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HomeMy WebLinkAboutRes-2021-201BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2021-API' A RESOLUTION AUTHORIZING EXECUTION OF INTERNAL CONTRACTS F'OR AWARD OF LTAC FUNDING WHEREAS: The county may use funds from the lodging tax for tourism to support internal projects; and WHEREAS: the Kittitas County Auditor's Office, and the Kittitas County Event Center have made application for such funds; and WHEREAS: the Board of County Commissioner finds the award of such funds to both be allowed by law in in the public's best interest. NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners is authorized to execute internal contracts with the Kittitas County Auditor's Office, and Kittitas County Event Center for projects in 2022. DATED this Llsr auv " r Dl,t,cffil>|f 202 7, atE I I e n s b urg, wash i n gton BOARD OF COLINTY ISSIONERS KITTITAS TY,IN a ssloner erk of the LT -2OZL-O25 -A u d i t o r- | n t e r n a I O p e rat i o n s -2022 2022 OPERATI O NAL AG R E E M E NT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY AUDITOR This Contract, effective January 'J,,2022 is made and entered into by and between KITTITAS COUNW ("County"), a subdivision of the State of Washington, and KITTITAS COUNTY AUDITOR ("Contracto r"l, fot the 2022 Operational Year (Event). WHEREAS, the purpose of this Agreement is to provide for activities and expenditures designed to increase tourism, NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Contractor mutually agree as follows: Section 1. Scope of Work. a. Contractor shall provide the services and staff described in its Application for Lodging Tax Funds submitted to the Lodging Tax Advisory Committee, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Contractor shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Contractor under this Agreement are collectively referred to herein as "Services." Section 2. Pavment. a. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of 572L,44O.00 (Kittitas Co. lodging tax funding). b. Additional payment terms: The County will make payment to the Contractor in a lump sum manor such that Contractor can purchase the items and services described in Exhibit "A." Section 3. Performance bv Contractor. a Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Contractor shall furnish such documents as may be 7 County Lodging Tax Agreement-lnternal Poge 7 LT -202t-O25 -A u d it o r- | n te r n a I O p e r at i o n s -2022 required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Contractor agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. The County and the Contractor agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, maritalstatus, or the presence of a physical, sensory, or mental handicap. d. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Contractor of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Contractor shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. e. This contract is subject to review by any Federal or State auditor. Contractor shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Contractor shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Contractor shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Contractor's books, documents, papers and records related to the Services or this Agreement. Section 4. 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. c. The County specifically shall not be liable to Contractor for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 5. Termination. The County may, by written notice thereof to Contractor, terminate this Agreement as to allor any portion of the Services not yet performed, whether or not Contractor is in breach or default. Upon receiving such notice of termination, Contractor shall, except as otherwise directed by the County, a ,7 County Lodging Tax Agreement-lnternal Page 2 LT -202L-025 -A u d i to r- | n t e r n a I O p e r at i o n s - 2022 immediately stop performing the Services to the extent specified in the notice. ln the event the County terminates the Contractor's Services, the Contractor is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Contractor, if any, as of the date of the notice of termination. Section 5. Miscellaneous. Contractor shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. 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 together will constitute one and the same instrument. f. Contractor warrants to the County that the individual signing on Contractor's behalf has the requisite power and authority to enter into and to perform Contractor's obligations under this Agreement. Contractor further warrants to the County that Contractor has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. g. