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Home My WebLink AboutLT-2021-018-KEEN-CiderLT -2O2L-OL8- KE E N -C I D E R 2021 LODGING TAX SERVICES AGREEMENT BETWEEN KITTITAS COUNTY AND THE KIfiITAS ENVIROMENTAL EDUCATION NETWORK This Contract, effective January 7,2021, 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"l,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 ($18,625.00) (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 (S18,625.00) (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 Poge 7 LT -2O2!-OL8- KE E N -CI D E R a uditorsaccounting@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 o Advertising r Talent Fees o printing r Marketing r Facility Rental o 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 lowing 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 Tox Funding Agreement Pdge 2 LT -2021,-0L8. KE 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, marital status, 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- lnd nitv. 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 Tax Funding Agreement Poge 3 LT -2O27.OL8- K E E N -C I D E R any governmental authority; or Any breach of or default under this Agreement by Contractor. Section 5- Comn liance 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. 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 6- lndust rial lnsurance 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 5L of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Contractor's employees and agrees that the obligations to indemnify, 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. Insurance and Endorsements. 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 2027 County Lodging Tox Funding Agreement Page 4 LT -2O2I-OL8- K E E N -C I D E R e 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. 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 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 a 2027 County Lodging Tox Funding Agreement Poge 5 LT -202I-OL8- K E E N - C I 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 10 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 Page 6 LT -2O2L-O18- K E E N -C I D E R KIfiITAS COUNTY BOARD OF COUNTY Vi ner MMISSIONERS CONTRACTOR lAddre lPri 2 /-?.1 t t t'J 4\l\^d5 Nh 181?Q( -/o Clerk of the Board AP AS TO FORM Deputy Prosecuting Attorney ,It.l Y "'\ 2027 County Lodging Tax Funding Agreement Page 7 txhibil (('t\ CLTAC: Application for Lodging Tax Grant Funding Grant Application Workshop - 2020 * Dd you aftend the &ant Aglication l^brkshop - 2020 hosted by the Kittitas County Orarrier of Connerce? f Yes 6No ll Yes, lhave read and undersland S(rbniRal hstrLrctions and Gerreral infornation for the2l2l Lodging Tax Clant Funding Fl"ocess 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, then copy and paste the informalion 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 nrust log back in to conlinue. ln order to save a draft you will need to provide an email address and a passra,ord. Alter completing ihe save draft, you vr,ill be redirected to landing page containing a link to log back into the form. We suggest you save this link as a bookmark. The link will also be sent to you in an email. Organization I nformation A Name of Organization* Kittiias Environmental Education Netuork Organization Address * sreel Address 4 14 S Willow St Addless Line 2 ory Ellensburg tostall Zip &;de 98926 StaleIRovinceiRegion WA Country United States Organization is a: *f Business (; 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 Organization Status* Project Contact I nformation IRS Conf of Exempt Status under 501(c)3.pdf Acceptable f ile {ornnts include; Jffi, S or TIFF. 46.61K8 Firsi Mme* Last Name * Phone Number* _ ..*Emarl Project or Event Jiil Scheffer 509-55'1-8807 kittitasee@gmail.com lnformation Project/Event Mme* WindFall Cider Fest & Roots Music Service Categories O€ck all catego ies that apdy to lhis apdication l- Tourism promotionlmarketing ly' Operation of a special event designed to attract tourisls l- Operation of a tourism related facility J- other Event Dates Please provide any specific dates, or range of dates, on wtrich 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 10121202'l Kittitas Valley Event Cenler - Western Town f Ongoing Project/Event (More than four years in existence) (r NewProjectlEvent (Four or fewer years in existence) $ 44200.00 lf yol sdected "Ongoing FtojmV&ent" above this anount nay not exceed 10% of the total exper-se budget of this poject. Funding Request Max Tourism Seasons*Fromthe list below, what season will your project enhance lourisnf/ Select any which apply l- Year-round (January - December) l- Off Season (November - February) 17 Shoulder Season (October or March - May) l- High Season (June - September) Application Questions: Part 1 Please answer each question completely, in the order listed. Please include any supporting data within the response narrative. 