SANI MIGUEL COUNTY LODGING TAXI PANEL Thursday, March 19, 2020, at1 pm 333 West Colorado, Second Floor Meeting Room  AGENDA Telluride, Colorado  REGULAR MEETING 1:00 pm. 1. Callt to order. 2. Review of Agenda.  3. Approval of Minutes for December 12, 2019, meeting 4. Report from Telluride Tourism - Michael Martelon  5. Review of the updated 3rd Quarter 2019 Lodging Tax Report and review of the 4th Quarter 6. Consideration of the revised 20201 Norwood Chamber of Commerce Tourism Promotion Agreement for the R-2J School District and distribution of County Lodging Taxi funds.  2019 Lodging Tax Report.  a. Are there still concerns with the R-2jt tax area paying their required lodging taxes?  7. Other Business 8. Adjournment Distribution: Commissioner- L Lance Waring Keith Hampton Frank Ruggeri John Amold  Consideration of a meeting date for December 2020  Please call Carmen Warfield 970-728-3844 ify you are unable to attend this meeting.  Telluride Tourism Board Norwood Chamber of Commerce Planet/Norwood Post KOTO    SAN MIGUEL COUNTY LODGING TAX PANEL  REGULAR MEETING MINUTES Thursday, December 12, 2019 Telluride, Colorado  Wilkinson Public Library, First Floor Meeting Room  Present:  Keith Hampton, Chair Frank Ruggeri, Vice Chair John Arnold, Member  Staff Present: Carmen Warfield-Secretary 1. Callt to Order 12:31 p.m. Review oft the Agenda  2.  3. Approval of thel Minutes for March 19, 2019, meeting.  MOTION by Arnold to approve the minutes for the March 19,2019, meeting. SECONDED by  Ruggeri. MOTION PASSED 3-0.  4. Review oft the 1s, 2nd, and 3rd Quarter 20191 Lodging Tax Report. 5. Review and Approval oft the: 2020 Norwood Chamber of Commerce Budget. Present: Carrie Andrew, Norwood Chamber of Commerce MOTION by Ruggerit to approve the 2020 Norwood Chamber of Commerce Budget as presented. SECONDED by Arnold. MOTION PASSED 3-0. 6. Discussion regarding an R-21 Lodging Tax Audit.  Note: It was discussed having Lance Waring, County Commissioner; Ramona Rummel, County Finance Manager and Carrie Andrew, Norwood Chamber of Commerce, to schedulea meeting inF February of 2020, The discussion willl look at options of making sure all lodging in the R-2area are paying intot the required lodgingt taxes. This item is scheduled to be  discussed at the meetingi in March 2020.  7. Reportfrom Telluride Tourism/Marketing Telluride, Inc. Present: Michael Martelon, Marketing Telluride  8. Other Business.  Consideration ofa a meeting date for March 2020.  Note: Ther next meetingi is scheduled for Tuesday, March 25, 2020, in the Miramonte Room,  333) W. Colorado Ave, 2nd floor, Telluride.  9. Adjournment. 1:40 p.m. Respectfully Submitted, Carmen Warfield Approved:  SAN MIGUEL COUNTY LODGING TAXI PANEL  Keith Hampton, Chair    SAN MIGUEL COUNTY LODGING TAX REPORT  R2& Dolores County School  %+) without prior 27.42% 38.23% -5.27%  Total Prior Period Qtr Collections Adjustments $271,302.54 $ 239.00 $121,639.70 $ 14,006.43 $241,572.73 $ 220.00  period adjs R1 School Dist Districts  2018 2017 $212,724.28 $196,848.79 $18 $77,863.87 $125,249.02 $102, $254,767.30 $181,635.22 $187,233 $134,447.05 $134,355.87  2016  1st 2nd 3rd 4th  269,955.42 $ 1,347.12 119,411.37 238,721.60  2,228.33 2,851.13  TOTAL $634,514.97  14,465.43  $ 628,088.39  6,426.58 $679.802.50 $638.088.90 $55  Year-to-date is up 13.70% from the same period in 2018  $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00  SMC LODGING TAX  2019 --2018 2017 -2016 -2015 *-2014  1st Quarter 2nd Quarter 3rd Quarter 4th Quarter  11    SAN MIGUEL COUNTY LODGING TAX REPORT  R2& Dolores County School 1,347.12  %+() without prior 27.42% 38.23% -3.33%:  Total Prior Period Qtr Collections Adjustments $271,302.54 $ 239.00 $121,639.70 $ 14,006.43 $341,292.35  period adjs R1 School Dist Districts  2018 2017 2016 $212,724.28 $196,848.79 $181, $77,863.87 $125,249.02 $102, $254,767.30 $181,635.22 $187 $134,447.05 $134,355.87 $82,13  1st 2nd 3rd 4th  269,955.42 119,411.37 $ 2,228.33 338,100.25  95,015.95  3,192.10  TOTAL $734,234.59 $ 109,261.38  $ 727,467.04  6,767.55 $679.802.50 $638.088.90 $55  Year-to-date is up 14.60% from the same period