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Onalaska Alliance- Apple Harvest Festival 2019 TOURISM SERVICE AGREEMENT Lodging Tax agreement: Onalaska Alliance—Apple Harvest Festival THIS AGREEMENT is made by and between Onalaska Alliance ("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 1 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 $7,900.00 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." 2 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 3 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. 4 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. 5 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: Onalaska Alliance Apple Harvest Festival Cathy Murphy PO Box 634 6 Onalaska WA 98570 360-978-4018, 360-978-4111 or 360-520-3659 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 hKa1L 2 4)jtL'nCL (Organization name) . Fund, C fir 1 _cm, mu ip (Authorized-Representative) Robert C.Jackson, Vice Chair eiV1- 1 ✓ DY(, (v c l (Authorized Re resentative's Title) er, Commissioner '2D T 4- vdt /reit . (Street Address) C) i L Q 64 A-2 l y I J 7o AP"0 ED AS TO FORM: (City, State, Zip Code) J•nath. n Me er, Prosecuting Attorney I :y: Deputy osecuting Attorney •• COUNT •. •O •• SINCE \1 o: ATTEST: '8 1845 f ze %/41/4CN NS.--s o• Rieva Lester, Clerk of the Board 7 0 360.740.1120 Board of County Commissioners Too 360.740.1480 �'�� `�" Lewis County Courthouse • 351 NV/North Street •Chehatis, WA 98532-7900 bocc@lewiscountywa.gov LEWIS COUNTY I I II November 19, 2018 Onalaska Alliance-Apple Harvest Festival PO Box 634 Onalaska WA 98570 Re: Lewis County Lodging Tax Dear Onalaska Alliance: Thank you for taking the time to submit your Lodging Tax application.The Lewis County Board of County Commissioners has carefully reviewed the recommendations made by the Lodging Tax Advisory Committee and has granted funding accordingly. Onalaska Alliance's Apple Harvest Festival project is hereby awarded$7,900 for the year 2019. Enclosed are a Project Scope and two copies of your contract,as well as a copy of the reimbursement guidelines.Please complete and return the Project Scope and BOTH copies of the contract by 3 p.m. Wednesday, December 12,2018.The reimbursement guidelines are for you to keep. Please note that the amount approved for your project differs from the total amount you requested.Because of this,it is imperative that you update the enclosed Project Scope to reflect the approved amount($7,900)and how it will be used.It's also imperative that you return the updated Project Scope and sign and return both copies of the contract by the deadline.Failure to do so could put your funding in jeopardy. If you have any questions,please contact Clerk of the Board Rieva Lester at 360-740-1419. Thank you again for your cooperation. Respectfully, eo,,,f, ,,,,,,, Edna J.Fund,Chair Lewis County Board of County Commissioners Erik Martin Edna J. Fund Bobby Jackson Gary Stamper Rieva Lester Lewis County Purchasing and Reimbursement Guidelines for Lodging Tax Grant Recipients 2019 This document provides purchasing and reimbursement guidelines for Lodging Tax Grant recipients. Non-compliance with these guidelines will delay or potentially result in denial for a purchase/reimbursement claim. General All expense reimbursement claims must, at a minimum, include itemized receipts, copies of invoices paid, sample program or marketing materials, and any other documentation to describe use of Lodging Tax dollars, as well as an explanation of costs and/or billing invoices. The requestor shall ensure ample information/documentation is included to support individual reimbursement claims. Claims shall include two signatures of personnel authorized by the organization to sign claims submitted to the County. Contract for Service Agreements When submitting a claim for reimbursement, a complete copy of the contract service agreement package shall be submitted that includes: 1) the signed agreement/contract related to purchases of materials, equipment, services, and/or maintenance; 2) documentation of three (3) *informal bids for items costing more than $5,000; 3)an explanation justifying why the lowest bid was not selected should that be the case; and 4) a description of the scope of work and expected outcome for the services provided. *send bid to three places for advertisement. Examples: local newspaper, Craigslist, Facebook, etc. Purchase of materials, equipment, or services less than $5,000 shall be listed in the Project Scope Worksheet that accompanies your Agreement. Contact Clerk of the Board Rieva Lester for further guidance as necessary. Travel and Training Claims for travel and training reimbursement will follow the criteria below and generally mirror County policy. Travel and/or training expenses projected to exceed $500.00 shall be pre- 1 approved by the County. The County will only reimburse travel and/or training expenses incurred by employees/volunteers of the organization in receipt of Lodging Tax Funds for the current year and while they are performing activities related to the project for which grant funds were awarded. Mileage Mileage reimbursement for use of a Privately Owned Vehicle (POV) in conjunction with official business will be at the Internal Revenue Service (IRS)rate. The 2018 rate was $0.545 per mile. The mileage form must be signed by the person incurring the expense and must include the date(s)and reason(s)for the trip. The mileage form also must include a printout of the Mapquest mileage calculation as determined by entering the beginning and ending destinations into the Mapquest.com website. Mileage from home to work(commute) is not eligible for reimbursement. Parking Parking receipts are required with explanation/supporting documentation. Lodging Overnight lodging associated with training/travel must receive approval from the County prior to incurring the