1 | ProjecUEvent Description Please provide a description of your project/event. Response 1: ProjecUEvent Description * WindFall Cider Fest and Roots Music is from 3-9pm at Weslern Torrvn on the grounds of the Kittitas Valley Event Center. Taps will open mid-afternoon, and the concert will siart shortly thereafter. The perfect pairing of Cider & Music meet again to 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 swoon. Four live bands, Bluegrass to Folk to Americana, will own the outdoor stage. WindFall is an event for ages 21 and up. lD will be required WindFall is the grandest gathering of Cider in Central Washington. Twelve or more cider houses will be doing their best to impress. Each cider house r,nill bring tr,ro or three varieties for tasting. From dry to srrreet to hopped to fruited. herbed or flotaiered, there's a cider for everyone. Local restaurants and concessions will offer plentiful handy food for every taste. Beer, wine and soft drinks will also be available. Four live bands, noi entirely traditional, but deeply rooted. "And Roots Music" means Bluegrass-Americana-Folk Wll light up the Western Town courtyard stage and bring an energetic concert to WindFall. Our 2020 event was cancelled due to Covid19. 2500 character iinit List of lntended Use of Funds * Advertising Talent Fees Printing Marketing Facility Rental Volunteer Training Office Supplies Equipment Hire Transport 2l Suppofting Kittitas County as a tourism destination 1. Amy from their place of residence or business and siaying overnight in paid accommodations; 2. To a place flfty miles or more a\ /ay from {heir place of residence or business for the 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 *l4rhy wald tourists travd to lfttitas County to attend youi evenVactivitylfacility? As the largest public event for KEEN, WindFall will continue to showcase central Washington at 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 country. Washington State is a hoihouse of cideries and is globally knoran as the apple capital of the ra,orld. We have done this event iwice now and Ciderhouses are now asking WindFall if they may attend. Musicians are asking WindFall how they can get a chance on the stage. Conrmunity members are asking how they can get involved. We are fortunate to raork with veteran music festival producers, Chinook Entertainment, and add the Chinook "Where Great Music Meets the Great Ouidoors" eperience to the event. ln 2019 u,e rr,elcomed: Head for the Hills from Boulder, Co., Fort Defiance from Nashville, Young Feller from Leavenrrr,orth, and Ellensburg's oiiwr Killdeer String Band. Equal parts craft cider tasting and outdoor conce{, WindFall appeals to a wide, adult audience. Travelers around the stale have identified a newdestination event wfiere they can "meet in the middle" with friends who live on the opposite end of l- 90. ln 2019 ue vr,elcomed event participants from Portland, 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 lin'il Response 2.2* Application Questions: Parl 2 tbscribe the prior success of your evenUactivitylfacility in atlraction tourists. Our 2018 and 2019 events grew e)eonentially and r,re had hoped for a successful 2020 event. Obviously we had to cancel, but rre feel that we can recapture the momentum in 2021. Our first year saw slightly less than 300 aitendees with smaller name bands and 8 cider houses attending. 2019 saw464 attendees, with larger name bands and '12 cider houses. Building on that success, vre anticipate 650 attendees in 202'1 with larger name bands and 15 cider houses. Using Cognito Forms for on-line ticketing, we collect all emails and mailing addresses of all tickets sold on line, and all sales of tickets, gift certificates and promotional give-araays are also added to that daiabase. 2019 attendance data is attached as an upload. ln addiiion, r,rc have day-of iicket sales purchased at the window. That information is also uploaded from 2019. ln 20'19 Cider houses requested hotel information, adding at least ten rooms for the weekend that ue are avrere of. We also reserve four rooms for ihe bands for one night each. Camping on site at the KVEC has been purchased by festival aitendees in both 2O18 and 2A19. With successful 2018 and 2019 evenls, we 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 ol total ticket sales based on previous years. ln 2021 tr're. anticipate 650 guests so 429 of them will be tourists. 