HomeMy WebLinkAboutLT-2022-024 Junk-tiquen signed copyLT-20Ž2-024-JUNK-TIQUËN
2022 LODGINGTAX SERVICES AGREEMENT
BETWEEN ICITTITAS COUNTY AND IUni TictUEN IN THE BURG
This Contract,effective January 1,2022,is inade and entered into by and between -
KlTTITAS COUNTY ("County"),y subdÍylsion of the State of Washington,and JUNK-TIQUEN IN TEIE
BURG ("Contractor"),for the 2022 Junk-Tiquen in the Burg ("Event").
WHEREAS,the purpose of this Agreement is to provide for activities and expenditures
dësigried to increasë tourism,
NOW THEREFORE,ín 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 fot 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 ðtherwise s¢ecifically provided in this Agreentent,Cdntrattoi shall furnis.h the
follovving as required to perform the services,:described in Paragraph (a)above,in
accordance with this Agfeement:Personnel,labor and supervision;technical,professiotral
and other services.All such services,property and other items furnished or required to be
furnished,together wilth all other obligatioits performed,or required to be performed,by
Contractor under this Ägreement are collectiyely referred to herein as "Services '
c.Contractor shall commence,perform,and cornplete such services in accordance with
Exhibit "B"which is attached hereto arid incorporated herein by this reference.
Section 2.Payment.
a.As full cornpensation for satisfactory performance of the contractor's Services,the County
agrees to pay Contractor the suin of one thousand ninety four dollats and twenty five cents
($1,094.20 (Kittitas Co.lodging tax funding)
b.Additional payment terms:The County will make payment to the Contractor only on a
feimbursement basis,as téceipts/involcés for any items including marketirig and/ır
advertising are submitted to the County,not to exceed the sum of one thousand ninety four
dollars and.twenty five cents ($1,094.25)(Kittitas Co.lodging tax funding).
c.Serviëes/Expansesthatare reimbursed must be dated during the current year and final date
to submit reimbursements requests is Janpary 15,2023 after this date funds lapse.
d.Requests for reimbursemerits must be submitted to:
Kittitas County Auditor
Attn:Auditor's Accounting
2022 County Lodging Tax Funding Agreement Page 1
LT-2022-024-JUNK-TlQ.UEN
205 West 5*Ave -Suite 105
Ellensburg,WA 98926
auditorsaccounting@co.kittitas.wa.us
e.Reporting requitements of your events will be required on prescribed forms from the
County Auditor,
f.Contractor is eligible to claim réimbursement for the following itettis and amounts only:
•Radia Advertising
•Print Advertising
•Online AdverilsÏng
•TV Advertising
•Direct Mail
•Facility Rental
•Website
g.Contractor is not eligibÏe to cfaim reimbursement for any items not listed in $ection 2 (f)and
is further expressly denied funding for the following items as requested in the aµplication as
defined.in Section 1(a):N/A
h.Contractors Eequesting reimbursement for event-specific expenses.shall submit all claims as
no more than two reimbursernent requests with supporting documeritation.
I.Contractors must complete the Lodging Tak Reimbursement online trainirig course provided
by the County Auditor's office prior to filing reimbursement claim.Requests for
reimbursement will not be accepted by the Couritý Auditor prior to the training being
completed.The training may be:found online atthe Kittitas County Auditor's website at the
followirig address:httþ://www.co.kittitaa.wa.us/auditor/defaultasin
Section 3.Performance by Contractor,
a.Contractor shall not (by contract,operation of law or otherwise)delegate or subcontract
perfo(mance of any Services to any other person or entity wit;hout the prior written consent
of the County.Ariy such del gatiori or subcontractirig without the County's prior written
consent shall be voidable at the countý's option.
b.Coritiactor shall at all times be an fridependent contractor and not an ägent or represerita-
tive of the County with regard to perforrtiing the Services.Contractor shall not reptesent
thät it is,or hold itself out as,an agent or representative of the County.In rio event shaÍl
Contractor be authorized to ent:er into any Agreement or undertaking for or on behalf of the
Coanty-It is understood thét the contractor and the Contractor's staff and employees are
not employees of the County and are not,therefore,entitled to any benefits provided
erriployees of the County.
