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HomeMy WebLinkAboutLT-2022-001 (2)LI-2O22-OOI-JAZZ IN THE VALLEY 2022 LODGING TAX SERVICES AGREEMENT BETWEEN KITTITAS COUNTY AND LAUGHING HORSE ARTS FOUNDATION D.B.A. JAZZ IN THE VALLEY This Contract, effective January 1,2022 is made and entered into by and between KITTITAS coUNTY ("County"), acting as agent for and on behalf of the City of Ellensburg, a Washington municipal corporation ("City"), a subdivision of the State of Washington, AND LAUGHING HORSE ARTS FOUNDATION D.B.A. JAZZ lN THE VALLEY ("Contractor") for the 2022 Jazz in the Valley ( " 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. 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 "8" 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 eight thousand five hundred forty five dollars and fifty cents ($8,545.50) (City of Eilensburg 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 eight thousand five hundred forty five dollars and fifty cents ($8,545.50) (City of Ellensburg funding). c. Services/Expenses that are reimbursed must be dated during the current year and final date to submit reimbursements requests is January L5,2O2g after this date funds lapse. _2022 County Lodging Tax Funding Agreement Page 7 LT-2O22-OO1.JAZZ IN THE VALLEY d. Requests for reimbursements must be submitted to: Kittitas County Auditor Attn: Auditor's Accounting 205 West 5th Ave - Suite 105 Ellensburg, WA 98926 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: . Speaker and Performance fees r Artist Expense (used to cover overnight lodging expenses) r Rent canvas tents to cover the seating areas at the Downtown main venue .' Rent Porta-potties and wash stations for the Downtown to accommodate our attendees. e Hire security to police the Downtown Venues Friday and Saturday nights from 8pm until 1 pm . Help defray the rentals costs of the sound equipment used in Music Production/Sound Enhancement o Rent cooling devices/fans for the venues if the temperatures during the festival require them. o Purchase radio Ads o On-line and print advertising focused on our target audience. o Social media advertising o Use an on-line exit survey to get feedback from festival attendees o Collaborate with other music festivals in our State - Sponsorships/advertising . Send packets of festival brochures to all the Chambers of Commerce in the State. 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 at the conclusion of the event. 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 fol lowing add ress: http://www.co. kittitas.wa. us/a ud ito r/defa u lt.aspx _2022 County Lodging Tdx Funding Agreement Page 2 LT-2O22-OO7.JAZZ IN THE VALLEY 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 and City. Any such delegation or subcontracting without the County's or City's prior written consent shall be voidable at the County's or City's option. b. Contractor shall at all times be an independent contractor and not an agent or representative of the County or City 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 or City. ln no event shall Contractor be authorized to enter into any Agreement or undertaking for or on behalf of the County or City. lt is understood that the Contractor and the Contractor's staff and employees are not employees of the County or City and are not, therefore, entitled to any benefits provided employees of the County or City. 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 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, mental disability or any other protected status recognized under local, state or federal law. The Services shall at all times be subject to inspection by and approval of the County or City, but the County's or City'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 or City's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Contractor shall provide the County or City 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 City, or their 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 or City makes final payment of compensation due hereunder, Contractor shall provide the County or City access to (and the County or City 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 a e a County Lodging Tax Funding Agreement Poge 3 LT-2O22-OOT-JAZZ IN THE VALLEY 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, Indemnitv, and Hold Harmless. The County or City assumes no liability for the Contractor's actions under this Agreement. Contractor releases and shall defend, indemnify, and hold harmless the County and the City, their officers and employees, agents, representatives, attorneys and/orvolunteers, 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 or City in connection with the Services for this Agreement; a 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 any governmental authority; or a Any breach of or default under this Agreement by Contractor Secti on 5. Comoliance with Publ ic 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 or City 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 or City 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 or City specifically shall not be liable to Contractor for the County's or City's release under public records laws of any documents not otherwise exempt from disclosure by trademark, copyright or other law. Section 6. lndu lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County or City, their Additional lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Contractor's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this a a _2022 County Lodging Tax Funding Agreement Page 4 LT-2O22-OOL.JAZZ IN THE VALLEY Agreementextendtoanyclaim broughtbyoron behalf of anyemployeeof theContractor.Thiswaiver is mutually negotiated by the parties to this Agreement. Section 7. lnsu rance and Endorsements- a. The County may require through a request in writing that the Contractor provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect contractor, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Contractor or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Contractor agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Contractor shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County and City as Additional lnsureds 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 or self-insurance maintained by the County or City. 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 forServices not yet rendered bythe Contractor, if any, as of the date of the notice of termination. Section 9.laneous The City is not a party to this Agreement but is an intended third-party beneficiary of this Agreement and to the extent set forth herein certain of its provisions are for the benefit of the City and are enforceable by City in its own name and capacity as a Washington municipal corporation. _2022 County Lodging Tox Funding Agreement Pdge 5 LT-2022-OO1,-JAZZ IN THE VALLEY b. 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. 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. d. 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. 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. e. 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. f. 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. g. 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. h. 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. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. i. 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 _2022 County Lodging Tox Funding Agreement Page 6 LT-2022-OOL-JAZZ IN THE VALLEY 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. KITTITAS COUNTY hair MMISSIONERS I CONTRACTOR IPrint Name] LrlA r> 4'( /eo.r.- .So h<4,s.{,e G V"lto7zz- ttl $n' R-*" p l q \dA. Commissioner lAddressl [Telephone] * q 25"-') v ,2CA h Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney _2022 County Lodging Tax Funding Agreement Page 7 TXr br I oftu CLTAC: Application for Lodging Tax Grant Funding Grant Application Workshop - 2A21* Submittal lnstructions & General lnformation r Organization Address * ;irei:l :t4o:i'it PO^ B'rx:14 :\r)(ji lSc I riJ,2 il t! Ellensburg r, ^,t tl : ;,.., ) i_, :,j....: 98926 Dld yor allctil ihc G.crrl Appliaation i/Vorksitcn . 