2500 character linit 3llmpact Response 3: Measuring Results* Application Questions: Part 3 kscribe how yrlu w'll prorote your evenVaclivitylfacilily to attract lourists. We will again use diverse marketing methods to achieve widespread print, digital. radio adveriising targeted to our audience. We will wrrk closely again with Chinook Enteriainmeni to schedule big name bands conring from outside the immediate region AND r,tfro have a following that will travel. Bands with good marketing and loyal audience will be given preference over others. We have tra'o local Kittitas County cider houses. Cideries with established clientele and follouers will have a higher priority than those with little or no marketing ability or fan base. Having cideries from oui 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 magalnes targets a very wide area (entire rarest 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 to Bellingham, in high end hotels, restaurants, winerys, breuaeries, etc. and their digital presence is far wider. Their goal is to sell the whole northra,est as a craft beverage vacation destination. They will provide data to us regarding location of interested people (that click through to our vrcbsite) at the conclusion of this year's advertising plan. Our radio buy with Northrirest Public Broadcasting has been successful. That is the source of information which has led to several inquiries that turned to sales through our rrebsite email. Facebook and lnstagram advertising on our WindFall sites will again be utilized. We have excellent response rates to those ads (though vrire have no data from 2020). For 2021 ire anticipate lurrking wiih the Chamber of Commerce to conduct and focus our efforts, they may recommend other avenues of outreach for our marketing. 2500 character linit i.1J 4lCollaboration lf your organization collaborates or has created partnerships with other organizations, groups, or other events, how is this accomplished? 4.1 Collaboration * 4.2 Promoting Local*BUSIneSS Our collaborations include ranrking with Chinook Entedainment and Chinook Fest, and mutually beneficial relationships with regional cider houses, local winery and a local craft brernery. WSU's Master Cidernraker progranr has proven to be a great partner, and will increase their involvement for 2A21 . KEEN is a member of the Kittitas County Chamber of Commerce and our all volunteer board brings connections with CWU, conservation groups, and dor,r,ntovrn business owners. 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 u,ere building a partnership wiih the NorthWest Cider Association, the US regional organization promoting apples, grou,ers. cidermakers and distributors from the Northtrest throughout the nation. We will continue to cultivate that relationship for 2021. With them, Cidercrafi, and WSU, we wll be solidly set as a leader of cider events. 2500 character linit Describe hcr',v you will 1ionrte lodging astablishnents, restarn'ants, and business located in ldttitas County On our websile, 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 links are all framed with a "you shoLrld take extra time and take a look around Kittitas County" message. That message has been reiterated through facebook posts which lead to the \,\,ebsite lodging page and thus bookings. We seek community sponsors {or this event. Attached is our 2020 sponsorship campaign which was never sent out. tf we garner local sponsors, their namesllogos and so on are listed on banners, tickets, programs, and social nredia. We also hand out Chamber materials to all attendees The ultimaie purpose of this event is to gain attention for the Yakima Canyon lnterpretive Center project. That in itself is a big-picture, long-ternr tourist benefit. We \rant people to take to heart the Kittitas Environmental Education Netu,ork message, and become eplorers of the Yakinra Canyon, the Teanaway Community Forest, the WindFarm, Ginkgo stale park, and all the rest. Our n-ission is to "Connect Community to Nature". and create life-long learners. We support outdoor recreation and educatiorr as a rarorlhwhile experience in Kittitas County. 