Lewis County Historical Society and Museum 2019 TOURISM SERVICE AGREEMENT
Lodging Tax agreement: Lewis County Historical Society and Museum
THIS AGREEMENT is made by and between Lewis County Historical Society and Museum ("the
ORGANIZATION"), and Lewis County ("the COUNTY"), a political subdivision and municipal
corporation of the state of Washington.
WHEREAS, Chapter 67.28 RCW authorizes legislative bodies of municipalities to impose excise
taxes on the sale of or charge made for the furnishing of lodging that is subject to tax under
Chapter 82.08 RCW; and
WHEREAS, the Lewis County Board of County Commissioners ("the BOARD"), the legislative
body of and for the COUNTY, by enacting Ordinance No. 1163A — Lodging Tax, imposed the
excise taxes authorized in Chapter 67.28 RCW; and
WHEREAS, Tourism is defined as economic activity resulting from tourists, which may include
sales of overnight lodging, meals, tours, gifts, or souvenirs; and
WHEREAS,Tourism promotion is defined as 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 the marketing of or the
operation of special events and festivals designed to attract tourists; and
WHEREAS, Tourism-related facility is defined as real or tangible personal property with a usable
life of three or more years, or constructed with volunteer labor, and used to support tourism,
performing arts, or to accommodate tourist activities; and
WHEREAS, RCW 67.28.1815 in part states that: "All revenue from taxes imposed under said
Chapter shall be credited to a special fund in the treasury of the municipality imposing such tax
and used solely for the purpose of paying all or any part of the cost of tourism promotion,
acquisition of tourism-related facilities, or operation of tourism-related facilities ...;" and
WHEREAS, the COUNTY Lodging Tax revenues have been credited to the Tourism Promotion
Fund (No. 198) in the treasury of the COUNTY; and
WHEREAS, the ORGANIZATION applied through the Lewis County Lodging Tax Advisory
Committee ("the LTAC") for financial assistance for authorized uses from COUNTY Lodging Tax
proceeds ("the Proposal"); and
WHEREAS, the LTAC has facilitated these efforts by (a) developing the application forms and
procedures, (b) coordinating the funding availability advertising, (c) evaluating submitted
application packets, (d) determining whether the proposed use is authorized, and (d) advancing
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the financing award recommendations to the BOARD, including the Proposal from the
ORGANIZATION; and
WHEREAS, the BOARD has determined that the activity herein described promotes the general
welfare, health and safety of the citizens of the COUNTY, is consistent with RCW 67.28, finds
that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and is
in the best interests of the COUNTY in regard to the promotion of tourism in Lewis County, the
BOARD intends to disburse COUNTY Lodging Tax proceeds to the ORGANIZATION for the
purposes stated in its Proposal and consistent with RCW 67.28,
NOW, THEREFORE, in consideration of the premises and mutual benefits and covenants herein
contained, it is agreed by and between the parties hereto as follows:
FUNDING: Up to $31,500.00 is hereby pledged on a reimbursement basis from the COUNTY
Tourism Promotion Fund No. 198 in fiscal year 2018 solely for the purpose of paying all or any
part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of
tourism-related facilities within Lewis County. Said amount shall constitute the maximum
reimbursement the ORGANIZATION is eligible to receive from the COUNTY under this
Agreement. Depending on the use of funds requested to be reimbursed and the date of use,
less than the maximum amount authorized under this Agreement may actually be reimbursed.
1. USE OF FUNDS: The ORGANIZATION shall use these COUNTY funds solely for the purpose
of paying all or any part of the cost of tourism promotion, acquisition of tourism-related
facilities, or operation of tourism-related facilities in Lewis County authorized by RCW
67.28. The specific services represented by the ORGANIZATION to be authorized by RCW
67.28 and to be provided by the ORGANIZATION to the COUNTY under this Contract are
described in Attachment A: Scope of Work.
2. PAYMENT PROVISIONS: Once this Agreement is executed, the ORGANIZATION may submit
claim vouchers to the Clerk of the Lewis County Board of County Commissioners at 351
NW North Street, Chehalis, WA 98532 requesting reimbursement solely for eligible
expenses and/or for eligible services as identified in Section 2 of this Agreement (Use of
Funds), Attachment A: Scope of Work, and Attachment B: Purchasing and Reimbursement
Guidelines, and solely up to the maximum amount specified in Section 1 (Funding).