in 2018  $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00  SMC LODGING1 TAX  2019 -+-2018 2017 2016 -2015 -*-2014  Adjusted 34 guouter TAR Rpert  1st Quarter 2nd Quarter 3rd Quarter 4th Quarter  12/19/2019    SAN MIGUEL COUNTY LODGING TAX REPORT  R2& Dolores County School  %+) without prior 27.42% 38.23% -2.41% -11.62%  Total Prior Period Qtr Collections Adjustments $271,302.54 $ 239.00 $121,639.70 $ 14,006.43 $347,558.10  period adjs R1School Dist Districts  2018 2017 201 $212,724.28 $196,848.79 $181, $77,863.87 $125,249.02 $102, $254,767.30 $181,635.22 $187, $134,447.05 $134,355.87 $679.802.50 $638.088.90 $55  1st 2nd 3rd 4th  269,955.42 $ 1,347.12 119,411.37 344,314.47 123,147.88 856,829.14  2,228.33 3,243.63 2,463.25 9,282.33  98,919.96  $125,611.13 9 6,792.07 TOTAL $866,111.47 $ 119,957.46  Year-to-date is up 9.76% from the same period in 2018  $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00  SMC LODGING TAX- Based onl Total Collections  2019 --2018 2017 -2016 *-2015 *2014  1st Quarter 2nd Quarter 3rd Quarter 4th Quarter    2020  SANI MIGUEL COUNTY- SAN MIGUEL COUNTY LODGING TAXPANEL- NORWOOD CHAMBER OF COMMERCE OF WRIGHTS MESA TOURISM PROMOTION AGREEMENT FOR THE R-2J SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 19th day of March, 2020 by and between the BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY, COLORADO, hereinafter referred to as the "County," the SAN MIGUEL COUNTY LODGING TAX PANEL, hereinafter referred to as the "Panel," and the NORWOOD CHAMBER OF COMMERCE OF WRIGHTS MESA, a Colorado non-profit corporation, at P.O. Box 116 Norwood, Colorado 81423, hereinafter referred  toas' "NCC."  WHEREAS, "NCC" has been formed as an established and proven consolidated marketing entity for advertising and promotion of tourism; and  WHEREAS, the County imposes and collects a lodging tax within the County limits pursuant to C.R.S. S 30-11-107.5, with such tax revenues being specifically designated for advertising and marketing tourism, as provided by C.R.S. S 30-11-107.5 (4), which purposes are generally consistent with the goals and objectives of NCC; and WHEREAS, C.R.S. $ 30-11-107.5(4) (b) requires the formation of a citizens panel to administer the tourism fund, and encourages the panel to use an established WHEREAS, the San Miguel County Lodging Tax Panel has been duly appointed WHEREAS, iti is the mutual desire of the Parties to set forth their understanding and agreement with regard to the funding of NCC's activities by San Miguel County with NOW, THEREFORE, in consideration of the Mutual covenants, conditions, 1. Annual Submission of Goals and Objectives and Annual Budgetary  and proven marketing entity such as NCC; and  byt the Board of County Commissioners of San Miguel County; and respect to the expenditure of lodging tax funds on an annual basis. and agreements herein contained, the Parties agree:  Request  a. NCC's Board of Directors shall submit to the San Miguel County Lodging Tax Panel an enumeration of its goals and objectives for each fiscal year, together with a proposed annual budget request pertaining to the potential distribution to and expenditure by NCC of revenues derived from San Miguel County lodging taxes collected pursuant to C.R.S. S 30-11-107.5. For the purposes of this Agreement, the fiscal year for the County funding purposes shall be considered co-extensive with the budget year for NCC, commencing January 1 of each year in which such agreement is in effect and terminating on December 31 ofthe  same year.    b. The itemization of goals and objectives shall be sufficiently specific to justify the expenditure oft thef funds requested as reflected es specifically int thel budgetary requests submitted by NCCt to the Panel on an annual basis. The Panel shall review and consider said budgetary request and shall make a recommendation to the County Commissioners. NCC shall submit the proposed goals and. objectives and annual budget no later than December 31sto oft they year preceding the yearf for C. After receipt of the budgetary request and the itemization goals and objectives the Panel shall recommend to the Board of County Commissioners of San Miguel County, approval or disapproval, in whole ori inj part the budgetary request for funding for the ensuing fiscal year. In the event that the Panel shall fail to take any action on a recommendation, then the annual funding disbursement shall be deemed approved by thel Panel and this annual agreement forwarded tot the Board of County Commissioners for review and approval.  