2i121 iro5r)d b_\r tite l(rttitijS Corillty ajnatrtDer at (lil,Ifeic--" ". Yes ,NO " Yes. I rlzi\,e r:r:a! 3tr! .taij,:tStanil SUL)n lllal IrrllfUl:aJn! iiD,l ii({i,)irt lrtto,rritlJo i.r- llrai 2ll',z l -|lirift{ f:l! (lr3r!t .r, t.tir{ You are strongly encouraged to compose your responses to the questions of this form with a desktop text editot and save your work, then copy and paste the ;nformation into the form. You may also save a draft by selecting the buJton at the irottom of this page. When you do thi$ you will be logged out and must log back in to continue. ln order to save a drai you wiil need to provide an email address and a passworrl. After completirlg the save draft, you will be redirected to landing page conlaining a link lo log bacK inlo the form Wa suggest you save this link as a bookmarh. The link will also be sent lo you in an email. FoI your convenience we have provided a word document vers;on of the questions. Download it here. Organization lnformation Name of Organization* Laughing Horse Ans Foundation d.b a Jazz in the Valley Sr.irc ],,.ry'rjs j ii,),rror WA r.-',1!Jr rl,y USA Organization is a:*, Business q Ncn-Prolit lNote: Please subrnit W-3 for business or IRS Designation Letter for non-piofit.) Click here lo view sample documents (redected). Upload Proof of Organization Status* $.r-l-l_JlV.ltif 5C ic:t.p(!' 144.84K8 788.28K8 Project Contact I nformation First Name* Last Name* Phone Number* Email* Don SolberE 509-839-5347 J azzi n rheVa lley(O ch a rter. n et Project or Event lnformalion ProjecUEvent Name* Service Categories .Jazz in the Valley (llilx)i. rll anfailrie, lt 1i t\ltti'{1r. tl' ; rF,r:i,rt ): , Tourisrn orcnioiionlmarketincl r', Operatron sf a spe;ial event de$igned to aftract tounsts . Operat:on 0f a ioi.rrism related facility Other Event Dates Please provrde any specific dates, or range clf dates, on r,vl,.ich yorjr evenl or proiect wi{l be held. you may adcl as filany dates o:'date rarrges as necessary. Event Dates Start Dates* 712912022 Projec{/Event Location * New or Ongoing ProjecVEvent? * Amount of Funding Requested * Response 1: ProjecUEveni Description * s 88e0,00 ifyduseiected Cr-.qon(P,olscuavelll abovelnrsarnounlniay4o1 exseed1{i%otthetolal e\pensebrxlgeictlh,s p.oieci. End Dates 7t31t2D22 Dowt'ttown Ellensburg . Ongoing ProjectlE.renl {More than iour years rrr existence) New ProjectiEver:i {Four cr.fewer years in exislence} Jazz in the Valley is a three-day music feslival originally crealed to celebrate the jazz genre in ail its varaous forms and to entice visitors lo spend lime irr our downtown area during the Surrmer Because our nunrbers have decreasecl in the pastfew years. we have expanded our rnusic repedoire beyond just Jazz (Blues, Funk. Rhagae, Zidagc. Gospei and even some Rock'n Roll) hoping to attract a larger and more diverse audience. We have everr approached the icjea of ie-branding to reflect that diversity. Our core audience rnembers are music lovers of who are looking for a weekend getaway at an affordable price. The primary attendees will come from ihe Facific Notlhvrest, bul the fesiival draws from across the United Stales and Canada. 25t0 rlrar;rcier lirnil Funding Request Max Tourism Seasons*ijio!'! |ir': !sl irelD:r r:i, ;t :.e1.rrr yr;j /.1tji lr,\et.t -rnl-i.?i.,j !r iirr:? :i':l!.al iilt,./...;;ricir rirl)lr . \'ear-rcr,rd {:anuary' Decemi:er) Off Season (November - February) Shoulder Season (October cr lvlaroh - May) / i-lrgh Season (June - Seplembe,) Application Questions. Paft 1 Please answer each question completely, in the order listed, Please include any supporling data within the response narrative. 1 | ProjecUEvent Descriptaon Please provide a description of your orojectieveni. 'l,ir', it?ltiirri r1 ..:tr;,!tlli-t t') tl,;al J it.t l\j. | 1t: l-'.lp; . 1 .Jittr bd.rl/L:- : (4lri.rs Video Link List of lntended Use of Funds* Speaker and Performance fees Artist Expense (used to cover overnight lodging expenses) Rent canvas tents lo cover the seating areas at the Downtown main venue Rent Porta-potties and wash stations for the Downtown to accommodate our attendees. Hire security to police the Downtown Venues Friday and Saturdey nights from 8pm until 1 pm Help defray the rentals costs of the sound equipment used in Music Production/Sound Enhancement Rent cooling devicesifans for the venues if the temperatures during the festival require them. Purchase radio Ads On-line and print advertising focused on our target audience. Social media advertising Use an on-line exit survey io get feedback from festival attendees Collaborate with other music festivals in our State - Sponsorsh ips/advertisin g Send packets of festival brochures to all the Chambers of Commerce in the Slate. 2l Supporling Kittitas County as a toLlrism destinatiorr i. Away ftort their place of lesicience oT iJusiness and stayrng overn:ght rn pard acconrnrocjations, 2, To a nlace lifty n:iles or ntore away irorrt theit place of resirience or bi:siness for ihe day or stayirlq oven,rghl, 3. or:'rclm anothet country or stale oulstde of their place of residence or business You trust provide the eviderrce utilized in deternrining your projections. Response 2.1 *\.'4tl ,,Lr:t<t li,riitsi:i:ril\ji'l i{r l\iiLit.l\ {1.),ltly kr !Lir't. i ).olir rVlt'j,':1i:Li,.Ji{i/,:t,tlllr) -- Vye r:ndenrvrite rariic progranis lhat ptonrole Jazz throughor:l the year anii purchase ads irr lhe nonth.s pflot to the festival la.get,ng oLr core audienc€ and blankeiing mosi of the siate -- ViJe produce 70C0 brochures and 250 posiers that dislribute throughout the Staie and nrajl information prckets to all of the Chanibers of Conrrrerce in lhe State. -- Vrle distribule at least 75 oi our poslers to localjcns tilrolqhour the state. 30 cf lvhich go to wineiies jn \ivaslllnqton (many pariicipate in the W;ne tasiings provided by Gallery One anC lhe Clynrer lvluseurn dr.rring lhe lesiival weekend). - We developec an on-line newsleiter targeted io past ailen.,ees, to Keep our paiions engaged in what ihis year's fesiival ,,vjll be ...:fferinq as well as other.events in 0ui'aret. -- fhroirgh nrany of the olr-lirre and socialmeciia ads we piaced in past years, rnre received vaiual;le dernographic informatilri. Combining this with lhe elnail adoresses irom past ticket sai€s. we hope to dire.{ nrarkel io ihis audience ancl request feedback olr their festival experiences. iCurrently rhe list numbe.s 865 entail adsresses) 251111 rir;irra!fl l:fiil Response 2.2 * Application Questions: ?arL 2 3l lmpact Response 3: Measuring Results* --il" rlij! iire O .;.ati , ::f,-)l! :'t!f,." 1/lr,,f/.i:tr)il{., j! -rr'r,:, '. r,),. ,r_, Ttte i;est record for orrr I Sciit;onal f*slivai v.,rits tii :01-.r. Vai irat \/e;)t -- We have a;rrailing list of over 1750 members, 36r-,6 {634) cilvhich l"lave addresses o;tsrde of our county aad which span across tite United states and Britrsh Colunrl:ia. The oLrl of courrty addresses are ail irorl] past attend€es ol the Festival wiro requested to be on tne list. -- We have been a lhree-day festival wilh Friday and Saturday nights events gcing until m'iinight. Most atlendees frorn rnore tharr 50 triiles away choose to stay .vernighl. be it irr local lodging establishrrrents or i,vith lrienCs that live rn tire area -- From our besl estrrstes, rn 201 3 {our last ticketed event) 53% or our |ckets sold 1,vere io alrt ol ccuniy residerrts. lSee Exhibit Ai ) -- Oi lhose wilo cornpleled our surue;/ at lhe fasti!.31: 57% were from oul of ccunly iSee Exhibit A2) -- Ot thos? who ccrnpleted our srtrvey at ihe fesitval: 57yo $/ere front oLit of courty (See Exhibi: A2j. Clf lhai rrunrber. -- Zat; sleyed in an RV Park in Kittitas Coun'ty -- 6'% siayed 1 rrghi in pard acconrmodations : 24c.i] staved 2 nighls in paid acccrrrntcdlhons -- 6% lvrth fiiends or relatrves tn Ktttitas CJunty -- 62% cidn't repo( --rA,led:danonlinesurveyin20l9lvithTT.esponsesancS2oluof respor;seswere fronr out ot c0irnty. -- ln 20 1L r,rye ran a iic(et ilrscounl promi:tional on social nredia, Out of coiintv residerrts accounled fcr 65% of the ticl(et sales. ')54. . i:r'rr 1,:iIr itrri l;rrr:rjirrlrLrrv./ti\:.,ri|ptari '1,.if!...i3rrrrliia{i'/l\/1ii ii; -rlir;r,.,r,ri,-ii't --As oul surveys have shown. past attendees to oLtrleslival have come fron: ali overlhecountrysndson1eftomclherllarlsoftltevrorlci Wehaveestablisherja clalabase of enrarl contacts for these people, By developing an orr-line nevi sle$et iargeling these past atlendees. vr's hope to keep our patrons engagecl rs happen;ng with this year's festr,.ral as well expose llrerr other events happefiing in cur area -- For t:re past 17 years. JiV h:rs provided a sirrvey lor fesiival artendees to fill out and askeci where they are frorn. how trany nighls they lver. slaylng in lown, and how tney heard aboui r.rs., (see Exhri:it A'1 ) 'Ihis rs also included jn or:r'oniine exit survey. (Exl:rbit A2). -- We know there are some of oul-oltowne.s wno atiend cur fesiival Lrut spenci lheir overnights with rlerlbers of our comnrunity rather than in lhe trotels. This year out online exit suivey is desigrreo lo [reasure ihis tlris as well. -- We are increasing orlr on-iine promotions -- Our newsletter to past attendees will also provide an opportuntty to share othsr e\ienls happen,ng in our area -- lhis year \ire will again send a festrval lrrochure to our niail;rrg list. for which t5% rs cut of Ktttitas CaLlnty. The brochures also advertise olher events happening tnat weekend in EllensbLrrg. .rairil clrai,?ct.r i-.r1ri Application Questions. Part 3 4l Collaboration lf your organiration collaborates or has created partnerships with other organizations, group5, or other events, how is this accomplished? 