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. _2027 County Lodging Tax Agreement-lnternol Page 3 LT -2027-025 -A u d it o r- | nt e r n a I O p e ra t i o n s -2022 KITTITAS COUNTY BOARD OF COUNTY rssroner TO FORM rssroNERs tz 2I rk ofthe Board CONTRACTOR rint Namel ( lzt [Address] [Telephone] Deputy Prosecuting Attorney _2027 County Lodging Tax Agreement-lnternol Page 4 UNTY EA KITT fYh rbi I nhu Lodging Tax for Tourism-Related Operations "lnternaI Application Only" Submission Deadline: September 10th, 2O21, @4:00pm Kittitas County Commissioners 205 W 5th Avenue, Suite 108, Ellensburg, WA 9892G 509-962-7508 Lodging Tax for Tourism-Related lnternal Operations General lnformation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RcW 67.28.780 and RCW 67.28.L8L. tn accordance with the tax and Washington State law, a Lodging Tax Advisory Committee has also been established. The committee's purpose is to advise and recommend to the Board of County Commissioners how excise taxes on lodging should be allocated to support tourism which in turn generates revenue. Uses Accordins to Law: RCW 67.28.1816 states the following: Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitor bureau or destination marketing organization for supporting the operations of tourism-related facilities owned or operated by a municipality. Definitions included in state law which should be considered in anv aoplication requestins fundins include: L. Tourism means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. 2' Tourism promotion means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing or the operation of special events and festivals d to attract tourists. Review Process: Kittitas County's Lodging Tax Advisory Committee (LTAC) will review all Kittitas County completed applications. Qualifying applicants will be provided the opportunity to present their projects to the LTAC and answer questions. The LTAC will submit their recommendationsto the Board of County Commissioners (BOCC) who have final approval authority for the list of recommendations. Prior to making a final decision, the BOCC will publicly deliberate on the recommendations received from the LTAC. Applicants may also be requested to present their projects to the BOCC and answer questions. 3. Tourism-related facility means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a) (i) owned by a public entity; (ii) owned by a nonprofit organization described under section 501 (c) (3) ofthe federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501 (c) (6) of the federal internal revenue code of 1986, as amended; a business organization, destination marketing organizations, main street organization, lodging association, or chamber of commerce; and (b) used to tourism, performing arts, or to accommodate tourist activities SUBMITTAL INSTRUCilONS FOR INTERNAT APPTICATION Please return ONE COPY of the entire original application and answers to narrative questions to Kittitas Cou nty Com missioriers Attn: lnternal Lodging Tax Grant Application 205 West 5th, Suite 108, Ellensburg, WA 9g926 Applications must be received no later than postmarked accordin8lv. lncomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission Schedule: . Application deadline r Oral presentations of proposals to LTAC. ITAC submits to BOCC r BOCC Deliberation and Decision I Applicant Award Notification September 10 no later than September 15 no later than October 31 no later than November 17 November 17 Proiect Manatement: The Board of County Commissioners will approve the application based upon the recommendation of the LTAC. The Board will approve by Resolution the amount authorized. All funds awarded under this program will be available in the form of a direct charge to the Lodging tax budget for the Fiscal year, January through December. All funds awarded for supporting the operations of county-owned tourism-related facilities will be available for reimbursement untilJanuary 15 of the next year. lf January 15, falls on a weekend the requests must be submitted on the Monday immediately following. Any unexpended funds will be returned to the Lodging Tax account and made available for re-appropriation. All requests for reimbursement shall be made to the Kittitas County Auditor's office at the following address: Kittitas County Auditor Attn: LodgingTax Grant Funds Reimbursement 205 W 5th, Suite 105 Ellensburg, WA 98925 For specific information and