 2027 County Lodging Tax Funding Agreement Page 5 LT.2O2I-O78- KE E N -CI D E R 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. The performance of this Agreement is subject to termination without liability by either party upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric Administration, any other agency of the United States Government, or any agency of the Government of the State of Washington of the occurrence of any circumstance beyond the control of either party-including, without limitation, acts of God, war, acts of terrorism within a fifty (50) mile radius of Kittitas County, government regulations, disaster, pandemic/epidemic illness, strikes or threat of strikes (except that neither party may terminate this Agreement for situations involving that party's own employees), civil disorder, or curtailment of transportation facilities-to the extent that such circumstance makes it illegal , impossible or economically impracticable for the parties to complete the duties and mutual obligations agreed upon and imposed upon them herein. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice from one party to the other within L0 days of such occurrence or upon delivery of written notice from one party to the other within 24 hours of the receipt of notice of the prediction of any of the above occurrences. To the extent feasible within the constraints imposed by any event of the type described above, the parties agree that if the triggering event is of apparently or likely transitory effect, the parties may negotiate such amendments to the agreement that are mutually satisfactory and not otherwise contrary to law, including but not limited to a change in the dates for completion of any portion or the entirety of this agreement. 2027 County Lodging Tax Funding Agreement Poge 6 LT -202T-OT8- KE E N -C I D E R 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 2027 County Lodging Tax Funding Agreement Page 7 txh tbr'f "nn CLTAC: Application for Lodging Tax Grant Funding Grant Application Workshop - 2020 *Dd you attend the G'ant Applicaticn lAbrkshop - 2020 hosted lry the l(iitas County Orar'|tler of Cormerce? f Yes ('No tr Yes, I have read and understand S-rbnittal hrstrllcticns and General lnfornEtion lor lhe2\21 Ldging Tax {}ant Funding R'me-ss Submittal lnstructions & General lnformation * You are strongly encouraged to compose your responses to the questions of this form with a desktop text editor and save your work, ihen copy and paste the information into the form. You may also save a draft by selecting the button at the bottom of this page. When you do this you will be logged out and must log back in to continue. ln order to save a draft you will need to provide an email address and a passuracrd. After completing the save draft, you will be redirected to landing page containing a link to log back into the form. We suggest you save this link as a booknrark. The llnk will also be sent to you in an email. Organization I nformation i Name of Organization* Kittitas Environmental Education Netunrk Organization Address * sreet Address 414 S WillowSt Address Line 2 oty Ellensburg tustall Zp &de 98926 StateI RovinceI Region WA &untry United States Organization is a:*f Business {r Non-Profit (Note: Please submit W-9 for business or IRS Designation Letter for non-profit.) Click here to view sample documents (redacted). Upload Proof of IRS Conf of Exempt Status under 501(c)3.pdf Organization Status * Acceptab{e file forn.ets irrclude; Jre: FDF or llFF. Project Contact I nformation 46.61K8 First Name*Jiil Last Name *Scheffer Phone Number*509-55'1-8807 - ..*bmarl kittitasee@gmail.com Project or Event lnformation ProjecVEvent Mme * WindFall Cider Fest & Rools Music Service Categories Oreck all catego|ies tlrat ap$y to this apflicaticxr l- Tourism promotionlmarketing ly' Operation of a special event designed to attract iourists l- Operation of a tourism related facility f other Event Dates Please provide any specific dates, or range of dates, on which your event or project will be held. You may add as many dates or date ranges as necessary. Event Dates Start Dates* 101212021 ProjecVEvent Location * New or Ongoing ProjecVEvent? * Amount of Funding Requested * End Dates 101212021 Kittitas Valley Event Center - Western Toranr f Ongoing Project/Eveni (More than four years in existence) G New Project/Event (Four or fermer years in eistence) $ 44200.00 lf you sdected "O€cing Ftoject/Erent" above this anount nay not exceed 10% of the total expense budget of this project. Funding Request Max Tourism Seasons*Fromthe list below, whal season will your prqect $hanc€ tourisr? Select atry which ap$y. l- Year-round (January - December) [- Off Season (November - February) 17 Shoulder Season (October or March - May) l- High Season (June - Sepiember) Application Questions: Part 1 Please answer each question completely, in the order listed. Please include anysupporting data within the response narrative. 1 | ProjecUEvent Description Please provide a description of your project/event. Response "l : ProjecVEvent Description * WindFall Cider Fest and Roots Music is from 3-9pm at Western Tovwr on the grounds of the Kitiitas Valley Event Center. Taps will open mid-afternoon, and the concert will siart shorily thereafter. The perfect pairing of Cider & Music meet again lo celebrate the colors of fall in the center of Washington Ciderhouses from Puget Sound, Wenatchee, Yakima and around the region will bring enough varieties to make the most experienced taster staroon. Four live bands, Bluegrass to Folk to Americana, will orur the ouldoor stage. WindFall is an event for ages 21 and up.lD will be required. WindFall is the grandest gathering of Cider in Central Washington. Tra,elve or more cider houses will be doing their best to impress. Each cider house will bring two or three varieties for tasting. From dry to sraeet to hopped to fruited, herbed or flowered, there's a cider for everyone. Local resiaurants and concessions will offer pleniiful handy food for every taste. Beer, wine and soft drinks will also be available. Four live bands, not entirely traditional, but deeply rooted. "And Roots Music" means Bluegrass-Americana-Folk will light up the Western Torrvn courtyard stage and bring an energetic concert to WindFall. Our 2020 event was cancelled due to Covid19. 