Approving 2020 Contracts with various organizations for funding from Tourism Promotion Fund No. 1980 for tourism related activities BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 19-398
APPROVING 2020 CONTRACTS WITH VARIOUS
ORGANIZATIONS FOR FUNDING FROM TOURISM
PROMOTION FUND NO. 1980 FOR TOURISM-
RELATED ACTIVITIES
WHEREAS, pursuant to RCW 67.28.128, the county receives a distribution of the state
retail sales tax on lodging in Lewis County; and
WHEREAS, an organization is eligible to apply for a portion of the "Tourism Promotion
Funds" if its project or activity promotes tourism in Lewis County; and
WHEREAS, multiple organizations submitted applications to the Lodging Tax Advisory
Committee (LTAC) to request funding for events, projects and activities that promote
tourism; and
WHEREAS, the LTAC members reviewed applications and developed recommendations
for the allocation of the lodging tax funds; and
WHEREAS, the Lewis County Board of County Commissioners (BOCC) met in an open
public meeting Nov. 18, 2019, and reviewed the recommendations submitted by the
LTAC members; and
WHEREAS, the BOCC has determined that it is in the best interest of the citizens of
Lewis County that the lodging tax funds be authorized in order to allow the promotion
of tourism.
NOW THEREFORE BE IT RESOLVED that the BOCC approves 2020 funding in the
amount of $550,000 for the projects/activities listed in Attachment A; and
NOW THEREFORE BE IT FURTHER RESOLVED that the BOCC approves the 2020
tourism contracts for the projects/activities listed in Attachment A.
DONE IN OPEN SESSION this 30th day of December, 2019.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Robert C. Jackson
By: Amber Smith, Robert C.Jackson, Chair
Deputy Prosecuting Attorney
STY'
ATTEST: �S�RDOF'sy� Absent
/OP `4•,
: ;• glary Stamper, Vice Chair
SINCE .7•
I° 5 =1;4.
Rieva Lester ';s; 'CO`�; Edna J . Fund
Rieva Lester, Edna J. Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
Click here to enter text.TOURISM SERVICE AGREEMENT
Lodging Tax agreement:
THIS AGREEMENT is made by and between Click here to enter text. ("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. 1980) 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$ Click here to enter text..00 is hereby pledged on a reimbursement basis from
the COUNTY Tourism Promotion Fund No. 1980 in fiscal year Click here to enter text. 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. ACKNOWLEDGEMENT: The ORGANIZATION shall acknowledge the COUNTY as a sponsor
in all publications, media materials and press releases related to the project. Lewis County
will supply logos upon request.
3. 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).
2
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. 1980."
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 Click here to enter text..
4. 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, Click here to
enter text.) 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.
3
The ORGANIZATION shall cooperate with and freely participate in any other monitoring or
evaluation activities pertinent to this Agreement that the COUNTY requests.
5. 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
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.
6. 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.
7. 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.
8. 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
4
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.
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.
9. 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.
10. AGREEMENT PERIOD: The term of this Agreement shall commence on the 1st day of
January Click here to enter text. and terminate on the 31st day of December Click here to
enter text., both dates inclusive, unless sooner terminated as provided for herein.
11. 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
5
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.
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.
12. 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.
13. 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.
14. SURVIVAL OF CERTAIN PROVISIONS: Sections 4, 5, and 8 shall survive termination of this
agreement.
15. 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.
16. 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
6
For the ORGANIZATION:
Click here to enter text. Organization
Click here to enter text. Address
Click here to enter text. City,State, Zip
Click here to enter text. Phone
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
Click here to enter text.
ORGANIZATION BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY,WASHINGTON
(Organization name) Click here to enter text., Chair
(Authorized representative's signature) Click here to enter text.,Vice Chair
(Authorized rep.'s name, printed) Click here to enter text., Member
(Authorized representative's title)
APPROVED AS TO FORM:
(Organization street address) Jonathan Meyer, Prosecuting Attorney
(Organization city, state, zip code)
By: Deputy Prosecuting Attorney
ATTEST:
Rieva Lester, Clerk of the Board
7
TOURISM PROMOTION FUNDING FOR 2020 - ATTACHMENT A
Following are the requests and amounts approved for Tourism Promotion projects for 2020
2020 TOTAL 2020 TOTAL AMOUNT 2020 TOTAL
APPLICANT AMOUNT RECOMMENDED BY LTAC 11- AMOUNT
REQUESTED 15-19 APPROVED BY BOCC
12-30-2019
ARTrails of Southwest Washington $18,000 $14,000 $14,000
Chehalis Centralia Railroad&Museum $15,000 $0 $0
Chehalis Farmers Market $10,500 $9,000 $9,000
City of Toledo $6,000 $0 $0
Cowlitz River Valley Historical Society-Museum $30,000 $0 $0
Cowlitz River Valley Historical Society-Visitor Center $15,000 $5,500 $5,500
Cowlitz School at the Confluence-Americana concert $6,130 $5,130 $5,130
Cowlitz School at the Confluence-Explore Packwood $63,000 $0 $0
Cowlitz School at the Confluence-Opera in the Mountains $16,400 $0 $0
li Discover Lewis County-Online and printing $82,500 $50,000 $50,000
Discover Lewis County-Three tourism brochures $47,500 $35,000 $35,000
Discover Lewis County-Tourism support $62,500 $50,000 $50,000