requirements regarding the reimbursement process, please contact the Auditor's office at 509-962-7502. Apnlicant Cateqories and Eliqibiliw: APPLICATION FOR LODGING TAX FOR INTERNAL TOURISM- RETATED OPERATIONS Applicant lnformation - operations Application for Fiscal Year 'rn'r1 Enter date: i.e. lan 1 Name of Department: _County Auditor Mailing Address;_205 W sth Ave Suite 105_ _Ellensburg WA 9892 A Contact Person and Title: _Judy Pless, Budget & Finance Manager Phone:_so9-962-7502 Email:iudy. pless@co.kittitas.wa.us_ _Co u nty_Ad min istration_ Courthouse Project Title: Project Location: Funding Request:_s Application Requirements -X- 1. The project qualifies for lodging tax funds is supporting the operations of tourism-related facilities owned or operated by Kittitas County. 2. A completed project budget is included in the application (if applicable). Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. certify the a ication thresholds are met at the time of application.t s _Budget Finance Manager Title _08-31-21_ DateI Representative Tourism-Related Facility Operational Funding Narrative (Municipality Applications Only) For the Year_2022-- L. Operational Spending: Please explain your request for operational funding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district. The operotional spending for the Boord of County Commissioners office staff and Auditor's office staff, is to support the Lodging Tox Committee and work with the Consolidoted Lodging Tox Committee, the preparation ond occounting of the contracts opproved by the Committee's ond the preparation of the yeorly Lodging Reporting for JLARC ond financial reporting of the Lodging Tax funds. 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal. There is no strotegy, ds this is support for the Committee(s). 3. Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of application. ,{ of I Representative Title 7ft^^f^t Date The 2021 operations Budget for Lodging Tax funding includes the following Description Budget Salary, Benefits and Cost Allocation S 22,ooo Operationa I Costs (copies, postage)500 Google Drive subscription lts 56/ month per account. For 20 accoun ts, its $120/ month. 1,440 tomputer Rental and software 3,000 Bond Pa ent (Principle and lnterest)94,500 SLzr,44o Salary, Benefits and Cost Allocation are for the internal Staff of the Commissioner and Auditor offices, as well as lT costs for the online application process. Operational Costs are for copies, postage Google Drive subscription is for the consolidated Lodging Tax committee computer Rental and software is for the laptops and Laserfiche licenses The Bond payment went down a few dollars as the County Treasurer refinanced the Bond Kittitas County LTGO Refunding Bonds, 2020 lnterest 14 Fund 203-109 121112020 61112021 121112021 W1"i26n""- Date 1211t2030 86,000.00 81,000.00 9,168.00 8,346.70 8,346.70 4,482.14 95,'t68.00 8,346.70 89,346.70 '/, uo7,573.15 go7.25 7.573.15 907.25 ,068,195.14 q'l I13!1!?09 _-__*Jg!gg:0_0_*---* 1,573.1q. . __8i52315*6nl2a23 - 6,818^70 6,818.70121112023 84,000.00 6,818.70 90,818.70611t2024 - 6,016.50 6,016.50121112024 83,000.00 6,016.50 89,016.5061112025 - 5,223.85 5,223.85121',112025 87,000.00 5,223.85 92,223.8561112026 - 4,393.00 4,393,00121112026 90,000.00 4,393.00 94,393.0061112027 - 3,533.50 3,533.s0121112027 90,000.00 3,533.50 93,533.5061112028 - 2,674.00 2,674.0A121112028 93,000.00 2,674.00 95,674.0061112029 - 1,785.85 '1,785.85 121112029 92,000.00 1,785.35 93,785.8s61112030 - 9A7.25 907 .25 95 00 960,000.00 fgl,",.nkiL, b*"o."' ful*Y' f{. t/o I t 35"3 to o9> 'l 4,;'" 2L/Oa/3!-o4:57cr.787Fnd 140Dpt 0141Dpt 0142Obl 541Dpt 0143obj s41Dpt 0144obj 541Dpt 0161obj 541Dpt 0152obj 541Dpt 0164obj s41KITTITAS COUN:TY "Y 202]-iIMP - EXPENDITORES MGRGL Period I ending August 3L, 2O2L10, 069. 34L8,2',t3.06Lr4,67? .8843,690. 6597, 693.40284,4O4.34284,404.34Augtrst 31 2O2L page: 1Report Fornat SL2Transaction status 2A}INUAI\ARINiICEREI'AININGL4,L23.66 58.4tB]-,726.94 90. 9L4,677 .AA- 14 .7-1,531 ,309.34 97.210, 000.00 100.040,000.00 100. o10,000.00 100.0ADOPTEDBI]DGETCT'RRE}il:TACTUALYTDACTUAI,tobjobjobjobjobjobjoblobj500510520531541542548549989. 00300.00504.00400.00100.00100 - 00800.00L,436.249,534.573,345.24292.75100. 0080.403t -14-533.80-STADIUMLODGING TAI( OPERATIONSEXPE}TDITT'RESSA.I,ARIES AIiID IiAGESPERSONNET BENEFITSOFFICE A}iID OPERATING SUPPLIESPROE'ESSIOIiIAI SERVICESCOMMT'NICATIONSREPATRS & MATMTENATiICEMTSCELI.ANEOUSLODGING TA)< TOT'RISMPROFESSIONAI SERVICESTODGING TA)< MARKETINGPROFESSTONAL SER\|ICESLODGINC TA'( CAPITAI.PROEESSIONAI, SERVICESCITY OF CLE ELUMPROFESSIONAI, SERVICESCITY OF EILENSBI'RGPROFESSIONAT SERVICESCITY OF ROSLT-!