2500 character lirit 4.3 Flost Hotel*ls there a llost hotel for your event or grant project'? lf yes, list ihe hotel. fNo t? Yes. Fbiirl:ry lnr i:x1.rie:;s 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. ln fact, lrae have started already, Ticket prices will increase incremenially, and \ e will offer more side events - like paid cider-making ta,orkshops - that will attract more attendees and increase revenue. Keeping great musicians is critical, and balancing rdrat's affordable with wtrat's exciting and attractive to ticket buyers, will continue to be something that \r€ monitor closely. We also plan lo build the partnership with Chinook Entertainment so that one day the partnership has them paying for the talent and KEEN can focus on other elements ofthe event. CiderCrafVSip and NW Cider Association have both indicated thai they raould support (sponsor) a juried/competitive program, which uould attract the very highest quality products from around the State. NW Cider Assn may help us negotiate the pathvwys to being able to offer out of state products. Beverage competitions charge entry fees, and that wor-rld increase our income and boost our cachet. Which in turn rrould make us more attraclive to sponsors. 2500 character lrnit Application Questions: Part 4 6l Additional lnformation Provide any additional information which will assist the Lodging Tax Advisory Committee in evaluating your project and its benefit to tourism. 2020 lnformation lf you had a planned ever{ in 2020, whet}rer it was able to lake dace o{ not, dease describe any successes and challenges you experienced. We cancelled cider fesl early in the planning process. Hou,ever, r,rc had made agreements with Chinook Entertainment, reached out to cider houses, and started our volunteer planning comnrittee. lt was a hard decision to make early, but ue decided to so that our focus could be on our educational programming instead. 2500 character linit Additional lnformation 20'1 9 vws only our second Ciderfest, and the feedback we heard was that it \Mas eXremely well planned and the feedback from ciderhouses, publications and others in the industry has been entirely positive. Many of them now have WindFall on therr radar as having a capable team with good support from the Ellensburg/Kittitas County community. There are several connections which have been identified that we will strengthen in the nexi planning process, and be able io take advantage of with more time and organization. But interest has been documented and the willingness of people to step out for such a memory'making getaway event is proven. Attached is Chinook Entertainment's proposal for 2021 This event is designed to highlight lhe agricultural environment that is not only Kittitas County but all of Central Washington. lt draws attention to smaller family farms, and the increasingly diverse vr,ays ihat our rural nature is sustained by producing orchard commodities in a nerarer uays (that are actually really old). Cider is indeed trending, with a growing audience who support the market because they like the flavor; they like the variety of flavors; they like that it's locally made; they like that small orchards are getting a new lease on life; they like a frosty adult beverage on a hot day (and they're nraybe a little tired of beer); they are avoiding gluten; they are focused on buying organic/local; they rrrant to try making it themselves; they want to share it with others. The music has also proven to 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 linil Supporting Documents You nny uplcnd any supFlo{llrg {lmrr}ents sucl.l as graphs, ;mges, diagrans. n'nlketirrg neterials, etc. WindFall Cider Fest Registration 2019.pdf 110.15K8 2019 Cider Fest Tickets and Survey Responses.pdf 1 19.5K8 2O21 Windlall Proposal_Oplion B corrected.pdf 159.62K8 You are allowed to subnit up to 3 single page (LS Letler) docurents in JFG, FtF or llFF lornut 7]Previous Lodging Tax Grant lnformation Previous Years Auarded Lodging Tax Grants * lAs your evert recei'red Lodging Tax funds in previcus years'/ (. No. this event/project has not previously received Lodging Tax Funding (- Yes, 1 year previous 6 Yes, 2years previous (. Yes, 3 or more years previous Overall Attendnace 201 9 Actual * 446 2021 Projected * Number of people travelling more than 50 miles for your event? 2019 Actual* 2021 Projected* 294 429 650 Number of people traveling from outside WA State for your event? 2019 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? 2019 Actual* 2021 Projected* 132 325 201 9 Actual * 126 Prior Year Paid Overnight Stay Data 2019 Methodology* 2021 Methodology* 2021 Projected * 300 h additicu.l to field above. ycxi nny u$oad the evidence to slrpport the 1rrio( years' roordnight informtion. WindFall Cider Fest Registration 2019.pdf 110.15K8 You nay upload up to three single pages (LS Letter), of jnforrrutjon. lf you a sirlgle mrlli-page docLrnent, rrrly the iirst three pages w ill be considered. The fdlow ing fonrnts, w ill be accepted: JFG, FS or llFF Wmt rrethodrJogy did you use lo calculale the 2019 actual rrr,rnJ:ers? ll Direct Count (preferred) J- lndirect Couni l- Representative Survey V lnformal Survey (preferred) l- Structured Estimate f Other !