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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 2022 County Lodging Tax Fúnding Agreentent Page 3 LT-2022-024-JUNK-TIQUEN 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. 2022 County Lodging Tax Funding Agreement Page 4 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 No Submittal Instructions yet &General ;:::s Ínformation You.are strongly eticouraged to 00 pos¢yope resppnses to the qq stions of th s form With a deskfap text.etti.tor. and save yourwork,then<apy and as e foe inforomtioninto the jgsmMo nyy.afsq save a dtatt py se cling the initfon at the bottom Ofútis page.Wheff yce do this you wilfhe logged out and us log back in m candnue,in 0:pt to save a drak you wtif need to.provide an ëma!I nddien and apósútordÀiler compielbig the save draft you will be lednected to landing.page cantpining a linif te.leg baëkinta.thefone We:suggest you eayetnis Ilnk as a boekmark The link will also be sentfo.you in an email.For ycer corivedience we have provided a word document version of fhe questions.Downipatf it here, 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