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HomeMy WebLinkAboutPayment in lieu of Room Tax UW Wisconsin Oshkosh 2019 I3 5 AGREEMENT FOR PAYMENT IN LIEU OF ROOM TAX CITY OF OSHKOSH/UNIVERSITY OF WISCONSIN— OSHKOSH WHEREAS, the City of Oshkosh has imposed a room tax through Section 8-1.1 of the Municipal Code on the on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals and other persons furnishing accommodations that are available to the public for the purpose of supporting tourism promotion and tourism development in the City of Oshkosh; and WHEREAS, the University of Wisconsin — Oshkosh at certain times during the year furnishes rooms or lodging at retail to transients in a similar fashion to persons furnishing accommodations that are subject to the room tax; and WHEREAS,the room tax helps support the City of Oshkosh and the Oshkosh Area Convention and Visitors Bureau tourism efforts which provide benefits to the University including the awarding of grants in support of tourism which the University of Wisconsin — Oshkosh has been the recipient of in past years, and which the University may apply for in future years; and WHEREAS, the University of Wisconsin—Oshkosh wishes to support continuing efforts to support and enhance tourism and events within the City of Oshkosh through the collection and remittance of a payment in lieu of room tax from transient visitors utilizing the University lodging facilities as provided in this Agreement; and WHEREAS,both parties wish to facilitate the support of tourism in the community and acknowledge a mutual benefit from this agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and between the City of Oshkosh, a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901 (City) and the University of Wisconsin—Oshkosh as follows: 1. Purpose. The parties enter into this Agreement to facilitate a payment in lieu of room tax by the University of Wisconsin—Oshkosh on the University's privilege and service of furnishing rooms and lodging at retail to transients in a similar fashion to other persons furnishing accommodations that are subject to the City's room tax. 1 2. Consideration. The consideration agreed to by the parties is the mutual benefit resulting from the payment in lieu of the room tax resulting in tourism development and promotion within the City of Oshkosh and supporting the University, its students, staff and visitors through the services provided by the Oshkosh Area Convention and Visitors Bureau and City of Oshkosh which are supported by room tax revenue as described in the Municipal Code. 3. Obligation/Payments. The University agrees to collect and remit to the City of Oshkosh a payment in lieu of room tax from persons to whom the University is furnishing rooms or lodging as transients who are not directly associated with University educational programs. For purposes of this Agreement lodging directly associated with University educational programs shall generally mean accommodations provided to persons that are participating in University functions, and/or providing services to the University related to its mission and shall specifically include Badger Girl's State. Such persons are intended to include,but are not limited to, guest lecturers, dignitaries, workers, guest speakers, attendees at camps or similar programs operated by the University and exhibitors. The payment in lieu of room tax shall be in the amount of ten percent (10%) of gross receipts for lodging. The payment in lieu of room tax will only be collected from those person/entities who would be taxable under the room tax provisions of the state statutes. For example, governmental entities and other persons presenting a tax exempt letter would not be subject to the payment in lieu of room tax charge. The payment in lieu of room tax shall be remitted quarterly along with a reporting form agreed upon by both parties similar to the City's room tax reporting form. The University shall not be subject to permit requirements, audit,penalties and/or late fees under the City's short term rental and/or room tax ordinance. 4. Use of Tax Payments. The City shall distribute and use the University's payments in lieu of room tax in any manner authorized or required by Section 8-1.1 of the Municipal Code. 5. Term. This Agreement shall begin with lodging furnished on and after January 1, 2020 and shall continue until terminated by either party. Either party may terminate this agreement for any reason provided the other party is given at least thirty (30) days written notice. Upon termination, all required payments in lieu of room tax for those accommodations furnished up to the date of termination shall be paid within thirty (30) days after termination. 2 ' 6. Authority. Each party asserts to the other that it has the authority to enter into this Agreement. The persons signing this Agreement on behalf of each party assert that they have the authority to enter into this Agreement on behalf of their respective entities. IN WITNESS WHEREOF, the parties heretofore have caused this Agreement to be signed by the proper persons of each party and their corporate seals, if any, to be hereunto affixed. Dated: August 28, 2019 (Signature Pages to Follow) 3 UNIVERSITY OF WISCONSIN - OSHKOSH By: 11- e s Fletcher, Vice Chancellor, Office of Finance and Administration STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally came before me this 2_C day of 2019, the above-named James Fletcher, Vice Chancellor, Office of Finance and A ministration, to me known to be the person(s) who executed the foregoing instrument and to me known to be such officers of said entity, and acknowledged that he executed the foregoing instrument as such officer(s) as the deed of said entity, by its authority. Notary Public, State of Wisconsin KATHLEEN MCOUILLAN Notary PubNc My Commission expires: l©- 11- 202..0 State of Wisconsin 4 CITY OF OSHKOSH By: yo_4_ And: MRohloff, City Manager Pamela R. Ubrig, City lerk Russell Van Gomp , irector of Finance STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this 28th day of August 2019, the above-named Mark A. Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation,by its authority. i (. 1jt) Notary Public, Winnebago Co., WI My Commission expires/is: Approved as to Form: f 04.11711 L . A. Lorenson, City Attorney 5