Loading...
HomeMy WebLinkAboutRES-2023-147BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2023_ t)J'+ A RESOLUTION AUTHORIZING EXECUTION OF INTERNAL CONTRACTS FOR AWARD OF LTAC FUNDING WHEREAS: The county may use funds from the Lodging Tax for tourism to support internal operations; and WHEREAS: the Kittitas County Event Center has made an application for such funds; and WHEREAS: the Board of County Commissioner finds the award of such funds to both be allowed by law and in the public's best interest. NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners is authorized to execute internal contracts with the Kittitas County Event Center Department for operations in2023. DATED this of the Stlt auy ot k$b ' ,2023,a1Ellensburg, washington. BOARD OF UNTY COMMISSIONERS , WASHINGTON ABSENT Commissioner *.1 2t!\ LT-2023-001-KVEC-l nternal Operations-2023 2023 OPERATIONAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY EVENT CENTER This Contract, effective January !, 2024, is made and entered into by and between - KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNry EVENT CENTER ("Contractor"), for the 2023 Operational Year (Event). WHEREAS, the purpose of this Agreement is to provide for activities and expenditures designed to increase tourism, NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Contractor mutually agree as follows: Section 1. Scope of Work. a. Contractor shall provide the services and staff described in its Application for Lodging Tax Funds submitted to the Lodging Tax Advisory Committee, attached hereto as Exhibit '4" which is attached hereto and incorporated herein by this reference. a. Except as otherwise specifically provided in this Agreement, Contractor shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Contractor under this Agreement are collectively referred to herein as "Services." Section 2. Pavment t. As full compensation for satisfactory performance of the Contractor's Services, the County agrees to pay Contractor the sum of: a. 5200,00.00 (two-hundred thousand dollars) for labor costs (Kittitas Co. lodging tax funding). b. S6,500 (six-thousand five-hundred dollars) for the fair/rodeo bus costs (Kittitas Co. lodging tax funding). c. Additional payment terms: The County will make payment to the Contractor in a lump sum manner such that Contractor can purchase the items and services described in Exhibit "A." Section 3. Performance bv Contractor a. Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Contractor shall comply with alt applicable laws, ordinances, rules, regulations, orders, t,Cou nty Lodg i n g To x Ag ree m e nt- lnte rnal Page 7 LT-2023-001-KVEC-lnterna I Operations-2023 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. c. The County and the Contractor agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, orthe presence of a physical, sensory, or mental handicap. d. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Contractor of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Contractor shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. e. This contract is subject to review by any Federal or State auditor. Contractor shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Contractor shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (5) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Contractor shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Contractor's books, documents, papers and records related to the Services or this Agreement. Section 4- Comnliance Public Records Law. a ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. ln the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Contractor pursuant to Washington's public records act, chapter 42.56 RCW, to allow Contractor to seek a court injunction. c. The County specifically shall not be liable to Contractor for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 5. Termination _2023 County Lodging Tox Agreement-lnternal Page 2 LT-2023-001-KVEC-l nternal Operations-2023 The County may, by written notice thereof to Contractor, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Contractor is in breach or default. Upon receiving such notice of termination, Contractor shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln the event the County terminates the Contractor's Services, the Contractor is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Contractor, if any, as of the date of the notice of termination. Section 6. Miscellaneous a. Contractor shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Contractor to the Kittitas County Commissioners and the Kittitas County Auditor, 205 W. 5th Ave. Ste. 108, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Contractor shall be given to the Contractor's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together willconstitute one and the same instru ment. f. Contractor warrants to the County that the individual signing on Contractor's behalf has the requisite power and authority to enter into and to perform Contractor's obligations under this Agreement. Contractor further warrants to the County that Contractor has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. g. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms t2 Cou nty Lod g i n g Tax Ag re e ment-l nte rnal Page 3 LT-2023-001-KVEC-l nterna I Operations-2023 shall be in Kittitas County, State of Washington KITTITAS COUNTY BOARD OF COUNTY Vice tr ABSENT MISSIONERS CONTRACTOR Qot L 1+4 Al<- Commissioner [Address] [Telephone] o erk of the Board TO FORM Deputy Prosecuting Attorney col A ry sqfild _2023 County Lodging Tax Agreement-lnternal Poge 4 Lodging Tax for Tourism-Related, small-scale Municipality-owned capital projects and Operations Submission Deadline: June t, Z0z?at 4pm (Thursdayl Kittitas County Commissioners 205 W Sth Avenue, Suite 10g, Ellensburg, WA 9g926 509-962-7508 fFucHyED i; lrlAy lS ?.fi?.S 'oo^f StffflH!,K,*, t lodging Tax for Tourism-Related, small-scale Municipality- Owned Capital Projects and Operations General lnformation Kittitas County imposes a lodging tax assessed on the sale or charge made for furnishings of lodging according to RCW 67.28.1,80 and RCW 67.28.I8I. tn accordance with the tax and Washington State law, a Lodging Tax Advisory Committee has also been established. The committee's purpose is to advise and recommend to the Board of County Commissioners how excise taxes on lodging should be allocated to support tourism which in turn generates revenue. Uses According tg Larp: RCW 67.28.18L6 states the following Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitor bureau or destination marketing organization for: ...