Each reimbursement claim voucher shall include the following certificate of authenticity
with the dated signature of an authorized representative of the ORGANIZATION: "I, the
undersigned, do hereby certify under penalty of perjury that the materials have been
furnished and the services rendered as described herein, and that this claim is a just, due
and unpaid obligation against Lewis County Tourism Promotion Fund No. 198."
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Within thirty (30) days of receiving a reimbursement claims voucher that meets the
requirements of this Agreement and applicable law, the Clerk of the BOARD, on behalf of
the COUNTY, shall remit to the ORGANIZATION a warrant for the approved
reimbursement amount.
The final claims voucher under this Agreement shall be submitted to the Clerk of the
BOARD by the ORGANIZATION no later than Friday, January 3, 2020.
3. EVALUATION AND MONITORING: The ORGANIZATION agrees to maintain its books and
records and to employ accounting procedures, systems and practices that accurately and
timely record and track the expenditures for which reimbursement is sought under this
Agreement and provide for full compliance with the requirements of this Agreement. The
ORGANIZATION will retain these supporting records for at least three (3) calendar years
following the year in which the Agreement expires.
The COUNTY and/or the State Auditor and any of their representatives shall have full,
timely and complete access to all books, records and other documents and evidence of
the ORGANIZATION respecting all matters related to this Agreement and the activities for
which reimbursement is sought or made, and shall have the right to examine such during
normal business hours as often as the COUNTY and/or the State Auditor may deem
necessary. Such representatives shall be permitted to audit, examine and make excerpts
of or transcripts from such records, and to audit all contracts, invoices, materials, and
records of matters related to this Agreement and the activities for which reimbursement
is sought or made. These access and examination rights shall continue for three (3)
calendar years following the year in which the Agreement expires.
The COUNTY cannot guarantee but intends for its agents to use reasonable security
procedures and protections to assure that related records and documents provided by the
ORGANIZATION are not erroneously disclosed to third parties. The COUNTY will, however,
disclose or make this material available to those authorized in the immediately preceding
paragraph or permitted under the provisions of Chapter 42.56 RCW, any other applicable
public disclosure law, or order of any court or agency of competent jurisdiction, without
notice to the ORGANIZATION.
The ORGANIZATION agrees to submit in writing (within 60 days of Dec. 31, 2019) a final
report demonstrating the effect the ORGANIZATION's activities funded by the COUNTY
have had on tourism growth and such other reports or information as required by law.
The ORGANIZATION shall cooperate with and freely participate in any other monitoring or
evaluation activities pertinent to this Agreement that the COUNTY requests.
4. RECAPTURE PROVISION: In the event the ORGANIZATION fails to expend these funds in
accordance with state law and/or the provisions of this Agreement or obtains
reimbursement of ineligible expenditures, the COUNTY reserves the right to recapture
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funds in an amount equivalent to the extent of noncompliance. Such right of recapture
shall continue for a period of two (2) years following release of any report from an audit
conducted by the COUNTY and/or the State Auditor's Office under the Section 4
(EVALUATION AND MONITORING) provisions or the 3-year records retention period
required under Section 4 (EVALUATION AND MONITORING), whichever expires later.
Repayment by the ORGANIZATION of any funds recaptured under this provision shall
occur within twenty (20) days of any demand. In the event the COUNTY is required to
institute legal proceedings to enforce this recapture provision, the COUNTY shall be
entitled to its costs thereof, including reasonable attorney's fees.
5. NONDISCRIMINATION: The ORGANIZATION shall comply with all federal and state
nondiscrimination laws, including but not limited to chapter 49.60 RCW — Washington's
Law Against Discrimination, and 42 U.S.C. 12101 et seq. —the Americans with Disabilities
Act (ADA). In the event the ORGANIZATION fails or refuses to comply with any federal or
state nondiscrimination law, this Agreement may be rescinded, canceled or terminated by
the COUNTY in whole or in part, and the ORGANIZATION may be declared by the COUNTY
ineligible for further Lewis County tourism promotion funds. The ORGANIZATION shall be
given a reasonable period of time in which to cure any such noncompliance.
6. EMPLOYMENT RELATIONSHIPS: The ORGANIZATION, its employees, volunteers and agents
are not employees of the COUNTY for any purpose, nor are they volunteers or agents of
the COUNTY. No officer, employee, volunteer or agent of the ORGANIZATION will hold
himself or herself as, or claim to be, an officer, employee, volunteer, representative or
agent of the COUNTY.