4.1 Collaboration*J. CHAMEER OF COMMERCe: -. Served as our sales outlet prior to the festival -- Provided staff suppof at the Box Olfice during the Festival. 2, CITY OF ELLENSBURG - Waived noise ordinance for weekend - Allowed our use of the Rotary Pavrlion for aul nrain venue and the on-site - briilding as our Box Oflice. -- Provided fencing iorlhe Rotary Pavilior: {main venue;, no parking signs, harrdicap signs, hung our banner across 4th between Matn and Pearl streets. 3 CWU -- Through a conlract arrangement providest Pranos, Music stands Platfonrrs. aqd Cooling fans for the Rctary Pavilion -- We partnered to provide nrusic clinics for the Couity high school students. -- We offereci yearly scholarsirips for Jazz students attending CWU. -- We oltereci scholarshtps to High school students lo attend JIV-CWU'S srintmei Jazz ramp. Their canrp T-shirts allowed thefi lo attend the festival for free and their families were also ailowed to prjrchase festival trckels a l:all price. 4. RODEO BOARD. Provides usage of approximately 750 charrs for the lesirval 5. 509 FACILITIES donated $t000 in-kind services lo clean anct nrarntain the Rotary Favillon during lhe leslival. 6, GALLERY ONE & CLYMER MUSEUM: -- They serverj ss music venues during the fesiival * Prov:ded a tastlng of prerririnr Washington State lvrnes on the Sat. afternoon of the festival. 7. FARMER'S MARKET: ren extended hours that'weekend 8 PUBLIC LIBP.ARY: - Decotated therr lobby rr,rith Fesiival nremorabilia -- They alsr: have an archrve of all our past feslivals. 9. KVH. -- DispJayed all 22 years of pcsters in lheir lobby throughout July. -- Was a Majoi Festival Sponsor rn 2019 and provided a free Sunday conce( lor our comnrunity- We handed out 468 wristbands to all those that ciidn't have a festival bedge. 10. HOTEL WINDROW. We were in discussicrrs tnis year about offering cjiscounletJ tickets to pairons of lhe hotel: but this became mute issue when lve decided to go with a non-ticketed ifree) event. 11. Ellensburg Downtown Associaticn We have ongoing cclmmunications thern for our lrrutual benefit. 25tld ch.rraii€r i{nil 4.2 Promoting Local Business* D+sttilitl i'r\! yrlr vrl p,sr r:ltr lDd{irrq i}staltrslIrrenls ] a)st,,,]tanls itto 0r'5lIe-is lo.al3'1 r!i l,,llllir5 L,)rinly - Feedback lron part;crpatirlq venues in 2021 suggested that it was very beneficial for their tlus{ness to have alcohol. general beverages. and food sales at the ven|les. and ihus not to have us cornpete rvith therr at the Rotsry Paviljon.iMain Stage area. tAte will be discussing this result as a boald and will iniegrate this information into olrr new lestlval plan. and these chanlles are reflected in our proposeci budgei for 2022 With this clear benefit to the venues rn mrnd, ure would decrease some income. bul also srgnificantly redlrce our board and volunleer effort and expenses. Our new collabotation vrith the Dnwlrlown associalic[ wil' benefit this plannirrg and discussicn greatly. -- We pian on using social medja nrarketing. radio ads. sending brochures throughout Washington State, tourisnt ads, newspaper ads. online adverllsinq. discounled iicket prornolions and cross prom0tions wiln lodging estabiishnrents, --By developing our on-line nelvslettertargeting pasl attendees. we can keep our palrons engaged tn what thts year's festival will be offering as well as connecting them wilh othe, events i|r oi..:r area. The altenriee list is derived from our pOS sales during the festival as weli as what lhe Chantber sells Showclix sales ancl our maritng list that lnclucles Emaii ac'dresses. --ln2Ol9.\,vesen!851 donaliofr{etters{5360[65%wereoutof KrttitasCountvand 35% were out of Washtngton State). The mailing included or.rr brr:chure advedisingt our festival and outlining other local events haopening that weekend. - \ le will contirrue lo explore with lodging establishments the possib,lity cf creating value pack.ages for lhose who atterd the testival, At least four of them ;ndicalecJ rnterest iil a polenti3l partnership, -- We are also considering oftering swag bags iin collaborallon ruith EDA) or other incenlives tied to a survey oppodunily to the lodging establashnrents forthose attending the festival. This should help us have a better count on fesiival a[endees s'laying in town. 250L1 .har 4-;ler lr!tif 4.3 Host Hotel*.s:1rfj,r I '),J.1i l':.:,1'tt i,.: 1 .lr; l.rt :tr-.ilt i:r.riai-,ii i.rj ijr{ !1. .j,_1,..1 No *, Yes. Hotel Windrow & Econolodge {for the arlists) 5l Future Plans Pleaseexplainwhatplansexisttoallowthigproiecttobecomeself-sustaining. lncludeanypiansforticketsales, event sponsors, and other cost-recovery models. Future Plans*- From its initial conception Jazzia the Valleywas designed as an eventto promote and benelit do$rniowtl Ellensburg. Any profits from prevtous festivals have been dedicaled to inrproving the ieslival experietlce the following yea. snd helping suppott the Jazz Studies program at CWU. -- We lecognize that festivals around tlre Uniled States are undergoing lranslormational changes, due to both COVID and the shifttng demographics and financial practices irr lhe music industry We have survrved for 20+ yeats on donaiions, grants, and vo|"rnleer labor to hold ticket prices to one of the most affordable festivals in the ent,te Pacifrc Nortnwest. We are focused on redesignirlg ourselves to stay both viai:le and relevant. --lf we are io stay a non-orofit operalion dedicated to ourcommunity's benefit, cor:tinued ccmnrunity-based support is essential. This must extend lo the previously promised (but so far not executed) changes in the downtown Main Siage area {i-e. Rotarl Pavilion area). Hopefuliy these changes wili allo\,v us to simplify ollr selup and reduce operational costs by providrng: -- a new stage area '- shading - possible enlargement, to include usage of some portions ot 4th Ave andior Pearl Street as pafi of tire festival grourrds. -- We are engaged in discussions rr;ith the new City adn),nistration antJ others, including potential suppcrl of a Crealrve Center Desigriatron by the State of Washington. :5i10 {Jrl :1rJer lirnit Application Questions. Part 4 6l Additional lnformation Provida any additional information which will assist the Lodging Tax Advisory Committee in evaluating your proiect and its benefit to tourism. .ji:airr:l.rS irIi' .r rlltlrt(!.t,lCr. i'1t)er ji :ar, We were iotced to c,lncel Jazz ir lhe Vailey in 2020 due to COVlll. ln piannirq for 2021 we drd extensive research into possibilittes of a vinual event or a live- streatlted event. Despile tenl3tive agreements irorn prodrrctiDn companie s lc ireip prcduce such a. event, ihe follolving lactors sicpped irs -- Ccsls -- Uncertain tsvenue sttealrs ircnt onlirre Jttendance -- Lack oi itoard expefiise in prcductnq sr,ch events -- The May 2021 Covrd Surge with unc3nainty cf the goveinment allowil':g in-person attendees in nurnbers ad€quaie io s'ipport lne festival. -- UIcerlain safety for orr: vol.rnteers i-l--e Board alnrcst canrelled the lestival agair,. irr 20:11 lrut at the lasl minuie. we elected to fy a srmpler. srr:aller festival. 