(c) Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality... I. Tourism means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. 2" Tourism promotion means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing or the operation of special events and festivals designated to attract tourists. 3' Tourism-related facility means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a) (i) owned by a public entity; (ii)owned by a nonprofit organization described under section 501 (c) (3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501 (c) (6) of the federal internal revenue code of 1986, as amended; a business organization, destination marketing organizations, maln street organization, lodging association, or chamber of commerce; and (b) used to support tourism, performing arts, or to accommodate tourist activities. 2 Review Process: Kittitas County's Lodging Tax Advisory Committee (LTAClwill review all complete applications. Qualifying applicants will be provided the opportunity to present their projects to the LTAC and answer questions. Capital project applications will be scored based on the information provided by the applicant, ranked, and funding recommendations with supporting information will be submitted to the Kittitas County Board of Commissioners. The ranking will determine, generally, the order in which the applications will be considered for funding from the highest beingconsideredfirsttothelowestreceivingthelastconsideration. However,all municipalities which submit at least one qualifying application in a given year must receive funding consideration before a second application from a municipality which has been recommended for a funding award is considered. The Board of County Commissioners (BOCC) has final approval authority for the list of recommendations. Prior to making a final decision, the BOCC will publicly deliberate on the recommendations received from the LTAC. Applicants may also be requested to present their projects to the BOCC and answer questions. Scoring sheets utilized by the LTAC to rank applications for capital projects are included in this packet for your reference and information. Applications which do not receive a minimum score of at least 75 points, do not provide at least 10% matching funds, or do not follow the submission instructions will not be considered for funding. Application Definitions: Below is a list of terms and phrases which have a specific meaning within this application. lt may be helpful for you to review these as you prepare responses so that a better understanding of the reviewer's expectations may be obtained. Capital Asset is any type of property that has a useful life longer than one year and is valued at over $5,000.00. Construction or "Hard" Costs are the direct contractor costs for labor, material, equipment and services; contractor's overhead and profit, and other direct construction costs. These costs do not include the compensation paid to architects, engineers, or consultants, the cost of land, right-of-ways, or other similar costs. Matching Funds is the amount of funding your organizations has secured and is contributing to the project. This includes both direct and indirect support. Direct funds can be in the form of cash funding from your organization or funding secured elsewhere but dedicated to the project such as other grants, loans, donations, etc. lndirect funding support includes in-kind support like labor, volunteer support, supplies, and services which directly relate to the project or event, including those supplied by your organization and others. Municipality is an incorporated city, county, or town, 3 Real Property is fixed property, principally land and buildings. Small Scale capital projects are defined as those which request funding support at or less than S50,o00. soft costs are cost items in addition to the direct construction cost. These generally include architectural and engineering, permits and fees, financing fees, construction interest and operating expenses, leasing and real estate commissions, advertising and promotion, and supervision. Tourist is a person traveling for business or pleasure on a trip: A. Away from their place of residence or business and staying overnight in paid accommodations; B. To a place fifty miles or more one way from their place of residence or business for the day or staying overnight; or C' From another country or state outside of their place of residence or their business. 4 SUBMI*AL INSTRUCTIONS Please return ONE COPY of the entire original application and answers to narrative questions to Kittitas Cou nty Com missioners Attn: Lodging Tax Grant Application 205 West 5th, Suite 108, Ellensburg, WA 98926 Applications must be received Ro later than-4:00 PM Thgrsdav. June 1. ?023 in person at the (ittitas countv Eoard of commissisners office ot postmark"d no later than June 1. l0?3. lncomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission Schedule: . Application deadline r Oral presentations of proposals to LTACI BOCC Deliberation and Decision r Rpplicant Award Notification and fund availability Pfoiect ManaFement: Successful applicants may be required, as a condition of the funding award, to enter into a contract. The agreement may include, but not be limited to, the specific amount of the award and what it may be used for, all reporting requirements associated with this funding, payment terms, and any and all other a ppropriate terms of the funding. Kittitas County will be the contracting agent for all approved projects. All funds awarded under this program will be available in the form of reimbursable grants. The funds for capital projects will be available for reimbursement as of the date of the contract and for 24 (twenty- four) months (or two years) thereafter. Capital projects must be completed within the two-year period. All funds awarded for supporting the operations of county-owned tourism-related facilities will be available for reimbursement as of the date of the award and for up to 12 (twelve) months (1 year) thereafter. Any unexpended funds will be returned to the Lodging Tax account and made available for re-appropriation. All requests for reimbursement shall be made to the Kittitas County Auditor,s office at the following address: Kittitas County Auditor Attn: LodgingTax Grant Funds Reimbursement 205 W 5th, Suite 105 Ellensburg, WA 98926 For specific information and requirements regarding the reimbursement process, please contact the Auditor's office at 509-962-7504. 