which funds are requested.  2. Annual Review and Analysis of Prior Year's Operations  At the time it submits its annual statement of goals and objectives and budgetary request, NCCI shall submit to the Panel a report of its activities and accomplishments during the previous twelve-month period prior to submission detailing specifically how the revenue received from the Lodging Tax Fund were Int the eventt that the Panel finds NCC programs funded byt the County Lodging Tax revenue tor noth be in alignment with the marketing goals oft the program or any other breach or default of any contract terms herein, that finding shall be in the form ofa Resolution, which shall be reviewed for adoption, modification, or rejection by the Board of County Commissioners. The Panel; before adopting such a finding, shall give prior written noticet tol NCC whor may respond to anyf findings of the! Panel. After the Panel's adoption ofs such findings, NCC shall be given a reasonable opportunity to cure their default. The Board of County Commissioners, at their option or at NCC's option, may review the Panel's findings after prior notice to the Panel. After NCC's opportunity to appear and comment, in the absence ofa cure of default and appropriate action by NCC, this Contract shalll bei terminated per Paragraph 6below.  expended.  3. Budgetary! Limitations  Notwithstanding: the potential authorization that may be obtained pursuant to the terms of Paragraph 1 above, actual funding by the County during any budget year shall be limited to the amount appropriated, which is the actual amount of lodging tax revenues collected during the fiscal year from within the Norwood R-2 School District, less the stated Colorado Department of Revenue administrative expense. Funding under this Contract shall not exceed actual net lodging tax revenues received for any fiscal year during the period oft this Agreement. No funds from the County Lodging Tax Tourism Fund shall be expended for capital  -2-    expenditures, except for tourism information centers; to the extent funding is appropriated for such purpose. Revenues appropriated pursuant to this agreement shall be derived solely from lodging tax receipts generated within the boundaries of  the Norwood R-2 School District. 4. Payments of! Lodging Tax Revenues  a. Payments ofl lodging tax revenues tol NCC pursuant to thet terms oft this Agreement shall be paid on a quarterly basis and each payment shall be equal to the amount distributed to the County Finance Office from the Colorado Department of Revenue derived from lodging tax receipts generated within the boundaries of the Norwood R-2 School District. Adjustments to prior quarter revenue are routinely received from the State and this revenue will be disbursed and reported on by the San Miguel County Finance Department in a timely manner upon receipt. Int the event that thel Lodging Tax revenue collected and disbursed by the County exceeds ori isl less than that amount! budgeted by NCC, then NCC shall revise and submit an updated current year budget to the Thel Lodging Taxr revenue in the County budget is based on reasonable revenue projections calculated by the County Finance Office and based on prior year disbursements from the Colorado Department of b. Itis anticipated thatt the County shall receive quarterly dispersals from the Department of Revenue on or about the following dates:  Lodging Tax Panel att the year-end meeting.  Revenue.  