Because the ORGANIZATION, its employees, volunteers and agents are not employees of
the COUNTY, the COUNTY is not responsible for the payment of any industrial insurance
premiums or related claims of such persons and such persons are not entitled to benefits
of any kind from the COUNTY, including but not limited to health insurance and
retirement benefits.
7. HOLD HARMLESS:
A. The ORGANIZATION shall hold harmless, indemnify and defend Lewis County its
officers, elected officials, agents, employees, and volunteers, from and against any
and all claims, suits, actions, liability, loss, expenses, damages, and judgments of any
nature whatsoever, including costs and attorney's fees in defense thereof, for damage
to any property or business and/or any death, injury, sickness or disability to any
person, including without limitation any employee of the ORGANIZATION or its
subcontractors, caused by or arising out of or suffered, directly or indirectly, in
connection with the performance of this Agreement or any act, error, or omission of
the ORGANIZATION, ORGANIZATION's employees, agents, or subcontractors, whether
by negligence or otherwise.
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B. The ORGANIZATION shall assume the risk, liability, and pay all damage, loss, cost, and
expense of any party, including its employees, arising out of the performance of this
Agreement, except that caused by the sole negligence and/or willful misconduct solely
of Lewis County and/or its employees acting within the scope of their employment.
C. With respect to the ORGANIZATION's obligations to hold harmless, indemnify and
defend provided for herein, but only as such obligations relate to claims, actions or
suits filed against the COUNTY, the ORGANIZATION further agrees to waive its
immunity under the Industrial Insurance Act, Title 51 RCW, for any injury or death
suffered by the ORGANIZATION's employee(s) caused by or arising out of the
ORGANIZATION's acts, errors or omissions in the performance of this Agreement. This
waiver is mutually negotiated by the parties.
D. The ORGANIZATION's obligations hereunder shall include, but are not limited to,
investigating, adjusting, and defending all claims alleging loss from action, error,
omission or breach of any common law, statutory or other delegated duty by the
ORGANIZATION, ORGANIZATION's employees, agents, or subcontractors.
8. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement represents the entire agreement
of the parties with respect to the subject matter. No other understandings, oral or
otherwise, exist regarding the subject matter of this Agreement or shall be deemed to
exist. The COUNTY and the ORGANIZATION may, from time to time, mutually agree to
amend this Agreement; however, no such change shall be effective until memorialized in
writing and signed by the authorized representatives of the COUNTY and the
ORGANIZATION, respectively.
9. AGREEMENT PERIOD: The term of this Agreement shall commence on the 1st day of
January 2019 and terminate on the 31st day of December 2019, both dates inclusive,
unless sooner terminated as provided for herein.
10. TERMINATION OF AGREEMENT:
A. If the ORGANIZATION breaches or violates any provision of this Agreement, the
COUNTY may, in addition to any other rights provided by law, terminate this
Agreement and withhold any further reimbursement, provided the violation or breach
is not corrected to the satisfaction of the COUNTY within ten (10) days of the COUNTY
mailing—first class and postage prepaid —written notice to the ORGANIZATION of the
breach or violation.
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B. In addition, either party may terminate this Agreement at any time by providing
written notice of such termination and specifying the effective date thereof to the
other party at least twenty (20) days prior to the effective date.
C. Also, the COUNTY may unilaterally terminate all or part of this Agreement, or reduce
the Scope of Work and/or Funding, without liability, for the convenience of the
County, including but not limited to the unavailability of Lewis County Tourism
Promotion funds.
11. SPECIAL PROVISION: The failure of the COUNTY to insist upon the strict performance of
any provision of this Agreement or to exercise any right based upon breach thereof or the
acceptance of any performance during such breach shall not constitute a waiver of any
right under this Agreement.
12. SEVERABILITY: In the event any provision or any portion thereof contained in this
Agreement is held to be unconstitutional, invalid or unenforceable, then said provision(s)
or portion(s) thereof shall be deemed severed and the remainder of this Agreement shall
not be affected and shall remain in full force and effect. Furthermore, if such an event
occurs, the parties agree to negotiate a modification to replace the unacceptable
provision(s) as soon as possible.
13. SURVIVAL OF CERTAIN PROVISIONS: Sections 4, 5, and 8 shall survive termination of this
agreement.
14. GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with, and its validity and performance governed by, the laws of the state of
Washington. The Superior Court of and for Lewis County, Washington shall be the venue
for any suit between the parties arising out of this Agreement.