617/2023 6h4/2023 7ls/2023 8/3/2023 (Tentative) 5 Proiect Rgporting Reoulrements for Tourirm.Rglated Facilities: State law requires that all recipients of Lodging Tax revenues must submit a report to the municipality describing the actual number of people traveling for business or pleasure on a trip:A. Away from their place of residence or business and staying overnight in paid accommodations;B. To a place fifty miles or more one way from their place of residence or business for the day or staying overnight; or C- From another country or state outside oftheir place of residence or their business. A report form will be provided as part of the contract for receiving funds. we ask that you provide this information within 60 days after your project is complete. Apoli$nt Cateqories qnd tlistbitity.: Grants from lodging tax funds are provided for two types of applicants, capital projects and county Operations. No more than one capital project is allowed per application. An organization may submit no more than three capital project applications per funding cycle. The categories are defined as follows: The Capital Project category is for applications from municipalities or public facilities districts requesting support for capital expenditures of tourism-related facilities owned or operated by the municipality for public facilities district. lf applying for funding under the capital project category, an applicant need only answer the questions listed under the Capital Budget Narrative and provide the Gapital proJect Budget as well as include necessary attachments. The Operations category is for applications from municipalities requesting support for the operations of tourism-related facilities owned or operated by the municipality. lf applying for funding under the operations category, an applicant need only answer the questions listed under the Operational Funding Narrative. Other lnformation: lnsurance: As part of its contract for performance, a municipality may require contractors to maintain liability insurance in the amount of 51,000,000 or more and name the municipality as an additional insured on its liability insurance policy. Application Form: This packet will be available on Kittitas County's website as a word document and as a pdf' lt can also be obtained directly as a hard copy or in digital format by contacting the Kittitas County Board of Commissioners office at 509-962-7508. Kittitas County's website address is: www.co. kittitas.wa. us. 6 Applicant lnformation - Casitat proiecr One or Both) Name of Municipality:Kittitas Valley Event Center Mailing Address 901 E 7th Ave, Suite 1 Ellensburg, WA 98926 Contact person and Title: Kady Porterfietd, CFE - Evenl Center Director Phone 509-962-7675 Email kady.porterfield@co. kittitas.wa. us Project Title Staffing and 'l00th Year Bus Partnership Project Location:KVEC Funding Request $206,500 Application Requirements x L. The project qualifies for lodging tax funds as a capital expenditure of a tourism- related facility owned or operated by a municipality or is supporting the operations of tourism-related facilities owned or operated by a municipality. x 2. The municipality has submitted no more than three applications for capital project funding in the current year. of the project and endorsed it (not required for Kittitas County). A letter from the municipality is included. x 4. Lodging tax capital project funds are not being substituted for other funds that are already secured or applied for (if applicable). x 5. Municipality has secured matching funds of at least LO% of the total project costs. NA 6. A completed project budget is included in the application (if applicable). 7 Operations NA 7- A detailed 8%X 11 vicinity map that clearly shows the project is included (if applicable). Tourism-Related, Small-Scale Municipality-Owned Capital project Narrative 1. Project Description: Please describethe project in detail. tndicatethe majorworkto be completed, any milestones that need to be overcome in order for the project to move forward, and include a comparison of existing and proposed conditions. 2. Kittitas County Tourism lnfrastructure Plan: Please explain how the project meets the goals and priorities in the Kittitas County Tourism lnfrastructure plan as adopted. Also, describe the specific county tourism infrastructure needs the project addresses and how the project directly increases tourism' Explain how the improvements will promote tourism in Kittitas County and indicate specifically how the improvements will directly increase economic activity resulting from tourists (see the definition of tourist on page 3 of this application). 3. Use of Grant Funds: Please explain exactly how the requested funds will be used. lnclude an itemized list. 4. Real Property: lf real property acquisition is a component of the project, please explain. lnclude any information of property already secured or evidence of the ability to secure the real property. 5. CapitalAssets: lfcapitalassetacquisitionisacomponentoftheproject,pleaseexplain. lnclude any bids solicited and received from potential vendors willing to supply the asset. A// capital asset purchoses require at leastthree bids. lf you have already selected one of the bids, please provide justifications in writing. 