First Quarter Second Quarter Third Quarter Fourth Quarter  May 20th August 20th November 20th February 20th  5. Annual Review and Renewal of Agreement  The term of this Agreement shall be from January 1, 2020 through December 31, 2020, but shall renew automatically in the event that the County. Lodging Tax Panel or the Commissioners do not have scheduled meetings ata time that coincides with the review and approvals reflected herein until such time as this review takes place. Recommendation of whether or not to renew the contract on annual basis shall be made pursuant to all obligations stated in Ift this agreement is not renewed by virtue of NCC's failure to submit any of its reports or statement of goals and objectives and budgetary requests within the time allowed, the Panel and the County shall thereafter be relieved of any further obligations, financial or otherwise under this Contract, with respect to the  section 2 oft this agreement.  balance of  -3-    that or ensuing fiscal year. Any reports or audits due from NCC for periods already  funded shall stilll be due. 6. Termination  In the event that the Board of County Commissioners finds, after notice to NCC, that a default remains uncured for a period of thirty (30) days, including a lack of progress, this Contract shall terminate. Upon their receipt of Default Notice towards goals and objectives, NCC shall immediately return all unencumbered funds received under this Contract, to the County. All funds received by NCC under this Contract remain the sole property of the County until dispersed by! NCC.  7. Binding Effect  This Agreement constitutes thee entire understanding and agreement between the Parties hereto and shall! be binding upon the respective Parties. This Contract is int thet form of services to be rendered for the benefit of the citizens of Norwood and San Miguel County, and accordingly, the duties under this Agreement or the right to receive revenues and obligation to accomplish specified goals and objectives neither shall be delegated nor assigned by NCC without the express written recommendation of the County Lodging Tax Panel and the prior express written consent of the Board of County Commissioners having first been obtained. NCC's annual budget shall be considered a part of this Agreement. The budget's proposed expenditures of funds received under this Contract shall not be changed without the express prior written approval of both the Panel and the County.  8. Time of Essence contained. 9. Conflict of Interest  Time is of the essence with respect to the covenants and conditions herein NCC and the members of the Lodging Tax Panel shall insure that no employee orr member oft the! Panel, NCCI board or staff who exercises anyi function or responsibilities in connection with the planning and carrying out of the project shall have any personal financial interest, direct ori indirect, in this Contract, except to the extent that NCC employees assigned to the project shall receive compensation for their performance pursuant toi this Contract as provided for in thel budget referenced  above.  10. Compliance with Applicable Laws  At all times during the performance of this Contract, the Lodging Tax Panel and NCC shalls strictly adhere to all applicable Federal, State, andl Local laws, orders, standards, regulations, interpretations; or guidelines issued pursuant thereto.  -4-    11. Indemnification  NCC shall indemnify, save, hold harmless, and defend the County, the Lodging Tax Panel, and all their officials and employees from any and all liability, claims, demands, actions, debts, and attorney fees arising out of, claimed on account of, ori in any manner predicated. upon loss or damage to the property of, injuries to, or death of all persons whatsoever which may occur or be sustained in connection with the performance of this Contract, or by conditions created thereby, or based IN WITNESS WHEREOF, the Parties have executed this Agreement the day and  upon any violation of any statute, ordinance, or regulation.  year first above written.  BOARD OF COUNTY COMMISSIONERS SANI MIGUEL COUNTY, COLORADO  Hilary Cooper, Chair  ATTEST:  Carmen Warfield, Chief Deputy Clerk  NORWOOD CHAMBER OF COMMERCE  President  SAN MIGUELCOUNTY LODGING TAXPANEL  KEITH HAMPTON, Chair  ATTEST:  Carmen Warfield, Lodging Tax Panel Secretary