\fiat nethodology will you Lse to calculate the upcrring nunbers? ll Direci Count (preferred) l- lndirect Count l- Representative Survey V lnformal Survey (preferred) f Structured Estimaie l- Other Methodology Narrative *ffease explain. WindFall is date specific, and we will be promoting further in advance and further a\ray fronr Ellensburg, wiih more intensity, than in 2019. Publication advertising will be refined. Our partnership with Sip NorthWest and CiderCraft Maga2nes will begin earlier, ahd add print to their digital presence. They will, at the conclusion of the publishing/financial cycle, provide the data u,hich will demonstrate their effectiveness (not available at time of grant application). We will compile data from Cognito Forms and Square. We'll have that available during presentations to CLTAC in November. At the event in 2019 u,e surveyed attendees but found that doing the survey at an event where alcohol is imbibed...might not be the best nrethod. We arararded benefits for returned surveys, but they rir,ere still not ra,ell filled out. ln 2021 we will strive to gel betler responses. We have talked about using tablets with roving survey volunteers going through the event...everyone to ansrruers gets a free drink ticket or something. We are still thinking it through, but our goal is to get a response from everyone wtro attends. ln addition, our Cognito forms ticket sale/registration will have a survey included with required ans\ /ers: -Zip code of residence? -Staying the night? -Howmany nights? -How many people in your party? -With a friend or in paid accommodations? -Will you attend nexl 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 aboul this event? -What is the best r.my for you to hear about events like this? -Will you spend any extra leisure time exploring Ellensburg and Kittitas Couniy? 2500 character limt Application Questions: Part 5 SlFunding Does your organization have, or have you applied for, grant firnding from other sources? lf not, why not? lf yes. please list the futrding you have for the project, including any volunteer and in-kind sources in Question 9l Project Budget Overview. Funding sources and amounts which have noi yet been secured will be listed separately, ih tfre tetOls; directly below. Finally, what chanqes would occur if the project couldn't be funded? Other Funding * Dl". your organization have. or have you aglied for iunding lrorrother sturces? t? Yes f No Funding for which you have applied but not yet secured Funding Source Sponsorships Private Foundations Amount $ 10,000.00 $ 5,000.00 Funding Shortfalls* Matching Funds Percentage Verification of ln-kind Contributions 9l Project Budget Overview Please conrplete budget fot this project/proposal. lf your agency operates independently of this project application it may not 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, expenditures, and any potential profit or loss. For projects/events which are ongoing for ntore than one (1) year, please also subnrit acluals from the previous three (3) years of operations (need not be consecutive) for the project/proposal if applicable. For anyclaimed in-kind contributions valued at $500 or more and related to marketingladvertising, you must submit verifying documentation whieh assures the contribution will be provided. For instance, if you are claiming in-kind contributions in the form of advertising match, a binding contract itemizing the matching value and obligating each party must be provided. ATTENTION: ln an effort to allowan adequate level of flexibilityfor all applicants, not all fields in the budget portion are required to be filled before this fornr is submitted. Providing all applicable data is your responsibility, failure to do so will potentially jeopardize your application's chance for review. "Ahat changes will be nade if lundin.q for your request is nol av;:ilable or reconnended? Since many of our costs are fixed (talent fees, facility rental, equipment hire), we wll modify advertising, printing and nrarketing supplies if needed to reduce the overall cost of the event. 2500 charact--r iilrit. 