expense. An itemized overnight lodging receipt identifying the number of occupants and single room rate shall accompany a claim for reimbursement. All lodging requests must be accompanied with supporting documentation/agenda/itinerary for travel. Lodging per diem rates for Washington State can be found at http://www.ofm.wa.gov/resources/travel.asp. Out-of-State per diem rates can found at http://www.gsa.gov/perdiem. Gratuities (including delivery fees) for maid service, doorman, concierge and room service are not eligible for reimbursement. Wi-fi,movie rentals, magazines, mini-bar, snacks, and other personal entertainment/services are also not eligible for reimbursement. Meals 2 Reimbursement for meals, including tax and gratuity, will not exceed applicable per diem rates. Meal and Incidental Expense (M&IE)rates for Washington State can be found at http://www.ofm.wa.gov/resources/travel.asp. Out-of-State per diem rates can found on the US General Services Administration website at http://www.gsa.gov/perdiem. All meal receipts must be itemized and reimbursements will be for actual expenses only. A maximum gratuity of 15% may be included in the claim for each meal. Any portion of a total meal expense(including tax and gratuity)that exceeds the maximum per diem rate for that meal shall be borne by the claimant. Meals will be reimbursed only for employees/volunteers of the organization who are required to attend meetings or training sessions where the meal is an integral part of the meeting or training session. Supporting documentation/agenda must accompany the reimbursement request. Meal expenses NOT eligible for reimbursement: • Meals included in an itinerary/agenda(e.g. "continental breakfast/lunch") are not eligible for reimbursement if the attendee chooses to eat elsewhere • Alcohol beverages are not eligible for reimbursement • Meals for contract service providers • Miscellaneous food expenses other than for breakfast, lunch or dinner • Meals or other expenses for persons not employed by your organization Commercial Transportation Expenses incurred through use of commercial transportation(airline/train/bus tickets, etc.) will NOT be reimbursed by the County. These expenses shall be borne by the lodging tax recipient organization. Rental Cars Rental car expenses will NOT be reimbursed by the County. These expenses shall be borne by the lodging tax recipient organization. Registration Fees Registration for industry tradeshows, conferences, and/or events,must be accompanied by a receipt along with an itinerary, agenda, or brochure that describes the activity and purpose. To be eligible for reimbursement, registration fees that exceed $500.00 per person must obtain pre- approval from the County. 3 r- Payroll Reimbursement for employee compensation and benefits must include reports that show dates, hours worked, employee name,job title,hourly rate, taxes, and/or benefits. This information must be certified by an authorized individual of the recipient organization. Bonuses and car allowances are not eligible for reimbursement. Gifts Expenses/costs for the purchase of gifts will not be reimbursed. This includes promotional items, gifts for volunteers, clients, customers, employees or other persons.The only exception is a giveaway de minimus in value. (e.g. a piece of candy at trade booths, etc.) Expenses that are NOT eligible for reimbursement include, but are not limited to: • Alcohol beverages • Award plaques, trophies, or recognition items • Barber or beauty parlor • Bottled water • Cleaning and pressing of clothing • Expenses of a spouse, family member, or other persons not authorized to receive reimbursement • Fines, penalties, and/or forfeitures • Meals, snacks, uniforms, other clothing, and gifts for volunteers • Personal entertainment activities/purchases • Personal telephone calls,postage, reading material • Personal toiletries • Theft, loss, or damage to personal property For questions,please contact Rieva Lester at 360-740-1419. 4 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. Project Submission Form 1. Project Name: 2. Date Submitted: C`% 1: 4,51/1-+x. Ajolji Vef)t -/S 3. Contact Person / Title:' eit, 1,1,1 i.c , Cjt1Lir L� oeil 4. Mailing Address: 2' , �� 2 , J � ( tea_, Gz s 76) 5. Telephone No.: -- 97,g -�d 6. E-mail: ph/ti ' . iei 7. Signature of Representative: ktp,ott-v- _ 8. Project Location (city/town) a. Name of Event or Activity: lloideI e ,f 1 r vtSt h t / 9. Statement of Project Goals and Objectives: )444 l -ee t- r�'c� 7-j tL2 4a1 cttrtitc.t1211-1/14Ld%) Jer avA. /-1//,V-PVt:?,61-.1), 4,t_fr7}_* -t) y¢.&411k4---4 /*/.42-4-11`` :),t471(2-'/e/,*,4 geri-t I72Gt`.eaj 10. Project Description: t � t.2 i' . Ate -mac , �tiv�az i1 e-1c1.111,1z.e - �J 7 1l Gtr J4aid 1/t eflo/>l /- .A,toutL .,Gi, 3t7 L rid- a#7.��c i -ems �e- �; � 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816i�‘),1 7)1.44)-(1714 (JO& (11/1t/iii/54- let! cill"") 12. Anticipa 'd,"ro t Costs: $ -2_,o) awe ,QO a. Total County Funds awarded in 2018: 4" 7q6&,00 RECEIVED Board of County Commissioners Lewis County Washington DEC 13 2018 EJF RCJ GS ❑ FYI ❑ Action required❑Other 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) Marketing/Promotion Materials t 7, g ,0 `7 /00 P'`5,D OD Direct Sales Activities D 0 5 ©D Minor Equipment Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: f DC 0 2 14. PROJECT WORK PLAN List the tasks, cost and timeframe, Name individual(s), consultant(s), and organization responsible for the project. Table Ill Tasks Timeframe-Dates Estimated Cost Responsible Party/Name P/zt E MG? 12D,DCD Outla.5/Z - D k� /titt 2 b7Eart re 6 - '."J MQr -eM 5 e_s lI�L�lGe 64itik &i( 771 G-,e to Cnnrn/ ft Jfl, - hug ri f'L/ 7-v ��; ;p vv-P e t. S C�,�G� pubis,5l, f e M,4 I '> iir tz-r> 45 dry 1/1:M9-YL, Aj Se - 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(a�lewiscountywa.gov 3