2500 chaiacter linii List of lntended Use of Funds* Advertising Talent Fees Printing Marketing Facility Rental Volunteer Training Office Supplies Equipment Hire Transport 2l Suppoding Kittitas County as a tourism destination 1. Auray from their place of residence or business and staying overnight in paid accommodations; 2. f o a place fifty miles or more a\^€y from their place of residence or business for ihe day or staying overnight; 3. or from another country or state outside of their place of residence or business. You must provide the evidence utilized in determining your projections, Response 2.1 *V\ihy wcrld tourists travd to lfttitas Oounty to attend your evenUactivilylfacility? As the largest public event lor KEEN, WindFall will continue to showcase central Washington ai the height of the fall season. Hard cider is the nation's fastest growing beverage and that industry continues to gain fans from around the couniry. Washington State is a hothouse of cideries and is globally knou'n as the apple capital of the \Morld. We have done this eveni twice now and Ciderhouses are now asking WindFall if they may attend. Musicians are asking WindFall how they can get a chance on the stage. Con'rmunity members are asking how they can get involved. We are fortunate to lwrk with veteran music festival producers, Chinook Entertainment, and add the Chinook "Where Great Music Meets the Great Ouidoors" e4oerience to the event. ln 2019 we welcomed: Head for the Hills from Boulder, Co., Fort Defiance from Nashville, Young Feller from Leavenr,r,orth, and Ellensburg's oun Killdeer String Band. Equal parts craft cider tasting and outdoor concert, WindFall appeals to a wide, adult audience. Travelers around the slaie have identified a new destination event where they can "meet in the middle" with friends who live on the opposite end of l. 90. ln 2019 vve vvelcomed evenl participanls from Porlland, Missoula, South Dakota, Seattle. Tri-cities, Wenatchee, British Columbia, California, Coeur D'Alene, Spokane, Renton, Bonney Lake, Kirkland, lssaquah, and Nebraska. 2019 attendance data is attached. 2500 character linit Response 2.2* Application Questions: Part 2 Dscribe the prior success of ycur evenUactivity/facility in aitraction lourisls. Our 2018 and 2019 evenis grew exponentially and lr,e had hoped for a successful 2020 event. Obviously we had to cancel, but rne feel that we can recapture ihe momentum in 2021. Our first year saw slightly less than 300 attendees wiih smaller name bands and 8 cider houses attending. 2019 saw464 attendees, with larger name bands and 12 cider houses. Building on that success, vrre anticipate 650 attendees in 2021 with larger name bands and 15 cider houses. Using Cognito Forms for on-line ticketing, \€ collect all emails and mailing addresses of all tickets sold on line, and all sales of tickets, gift certificates and promotional give-aways are also added to that database. 2019 attendance data is attached as an upload. ln addition, r,te have day-of ticket sales purchased at the window. That information is also uploaded from 2019. ln 2019 Cider houses requested hotel information, adding at leasl ten rooms for the weekend that \ € are a\,1€re of. We also reserve four rooms for the bands for one night each. Camping on site at the KVEC has been purchased by festival attendees in both 2018 and 2019. With successful 2018 and 2019 events, ue will have returning attendees and increased new attendees. Ticket sales to out of area visitors {50 miles or more) are estimated to be 2/3 of total ticket sales based on previous years. ln 2021 ue anticipate 650 guests so 429 of them will be tourists. 2500 character lirnl ,":: 3llmpact Response 3: Measuring Results* Application Questions: Parl 3 Dscribe how ycxr will pronote your evenflactivity/facility to attract ttxlrists. We will again use diverse markeiing methods to achieve Wdespread print. digital, radio advertising iargeted to our audience. We will work closely again with Chinook Entertainment to schedule big name bands conring from outside the immediate region AND who have a following that will travel. Bands with good marketing and loyal audience will be given preference over others. We have iwo local Kittitas County cider houses. Cideries with established clientele and followers will have a higher priority than those with little or no marketing ability or fan base. Having cideries from out of state proved to be problematic due to the nature of WSLCB, but having vendors from Spokane, TriCities, the Olympic Peninsula, and around the state will happen again. Our partnership with Sip NorthWest and CiderCraft magaZnes targets a very wde area (entire \rcst coast) but the publications are selective as to audience. Their subscribers are mostly in Washington, but are affluent tourists - craft beverage tourists. Their print magalnes are widely distributed, heavily along the l-5 corridor from Portland io Bellingham, in high end hotels, restaurants, winerys, breueries, etc. and their digital presence is far wider. Their goal is to sell the wtrole northrrest as a craft beverage vacation destination. They will provide data to us regarding location of interested people (that click through to our vr,rebsite) at the conclusion of this year's advertising plan. Our radio buy with Northwest Public Broadcasting has been successful. That is the source of information wtrich has led to several inquiries that turned to sales through our website email. Facebook and Instagram advertising on our WindFall sites will again be utilized. We have excellent response rates to those ads (though rive have no data from 2020). For 2021 \rc anticipate uorking with the Chamber of Commerce to conduct and focus our efforts, they may recommend other avenues of outreach for our marketing. I 2500 characler lirit 4lCollaboration lf your organization collaborates or has created partnerships with other organizationt groups, or other events, how is this accomplished? 