Discover Lewis County-Mount St.Helens anniversary $0 $19,086 $19,086
Fire Mountain Arts Council-Websites and brand overhaul $6,450 $6,000 $6,000
Fire Mountain Arts Council-Visitor and marketing information $19,808 $14,330 $14,330
Lewis County-Lodging Tax grant administration $13,387 $13,387 513,387
Lewis County Community Trails-Ride the Willipa $10,000 $10,000 510,000
Lewis County Historical Society&Museum $50,000 $35,000 535,000
Lewis County Historical Museum-museum overhead $19,242 $19,242 $19,242
East Lewis County Chamber of Commerce-Bigfoot archery $15,000 $12,200 $12,200
East Lewis County Chamber of Commerce-Christmas in the Mountains $3,275 $3,275 $3,275
East Lewis County Chamber of Commerce-Staffing $24,960 $12,500 $12,500
East Lewis County Chamber of Commerce-Summit to Swamp $17,500 $9,000 $9,000
Mossyrock Area Action League-Blueberry Festival $32,740 $13,000 $13,000
Mossyrock Area Action League-Buffalo Nickel Tour $9,435 $0 $0
Onalaska Alliance-Apple Harvest Festival $13,650 $13,650 $13,650
Onalaska Alliance-Visitor center $22,602 $0 $0
Packwood Cultural Council-Amphitheater 550,000 $0 $0
Packwood Cultural Council-Firesides $3,000 $3,000 $3,000
Southwest Washington Fair-Grandstands and PA system $18,500 $10,000 $10,000
Veterans Memorial Museum $30,000 $25,000 $25,000
White Pass Country Historical Society&Museum-Museum and events $28,500 $25,500 $25,500
White Pass Country Historical Society&Museum-Packwood visitor center $68,280 $65,000 $65,000
White Pass Scenic Byway-Hospitality and outreach training workshops $3,500 $2,200 $2,200
White Pass Scenic Byway-Interpretive panels $10,000 $0 $0
White Pass Scenic Byway Marketing and operations $93,750 $70,000 $70,000
TOTALS $936,109 $550,000 $550,000
2020 TOURISM SERVICE AGREEMENT
Lodging Tax agreement: White Pass Country Historical Society and Museum- Packwood Visitor Center
THIS AGREEMENT is made by and between White Pass Country 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. 1980) 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 $ $65,000 is hereby pledged on a reimbursement basis from the COUNTY
Tourism Promotion Fund No. 1980 in fiscal year 2020 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. ACKNOWLEDGEMENT: The ORGANIZATION shall acknowledge the COUNTY as a sponsor
in all publications, media materials and press releases related to the project. Lewis County
will supply logos upon request.
3. 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
2
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. 1980." 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 Jan. 8, 2021.
4. SPECIAL PAYMENT PROVISIONS: The ORGANIZATION shall provide the following
safeguards to ensure the authenticity of all reimbursements of this Agreement:
a. Acquire an independent bookkeeper to perform all accounting tasks and reporting
related to the scope of work affiliated with this Agreement;
b. Submit quarterly detailed evidence of all work performed with reimbursement
funds including but not limited to copies of all contracts, invoices, materials, and
records of matters related to this Agreement and the activities for which
reimbursement was sought or made; and
c. Provide documented proof the ORGANIZATION is wholly independent from the
entity Destination Packwood.
5. 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
3
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, 2020) 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.
6. 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
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.
7. 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.
8. 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
4
of any kind from the COUNTY, including but not limited to health insurance and retirement
benefits.
9. 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.
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.
10. 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
5
signed by the authorized representatives of the COUNTY and the ORGANIZATION,
respectively.
11. AGREEMENT PERIOD: The term of this Agreement shall commence on the 1st day of
January 2020 and terminate on the 31st day of December 2020,both dates inclusive,unless
sooner terminated as provided for herein.
12. 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.
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.
13. 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.
14. 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.
15. SURVIVAL OF CERTAIN PROVISIONS: Sections 4, 5, and 8 shall survive termination of this
agreement.
16. 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.
6
17. 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:
White Pass Country Historical Society and Museum
Packwood Visitor Center
PO Box 958
Packwood, WA 98361
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
day of , 20 .
ORGANIZATION BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY,WASHINGTON
(Organization name) Robert C.Jackson, Chair
(Authorized representative's signature) Gary Stamper,Vice Chair
(Authorized rep.'s name, printed) Edna J. Fund, Member
(Authorized representative's title) APPROVED AS TO FORM:
Jonathan Meyer, Prosecuting Attorney
(Organization street address)
By: Deputy Prosecuting Attorney
(Organization city, state, zip code) ATTEST:
Rieva Lester, Clerk of the Board
7
BOCC AGENDA ITEM SUMMARY
Resolution: 19-398 BOCC Meeting Date: Dec. 30, 2019
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving 2020 contracts with various organizations for funding from Tourism Promotion Fund No.
1980 for tourism-related activities
Contact: Rieva Lester Phone:
Department: BOCC - Board of County Commissioners
Description:
Approving 2020 contracts with various organizations for funding from Tourism Promotion Fund No.
1980 for tourism-related activities. (Please note that internal projects -- such as those for Discover
Lewis County, the museum overhead, LTAC administration and the grandstands -- do not require an
agreement.)
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Lodging tax recipients