'rlle ccose Io limit it io ihree venues (all tn exisling reslarrran|s and a hctel {wo olthern outdoots) We onlV adve*ised oritne. sold no lrckels and onlV periermeti Fnday and SatL;r'clay {i.e. ihrs was a free" e,rent with donatons acceiJted al lhe event). Tiles,e char-rges reduced cui volunteers tc a few Board nrernbers, requrred no extens:ve seiiip ancl leardown c.ews Th:s rn,rir:rrzed pclentr3l COVID exposures. and gteatly reciuced our costs Out qr:al itr 202 1 was lo give oack to the conrntunily ir:r 20+ years of supporl. Our specilic results are coc.tmeniecl elsewhere ir this aoplicalion: an,j a srgnificant finan;ial loss uras p;-evented cnly by LIAC s acaepaance of conlracilrodi{tcations allolving rellrbursement lcr performerlariist exnenses, a}'1d an additional fujniing allocaticn fronr unused grirnis. We {eel proaluciion cl an evert in lhese conclilions acc{)mplished oiir st:ited goal and gave no evirlence of lrrgger;ng a s.uper-spieade." COVID event iaccor'rirrrr'; lo lhe K:tirias Co;niv PHDt Vlle also feel ii reaffirrreo lhai the corlnrunity is hungry to atteno dcwnio\rl-t ntusic festl\"tai eve nts nrcre in the fasirron of previous years when this beconres possii-le 2':qtj ' *.t, . .tt! |'t i Additional lnformation At the tinre cf th;s subrrrission. Jazz in the \iailey is tn the rlrddle of ;iuli;ple fliriri anti signiiicaiti infliiet:ces, Tlt*se ii:clude unrescli,erj Covid-19 issues, charrg ng Festival oemographics an{j iinancial silppdri bolh n:tionally anJ regionaily a sriraller bcard wilh fewer rnternai volunteet resotrrr)es 11r''y -rppori.trtrtres ior deeper bsi altererj pa'inersi'ips witir tracj:tional coilaborato;'s ilil.e Ellensburg Downtown Associat;or The Crty of Ellensbu;'g, CWU with several n:w Boards or fulrnagers.) Given ihe racicily chang:ng tlalitre of th:s envirorrrlerrl, but recognr:rng the siatutory and iinlrnlj linrit3ljons of the LTAC process, we ofier this applicalion as ouf t|ue best etfoat at planrling for a festival al the end ol .ttrly. 2C22. 2li:lil ri.:.r jl,l liil:il t:x*ttttl l\-2{).f i.ntJf 2i 3.il:Kll ,, jtt'):1r.':rjtr,,rrr;i,r, .:t:tt :)j,;it,t..,.. ., arj.ir'j'1r.fi:rrt.i j.tii,, t'i'., i.tljii:.,1,.:t. Previous Years Awarded Lodging Tax Grants* 7l Previous Lodging Tax Grant lnformation 1,aa yorI a:u,'ll taii)€ .rir.i i a!rr. ii(j 'lt,iJit,j1 rri iji!V,arr,1;:(ltr!;/ Nc, thi.s event/project has not prev;ously received l..r:clging fax Funding Yes. 1 year ptevrous Yes. 2 years privious r Ycs 3 o, lnord ipirs previous Overall Attendnace Number of people travelling more than 50 miles for your event? Past Actual* Projected * '1 ,'1 88 880 Number of people traveling from outside WA State for your event? Past Actual* Projected* 4s 47 The number of overnight guests who stay in paid accommodations in Kittitas County for your event Past Actual* pro.jected* 44a s00 Number of paid lodging room nights resulting from you event/activity/facility? Past Aclual* Projected* 1,361 t,091 Past Actual* 2,241 Prior Year Paid Overnight Stay Data Past Methodology* Projected Methodology* Projected* 2,200 f'ih1{ rn?liri}(iirl,rlly drii.la{, (.i,: tt\ riilttia,a. tt1t 2.!fia a..\ral rit t),r|;i 1 Di.ect Counl (p.efefred) ,l lnclirect Ccunt : Repr-esenlative Survey lnfcrrr.:al $urrey {prelerred) Structure{1 Esttmale Other r,r,4rj:l,n'-iIlri(lriaq!- will Tarr !so lu !:jlj|!attj i1t.l ujr(;oltrlj{ :utrlx:r:,3 {' Direci Couni ipreferred) r' lndirect Counl Represenlative Suruey ' lnformal Survey ipreterreo) ' Struciured Estima:e , Olher r.i:t\." l..it t,::):.../, .,t,.ir.iti,.;t\ -...:,)a.1..,t.)t::),,:l:,,::.1,,,a:l:.a.-r.. -jt.,1,^, -,:: i,3j:t1ng.*ir.iji"'i _2(]""a.pt1{ 1t {1.:iKll Methodology Narrative * r-i.::r.i:t i\Ol;t r: --We ira,re attempied multiple trr.rres lo ha':e iocal hotels tiil in slleeL counts of lodgers that came to attend the feslival. lnJe have found conrpltance with lhese measures sootty at best. ln 2C19 'rre relied on count estintates fion the lrotel establishnrents after the fesltval. --ln?C2a we rjid rrot have slaft or resources to corn!riete eithertype of survey. -- \,11e ars exploring prcvicillg swag bags to iire lcdging estabiishileitts io ofierto patro,rs who aae atleilding the fest;vai, as a lvay to encourage mote acauraie cotlnts il'-rll 'iiji :t'.rt; I t: I Application Questions: Part 5 8l Funding Does yot:r'ol-ganizaticn har.ie. or have you applieci fr:t'. grani firnding fronr clher soilrtes? li not. why not? 1," ves. please llst llre iunaing yoLr have for the prcleci. including any volunieer ar':cJ in-kinct so,.:rces in euestion 9l pro.iect Budget 0verview. Funding sourcgs and arncunts which have not iret been secured v,;ill he iisled separateiy, in lhe field{st drrectly beloiv. Finally. wliat changes ltrouid occut tl lhe p,ojeci coukjn't be fundecl? Other Funding* " j\r,: *Explanation Funding Shortfalls* Matching Funds Percentage Verification of ln-kind Contributions Ottr prior applicaticn anlri grarll frorri Ellensburg Arls Com|nission was to hekl p|l on a i:and carrrp. $Jilh the ietir?ment of Chrs Bruya frorn CWU, this projeci has noi yet been pjcked up by ihe rie!v- diiector of Jazz Studles al CWU We are in the pr,rcess of aUanqirrq a nreelinii with lhe new dlrector, but wlll noi be al:le lo acoornltlish this pfior to this opplication needing sLlbmrssio;i. 9l Project Budget Overview Please conrplete bLldget for this ptoieetlptoposal. lf yr:ur agency operates independenily cl lhis proiect applicaiion it rnay not be necessaty to suhnr:t the entir'e agency budget. You rrrust submit a budget which specifically pertains to the projectlevent for which you are requesting furld,ng arrd adheres to tlre basic budget format shown below. The budget trrust incltlde anlicipated revenues. experrditures. and any potential prolit or ioss Fo; projectsleve*ts which are ongoing for nlore llran one il) year. please also suhinrt aatua,s fro|rr iire previous three {-r) years of operatrons ineed rrot be r:onsecutivei for tlre prcrjecl/proposal if applicabie For any claitrred irr-kind corrtributions valued ai $500 or rnore arrd related to marketingladvertising, you tnatst submit verifyitlg doculnentatiotr which assures ihe contr,bution will be provided. l.or instance. iiyou are clainui,g lr- kind ccntributiot:s in the form of advertisrng 'r')aloh, e bindinq contract itemizing the rnaiching value and oblig:linq each pany musl be provided, ATTENTION: ln an efforl to allow an adequate level of flexibility for all applicants, not all fields in the budget porlion are required to be filied before this fonr is submitted. Providing all applicable data is your responsibility, failure to do so will potentially jeopardize your application's chance for review. :_':r lil , lrtr.tr t,', ilt-.1 l, tt.i| .,:. , . t): t. a:. 'l :... .ii I i ", ''4lr: t'li;irij i:e il:,:*ij lo,j.,j,r {jo$jn i-r,- tf:iet,/es trlanijriat lttt'aras:li: :r:nts,t.2l.::-n ::r-l a1 t;; J ai t:r t a, i:i)\.t {: i \l t.ai f '. :1 :J ; r: y s.t c tif ltll. i!,\.'i., 'it, | : !) '.'; ,t ir' . '.',i,..ll .i) ), ... ttt.,. :ji,\. r.:itr,: r, ,,,tj Budget Year Edit if necessary 2019 2020 2021 Revenues From Consolidated Lodging Tax Grarrt Past Actual 2 $ 0.00 Past Actual 2 $ 0.00 $ o.oo $ 10.00 $ 0.00 $ 0.00 $ 0.00 Past Actual 1 $ 14,099.32 2022 Projected $ 8,890.00 Projected $ 22200.00 $ 57000.00 $ 10,00 $ 20.00 $ 0.00 $ 3200.00 Projected $ 6000.00 Projected '1,896 Proiected $ 141989.76 Projected $ 500.00 $ 16100.00 $ 6000.00 Past Actual 3 LTAC Grant Funding $ 10,000.00 All Other Revenues Account Name PastActual 3 Total Contributions $ 27681.00 Event Sales $ 58071.00 lntereslearned $ 101.00 misc lncome $ 15.00 Concession Sales $ 5980.00 Souvenir Sales $ 5980,00 Account Name lnkind Contributions Past Actual 3 $ 6150.00 Evidence of Volunteer Contributions* Calculated Value of Projected Volunteer Time Past Actual 3 RevenueTotals $ 113978.00 Past Actual 1 $ 4851.00 $ 0.00 $ 8.oo $ 0.00 $ 0.00 $ 0.00 ln-Kind Contributions (except volunteerism) Past Actual 2 $ 0.00 Contributions of Volunteer Time Past Actual 3 Past Actual 2 Number of Hours 2,748 940 Past Actual 2 $ 10.00 Past Actual 1 1,135 Past Actual 1 $ '18958.32 PastActual 1 $ o.oo Past Actual 1 $ 0.00 $ 1416.00 $ 0.00 ).:it \fii;,a1 ,t.i1(;.t11.:.,,'::t:|tt)ll.:),:),:\jt,,,(?ti:,.rrl,:tt:iir..lrrr,r r:tlrlilr,,ri:r;lru,r.t 8oar.1-Vol.,nteer Hr 2C'2.,?Z.pdt 37 3KB $ 4.1 6i19.76 Expenses Account Name Education Grants Facilities Fundraising Past Actual 3 $ 5040,00 $ 17448.00 $ 4999.00 Past Actual 2 $ 0.00 $ 0.00 $ 0.00 General Musician/Ahist exp Artist Lodging Promotion: Electronic Promo: Prini Ads Promo: Poster/Handbill/etc Tickets/Sales Volunteers Cost of goods Sold $ 8160.00 $ 46757.00 $ 7749.00 $ 4297.00 $ 7605.00 $ 2744,00 $ 1632.00 $ 356.00 $ 4063.