4.1 Collaboration * 4.2 Promoting Local* HUSINESS Our collaborations include u,rrrking with Chinook Entertainment and Chinook Fest, and mutually beneficial relationships with regional cider houses, local winery and a local craft breuery. WSU's Master Cidermaker program has proven to be a great partner, and will increase their involvement f or 2021 . KFEN is a member of the Kittitas County Chamber of Commerce and our all volunteer board brings connections with CWU, conservation groups, and dorrrntovrlr business ovvners. CWU Recreation and Tourism program provides practicum students to help manage and plan the event and we anticipate that they will again be supportive. We were building a partnership with the NorthWest Cider Association, the US regional organization promoting apples, groraers, cidermakers and distributors from the Northvest throughout the nation. We will continue to cultivate that relationship tor 2O21. Wilh them, Cidercraft, and WSU, uie will be solidly set as a leader of cider events 2500 character linit Desctibe hol yct.rwill pron.nte lodgirrg estaltrishnents. restaLn'ants, and busjness located in Kittitas &unty On our website, we have links to booking our partner hotel, and booking lodging through MyEllensburg. We also sell RV and camping on-site at the KVEC. Those Iinks are all framed wiih a "you should take extra time and take a look around Kittitas County" message. That message has been reiterated through facebook posts which lead to the u,ebsite lodging page and thus bookings. We seek community sponsors for this event. Attached is our 2020 sponsorship campaign which was never sent out. lf rae garner local sponsors, their namesllogos and so on are listed on banners, tickets, progtams, and social nredia. We also hand out Chamber materials to all attendees. The ultimate purpose of this event is to gain attention for the Yakima Canyon lnterpretive Cenler project. That in itself is a big-picture, long-ternr tourist benefit. We vwnt people to take to heart the Kittitas Environmental Education Netuork message, and become eplorers of the Yakinra Canyon, the Teanaway Community Forest, ihe WindFarm, Ginkgo state park, and all the rest. Our mission is to "Connect Community to Nature". and create life-long learners. We support outdoor recreation and education as a worthwirile experience in Kittitas County. 2500 character Iir nL 4.3 Host Hotel*ls lhere a llosl hotel for your event or grant project? lf yes. Iist tho hotel. CNo (' Yes. fioiidlv lnn H:1.rress 5l Future Plans Please explain what plans exist to allow this project to become self-sustaining. lnclude any plans for ticket sales, event sponsors, and other cost-recovery models. Future Plans*We will do more research and identify more sponsorship deadlines, to secure partnerships of that nature earlier. In fact, rae have started already. Ticket prices will increase incrementally, and u,e will offer more side events - like paid cider-making wrrkshops - thal will attract more attendees and increase revenue. Keeping great musicians is critical, and balancing what's affordable with wfrat's exciting and attractive to ticket buyers, will continue to be something that lve monitor closely. We also plan to build the partnership with Chinook Entertainmeni so that one day the partnership has them paying for the talent and KEEN can focus on other elements of the event. CiderCraft/Sip and NW Cider Association have both indicated ihat they vliculd support (sponsor) a juried/competitive program, uhich uould attract the very highest quality products from around the State. NW Cider Assn may help us negotiate lhe pathraays to being able to offer out of state products. Beverage competitions charge entry fees, and that unuld increase our income and boost our cachet. Which in turn would make us more altractive to sponsors. 2500 character linit Application Questions: Part 4 6l Additional lnformation Provide any additional information which will assist the Lodging TaxAdvisory Committee in evaluating your project and its benefit to tourism. 2020 lnformation ll you had a planned event in 2020, whether it was able lo take place or not, dease describe any successes and clrallenges you experiered. We cancelled cider fest early in the planning process. Hor.rever, rire had made agreements with Chinook Entertainment, reached out io cider houses, and started our volunteer planning comnrittee. lt lras a hard decision to make early, but r,r,e decided to so that our focus could be on our educational programming instead. 2500 characta'linit There are several connections which have been identified that we will strengthen in the next planning process, and be able to take advantage of with more iime and organization. But interest has been documented and the willingness of people to step ou1 for such a memory-making getar,my event is proven. Attached is Chinook Entertainment's proposal for 2021 This event is designed to highlight the agricultural environment that is not only Kittitas County but all of Central Washington. lt draus attention to smaller family farms, and the increasingly diverse rrays that our rural nature is sustained by producing orchard commodities in a nerrer ways (that are actually really old). Cider is indeed trending, with a growing audience wtro support the market because: they like the flavor; they like the variety of flavors; ihey like that it's locally made; they iike that small orchards are getling a new lease on life; they like a frosty adult beverage on a hot day (and they're nraybe a liitle tired of beer); they are avoiding gluten; they are focused on buying organic/local; they urant to try making it thenrselves, they urant to share it with others. The music has also proven io be a great draw. Roots Music across the region continues to have a loyal audience, and in fact, attendance at Chinook Entertainment festivals is increasing. 2500 character liril Supporting Documents You nay upload any supporlir.rl; clocunents slrclr as grapirs, inuges. di?rgrai6, narketing ntterials. eto. WindFall Cider Fest Registration 2019.pdf 110.15K8 201 9 Cider Fest Tickets and Survey Responses.pdf 1 1 9.5K8 2021 Windfall ProposalOplion B corrected.pdf 15S.62K8 Ycu are allowt1d to subrria up to 3 single page (L.S Letter) docur€nts in JPQ HF or T]FF fcxnet 7l Prevlous Lodging Tax Grant lnformation Additional lnformation Previous Years Awarded Lodging Tax Grants.* Overall Attendnace 2019 Actual* 446 2019 Actual* 294 2019 was only our second Ciderfest, and the feedback we heard vras that it vras extremely well planned and the feedback from ctderhouses, publications and others in the industry has been entirely positive. Many of them now have WindFall on their radar as having a capable team with good support from the Ellensburg/Kittitas County community. l-bs your etrent received Lodging lax lunds in previous years? f No, this event/project has not previously received Lodging Tax Funding f Yes, 1 year previous {t Yes, 2years previous f Yes, 3 or more years previous 2021 Projected* 650 Number of people travelling more than 50 miles for your event? 2021 Projected* 429 Number of people traveling from outside WA State for your event? 