122.17 Yo lhis field will auto irll vvith lhe correcl percenlage based on your input lo br"rdget section below For alry clairrcd in-kjnd toniribulions v:rlued ai 35C0 or rrcre:1nd related to lltlrketirrg/aciverlisilrg, yoLlnisl subrrit verif ying dmunentaiion whiclr assirres the corrlribr;tion will i:e providexj. Budget Year Edit if necessary 2017 2018 2019 Revenues From Consolidated Lodging Tax Grant Account Name Ticket Sales Merch Sponsorships Donations w/ticket sales Bottle Shop Sales Scrip Private Foundations Past Actual 3 $ 0.00 Past Actual 3 $ 0.00 $ 0.00 $ o.oo $ 0.00 Past Actual 2 $ 9,000.00 Past Actual 2 $ 13071 .00 $ 0.00 $ 1000.00 $ o.oo $ 450.00 $ 0.00 $ o.oo Past Actual 1 $ 9,107.00 Past Actual 1 $ 17188.00 $ 355.00 $ 1300.00 $ 250.00 $ 2039.00 $ 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 All Other Revenues $ o.oo $ 0.00 $ o.oo Account Name Past Actual 3 Past Actual 2 Service Fees $ 0.00 $ 200.00 I n-Kind Contributions (except volunteerism) Account Name Past Actual 3 Past Actual 2 $ o.oo $ o.oo Past Actual 1 $ 325.00 Past Actual '1 $ 0.00 Projected $ 500.00 Projected $ 0.00 Projected 1,276 Contributions of Volunteer Time Past Actual 3 Past Actual 2 Number of Hours 1,000 Past Actual '1 1,276 Evidence of Volunteer Flease uploaci a single file which offers evidence in suppod of the projected vdunteer hwrs. Contributions* WindfallCiderFestVolunteerJustification.pdf Calculated Value of Projected Volunteer Time $ 30,062.56 118.27K8 Past Actual 3 $ o.oo Past Actual 3 $ o.oo $ o.oo $ $ 0.00 $ o.oo $ o.oo $ 0.00 $ 0.00 $ 0.00 $ o.oo $ o.oo $ o.oo $ o.oo $ 0.00 $ o.oo Past Actual 3 $ o.oo Past Actual 2 $ 23721.00 Past Actual 1 $ 31774.00 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 2 $ 3218.00 $ 1314.00 $ 266.00 $ 1328.00 $ 190.00 $ 122.00 $ 200.00 $ 5375.00 $ 70.00 $ 4000.00 $ 9000.00 $ o.oo $ 0.00 $ o.oo $ 0.00 Past Actual 1 $ 3328.00 $ 567.00 $ 47o.oo $ 1581.00 $ o.oo $ 263.00 $ 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 $ 1s00.00 Past Actual 2 $ 25083.00 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 Projected $ 75287.56 Application Certification The applicant here certifies and affirms: 1. That it does not now, nor will it dirring the performance of any contract arising from this application, unlawfully discriminaie against any employee, applicant for employment, client, customer, or other person who might benefit from said contract, by reason of age, race, color, ethnicity, sex, religion, military status, senal orientation, creed, place of birth, or disability; 2. That it will abide by all relevant local, state and federal laws and regulaiions and; 3. That it has read the informaiion contained in the lnstrr:ctions on pages 1 and 2 and understands and will comply with all provisions thereof. Certified by: Name*Jill Scheffer Sign Applicani's Title*President IN'Illll.lrAIr REVIf{UE SERVICBP. O. Eo:( 2508crNcl:lllnTl OE {5201 DaEe:llls0tna KXTMA,AS EX\/TNON}GNT}L EDI'CAfiOAI IIfiflORK PO BOX 58? Er'r.mtgB[IRe, lrA 99926 DBPANI|€$T OP TEE TREAST'RY Fqflqyer ldemtif lcatiqo t{unber: 22-3A4902L DIN: 17053067801013 Contact PersQD: IJ. HAY}IB BCTIEB ID* 31462 Contact felephone Msober:(877t sae-s500 Ptrblib dlrarity SEabr:g ; 17o(b) (rl (Al (wl) a G. trelsrr.sr Hcerpt Etrgrtli.zatisns Ruli.D,gE aECt AErreeEqnts letEer 1o5o (DQlCr3) bear Appliea.nE: Our letber dated dfitr,Y 2002, stsated la u rgufd be exeqlE fnorn Federal {-come tax ulder secttqn 501.(cl(3} of the tuEenal Reveuue Cods, ard you woulal be treated as a pubtlc abarl.ty tilurbgr ao advaDce nrlfug perlod. Based ou our reeordg and on tJre ii.sf,ornacl,on 1lgu subudtt€d, rte are pleaEed eo co[(iru t,ha.t you ar€ exeryrt under €eetrion 501 (cl (31 of tbe Code, and ]tou are elaasif{ed ae a pirblic charlty under Eh€ cod. cecciotl llatsed ts thc beading of Ehis leEter. PublicaElon 55?, Tarc*Breryrt SteLua for Your Orgraoiaaclon. provideg detalLed laforrnaclon a-bout your rithte ald reqx]nti."bl]tties as .ur exery9 orrgslriaaEiq. You may request a oopy't4f csU,tng tJre Colt-f,rce numb€r for foans, (€OOl 829-36?5. :nf6rrnaltou Le a]'eo av-atletite or crur rate:rEet $eb Slte at nww,ire.gov. If you have gegeral quc6tloue about ereqtt, olganlzaelonc, pleaae eall gur loli-fsee number plrona iu tbe headlng beEween 8:oo a-m- - 6:30 p'm' EasEorn ti.me. Pleage keep tLia lebter in your pemanriot resord's. S{-ocerelY Ysrxra, #b a 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 5 2s.43 S 2s.43 $ zs.qt S 2s.43 s 2s.43 s 2s.43 220 L32 64 400 220 120 I20set up, tear down, pouring, scrip taking and more 5 2s.43 Total t276 * lndependent Sector Non- profit Volunteer Rate s Total 5,594.50 3,356.76 1,,627.52 s s s r0,r72.00 5,594.60 3,051.60 3,051.60 S 32,449.68 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 Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington Washington BillingAddress_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 