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0,00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Past Aciual 2 $ 0.00 Past Actual 2 $ 10.00 $ 496.00 $ 11750.00 $ 944.00 $ 329.00 $ 8420.00 $ 36300.00 $ 6000.00 $ 4600.00 Past Actual 3 Expense Totals $ 110850.00 Profit & Loss Past Actual 3 $ 3128.00 Application Certification $ 0.00 $ 0.00 $ 0,00 $ 0.00 $ 0.00 Past Actual 1 $ 14935.00 Past Actual 1 $ 4023.32 $ 4s00.00 $ 3250.00 $ 2050.00 $ 400.00 $ 850,00 Projected $ 88370.00 Projected $ 53019.76 The applicant here certifies and affirnrs: 1. That it does not now, nor will it dur,ng lhe pedormance of any contract alsing kcrnl this application, unlawL:lly discrirninate against any employee, applicani for enrployment, client. custornet or olher person who might beneiit frorn said contract. by reasor.. of age, race. color. elhnicity, sex, religion, rnilitary stalits. sexual orientaiion, creed. place of birth, or disabiliiy: 2. That it will abide by atl relevant local, siate and lederal laws and regulations and 3 Th.at it has read the information contained rn the lnstructiotis on pages '1 ancl Z anci understancjs and will comply with all provisrons therecf- Certified by:Sign Don A. Solberg Treasurer. Ja:z in the Valley/Lar-rghing Horse Arts Namer Applicant's Title* w-g Request for Taxpayer ldentification Number and Certification > Go to www.irc.govlFofmwg lor instructions and the latest information. Form (Rev. Octobsr 2018) Department of the Treasury lnternal Fevenue Service Here Give Form to the requester, Do not send to the lRS. I Name(asshownonyour tax Name ls on this line blank. 4 Exemptions {codes apply only to certain snlities, not individuals; see instructions on page 3): Exempt paye€ code (if any) _ Exemplion {rom FATCA reporting code {if any) (Appfies to accounts mintainod outsida tne U.S) Requester's namo and address (optional) Kittitas County Auditor 205 West Sth Ave . Suite105 line 1 to avoid However, for a For other How to get a Date ) . Form 1099-DlV (dividends, including those from siocks or mutual funds) r Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) . Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) r Form 1 099-5 {proceeds from real estate transactions) . Form .1099-K {merchant card and third party network transactions) r Form 1 098 (home morigage interest), 1098-E (student loan interest), 1098-T (tuition) . Form '1099-C (canceled debt) . Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TlN. lf you do not return Form W-9 to the requester with a TlN, you might be subiect to backup withholding. See What is backup withholding, later. La 2 entity name, if dba Jazzin 7 List account numb6r(s) here {optlonat} Signature ol U,S, person ) above c)E)(!o c ttco .J5 o E .9:E(, ll,ao ooa OJo oz.E o. Enter your TIN in the appropriate box. The TIN provided must match the name given on backup withholding. For individuals, this is generally your social security numoer lsstrt;.resident alien, sole proprietor, or disregarded entity, see the instructioni for part l, later. entities, it is your employer identification number (ElN). lf you do not have a number, seeIlN, later.or Note: lf the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that l The number shown on this form is my correct taxpayer identification number {or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the lnternal Revenue Service {lRS) that I am subject to backup withholding as a resuit of a failure to report all inleresi or dividends, or (c) the IRS iras notified me that I amno longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4 The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to baokup withholding becauseyou have failed to report all interest and dividends on your tax return. For teal estate transactions, item2 does not appiy. For mortgage interost paid, acquisiiion or abandonment of secured property, cancellation of debt, conkibutions to an individual retirement arrangement 1tnn;,-anid generally, payments other than interest and dividends, you are not required to sign the certification, bul you musi provide your conect Tlli. See the initructi6ns for Fart ti, tat"r. General lnstructions Section references are to the lnternal Revenue Code unless otherwise noted, Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number [IlN) whlch may be your social security number {SSN), individual taxpayer identification number (lTlN), adopiion taxpayer identification number (ATIN), or employer ldentification number (ElN), to repod on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. r Form 1099-lNT (interest earned or paid) 3 Cheok appropriate box for f€deral tax classification of the person whose name is entered on ljne 1 . Check only one of the following seven boxes. I lndividual/sole proprietor or Z c Corporation n s corporation f] Partnership n Trusyestate single-member LLC fJ LimiteO liability company- Enter the tax classitication (C=C co.poration, S=S corporation, p=partnershiF) ) -*,.*Note: Check the appropriate box in the line above for the tax classificalion of the singl€-membet owner, Do not check LLC if the LLC is classitied as a single-member LLC that is disregarded from tho owner unless tho owner of lhe LLC is another LLC that is not disregarded from the owner lor U.S. federal tax purposes^ Otherwiss, a single-member LLC is disregarded from the owner should check the appropriate box for the tax classificaiion ol ils owner. Olher instructions) > , slreot, and apt. or P.O. Box no instruclions EI state, and ZIP code 98926 number Part I identification number Part 1l Cat. No. 10231X Form W-9 (Rev. I 0-201s) Form W-9 (Rev. 10-2018)Pa1e2 By signing the filled-out form, you: l..Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. lf applicable, you are also certifyjng that as a U.S. person, your allocable share ol any partnership income from a U.S. trade or buiiness is not subject to the withholding tax on foreign partners, share of etfectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See Whaf r's FATCA reporting, later, for further information. Note: lf you are a U.S. person and a requester gives you a form other than Form W-9 to request your TlN, you must use the requester's iorm if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: r An individual who is a U.S. citizen or U.S. resident alien; . A partnership, corporation, company, or association created or organized in lhe United States or under the iaws of the United States; . An estale (other than a foreign estate); or . A domestic trust (as defined in Regulations section 301 .7701-7), Special rules for partnerships. Pafinerships that conduct a trade or business in the United States are generally required to pay a withhoiding tax under section 1446 on any tore,gn padners' share of effectively connected taxable income from such business. Further, in cerlain cases where a Form W-9 has not been received, the rules under section .1446 require a partnership to presume that a partner is a foreign person, and pay ihe section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the par.tnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. ln the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S, status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. . ln the cass of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity: r ln the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and r ln the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person, lf you are a foreign person or the U.S. branch of a ioreign bank that has elected to be treated as a U.S. person, do not use Form W 9. lnstead, use the appropriate Form W-B or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generaily, only a nonresident alien individual may use the terms ol a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. lf .you are a.U.$. resident alien who rs relying on an exception contained in lhe saving claus€ of a tax lrealy [o ctaim an ei(emptionfrom U.S. tax on certain types ot income, you must attach a stitomentto Form W-9 that specilieC the followlng fiire llerns. .1 . The treaty country. Generally, this must be the same iroaty under which you claimed exemption frdm tax as a nonresident ali6n.' 2. The keaty article addressing the income. 3- The, arlicle number (or location) in the tax treaty that contains the saving clause and its exceptions. . 4. The type and amount of income that qualifies for the exemption from tax. 5. Sulficient facts to justify the exemption from tax under the terms ofthe treaty artlcle. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarshlp income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendaryears. However, paragraph 2 of the first Protocol to the U.S.-China keaty (dated April 30, 1984) allows the provisions of Article 20 to continu€ to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a slatement that includes the information described above to support that exemption. lf you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24o/o ol such paymenis. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TlN, make the proper certifications, and report all your taxable jnterest and dividends on your tax return. Payments you receive will be subjeci to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part ll for details), 3. The IRS tells the requesier that you furnished an incorrect TlN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify io the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after.l983 only). , Certain payees and payments are exempt from backup withholding. See Exempt payee code, late(, and the separate lnstructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATGA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FAT1A reporting code, laier, and the lnstructions for the Requester of Form W-9 for more information. Updating Your lnformation You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. ln addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TlN. lf you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for lalse inlormation with respect to withholding. lf you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev- 10-201 8)eaga 3 Criminal ponalty lor falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TlNs. It the requester discloses or uses TlNs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific lnstructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. lf this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFl)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. lf you are providing Form W-g to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a, lndividual. Generally, enter the name shown on your tax return. lf you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your tirst name, the lait name as shown on your social security card, and your new last name. Note: lTlN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 104O/1O4ON1040EZyou filed with your application. b, Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/104ON1040E2 on line 1. you may enter your business, trade, or "doing business as', {DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entiiy's name as shown on the entiiy's tax return on line'1 and any business, trade, or DBA name on Iine 2. d. Other entities. Enier your name as shown on required U.S. lederal tax documents on line 1. This name should match the name shown on the charter or other iegal document creating the entity. you may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entlty that is disregarded as an entity separate from its owner is treated as a '?isregarded entity." See Regulations section 301 .7201-2(c)(2){iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. lf the dlrect owner of the enlity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." lf the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TlN. Line 2 lf you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. Line 4, Exemptions lf you are exempt lrom backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exernpt payee code. o Generally, individuals (including sole proprietors) are not exempt from backup withholding. r Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. o Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. . Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-M|SC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 -An organization exempt from tax under section 501(a), any lRA, or a custodial account under section 403(bX7) if the account satisiies the requirements of section 401(D(2) 2-The United States or any of its agencies or instrumentalities 3-A state, the Diskict of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4-A foreign government or any of its political subdivisions, agencies, or instrumentalities 5-A corporation 6-A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7-A fuiures commission merchant registered with the Commodity Futures Trading Commission 8-A real estate investment trust 9-An entity registered at all times during the tax year under the lnvestment Company Act of 1940 1 0 -A common trust fund operated by a bank under section SB4(a) 1 1 -A financial institution 12-A middleman known in the investment community as a nominee or custodian 13-A trust exempt from iax under section 664 or described in section 4947 lF the sntity/person on line 1 is a(n)... THEN check the box lor . . . . Corporation Corporation . lndividual . Sole proprietorship, or. Single-member limited liability company (LLC) owned by an individual and disregarded for U,S federal tax purposes. lnd ividual/sole proprietor or single- member LLC . LLC treated as a partnership for U.S" federal tax purposes, . LLC that has iiled Form 8832 or 2553 to be taxed as a corporation, or . LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. Limited liability company and enter the appropriate tax classif ication. (P= Partnership; C= C corporation; or S= S corporation) e Partnership Partnership . Trusuestate TrusVestate Form W-9 (Rev. 10-2018)Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. Payments made in settlement of Exempt payees 1 through 4 payment card or third party transactions 1 See Form 1099-M|SC, Mlscellaneous lncome, and its instructions. 'However, the following payments made to a corpotation andreportable on Form 1099-MISC are not exernpt fiom backup withholding: medical and health care payments, attorneys'fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATGA reporting code. The foliowing codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial jnstitution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with .,Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A-An organization exempt from tax under section S01(a) or any individual retirement plan as defined in section 7701(a)(S7) B-The United States or any of its agencies or instrumentalities C-A siate, the District oi Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or jnstrumentalities D-A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-t(cXtXi) E-A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1 .1 472-1(cX1Xi) F-A dealer in securities, commodities, or derivative financial instruments (lncluding notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G-A real estate investment trust H-A regulated investment company as defined in section g51 or an entity registered at all times during the tax year under the lnvestment Company Act of 1940 l-A common trust fund as defined in seciion SB4(a) J-A bank as defined in section 581 K-A broker L-A trust exempt from tax under section 664 or described in section aeaT(a)(1 ) M A tax exempt lrust under a section 403{b) plan or section 457{9) plan Not€: You may wish to consult with the financial institution requesting this form to deiermine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address {number, slreet, and apartment or suite number). This is where the requester of this Form W-9 will mail your inlormation returns. lt this address differs from the one the requester already has on file, write NEW at the top. lf a new address is provided, there is stlll a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part l. Taxpayer ldentification Number (TlN) Enter your TIN in the appropriate box. lf you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (lTlN). Enter it in the social security number box. lf you do not have an lTlN, see How to get a TIN below, lf you are a sole proprietor and you have an ElN, you may enter either your SSN or ElN" lf you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or ElN, if the owner has one). Do not enter the disregarded entity's ElN, lf the LLC is classified as a corporation or partnership, enter the entity's ElN. Note: See What Name and Number To Give the Requester, later, for further clarrfication of name and TIN combinations, How to get a TlN. lf you do not have a TlN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-BOO-772-1219. Use Form W-7, Application for IRS lndividual Taxpayer ldentification Number, to apply for an lTlN, or Form SS-4, Application for Employer ldentification Number, to apply for an ElN, You can apply for an EIN online by accessing the IRS website at www.irs.govlBusrnesses and clicking on Employer ldentification Number {ElN) under Starting a Business. Golowww.irs.govlForms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gav/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. lf you are asked to complete Form W-9 but do not have a TlN, apply for a TIN and write "Applied For" in the space for the TlN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily kadable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subjecl to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied Fof' means that you have atready applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part ll. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otheruise. For a,joint account, only the person whose TIN is shown in Part I should sign (when required). ln the case of a disregarded entity, the person identified on line 't must sign. Exempt payees, see Exempt payee code, earliet. Signature requirements. Complete the certification as indicated in itemslthrough5below. lF the payment is for. , lnterest and dividend payments Broker transactions Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct sales over $5,0001 THEN the payment is exemptfor... All exempt payees except lor 7 Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Exempt payees 1 through 4 Generally, exempt payees 1 through 52 Form W-9 (Rev. 10-2018)Page 5 1. lnterest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered activ€ during lg8it. You must give your correct TlN, but you do not have to sign the certification. 2- lnterest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during '1983. You must sign the certification or backup withholding will apply. lf you are subject to backup withholding and you are merely providing your correct TIN to the tequester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. you may cross out item 2 of the certification. 4. Other payments, You must give your correct TlN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured propeny, cancellation of debt, qualitied tuition program payments (under section 5291, ABLE accounts (under section 529A), lRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions- You must give your correct TlN, but you do not have to sign the certification. What Name and Number To Give the Reguester For this of account:Give name and SSN ol: For this type of account:Give name and EIN of: 14. Accounl with tho The entity Agriculture in the name ol a public entity (such as a state or local government, school district, or prison) that recejves agricultural program paymentB 1 5. Grantor hust filing under the Form 104,l Filing l\4ethod or the Optional Forn 1099 Filing Method 2 (see Regulations section 1,671 -a(bXZ)(i)(B)) The trusl 1 List first and circle the name of the person whose number you furnish. lf only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. a List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Specral rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: lf no name is circled when more than one name is listed, the number will be considered to be that ot the first name listed. Secure Your Tax Records From ldentity Theft ldentity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: . Protect your SSN, r Ensure your employer is protecting your SSN, and . Be careful when choosing a tax preparer. lf your tax records are affected by identity theft and you receive a notice from the lRS, respond right away to the name and phone number printed on the IRS notice or letter. lf your tax records are not currently affected by identity theft but you think you are at risk due to a lost or siolen purse or wallet, questionable credit card activity or credii report, contact the IRS ldentity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, ldentity Theft lnformation for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service |IAS) assistance. You can reach TAS by calling the TAS toll-free case intake line al 1-877-777-4778 or TlY/f DD 1 -800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering privaie information that will be used for identity theft. 1. lndividual 2. Two or more jndividuals 0oint account) other than an account maintained by an FFI 3. Two or morg U.S" persons toint account mainiained by an FFI) 4. Custodial account o1 a minor (Uni{orm Gifi to Minors Act) 5. a. Ths usual revocable savings trust {grantor is also trustee) b. So-called irust account lhat is not a legal or valid trust under state law 6. Sole proprielorship or disregarded entity owned by an individual 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Begulations section 1.6/1 -4(bX2Xi) The individual Tho actual owner oi the account or, if combined funds, the first individual on the accountl Each holder of the account The minor2 The grantor-lrusteel The actual ownerl The ownsr3 The grantor' Give name and EIN of: Legal enlitya The corporation The organization The partnership 8. For this type of accountr not owned by an The owner individual 9. A valid trust, eslate, or pension lrust 10, Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, charitable, educational. or other 1ax- exempt organization 12, Partnership or mulli-member LLC 13. A broker or registered nominee The broker or nominee Form W-9 (Flev, 10-2018)eage 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. lf you receive an unsolicited emaii claiming to be from the lRS, foruard this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury lnspector General for Tax Administration IIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or repod them at www.ftc.govlcomplaint. you can contact the FTC at www.ftc.govlidtheft or 877-IDTHEFT (877-4g8-4038). lf you have been the victim of ideniity theft, see www.ldentityTheft.gov and Pub. 5027. Visil www.irs.gov/ldentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 61 09 of the lnternal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or ceftain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an lRA, Archer MSA, or HSA. The person collecting this lorm uses the information on the form to {ile information returns with the lRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U,S. commonwealths and possessions for use in administering their laws, The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a peroentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer Certain penalties may also apply for providing false or fraudulent information. lntemal Revenue Servise Date: April 12, 2003 Laughing Horse Arts Foundation P.O. Box 214 Ellensburg, WA 98926-0214 Departrnent of the Treasury P.0. Box 25O8 Clncinnati, OH 4S301 Person to Gontact: Ronnie Clemons Customer Service Representative Tolt Free Telephone Number: ll:00 a*n. to 6:30 pm. EST 877-829-5500 Fax Numher: 513-263*3756 Federal ldentification Nurnber: 91-'t211 173 Dear Sir: This is in response to your Certificate Of Amendment, filed July 6, 1999, in the State of Washington, changing the organization's name from Ellensburg Summer Theater Foundation, to the above as listed Our records indicate that a determination letter issued in July 1984, granted your organizalion exemption frorn federal income tax under section 501(cX3) of the lntemal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your otganization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization descrlbed in sectlons 5o9(a)(1) and 1 7o(b){1XAXvD, This classification was based on the assumption that your organization's operations would continue as stdted in the application. lf your organization's seurces of support, or its character, method of operations, or purposes have changed, please let us know so we can considerthe effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form gg0, Return of Organizatton Exemptfrom lncome Tax, only if its gross receipts eadr year are normally more than $25,000. lf a retum is required, it must be filed by the 15th day of the fif.tfi month after the end of the organization's annual accounting period. The law imposes a psnalty of $20 a day, up to a maxirnum of S10,000, when a retum is filed late, unless there is reasonable cause for the delay, All exempt organizations (unless specifically excluded) are liable for taxes under the Federal lnsurance Conffibutions Act (social security taxes) on remuneration of $100 or more paid to each emptoyee during a calendar year- Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUrA), Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizalions are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section '170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable pmvisions of sections 2055. 