c.Contractor shall comply with all aþpilcable lews,ordinances,rules,regulatioris,orders,
licenses,permits,and other requirements,now or hereafter in effect,of any governmental
authority (iricluding,but not limited to,suth requirementi as may be imposed upon the
2022 County Lodging Tax Funding Agreement Page 2
LT-2022-024-JUNK-TIQUEN
County and applicable to Services).Contractor shall fufnish such documents as may be
required to effect or evidence such compliance.All lawis,ordirlances,rules,and oddets
required to be incorporated into agreements of this character are incorporated into this
Agreement by this reference.Contractor agrees to obtain all requíred licenses and permits,
and further agrees to keep them in full force and effect during the term of this Agreement,
d.The County and the Contractor agree that in fulfilling the terms and conditions of this
Agreement neither shall discriminate on the basis of race,creed,color,national origin,age,
sex,marital status,or the presence of a physical,sensory,or mental handicap.
e.The 5ervices shall af all times he subject to inspection by and apptoval of the County,but
the County's making (or failure or delay in makÏng)such inspection pr approval shall not
relieve Contraetor of its responsibility to perform the Services in accord with this
Agreemerit,notwithstanding the County's knowledge of defective or non-complying
performance,of the substantiality or ease of discovering the satrie.Contractor shall provide
the County ürith sufficient,safe,and proper facilities and equipment for such inspection.and
free accessto such facilities,
f.This contract is subject to revièv by any Eedetal or State auditor.Contrattor 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 aliplicable goverr nental 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 rnakes 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 Senlices or this Agreement.
g.Contráctor ariderstands and acknowledges that Contractor is solely respänsible for its own
reporting and accounting of all state,federal,social security,and local tages,of every nature,
arising ftam Contractor's performance of this Agreement.All compensation received by the
Contractor will be reported to the Intërnal Revenue Service at the end of the calendar year in
accord with the applicable IRS regulations.
Section 4.Release,Indemnity,and Hold Harmless.
The County assumes no liability for the contractofs actions under this Agreement Contractor
releases and shall defend,indemnify,and hold harmless the County,its officers and employees,
agents,representatives,attorneys and/or volunteers,from and against all claims;costs,liabilities,
damages,and expenses,(including,but not lírnited to,reasonable atiorney fees)which arise of
may arise or be alleged to arise out of or by reason of this Agreement including:
.Any fault,negligence,strict liabÍlity or product liability of contractor in corinection with the
Services for this Agreement;
•Any lien asserted upon any property of the County in.connection with the Services for this
Agreement;
•Any feilure of contractor,or of the Services,to comply with any applicable law,ordinance,
rule,regtilation,orden licertse,permit and other requirement,now or hereafter in effect,of
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any governinental authority;or
•Any breach of or default uñder this Agreement by Contractor.
Section 5.Compliance with Public Records Law.
a,In compliance with Washington's public records law,the County will retain copies of any
documents associated with this Agreetnent,which rnay be required by.law unless legally
exempt from such retention,for any applicable legally required retention period.
b.In the event a pubilc records request is made to the County for documents created in
relatidn to this Agreemerit,should legal uncertainty arise regarding the.disclosability of any
documents µnder federal or state public records laws,the County shall provide notice to
Contractdr pursaant to Washington's public records act,chapter 42.56 RCW,to allow
Contractor to seek a court injunction.
c.The County specifically shall not be liable to Contractor for the County's release under public
records laws of any documents not protected by trademark,copyright or other law.
Section 6.Industrial Insurance Waiver.
With respect:to performance of this Agreement and:as to any claims against the County,its Additional
Insureds,officérs,agents and employees,the Contrattor expressly waives its itnmunity under Titig 51
of the Revised Code of Washington,the Industrial lnsurance Act,for injuries to contractor's ernployees
and agrees that the obligations to indemnify,deferid and hold harmless provided in ibis Agreefnent
extend to any claim brought by or on behalf of any employee of the contractor.This waiver is
mutùally negotiated by the partiesto this Agreement.
Section 7.insurance and Endorsements.
a.The County may require through a request in writing that the Contractor provide the County
w/ith a cettificate;binder,of policy of liability insurance,acceptable to the Courity iii 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
¢erformance of the Services or this Agreement,whether such perforrriance is by Cotitractor
or any of its employees,agents or representatives.
c.Šhould the County require such liabiÏity insurance;the Contractor agrees to proyicle proof of
insurance prior to comtnencing perforrnancé of this Agreement.
d.Coples ofthe County's written request and the insurance documents provided by Contractor
shall be attached to this Agreement and by this reference will he made part hereof.
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LT-2022-024-JUNK-TIQUEN
e.Where insurance is requested by the County,all liability insurance pólicies shall be enddtsed
to inflode the County as an Additional Ínsured and shall stípu ate that the insurance
afforded by the policies shall be primary insurance,and that any irisurance,self-insured
retention,deductibles,or risk retention trusts maintained or participated in by the Parties
shall be excess and not contributory to any other insurance maintained by the County.