{PROFESSIOI{AL SERVICE SEXPEI{DIllURESENDING I'T'ND BAIANCEPROFtsSSIONAI SERVICES1155552.765 ,765.432,]-58.76]-o't.2s5s2.765,165.432,158 -76LO7 _2572 -262.350. I73.2100.080. 44.0-24,193. 00200, 000 . 00100,000. o01-,575,000 .0010,000.0040, 000 .0010,000 . 00105, 007 . 00L,!47 ,900.0052,000.003 ,265 ,000. 003,26s,000.0019. 60831 . ?4633. g010,069. 3418,273,O5]-1,4 ,6'77 .8843, 590. 6597, 593.110284,404.34284,4O4.3419.50831.74533.80Dpt 0141 LODCING :!ilK OpERAtrOltsobjobjobjs005085418,313.60L,L47 ,800.0052,000.007.8100.0100. 0Fhd 140srAfrruMReport Fina]- Tota].s2,980 ,595.66 91.32,9AO,595. 65 91.3 2a/08/3L-o5:00GL?87Ehd 140Dpt 0141obj 500objobjobjobjobjobjobjDpt OI42obj 541Dpt 0143obj 541Dpt 0144obj s41Dpt 0151obj s41Dpt 0162obj 541Dpt 0164obj s41obj 5o0obj s08obj s41Fnd 140KITTIIAS COI'NTY f,T 2O2OiIMP - EXPEI{DITURES MGRGL Perj.od 12 endingADOPTEDBT'DGEIr 31, 2020*-.#-CI'RRENTACTUAI.YTDACTUAI.L1,9,793.7353 ,3r3 .42194,39? . 8510,382.39300 _ 0927,L52.4999, 650.14504, 990.11504, 990. 11August 31 2O2t page: 1Report Fomat 51-2Transaction status 2ANriI('AI,VARIAIICEREMAINING95, 600 . 73- 395.2-146, 686. 58 73 . 394,397 .85- 94.4-L,564,617 . 61 99.39, 599. 91 97.012,aA7.5L 32.710,000.00 100. 05105205315415425485491,516.1511.891 _ 304 ,441 .27218.55100,000.0050.0583L -7 4444 .57472 -85 23.83,408.70 22.3662 -73 A2.O181.45 45.499, 9O0. 00-99, 900. 0-49.95 s0.03L.74- 4 .O-444.6't-STADTUMLODGING TA>( OPERAUONSEXPEI{DITI'RESSAIARIES AIID !{AGESPERSONNEL BENEFTTSOFFICE AIID OPERATTNG SUPPLIESPROI'ESSIOIiIAL SERVICESCOMMUNICATIONSREPAIRS & !{AIIITENANCEUISCELI,AIIEOUSIODGIIiIG TAX TOI'RISMPROFESSIONAI SERVTCESLODGING TAX MARKETINGPROFESSTO}IAI SERVICESI,ODGTNG TAX CAPITALPROEESSIONAL SERVICESCITY OF CLE ELT'MPROEE SS IO}dAIJ SERVICESCITY OE ELLENSBURGPROFESSIOITAI SERVICESCITY OF ROSLYNFROFESSIOIIAT SERVICESEXPEIIDITURESEI{DING E t'I{D BAI.AIICEPROEESSIOI{IAT SERVICESSTADIUMReport Final TotaJ-s1, 999.0015,3O0.00s,504.00400.00100.00100.00800.0024,193.002O0, OOO .00100, 000 . 00t,575,000.0010,000. 0040, ooo. o010,000.00105, 0o7 .001,147,900. 0052,000.003,265,000.003 t265,000.001,515.1511, 891. 304,84L.2'l218.5s100,000 - 00 K\IEC50.0s83a -7 4444 - 67Dpt 0141 I.oDGING Iel< OPERASTONS119,793,7353, 313. 42]-94,397 .8510,382.39300 - 0927 ,t52.4999,550.14504, 990. 11504, 990 , 116,356.86L,L47 ,800.0052,000 .006.0100. 0100.02,760,009. g9 g4 .52 ,7 60 ,009. 89 84 . 5 Lf -2O2L-026- KVEC- I nte rn a I Operatio n s-202 2 2022 OPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY EVENT CENTER This Contract, effective January 1-,2022 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNTy EVENT CE NTE R ("Contracto r" ), for the 2O22 O pe rationa I yea r ( Eve nt). 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-of Work. a. Contractor shall provide the services and staff described in its Application for Lodging Tax Funds submitted to the Lodging Tax Advisory Committee, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Contractor shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Contractor under this Agreement are collectively referred to herein as "Services." Section 2. Pavment. a. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of 5200,000.00 (two hundred thousand dollars) (Kittitas Co. lodging tax funding). b. Additional payment terms: The County will make payment to the Contractor in a lump sum manor such that Contractor can purchase the items and services described in Exhibit "A." Section 3. Performance bv Contractor. Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the a _2027 County Lodging Tdx Agreement-lnternol Page 7 LT -202L-O26- KVEC-l nte rn a I Operatio n s-202 2 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. c. The County and the Contractor agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. d. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Contractor of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Contractor shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. This contract is subject to review by any Federal or State auditor. Contractor shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Contractor shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Contractor shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Contractor's books, documents, papers and records related to the Services or this Agreement. Section 4. Compliance with Public Records Law. a. ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. ln the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Contractor pursuant to Washington's public records act, chapter 42.56 RCW, to allow Contractor to seek a court injunction. c. The County specifically shall not be liable to Contractor for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 5. Termination. The County may, by written notice thereof to Contractor, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Contractor is in breach or default. Upon e ,n,7 County Lodging Tax Agreement-lnternol Page 2 Lf -202L-026-KVEC- I nte rn a I Operatio ns-2022 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 6.laneous. a Contractor shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. Notice for any purpose under this Agreement, except service of process, shall be given by the Contractor to the Kittitas County Commissioners and the Kittitas County Auditor, 205 W. 5th Ave. Ste. 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 together will constitute one and the same instrument. f. Contractor warrants to the County that the individual signing on Contractor's behalf has the requisite power and authority to enter into and to perform Contractor's obligations under this Agreement. Contractor further warrants to the County that Contractor has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. g. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. _2027 County Lodging Tax Agreement-lnternal Page 3 Lf -2O2L-026- KVEC- I nte rn a I O p e r atio ns-2O22 KITTITAS COUNTY BOARD OF COUNTY oner MISSIONERS rk ofthe Board CONTRACTOR IPrint t1"at E 1t< Ave tz)2t lz,l [Address] r ra"\ ,10 u,-S7Zo [Telephone] I 7.' TO FORM II Deputy Prosecuting Attorney _2027 County Lodging Tax Agreement-tnternal Page 4 fxnr or h 'tH" KITTITAS CO TY EA {, Lodging Tax for Tourism-Related operations "lnternal Application Only" Submission Deadline: September 10th, 202L @4:0}pm Kittitas County Commissioners 205 W 5'h Avenue, Suite 108, Ellensburg, WA 9g926 509-962-7s08 Lodging Tax for Tourism-Related lnternal Operations General lnformation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RCW 67.28.780 and RCW 67.28.tgl ln accordance with the tax and Washington State law, a Lodging Tax Advisory Committee has also been established. The committee's purpose is to advise and recommend to the Board of County Commissioners how excise taxes on lodging should be allocated to support tourism which in turn generates revenue. Uses According to Law: RCW 67.28.L816 states the foltowing Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitor bureau or destination marketing organization for supporting the operations of tourism-related facilities owned or operated by a municipality. Definitions included in state law which should be considered ln any application requesting fundins include: 1. Tourism means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. 2' Tourism promotion means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing or the operation of special events and festivals to attract tourists. Review Process: Kittitas County's LodgingTax Advisory Committee (LTAC) will review all Kittitas County completed applications' Qualifying applicants will be provided the opportunity to present their projects to the LTAC and answer questions. The LTAC will submit their recommendations to the Board of County Commissioners (BOCC) who have final approval authority for the list of recommendations, Prior to making a final decision, the BOCC will publicly deliberate on the recommendations received from the LTAC. Applicants may also be requested to present their projects to the BOCC and answer questions. Tourism-related facility means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a) (i) owned by a public entity; (ii) owned by a nonprofit organization described under section 501 (c) (3) of the federal internal revenue code of 1986, bs amended; or (iii) owned by a nonprofit organization described under section 501 (c) (6) of the federal internal revenue code of 1986, as amended; a business organization, destination marketing organizations, main street organization, lodging association, or chamber of commerce; and (b) used to support tourism, performing arts, or to accommodate tourist activities. 