2106, and 2522 ot tho Code. 2 Laughing Horse Arts Foundation 91-12't1173 Your organizabon is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. lf your organization is subject to this tax, it must file an income tax retum on the Form 990-T, ExemptOrganization Business lncomeTax Retum, ln this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organizetion's annual return available for public inspection wlthout charge for three years after the due date of lhe refum. lf your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also rcquired to make available for public inspection a copy of the exemption applicatisn, any supporting documents and the exemption le$er to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and astual postage costs for the-copied materials. The law does not require you to provide copies of public inspeclion documents that are widely available, such as by posting them on the lntemat (Wortd Wde Web), You may be liable for a penalty of $20 a day for eadr day you do not make these documents available fior public inspec*irrn (up-to a rnaxirnum of $1l},000-i* the eass af an annual retr:nr|, Because this letter could help resolve any questions about your organization's exempt statris and foundation status, you should keep it with lhe organization's permanent records. lf you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt stiatus. Sincerbly, John E. Ricketts, Director, TE/GE Customer Account Servlces 925-7037 933-1 500 925-9844 933-1600 925-9800 962-6888 925-931 9 925-4734 933-1 500 9254244 962-9400 962-5585 Exhibil C Lodging Worksheet - 2019 Online survey Air B&B / Vacation homes z 2 4 Total - Short Term Vacation Rentals (STVR)4 Stayed - Friends / Relatives 12 KOA 31 31 62 Lodging Friday Saturday Totals Comfort lnn - Amanda *52 52 104 rays lnn 25 25 50 Econolodge 38 39 77 Hampton lnn - Christine 3 3 6 Red Lion lnn 15 30 45 uper I 40 40 80 Total H/M 352 Yakima River RV Park 0 0 0 Total Gamp/RV 62 Total Lodging 440 No Discrimination E&JRV Park 13 13 26 ilotel 6 full both davs 72 Holiday lnn Express 66 Lincoln Suites full both days 110 274 Exhibit Ar Tickets 20L9 Ticket Sales with recorded zipcodes Kiftias Gountv Out of Countv Totals Unknown U nrestricted Contribution Tickets 142 142 Ghamber Ticket Sales 43 43 5 ShowClix 284 383 667 23 Recorded during the Festival 48 42 90 374 Totals 517 425 942 442 55%45o/o 100o/o Comp Tickets Band Member Tickets 74 181 255 Jazz Camp Friday Night 14 94 108 Donated Tickets to non-profits 8 16 24 Sunday - Free Sponsored Concert 468 Volunteers 10+ hrs Totals 34 130 299 8 429 42 -30o/o 70o/o 100% -Total Tickets 647 724 1371 870 47%53o/o 100% Total tickets 2018 Festival 2241 Jazzin the Valley Festival Survey Results Of the surveys that reported resident locations: Kittitas County:43o/o Out of County 57% Exhibit A2 77To reported staying at least one night 59% reported two or more nights Jazzin the Valley On-Line Suruey Results Of the surveys that reported resident locations: Kittitas Co 38o/o Out of County 620/o Exhibit A3 Volunteer Hours - 2018 2021Volunteer Hours Board Members Board Meetings Committee Meetings lndividual Reponsibilites Festival Total Brunner Micah 16 30 54 8 108 Burke Amv 16 12 50 12 90 Smith Joel 10 0 0 36 46 Smith Marie 10 15 16 10 51 ;olberg Jov 12 6 240 '10 268 Solberg Don 20 30 110 30 190 Stanlev Laura 18 15 37 19 89 Swartz Tonv 25 30 100 35 190 Warren Linda 20 20 25 Wallen Norm 10 I 10 28 Estimated 2020 Hours with no Festival 157 165 617 1060 total prefestival hours 940 Music 50 Facitlities 50 y'olunteers 20 Promotions 15 135 Total Volunteer Hours I 195 Volunteer Hours - 2018 2019 Volunteer Hours Past Board Members Board Members Board Meetings Committee Meetinqs lndividual Reponsibilites Festival Total Beck Dan 6 2 27 35 Brotherton John 16 8 51 60 135 Brunner Micah 16 30 54 50 150 ,ruva Chris 8 20 60 10 98 Burke Amv 16 12 70 12 110 Fraser Rob 12 15 52 15 94 Korte Viroinia 16 30 160 206 Smith Joel 10 16 110 36 172 Smith Marie 10 8 100 10 128 Solbero Jov 12 6 240 10 268 Solberg Don 20 30 110 20 '180 olberg Ona 18 12 25 32 87 ,tanley Laura 18 28 37 19 102 Swartz Tonv 25 30 100 35 190 Wallen Norm 10 8 10 2A Wineqar Kori 16 30 100 146 Debbie 28 28 Svdnev 50 50 Sharoe Larry 20 12 32 2129 Committees lVlusic 203 Facitlities 121 Volunteers 200 Promotions 95 6't 9 Volunteer Hours - 2018 Projected Volunteers 2022: Based on the last 3 years of calculated hours, and the alterations in this years planned festival specifically designed to reduce dependence on a large board and many volunteers, we esfimate that similar will fall between 2019 and the limited 2021 Festivals Board Members Board Meetings Committee Meetinqs lndividual Reoonsibilites Festival Total Brunner nicah 16 30 54 20 120 Burke Amv 16 12 50 12 90 Smith Marie 10 10 16 10 46 rolberq Jov 12 6 200 10 228 Solberq Don 20 30 240 30 320 Stanley Laura 18 15 37 19 89 Tony 25 30 24A 35 330 Linda 20 20 20 25 85 Wallen Norm 10 B 10 20 48 1 356 Commiftees Music 200 Facitlities 100 Volunteers 150 Promotions 90 540 Total Volunteer Hours 1896 Exhibit "8" Guidelines and Requirements for Expenditure Reimbursements from Lodging Tax Section 1. Brandlne 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 Siles must include the County's and appropriate City's tourism website logo or URL with an operational link to the site(s). The URL landing page must use the correct logos and have a link to centralwashingtonoutdoor.com. Contractors must either keep the landing page active until time of reimbursement or use a screen capture for full reimbursement. (lf you are using a live logo as the link to CWO, please ensure the hyperlink is shown in the screen capture). 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 appea rance. B. Print Advertising and Online Display Advertising of all types (including but not limited to newspaper, periodicals, flyers, posters, billboards, direct mail, e-newsletters, third-party websites, streaming displays, social media etc.) must include the County's and appropriate City's tourism website logo (or URL with a one-click away operational hyperlink). The URL landing page must use the correct logos and have a link to centralwashingtonoutdoor.com. Contractors must either keep the landing page active until time of reimbursement or use a screen capture for full reimbursement. (lf you are using a live logo as the link to CWO, please ensure the hyperlink is shown in the screen capture). 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 Advertisinf, 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. Advertisins 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 AdvertisinR: 1' Print advertising placed with any media provider which operates exclusively outside of Kittitas County may be reimbursed al TOOo/o 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 1"0 days prior to the event may be reimbursed atL}oo/o 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, (2)(a) above, advertising reimbursement requests must include a statement from the media provider specifliing 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. Tel sron ising: 1'. Television advertising placed with any media provider outside the YakimalKittitas 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 att}O%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 Advertisine: 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 specifuing 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 LOO% of the cost, including any production cost, for each item mailed or shipped to a destination outside of Kittitas County. tn 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. FlveLslPosl_ers: 1. Flyers or posters which are placed outside of Kittitas County may be reimbursed aL LOO% of the cost, including any production cost. ln orderto 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 poste r/flyer must be provided along with other required documentation. 2. Banners which are placed inside of Kittitas County may be reimbursed at I00% 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) [. Radio-Adverlisine: t. Radio advertising placed with any media provider located outside of Kittitas County may be reimbursed at LOO% 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 ofthe event and up to 7 days prior to the event may be reimbursed at lOOo/o 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,Z(al above, advertising may be reimbursed at the rate of 30% of the total cost, including any production costs. G. Operation Reimbursement: L. operation costs may be reimbursed IOo% of the paid invoice cost. ln order to receive reimbursement operations invoice must an approved cost from the Consolidated Lodging Tax committee members list. lnvoice provided must include notation of payment with proof of payment. 2. Mileage reimbursements that are outside of 50 miles of Kittitas County may be reimbursed al 7O0% 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 S5,0OO.c. Licenses, permits, insurance, or credit card fees