15. NOTIFICATION: Should the need arise during the term of this Agreement for either party
to notify the other of a change in address or otherwise, the following contacts shall be
used:
For the COUNTY:
Lewis County Commissioners
351 NW North St.
Chehalis, WA 98532
Telephone: 360-740-1419
For the ORGANIZATION:
Lewis County Historical Society and Museum
Jason Mattson, Executive Director
599 NW Front Way
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Chehalis, WA 98532
360-748-0831 or 360-669-6372
IN WITNESS WHEREOF legal representatives of both the ORGANIZATION and the COUNTY have
executed this Agreement on the date(s) so noted below.
The parties have caused this Agreement to be executed in duplicate originals this
17th day of December, 2018.
ORGANIZATION BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY,WASHINGTON
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(1 thorized Representative) Robert C. Jackson, Vice Chair
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(Authorized Representative's Title) G per, Commissioner
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(City, State, Zip Code) •nathan ► e er, Prosecuting Attorney
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Lewis County — 2019 Lodging Tax- Project Scope
Due to a discrepancy between the original funding request and the amount to be
awarded, the following project information will need to be updated as that change in
funding may have affected the original Project Scope. Please do not change the format
of this document and be brief in your explanations to fit the space provided.
IProject Submission Form
1. Project Name: Lewis County Historical 2. Date Submitted:
Museum 12/11/18
3. Contact Person / Title: Jason Mattson/ Executive Director
4. Mailing Address: 599 NW Front Way
Chehalis, WA 98532
5. Telephone No.: (360) 748-0831
6. E-mail: directora@lewiscountymuseum.org
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7. Signature of Representative: AAL___
8. Project Location (city/town) Chehalis
a. Name of Event or Activity: Centralia Tragedy Exhibit, Flying Saucer Event,
facility maintenance.
9. Statement of Project Goals and Objectives:
Funding for day to day operations will provide a source of continuous education
for new visitors to the museum as well as a resource for local tourism. Funding
for the 1919 Armistice Day Exhibit and the Chehalis UFO and Mythology Festival
will bring new people to the area who will lodge, shop, and dine locally.
10. Project Description:
Facility maintenance will keep and maintain a working staff, properly curated
displays, and storage of historical artifacts for the enjoyment and education of
visitors. The Centralia Tragedy exhibit will be a large scoping display of the 1919
Armistice Day events. The Chehalis UFO and Mythology Festival will be a one
day event bringing speakers, vendors, live music, and entertainment to
downtown Chehalis.
11. How does proposed project meet purposes of the Legislation? RCW
67.28.1816
The events planned for 2019 have a wide ranging audience that will attract
people from well beyond fifty miles. Money from lodging tax will allow advertising
that will reach areas otherwise not afforded. This will attract new .Etr + D
visitors to stay and board in Lewis County. Board of County Commissioners
Lewis County Washington
DEC 1 i. 2018
EJF RCJ GS —
❑ FYI ❑ Action required❑Other
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12. Anticipated Project Costs:
a. Total County Funds awarded in 2018: $27,997
13. Project Cost Analysis
Project Budget
Column A
Column B Column C Column D
Item Use of County Use of Other Total Available
Funds Funds Project Funds
Personnel (salaries & benefits) 20,500 12,000 32,500
Marketing/Promotion Materials 5,000 12,000 17,000
Direct Sales Activities 500 5,000 5,500
Minor Equipment 500 5,000 5,500
Travel/Trainings (list below)
1.Museum Conference 500 500
2.
3.
Contract Services (list below)
1.Brochure Distribution 500 1,500 2,000
2.
3.
4.
Overhead (building rent, utilities 4,500 12,000 16,500
etc.)
Project Subtotal: 31,500 62,000 93,500
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14. PROJECT WORK PLAN
List the tasks, cost and timeframe,
Name individual(s), consultant(s), and organization responsible for the
project.
Table 111
Tasks Timeframe-Dates Estimated Cost Responsible Party/Name
Jan.1- Dec. 31 $21,300 Jason Mattson- Executive
Facility maintenance Director
Junel —Nov. 30 $10,000 Jason Mattson- Executive
Centralia Tragedy Exhibit Director
Peter Lahmann- President
Chehalis UFO and Sept. 21 Jason Mattson- Executive
Mythology Exhibit $5,000 Director
Return completed Project Submission form to:
Rieva Lester
Lewis County BOCC. Rm. 210
351 NW North Street — 2nd Floor
Chehalis, WA 98532
Telephone: 360-740-1419
email: Rieva.Lester@lewiscountywa.gov
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