6' Coordination: Pleaseexplainhowthisprojecthasbeencoordinatedwithotherjurisdictions as wellas affected stakeholders. Please include letters of support from stakeholders. 7' Studies: Please attach any feasibility or other studies that demonstrate linkages between the proposed project and the anticipated tourism impacts. Also please include your operations/maintenance funding strategy and business plan for long-term project sustainability (how the facility or facilities will be operated and maintained for at least threeyears following completion). 8' Project Readiness: Please provide a detailed project schedule, including milestones necessary for completion as mentioned in question 1 above. On the schedule, indicate items completed and exactly where in the schedule the project is at this time. Be sure to include expected completion date. 9. Applicant Certification: Please sign below in agreement with statement of certification. Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of application. 8 NA Signature of Official Representative Title Date Tourism-Related, Small-Scale Municipality-Owned Capital project Budget All applicants for capital project funding must supply a detailed and complete project budget utilizing the following basic format: Funding Sources Lodging Tax Funds Request *Other Grant Funds List By Source (indicate if secured or applied)*Other Local Government Funds List By Source *Private Funds List By Source (may include in-kind) Total Available Funding Project Expenses Real Property or "Right-of-Way" Acquisition Cost CapitalAsset Cost Construction Cost or "Hard" Cost lnclude an itemized list of general costs For example: asset type and cost, site prep, building foundation and structure, mechanical work, finish work, site restoration, electrical work, technology, etc. Soft Cost lnclude an itemized list of soft costs For example: design fees, construction management fees, survey costs, engineering fees, permitting costs, special inspections, cultural resource surveys, etc. Total Project Costs *Verifying documentation must be provided and attached to this budget. This documentation may include award letters, letters of commitment, or loan approval documentation. you must include this in order to meet the matching funds requirement. lf the funding source includes applicant funds, proof of available funding in the form of a letter of commitment from an authorized body or representative of the applicant is adequate. I Tourism-Related Facility operational Funding Narrative (Municipality Applications Onlyf 1. Operational Spending: Please explain your request for operational funding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district. 2' Sustainability Strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal. 3. Applicant Certification: Please sign below in agreement with statement of certification Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I further certify that the application thresholds are met at the time of a pplication tlur" 5.rilXZ sig of al tative Title Date (Please see attached for answers) 10 Tourism-Related Facility operational Funding Narrative (Municipality Applications Only| For the Year: 2023 1. Operational Spending: Please explain your request for operational funding and how it is directly related to supporting the operations of a tourism-related facility owned or operated by a municipality or public facilities district. The Kittitas Valley Event Center is requesting operationalfunding in the sum of $200,000 for part of its labor cost that continue to support facility maintelnance as well as serve the functionality of the operations including providing expected services directly to customers who rent the facilities and visit Kittitas county. KVEC management realizes the importance of the proper attention, upkeep, and maintenance that this large and diverse facility needs, as wellas providing excellent customer service and support. Our 2023 event season has been well under way w1h several customers and events returning again for the first time since the pandemic shutdown. 100 years ago, the Kittitas County Fair moved permanently to where it is today and we take great pride in the 100th anniversary of our grounds. lt's also the 100ih anniversary of the Ellensburg Rodeo, which our facility plays i key role in hosting the World-Famous event each year. With the 100th year celebrations bring an extra level of excitement and planning. This year, the Rodeo Board has proposed hiring two tour buses to complete routes from all the hotels to the Fair and Rodeo to help alleviate parking congestion with more attendees expected due to the anniversary. The Kittitas County Fair would very much love to partner with the Ellensburg Rodeo and the Chamber of Commerce on these buses as it will be very beneficial to the events and our attendees. The cost we are requesting is a total sum of $6,b00 that we will pay to the Ellensburg Rodeo for our share in the bus partnership. This funding addition is a special request only for 2022. 2. Sustainability Strategy: Please describe your strategy for long-term operational sustainability. lnclude any specific progress toward this goal, With current staff structure, direction, and processes, KVEC can better meet the expectations and demand of events held on the grounds as well as continue to bring in new business. Our 4th of July celebration, called Patriot Night Under the Lights, featirres a top-notch country music concert and is growing each year, becoming anlstablished Ellensburg event. Last year, we saw a 14% growth in attendance. Hosting events like these increases the economic impact on our community by bringing in more visitors and generating tourism. New event holders continue to inquire about booking at KVEG due to the improvements they've witnessed as event attendees or by word of mouth. We are excited to that we have CWU Horse Shows, a brand-new Car and Motorcycle Show, as well as a professional woodsman competition that are all new on the books over the last year. People widely value Ellensburg as they love the centralized location in Kittitas County and are excited to look in to working with us.