201 9 Actual *2021 Projected* 25 The number of overnight guests who stay in paid accommodations in Kittitas County for your event 60 Number of paid lodging room nights resulting from you event/activity/facility? 202'l Projected * 325 201 9 Actual * 126 201 9 Actual 132 * Prior Year Paid Overnight Stay Data 2019 Methodology* 202'l Methodology* 2021 Projected* 300 h addition to field above. yrx nay uSoad the evidence to slrppctl th-. priry years' rcxxrlnighl inforration. WindFall Cider Fest Registraiion 2019.pdf 1 '10.15KB You nay Ltpload up to thre€ sirrgle pag€s (l-S Letter), of infornEtion. lf you a single mrlli-page doclffient, only the first three pages will be considered. -lhe following fornals. will be accepted: JPG, FDF or TiFF Wrat n€thoddogy did you use to calculate the 20Jg actual nunbers? ly' Direct Count (preferred) l- lndirect Couni l- Representative Sr,rrvey 17 lnformal Survey (preferred) l- Structured Estimate l- Other 1 ftat nethoddogy w ill you use to calculate ihe urcoffing nunlrers? 17 Direcl Count (preferred) , I lndirect Count l- Representative Survey V lnformal Survey (preferred) l- Structured Estimate l- Other Methodology Narrative * Application Questions: Part 5 Fcus.. exptairr. WindFall is date specific, and we will be promoting further in advance and further arrrcy fronr Ellensburg, with more intensity, than in i019. Publication advertising will be refined. Our parlnership with Sip NorthWest and CiderCraft Magalnes will begin earlier, and add print to their digital presence. They will, at the conclusion of the publishing/financial cycle, provide the data rnhich will demonstrate their effectiveness (not available at time of grant application). We will compile data fronr Cognito Forms and Square. We'll have that available during preserrtaiions to CLTAC in November. At the evenl in 2019 r,r,e surveyed altendees but found that doing the survey at an event where alcohol is imbibed...might not be the best nrethod. We awarded benefits for returned surveys, but they were still not raell lilled out. h 2A21 we will strive to get better responses. We have talked about using tablets with roving survey volunteers going through the event...everyone to ansu,ers gets a free drink ticket or something. We are still thinking it through, but our goal is to get a response from everyone w{-ro attends. ln addition, our Cognito forms tickel sale/registration will have a survey included with required ans\r€rs: -Zip code of residence? -Staying the night? -How many nights? -How many people in your party? -With a friend or in paid accommodations? -Will you attend next year? -Will you invite friends to attend with you? -ls there a band you recommend that you would travel to see? -How did you hear about this event? -What is the best \,€y for you to hear about events like this? -Will you spend any extra leisure time exploring Ellensburg and Kittitas County? 2500 character linit SlFunding Does your organization have, or have you applied for, grant funding from other sources? lf not, why not? lf yes, please lisl the funding you have for the project, including any volunteer and in-kind sources in Question 9l Project Budget Overview. Funding sources and amounts wtrich have not yet been secured will be listed separately, in the field(s) directly below. Finally, ufrat changes would occur if the project couldn't be funded? Other Funding *Dres your orcanbation have, or have you apptied for lunding lrmrotheir sources? GYes fNo Funding for which you have applied but not yet secured Funding Source Sponsorships Private Foundations Amount $ 1o,ooo.oo $ 5,000.00 Funding Shortfalls* Matching Funds Percentage Verification of ln-kind Contributions 9l Project Budget Overview Please complete budget for this project/proposal. lf your agency operates independently of this project application it may nol be necessary to submit the entire agency budget. You must submit a budget which specifically pertains to the project/event for which you are requesting funding and adheres to the basic budget format shown below. The budget must include anticipated revenues, e>penditures, and any potential profit or loss. For projectsievents which are ongoing for more than one (1) year, please also subnrit actuals fronr the previous three (3) years of operations (need not be consecutive) for the project/proposal if applicable. For any claimed in-kind contributions valued at $500 or more and related to marketingladvertising, you must submit verifying documentation which assures the contribution will be provided. For instance, if you are claiming in-kind contributions in the form of advertising match, a binding contract itemilng the matching value and obligating each party must be provided. ATTENTION: ln an effort to allow an adequate level of flexibility for all applicants, not all fields in the budget portion are required to be filled before this form is submitted. Providing all applicable data is your responsibility, failure to do so will potentially jeopardize your application's chance for review. \,Ahat changes wiil be rr:lde if f uncling for your reqr:est is nr:l available or recorretded? Since many of our costs are fixed (talerrt fees, facility rental, equipment hire), u,e will modify advertising, printing and marketing supplies if needed to reduce the overall cost of the event. 2{;00 charad--r lidt. 122.17 o/o Ihis field will aulo fill\,vith lhe correct percenlage based on your input lo bLdget section belo\r,r For atry clairrtC in-knd cc}ltribulions valued at 9500 0'*ore and related io rerkeling/advertisirg, yoll 'rusl strbnit verifyirg docurrenlaiion \,vhich asstires the contributirln will be providecl. Budget Year Edit if necessary 2017 2018 2019 Revenues From Consolidated Lodging Tax Grani Past Actual 2 $ 9,000.00 Past Actual 2 $ 13071.00 $ 0.00 $ 1000.00 $ 0.00 $ 450.00 $ o.oo $ o.oo Past Actual 1 $ 9,107.00 Past Actual 1 $ 17188.00 $ 355.00 $ 1300.00 $ 250,00 $ 20s9.00 $ 1210.00 $ o.oo 2021 Projected $ 44,200.00 Projected $ 30000.00 $ 1000.00 $ 10000.00 $ 500.00 $ 5000.00 $ 2000.00 $ 5000.00 LTAC Grant Funding Past Actual 3 $ o.oo All Other Revenues Account Name Past Actual 3 Ticket Sales $ 0.00 Merch $ 0.00 Sponsorships $ 0.00 Donations Wticket $ 0.00 sales Bottle Shop Sales $ o.oo Scrip $ 0.00 Private Foundations $ 0.00 I n-Kind Contributions (except volunteerism) Account Name Past Actual 3 Past Actual 2 Past Actual 1 $ 0.00 $ 0.00 $ 0.00 Account Name Service Fees Past Actual 3 $ 0.00 Past Actual 2 $ 200.00 Past Actual 1 $ 32s.00 Past Actual 1 1,276 Projected $ 500.00 Projected $ 0.00 Projected 1,276 Contributions of Volunteer Time