Word of mouth At another event From E3 Conference Organizers Poster Word of mouth Facebook, Word of mouth Other online ad Web search Poster Went previously Other print ad Facebook Word of mouth Word of mouth Poster Word of mouth Word of mouth 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 Vancou'irer 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 yearl 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 E3 Yes Word of mouth, At another event No Word of mouth No Facebook No Facebook No Facebook No Poster No Word of mouth No farmer's market booth No KEEN email/newsletter No Poster No Word of mouth No Facebook No KEEN email/newsletter No 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 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 El Iensburg Winchester Ellensburg Ellensburg Wenatchee Ellensburg Ellensburg Oak Harbor Washington Washington Washington Washington Washington Washington Washington Washington Washington 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 Faceboolg 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 y' 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 Crulloor Service Agreement made as of 09 / 23 / 20 between KEEN ("Purchaser") and Chinook Entertainment, LLC ("Producer") for the terms and conditions herein set forth. t. Event/Venue: Windfall Cider Fest 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 2nd,2O2L. Music runtime 4:00pm - 10:30pm 4. Compensation: Purchaser shall pay Producer 522,2OO.00 Stage/Sound/t-ichts Rental S4,4oo.oo Production Delivery Fee s3oo.oo Talent Fees + Booking S17,5oo.oo 5. Payment Terms: 50% deposit (S11,100.00) due July Lst,202L. Balance (S11,100.00) 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. Y osl23/2020 Authorized Representative Fresh Hop Committee Date Cody Beebe Chinook Entertainment LLC PO Box 309, Naches, WA 98937 s09.969.5930 TIN:46-2918278 Additional Terms and Conditions Chinook Entertainment I PO Box 309, Naches, WA 98937 Date Cttlt'loor 1. 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, lnclement 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 or neglects to provide any of the items or to perform a ny of the items or a ny of its obligations herein stated, and/or fails to make any 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 permission f rom the Artist's representatives. 7. Artist shall have the exclusive right to sell souvenir 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 Purchaser shall 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 Cnlt'loor 1L. 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 Stw 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 othenrrise 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, 14. 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 WindFall Ciderfest 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 296 16 24 110 446 2 3 7 27 4L Total Sales - 446 I Online Pre-sale gl Farmers Market ! Give aways r At Gate How Did You Hear About Ciderfest? 8 1 2 9 ' E3 Conference ] N"*rp"p", Flyer - 'rI I I Poster chinook Fest Friend Facebook Print Publication Other Radio NPR 15L0 I I i 30 40 j I I 45020 25 35 Exhibit "B" 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 Advertisins and nline 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% 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 Advertisins: 7. Print advertising placed with any media provider which operates exclusively outside of Kittitas County may be reimbursed al lO0% 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 of the event and up to L0 days prior to the event may be reimbursed attO}% 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, (z)(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 Advertisins 1. 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(al above, advertising may be reimbursed at the rate of 70% of the total cost, including any production costs. C. Online Advertisins: 1. Online advertising and promotion may be reimbursed at 100% 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: L. Flyers or posters which are placed outside of Kittitas County may be reimbursed atLOO%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 a re placed inside of Kittitas County may be reim bursed at IOO% 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 Advertisine: 1. 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 atTOO% 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 3Q% of the total cost, including any production costs. G- 0peration Reim bursement L. Operation costs may be reimbursed tOO% 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