Contractor.shgil fyrnish the County a certificate of insurance with Endorsement as evidence
that the required policies ate 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 Servioes riot yet performed,whetlier or not Contractor is in breach or default,Upon
receivingguch notice of termination,Contractor shall,except as otherwise directed by the County,
immediately stop performing the Services to the extent specified in the notice,In the event the
County iterminates the Contractor's Services;the Contractor is obligated and hereby agrees to
refund to the Courity all monies paid for Services not yet rendered by the Contractor,if any,as of
the date of the notice of terminatiory
Section 9.Miscellaneous,
a.Contractor shall not {by coritract,operätion of law or otherwise)assign this Agreement or
any right or interest in this Agreement withotit the County's.prior written consent,
b.This Agreement:embodies the entire Agreement between the County and Contractor,and
supersedes any aYid all prior oral or written communications,proposals,conditions,promises,
representations,or understandings regarding the Services.No change,amendment or
modifîcation of any provîtion 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 £britrrlišsionere and the Kittitas county Auditor,205 W.
5*Ave.Ste.108,Ellensburg,WA 9892§.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:5.Mail,first class;
postaige prepaid,certified mail,retùrn 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 weÏght in interpreting or construing the
provisioris of such sëctions or paragraphs.
e.This Agreement niay be executed in one or more coutiterparts arid by facsimile,each of
which will be deemed an original,butall of which together will constitute one and the sarne
instrument.
f.Coritractor warrants to the County that the individual signÏng on Contractor's behalf has the
requisite power arid authority to entet into and to perform Contractor's obligations under
2022 County Lodging Tax Funding Agreernent Page 5
LTL2022-024-JUNK-T1CLUEN
this Agreement.Contractor further warrarits to the County that Contractor has made noniisrepresentationormisleadingstatementiinconnectionwiththisAgreement,and is not inviolationofanyapplicablelaw,ordinance,or regulation the consequence of whicli will or
may máterially affect Contfactor's ability to perform its obligations Linder this Agreement.
g.If any terrn or cóndition of this Agreemerit or the application thereof to any person(s)or
circumstances is held invalla,such invalidity shall not affect the other terins,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 severa ble.
h.The exclusive venue for any action brought to:eriforce this Agreement of any of its terms
shall be in Kittitas County,State of Washington.
i.The performance of this Agreemerit is subject to terniination without liability by either þarty
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
Governmerit 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 i·adius of Kittitas County,goyernment regulations,disaster,
pandemic/epidemic illness,sthkes or threat of strikes:[except that neither party may
terminate this Agreement for situations.involving that party's own employees),civil
disorder,or curtailment of transportation facilities-to the extent that such circumstance
makes it illegal ,impossible or economically impracticable for the parties to complete the
duties and mutual obligations agreed upon and imposed upon them herein.The ábility to
terminate this Agreement without liability pursuant to this paragraph is conditioned upon
deliyery of written notice from one party to the.other withirt10 days of such occurrerice or
upon deliverÿ 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 fëasible wiithin the
constraints iniposed by any.event of the type described above,the parties agree that if the
triggering event is of aþparently or \Íkely transitory effect,the parties may riegotiate such
amendments to the agreemerit that are mutually satisfactory and not otherwise contrary to
law,including but not limited to a change in the dates for completíon of any portion or the
entirety of this agreement
2022 County Lodging Tax Funding Agreement Page 6
LT-2022-024-JUNK-TIQUEN
KITTITASCOUNTY
.BOA OF COUNTY COMMISSIONERS CONTRACTOR
ada chair [Print Name]
C Vice
.-·-
Brett a smith,commissioner (Address]
[Telephone]
Date
Clerk ote Bo rd
APPROVED AS TO FORM:
Deputy Prosecuting Attorney
2022 County Lodging Tax Funding Agreement Page 7
CLTAC:Application for Lodging Tax Grant Funding
Grant Appildation M:Use;
Workshop -2021 Ye
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Organizatioil Information
Name of Orgariizalion*Junk-tiquen m the Berg.
Orgabization Address?:>
2630 S Thorp Hwy
Ejlensberg Washingjen
98926 UnËted States
Òrganization Ïs a:**Business
Non-Profit
(Note.Please sifortid W-9 for businuss or lR$Designation Lener for non-proíst)
Ofick beı ta vient sample documents tredacted
Upload Proof of Proo of orgañœation.pdf 160.85KB
OrganizationStatus a::s;:.so a:::f ,e
Project Contact Infonnaden
FirstName Becky
Last Name SÑedey
Phone Number*609-899 76à?
Emai!*Ïunk-tiqueníniheburg@hotmaŒtom
Pfoject or Event Information
Project/Event Name*Jtms:quen in the Burg