Past Actual 3 Past Actual 2 Number of Hours 1,000 Evidence of Volunteer Flease uSoaci a single file which offers evidence in supporl of the projected vdunteer hours. Contributions* WindfallCiderFestVolunteerJustification.pdf Calculated Value of Projected Volunteer Time $ 30,062.56 118.27K8 Past Actual 3 $ o.oo Past Actual 3 $ 0.00 Past Aciual 2 $ 23721.00 Past Actual 2 $ 25083.00 Past Actual '1 $ s1774.O0 Projected , $ 128262.56Revenue Totals Expenses Account Name Supplies Printing Ticket Sale Fees Facility Rental Travel Volunteer Training lnsurance Advertising Permits Liquor Costs Talent Fees Marketing Equipment Hire Transport Merch for Sale Past Actual 3 $ o.oo $ 0.00 $ $ 0.00 $ o.oo $ o,oo $ 0.00 $ 0.00 $ o.oo $ o.oo $ o.oo $ o.oo $ o.oo $ o.oo $ 0.00 Past Actual 2 $ 3218.00 $ 1314.00 $ 266.00 $ 1328.00 $ 190.00 $'t22.00 $ 200.00 $ 5375.00 $ 70.00 $ 4000.00 $ 9000.00 $ o.oo $ 0.00 $ o.oo $ o.oo Past Actual 1 $ 3s28.00 $ 567.00 $ 470.00 $ 1581.00 $ 0.00 $ 26s.00 $ 200.00 $ 3986.00 $ 70.00 $ 4623.00 $ 12500.00 $ 0.00 $ 1222.00 $ o.oo $ 1000.00 Projected $ 4ooo.oo $ 750.00 $ 755.00 $ 1600.00 $ 250.00 $ 650.00 $ 200.00 $ 10000.00 $ 70.00 $ 6000.00 $ 17500.00 $ 5000.00 $ 4400.00 $ 300.00 $ 1500.00 Past Actual '1 $ 29810.00 Projected $ 52975.00Expense Totals Profit & Loss Past Actual 3 $ 0.00 Past Actual 2 $ -1362.00 Past Actual 1 $ 1964.00 Projeeted $ 75287.56 Application Certification The applicant here certifies and affirms: 1. That it does not now, nor will it during the performance of any contract arising from this application, unlawlully discriminate against any employee, applicant for employment, clieni, customer, or other person who might benefit from said contract, by reason of age, race, color, ethnicity, sex, religion, military status, serual orientation, creed, place of birth, or disability; 2. That ii will abide by all relevant local, state and federal lau,s and regulations and; 3. That it has read the information contained In the lnslructions on pages I and 2 and understands and will comply with all provisions thereof. Certified by: Name*Jill Scheffer Applicant's Title *President Sign J-H'I'r(8.IIAIJ RAVT'NUE SEa'VICAP. O. POX 2508 Cf,HgnuHATf, OE t[52o1 Date;A1160tm DEPARII{ENI OF THB XREASI'NY Srloyer ldentiflcatio Xhrnber: 22-384902L DIJIiI: 1705306780L013gdBtacB lergon: I,. gIAYNB BSIEB ID# 31452 CoDtact felephone lnrnrber:(877t Se9-5s00 Efubllc &arity StaEus: 17o(bl (rl (Al (vil KTTTTTA€ ff\ TRON}A'SAL ETTUCATTOAI ITSIflORK PO BOX 597 Er.T'F.lVgBttRc, 9rA 90925 bear ApplieaaE: Our letter dated iNII'Y 2OO2. atsaled yrru roufd be exeqrt f:rom Federal i.-acome Cax under secElqn 501 (ct (31 of the Inbernal Reveque Code, and you would b6 treabod as a pubUc cbarity altrriCIgr ao advaice nlf,trg glerLod- Ba6ed ou our records and on tlre iintormat,l,on 1ou eubud.tted, He arte pieased to cotrf,iru that ysu are e:Eeqrt, under €eqtrior SoL (el (31 of tbe eode, and liou are elassified e6 a public ctrarlty under r''he Csdc cectiotr lieted ts tb,a bcrding of Ehis leEter, publicaelon 55?, Tax-&(€Epts Sgatsua for Yanr Orgraniaatlon, provideg detalled lafolInacloll a'bout your fiihte and resEoruibllibies as irtr exeqlt orggnizatios' -you may reque,st " iopy'ty capi4g t11e Colf.-free nqg1b€r for forrrs.- (€OOl gzs-iazg- Inf;rroallon te a]'eo avallatile ou <rur xrtenet lleb sj"te .t flww, irs "ggv. If you have geseral qucatsLolo abo4rB exeqtE otganizaElono, please eall sur boli-free nUmber efrOr"o iu tsbe heading batsween 8:OO a.o. - 6:30 B-I0. EaEtorn timo. Pleage keep thia Lebter :ia ftrnrr petaaB€Dt recgrda. Slncerel-Y Yc rrs, #a a G. l.errr.et &(erpt orga-uizaELcns Ruliagg aEd AEi'reemerts i,ettssr 1050 (DOlCg) |l Kittitas County Lodging Tax Volunteer Match Cider Fest 2020 TasksVolunteer Name JillScheffer Stefanie Wickstrom Thatcher Montgomery Sarah Maes Landon Shaffer Gary Cox & Jerry Scoville Event Day Volunteers (20 people for 6 hours average) Board President, Event Planning, Design, Marketing, Promotions, Budgeting, Tracking, Purchasing, Ticket, and All Event Tracking and Reporting KEEN Board Treasurer - project financial oversight and management Event ticket sales management, coordination and reporting KEEN Board Member and Cider Fest Master Fester - all event details and planning extraordinaire KEEN Board Member, Volunteer Coordinator and Security lead KEEN Board Members at large - project oversight and financial oversight, event day assistance Rate* Hours s 2s.43 220 S 2s.43 732 S 2s.43 64 S 2s.43 400 S 2s.43 220 S 2s.43 L20 set up, tear down, pouring, scrip taking and more 5 2s.43 120 t276Total * lndependent Sector Non profit Volunteer Rate 5 Total 5,594.60 3,356.76 1,,627.52 s s I0,172.O0 5,594.50 3,051.60 3,051.60 S 32,448.G9 s s s s BillingAddress City Ellensburg Ellensburg Ellensburg Ellensburg Bellingham Penticton B.C. Yakima Elma Sunnyside Ellensburg Shelton Ellensburg Quincy Ellensburg West Sacramento Ellensburg Ellensburg Bellingham Ellensburh Ellensburg Ellensburg Ellensburg Seattle Ellensburg Ellensburg SPOKANE Ellensburg Renton Olympia Ellensburg Ellensburg Maple Valley Ellensburg Billi ngAddress_State WhereDidYouHearAboutThisEvent2 Washington Word of mouth Washington Facebook, Word of mouth Washington Facebook Washington Word of mouth Washington Word of mouth Washington At another event Washington Facebook Washington Word of mouth Washington Other online ad Washington Facebook, Word of mouth Washington Word of mouth Washington Poster, Ellensburg Farmers Market Washington Facebook Washington Word of mouth, Facebook California Facebook Washington Word of mouth Washington At another event Washington From E3 Conference Organizers Washington Poster Washington Word of mouth Washington Facebook, Word of mouth Washington Other online ad Washington Web search Washington Poster Washington Went previously Washington Other print ad Washington Facebook Washington Word of mouth Washington Word of mouth Washington Poster Washington Word of mouth Washington Word of mouth Washington Poster WillAnyOffourGroupBePayingForLodging No No No No Yes Yes No Yes Yes No Yes No NO No Yes No No No No No No No No No No Yes No Yes No No No Yes No Spokane Yakima Yakima Richland Yakima Ellensburg Puyallup Ellensburg East Wenatchee Ellensburg Vancouver Seattle KITTITAS Harrah Ellensburg Ellensburg Ellensburg Ellensburg orting ellensburg Charlotte ELLENSBURG Ellensburg Ephrata Ellensburg Cathlamet Kittitas Ellensburg Ellensburg Ellensburg Ellensburg West Richland GIG HARBOR ellensburg Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington North Carolina Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Word of mouth Word of mouth Facebook KEEN email/newsletter Poster, Facebook, Word of mouth Poster KEEN email/newsletter, Facebook Word of mouth A Monkey's Uncle Went last year! NPR Word of mouth Facebook Friend Facebook, Word of mouth Attended last year Facebook, Word of mouth Facebook Word of mouth KEEN email/newsletter Word of mouth Facebook, Word of mouth Facebook Facebook Word of mouth Word of mouth, Facebook Word of mouth Word of mouth Word of mouth Word of mouth KEEN email/newsletter Word of mouth At another event Word of mouth No No No No No No Yes No No No Yes Yes No No No No No No Yes No Yes No No No No Yes No No No No No No Yes No Lacey Ellensburg Seattle South Cle Elum Elllensburg Ellensburg Ellensburg ELLENSBURG ellensburg Ellensburg Ellensburg ellensburg Ellensburg Ellensburg Ellensburg Ellensburg Richland Ellensburg Yakima Norwalk Sequoia National Park Yakima Ellensburg Ellensburg Thorp Monroe Ellensburg OLYMPIA Kelso Cathlamet Cathlamet Port Richey Ellensburg Puyallup Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington California California Washington Washington Washington Washington ,Washington Washington Washington Washington Washington Washington Florida Washington Washington Word of mouth, At another event Word of mouth Facebook Facebook Facebook Poster Word of mouth farmer's market booth KEEN email/newsletter Poster Word of mouth Facebook KEEN email/newsletter Facebook, KEEN email/newsletter, Oth( No KEEN Education Committee No Word of mouth Yes At another event No Facebook No KEEN email/newsletter No KEEN email/newsletter No At another event No Word of mouth Yes Word of mouth Yes Word of mouth No Facebook No KEEN email/newsletter No attended last year No Word of mouth No Other online ad Yes Word of mouth Yes E3 No Facebook No Facebook Yes Yes No No No No No No No No No No No No No Ellensburg Ellensburg Ellensburg SeaTac Langley Auburn Auburn Ellensburg Ellensburg Seattle Gunnison Ellensburg Desert Aire Kennewick Ellensburg Omaha Ellensburg Ellensburg EAST WENATCHEE Yakima Auburn Olympia Ellensburg Bellingham Ellensburg Olympia Ellensburg Winchester Ellensburg Ellensburg Wenatchee Ellensburg Ellensburg Oak Harbor Washington Washington Washington Washington Washington Washington Washington Washington Waslrington Washington Colorado Washington Washington Washington Washington Nebraska Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington ldaho Washington Washington Washington Washington Washington Washington Word of mouth No Word of mouth No Word of mouth No Word of mouth No At another event Yes Facebook Yes Facebook, Seth Garrido Yes Word of mouth No NPR No E3 Washington No E3 Conference No Word of mouth No Friends No Went last year. lthink FB Yes KEEN email/newsletter No Word of mouth Yes Word of mouth No Facebook No Facebook Yes Facebook No Word of mouth No Facebook, Word of mouth, Came last yr No Facebook No Word of mouth Yes Word of mouth No KEEN email/newsletter No Facebook, Word of mouth, KEEN email/ No Email..attended last year No Word of mouth No Word of mouth No Bandsintown app Yes Word of mouth, Facebook No Facebook No At another event Yes Ellensburg Tukwila Puyallup Ellensburg Renton Ellensburg Enumclaw Olympia Washington Washington Washington Washington Washington Washington Washington Washington Facebook Word of mouth Facebook, Email NPR Facebook Word of mouth Word of mouth Attended last year! No Yes No No Yes No No Yes Cruruoott Service Agreement made as of O9 I 23 / 20 between KEEN ("Purchaser") and Chinook Entertainment, LLC ("Producer") for the terms and conditions herein set forth. L. Event/Venue: WindfallCiderFest Venue Address: 901 E. 7th Ave., Ellensburg, WA 98926 2. Service Agreement: Producer shall provide booking, contracting, advancing and payment to Artist(s) for below Engagement Date & Times. Producer shall provide booking and coordination of stage, sound, lights and technical engineers and make payment to those production vendor(s). 3. Engagement Date(s) and Time(s): October 2"d,2021' Music runtime 4:00pm - 10:30pm 4. Compensation: Purchaser shall pay Producer 522,200.00 Stage/Sound/Lights Rental s4,400.00 Production Delivery Fee s30o.oo Talent Fees + Booking $17,500.00 5. Payment Terms: 50% deposit (S11,100.00) due July 7st,202L. Balance (S11,L00.00) due Day of Event 6. Special Provisions: Purchaser to provide and pay for Artist Rider requirements not outlined in Compensation above. Failure to present the Event or lnclement Weather shall not relieve the Purchaser of the obligation to pay agreed upon compensation herein. This Agreement and any attachments including but not limited to "Additional Terms and Conditions", and any other addenda referenced incorporated herein constitute the entire agreement between parties, shall be governed by the State of Washington law, and may be modified only by signed writing. The persons signing below warrant they have authority to bind the parties to the terms of this Agreement. The Agreement will not be executed until signed by all parties below. os/23/2020 Authorized Representative Fresh Hop Committee Date Cody Beebe Chinook Entertainment LLC PO Box 309, Naches, WA 98937 s09.969.5930 TIN:46-29L8278 Additional Terms and Conditions Date Chinook Entertainment I PO Box 309, Naches, WA 98937 L. Purchaser agrees to furnish and pay for, at its own expense (a) on the date(s) and at the time(s) of the Engagement above mentioned all that is necessary for the proper presentation of Event, including but not limited to; a suitable, permitted location, necessary electricians, all licenses (including musical performing rights licenses), security, special police, ushers, ticket sellers, ticket takers, appropriate and sufficient advertising, (b) all music royalties in connection with Artists' regulatory company, (c) all sales and amusement taxes. 2. ln the event of sickness or accident to Artist or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, war conditions, emergencies or any other similar cause beyond the control of Artist, it is understood and agreed that there shall be no claim for damages by Purchaser and Artist obligations as to such performance shall be waived. ln the event of such non-performance for any of the reasons stated in this paragraph, if Artist is ready, willing and able to perform, Purchaser shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to Artist shall be returned on a pro-rata basis. 3. Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made not-withstanding. lf Purchaser and Artist disagree as to whether rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, Artist's determination as to performance shall prevail. 4. ln the event Pu rchaser refuses o r neglects to provide a ny of the items or to perform a ny of the items or a ny of its obligations herein stated, and/or fails to make a ny of the payments as provided herein, Producer shall have the right to refuse to perform this contract, and to refuse performance by Artist. Producer shall retain any amounts therefore paid and Purchaser shall remain liable for the agreed upon Compensation herein set forth. 5. The entertainment presentation shall be billed and marketed in such order, form, size and prominence as directed by Producer on all advertising and publicity issued by or under the control of the Purchaser. Artist's name or likeness may not be used as endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up or merchandising without Artist's prior written consent. 6. Purchaser shall not itself nor shall it permit others to record, broadcast, televise, photograph, or otherwise reproduce the visual and/or audio performances hereunder, or any part thereof without expressed written perm ission from the Artist's representatives. 7. Artist shall have the exclusive right to sellsouvenir programs, ballet books, photographs, records and any and all types of merchandise including but not limited to articles of clothing, posters, stickers, etc, on the premises of the Event/Venue of performance without any participation in the proceeds by the Purchaser. 8. Unless stipulated to the contrary in writing, Purchaser agrees the Artist may cancel the engagement hereunder without liability by giving the Purchaser notice of at least sixty (60) days prior to the commencement date of the engagement hereunder. ln the event of cancellation by Artist as set forth in this paragraph, Producer shall make its best efforts to contract a comparable substitute and Purchasershall not hold Producer liable, apply penalty or fees or withhold Compensation. 9. Artist shall have exclusive control over the production, presentation and performance of the engagement hereunder. Artist shall have the sole right, as Artist may see fit, to designate and change at any time the performing personnel. Purchaser agrees (a) to comply promptly with Artist's directions as to stage settings for the performance(s) hereunder, (b) that no performers other than those furnished by the Artist hereunder will appear on or in connection with the engagement without expressed written permission from the Artist's representative. 10. Nothing in this agreement shall require the commission of any act contrary to law or to any rules or regulation of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by Artist or Purchaser hereunder. lf there is any conflict between any provision of this agreement and any law, rule or regulation shall prevail and this agreement curtails, modified or limited only to the extent necessary to eliminate such conflict. Purchaser agrees to comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities, and personnel to be furnished by Purchaser. Chinook Entertainment I PO Box 309, Naches, WA 98937 11. Purchaser hereby warrants and represents that Purchaser has and will maintain in full force and affect, a general liability insurance policy with a reputable insurance company, licensed to do business in the State of Washington. Said policy must provide coverage in an amount of no less than $1M per occurrence for property damage and/or bodily injury. A certificate of insurance related to the coverage listed above shall be furnished by Purchaser upon request. 12. Purchaser hereby indemnifies and holds Chinook Entertainment as well as their respective agents, representatives, principals, employees; officers and directors, harmless from and against any loss, damage or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Chinook Entertainment, LLC or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person, firm or corporation as a result of or in connection with the engagement, which claims does not result from the active and willful negligence of the Artist. 13. Chinook Entertainment, LLC acts herein only as agent for Artist and assumes no liability for any act of commission or omission on the part of either Artist or Purchaser. ln furtherance therefore and for the benefit of Chinook Entertainment, LLC, it is agreed that neither Purchaser nor Artist will name Chinook Entertainment, LLC as party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of Purchaser, Artist or Chinook Entertainment, LLC, L4. This Agreement (a) cannot be assigned or transferred without the written consent of Producer, (b) contains the sole and complete understanding of the Parties hereto and (c) may not be amended, supplemented, varied, or discharged, except by an instrument in writing signed by both parties. The person executing this Agreement on Purchaser's behalf warrants his/her authority to do so, and such person hereby assumes liability for the payment of said Compensation in full. Signatures of the Parties, either electronic or transmitted by facsimile or e-mail, shall be deemed to be their original signatures for all purposes. Chinook Entertainment I PO Box 309, Naches, WA 98937 WindFallCiderfest and Roots Music Guest Survey - 91 total returned Bought Ticket Online Pre-Sale Farmers Market Give aways At Gate Total How did you hear about Cider Fest NPR Other Radio Print Publication Facebook Friend Chinook Fest Poster Flyer Newspaper E3 Conference Total Sales - 446 I Online pre-Sale 4; Farmers Market I Give aways I At Gate How Did You Hear About Ciderfest? E3Conference - 296 16 '24 110 446 2 3 7 27 4L 8 t 2 9 Newspaper Flyer Poster Chinook Fest Friend Facebook Print Publication Other Radio NPR o I i I i 40 I l I I 10 I I i 5 15 20 2s 30 l I 35 45 Exhibit "8" Guidelines and Requirements for Expenditure Reimbursements from Lodging Tax Section 1. Branding Contractors who have been approved to utilize grant awards for advertising expenditures must incorporate Kittitas County and the appropriate City of Cle Elum, Ellensburg, or Roslyn tourism information as follows: A. Websites and Social Media Sites must include the County's and appropriate City's tourism website logo with an operational link to the site(s). The logo must be displayed on the contractor's home page, it must be sized no smaller than% inch in height, and must be surrounded by appropriate