3 S U B M ITTAL I NSTRUCTI ONS FOR I NTE RNAI APPLICATI ON Please return ONE COPY of the entire original application and answers to narrative questions to: Kittitas County Com missioners Attn: lnternal Lodging Tax Grant Application 205 West 5th, Suite 108, Ellensburg, WA 9892G Applications must be received no later than postmarked accordinglV. lncomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission Schedule: r Application deadliner Oral presentations of proposals to LTACr LTAC submits to BOCC r BOCC Deliberation and Decisionr Applicant Award Notification September 10 no later than September 16 no later than October 31 no later than November 17 November 1.7 Proiect Manarement: The Board of County Commissioners will approve the application based upon the recommendation of the LTAC, The Board willapprove by Resolution the amount authorized. All funds awarded under this program will be available in the form of a direct charge to the Lodging tax budget for the Fiscal year, January through December, Allfunds awarded for supporting the operations of county-owned tourism-related facilities will be available for reimbursement until January 15 of the next year. lf January 15, falls on a weekend the requests must be submitted on the Monday immediately following. Any unexpended funds will be returned to the Lodging Tax account and made available for re-appropriation. All requests for reimbursement shall be made to the Kittitas County Auditor's office at the following address: Kittitas County Auditor Attn: Lodging Tax Grant Funds Reimbursement 205 W sth, Suite 105 Ellensburg, WA 98926 For specific information and requirements regarding the reimbursement process, please contact the Auditor's office at 509-962-7502. Aonlicant Catenories and Elklbilltv: APPLICATION FOR LODGING TAX FOR INTERNAL TOURISM- RETATED OPERATIONS Applicant lnformation - orerations App lication for Fiscal Year 2022 Enter date: i.e. Jan 1 Name of Department:Kittitas Valley Event Center Mailing Address:901 E 7th Ave Ellensburg, WA 98926 Contact Person and Title:Kady Porterfiel d, Event Center Director Phone:509-962-7675 Email:kady. porterfield@co. kittitas.wa. us Project Title:Staffing Project Location KVEC Funding Request:$200,000 Application Req uireme nts x 1. The project qualifies for lodging tax funds is supporting the operations of tourism-related facilities owned or operated by Kittitas County. x 2. A completed project budget is included in the application (if applicable). Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify the application thresholds are met at the time of a pplication q/s/zr si of Official ve Title Date Tourism-Related Facility Operational Funding Narrative (Municipality Applications Onlyf For the ysa72022 1' Operational Spending: Please explain your request for operational funding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district, See Attached. 2. Sustainability strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal. See Attached. 3. Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of application. €c ls Signa of Officia presentative Title Date Tourism-Related Facility operational Funding Narrative (Municipality Applications Only) For the Year:2O22 1. OperationalSpending: Please explain your request for operationalfunding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district. The Kittitas Valley Event Center is requesting operationalfunding for its labor costs made in order to continue the support provided to customers who rent the facilities and visit Kittitas County. KVEC management realizes the importance of the proper attention, upkeep, and maintenance that this large and diverse facility needs, as welias providing excellent customer service and support. Our 2022 event season will start out strong as people are anxious to get back to their social lives and we've already seen a targl uptict< in event bookings. The annual Kittitas County Fair was an indicator peoplelre ready to be recreating and attending events again. We will continue to maintain our full-time jt"fing and offer our seasonal and temporary positions throughout the year-round event season. 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal. With current staff structure, direction, and processes, I(VEC can better meet the expectations and demand of events held on the grounds as well as continue to bring in new business, This also includes the newer self-promoted event with holding a community 4th of July celebration featuring a top-notch country music con"eit. Hosting more events as such increases the economic impact on our community by bringing in more visitors and generating tourism. New event holders continue to inquire about booking at KVEC due to the improvements they've witnessed as event attendees or by word of mouth. Once we have fully reopened in the new year, events that came and left are wanting to return to our location in Ellensburg as they love the centralized location in Kittitas County and are excited to look in to working with us.