white space to allow easy recognition and legibility. Contractors shall not change the logo(s) in color or appearance. B. Print Advertising and Online Displav Advertisins of all types ( including but not limited to newspaper, periodicals, flyers, posters, billboards, direct mail, e-newsletters, third-party websites, streaming displays, etc.) must include the County's and appropriate City's tourism website logo. The logo must be sized no smaller than% inch in height, and must be surrounded by appropriate white space to allow easy recognition and legibility. Contractors shall not change . the logo(s) in color or appearance. C. Video Advertising of all types (including but not limited to television, online, electronic kiosks, motion billboards, etc.) must include the County's and appropriate City's tourism website logo. The logo must be sized no smaller than/z inch in height, and must be surrounded by appropriate white space to allow easy recognition and legibility. Contractors shall not change the logo(s) in color or appearance. All logos and website information may be obtained by contacting the Director of Tourism, Kittitas County Chamber of Commerce. Section 2. Advertising Reimbursements Contractors seeking reimbursement from Lodging Tax Funds for advertising expenditures must adhere to the following guidelines and requirements for each type of advertising media utilized. A. Print Advertising 1. Print advertising placed with any media provider which operates exclusively outside of Kittitas County may be reimbursed atLOO% of the cost, including any production costs. To operate exclusively outside of Kittitas County, the provider must not be physically located in the County and/or not distribute any media within the County. 2. Print advertising placed with any media provider which operates inside Kittitas County may be reimbursed as follows: a. For date-specific events, advertising the day ofthe event and up to 10 days prior to the event may be reimbursed atLOO% of the cost, including any production costs. b. For seasonal or year-round events , or for date-specific events outside of the time- frame in Section 2 A, (zl.(al above, advertising reimbursement requests must include a statement from the media provider specifying the percentage distribution to areas outside of Kittitas County. Reimbursements will be allowed for the amount distributed outside of Kittitas County, including any production costs. B. Television Advertising L. Television advertising placed with any media provider outside the Yakima/Kittitas DMA will be reimbursed at 100% of the cost, including any production cost. 2. Television advertising placed with any media provider inside the Yakima /Kittitas DMA will be reimbursed as follows: a. For date-specific events, advertising the day of the event and up to 7 days prior to the event may be reimbursed atLOO% of the cost, including any production costs. b. For seasonal or year-round events , or for date-specific events outside of the time- frame in Section 2 8,2(a) above, advertising may be reimbursed at the rate of 70% of the total cost, including any production costs. C. Online Advertising: 1. Online advertising and promotion may be reimbursed at L00% of the cost, including any production cost. 2. Streamed media (radio, television, other) requests for reimbursement must include a statement from the media provider specifying the percentage of recipients which are outside of Kittitas County. Reimbursements will be allowed for the percentage distributed outside of Kittitas County, including any production costs. D. Direct Mail: 1. Direct mail advertising may be reimbursed at 100% of the cost, including any production cost, for each item mailed or shipped to a destination outside of Kittitas County. ln order to receive reimbursement, a list of the addresses and a signed statement from the contractor that the list is accurate, or other proof of delivery, must be provided along with other required documentation. E. Flvers/Posters: 1-. Flyers or posters which are placed outside of Kittitas County may be reimbursed at 100% of the cost, including any production cost. ln order to receive reimbursement, a list of the locations where flyers or posters were posted outside of Kittitas County, a signed statement from the contractor that the list is accurate and a copy of the poster/flyer must be provided along with other required documentation. 2. Banners which are placed inside of Kittitas County may be reimbursed atLOO% of the cost, including any production costs. ln order to receive reimbursement, the banner cannot list a specified date or location. Request can only be made one time. 3. Signage (site layout use only) which are placed inside of the venue/facility of the event may be reimbursed at 100% of the cost, including any production costs. ln order to receive reimbursement, the signage cannot list specified date or location. Request can only be made one time. (i.e. ADA Parking/Parking, Loading Zone, Evacuation Route, Bathrooms, and Stage locations) F. Radio Advertisins: t. Radio advertising placed with any media provider located outside of Kittitas County may be reimbursed at 7OO% of the cost, including any production cost. 2. Radio advertising placed with any media provider located inside of Kittitas County may be reimbursed as follows: a. For date-specific events, advertising the day of the event and up to 7 days prior to the event may be reimbursed at1-0O% of the cost, including any production cost. b. For seasonal or year-round events, or for date-specific events outside of the time- frame in Section 2 F,2(al above, advertising may be reimbursed at the rate of 30% of the total cost, including any production costs. G. Operation Reimbursement: 1'. Operation costs may be reimbursed IOO% of the paid invoice cost. ln order to receive reimbursement operations invoice must an approved cost from the Consolidated Lodging Tax committee members list. lnvoice provided must include notation of payment with proof of payment. 2. Mileage reimbursements that are outside of 50 miles of Kittitas County may be reimbursed at tOO% of cost. ln order to receive reimbursement, a signed statement from the receiver along with other required documentation. Mileage reimbursement subject to IRS mileage reimbursement rates which may change annually. 3. ltems not eligible for reimbursement: a. Salaries of employees b. Capitol purchases- any item with 3+ years life and over 55,000. c. Licenses, permits, insurance, or credit card fees