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2022 "lodging tax" contracts with various organizations for funding from Tourism Promotion Fund No. 1980 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-456 APPROVE 2022 "LODGING TAX" 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 on Nov. 9, 2021, 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 lodging tax funds be authorized in order to allow the promotion of tourism. NOW THEREFORE BE IT RESOLVED that the BOCC approves 2022 funding in the amount of $650,000 for the events / projects listed in Attachment A; and NOW THEREFORE BE IT FURTHER RESOLVED that the BOCC approves the 2022 tourism contracts for the events / projects listed in Attachment A. DONE IN OPEN SESSION this 21st day of December, 2021. Page 1 of 2 Res. 21-456 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Robert Bradley Lindsey R. Pollock, DVM By: Robert Bradley, Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney ATTEST: •'�°uNTv,w9s•. Sean D. Swope bean D. Swope, Vice Chair �, 6 ° Sly .,• 845 Rieva Lester '•:Sy��cro>;.5:,. F. Lee Grose Rieva Lester, F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-456 Lewis County Purchasing and Reimbursement Guidelines for Lodging Tax Grant Recipients 2022 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. Please note that your Project Scope must identify the goods or services for which you wish to seek reimbursement. General As outlined in entities' All expense reimbursement claims must, at a minimum, include agreements with Lewis itemized receipts, copies of invoices paid, sample program or County,claims vouchers can marketing materials, and any other documentation to describe be submitted monthly.Claims use of Lodging Tax dollars,as well as an explanation of costs vouchers must be submitted and/or billing invoices. The requestor shall ensure ample by the following quarterly deadlines: information/documentation is included to support individual reimbursement claims.Claims shall include two signatures of First quarter:March 31,2022. personnel authorized by the organization to sign claims Second quarter:June 30,2022. submitted to the County. Third quarter:Sept.30,2022. Fourth quarter:Jan.6,2023. The final claims voucher under this Agreement shall be Contract for Service Agreements submitted to the Lewis County Commissioners' Clerk of the When submitting a claim for reimbursement,a complete copy Board no later than January 6, of the contract service agreement package shall be submitted 2023. 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 Office Assistant Tammy Martin or Clerk of the Board Rieva Lester for further guidance as necessary. 1 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- 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. (For example,the 2020 rate was $0.575 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. 2 Meals 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 that exceeds the maximum per diem rate for that meal (including tax and gratuity)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 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. 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 Reimbursement Within thirty(30)days of receiving a reimbursement claims voucher that meets the requirements of this Agreement and applicable law,the County shall remit to the grantee a warrant for the approved reimbursement amount. For questions,please contact the Board of County Commissioners' Office at 360-740-1120. 4 ATTACHMENT A LODGING TAX DISBURSEMENT - 2021 FOR 2022 APPLICANT EVENT AMOUNT AMT PROPOSED AMT APPROVED REQUESTED BY LTAC BY BOCC ARTrails of SW Washington ARTrails of SW Washington Open Studio Tour $ 25,000 $20,000 $20,000 Centralia Chehalis Chamber of Commerce Visitor Center $ 150,000 $50,000 $50,000 Cispus Learning Center Operational Costs $ 50,000 $50,000 $50,000 City of Chehalis Shaw Aquatics Center Slide Renovation Project $ 25,000 $0 $0 Discover Lewis County Stewards of the Outdoors $ 184,000 $90,000 $90,000 East Lewis County Chamber of Commerce Staffing for Chamber,Visitor Center,Museum&Train $ 57,000 $40,000 $40,000 Fire Mountain Arts Council(FMAC) Visitor Information&Marketing-FMAC 2022 $ 22,140 $21,000 $21,000 Lewis County Museum overhead $ 28,000 $28,000 $28,000 Lewis County Administration $ 12,435 $12,345 $12,345 Lewis County Historical Society Lewis County Historical Museum $ 45,000 $35,000 $35,000 Mossyrock Area Action League Freedom Festival $ 25,000 $5,000 $5,000 Mossyrock Area Action League Mossyrock Blueberry Festival $ 32,740 $10,000 $10,000 Onalaska Alliance Onalaska Apple Harvest Festival $ 13,500 $13,000 $13,000 Twin Cities Sports Commission NW Sports Hub Equipment Turf Netting $ 100,000 $47,355 $47,355 Veterans Memorial Museum Veterans Memorial Museum $ 35,000 $35,000 $35,000 White Pass Country Historical Society Museum&Events $ 35,000 $33,300 $33,300 White Pass Country Historical Society Packwood Visitor Center $ 75,000 $70,000 $70,000 White Pass Scenic Byway Marketing and promotion $ 195,600 $90,000 $90,000 $1,110,415 $650,000 $650,000 On Nov.9,2021,the Board of County Commissioners(BOCC)provided preliminary approval of the funding amounts outlined above.The figures include an additional $50,000 in lodging tax disbursements above the$600,000 the commissioners initially earmarked. Lewis County Purchasing and Reimbursement Guidelines for Lodging Tax Grant Recipients 2022 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. Please note that your Project Scope must identify the goods or services for which you wish to seek reimbursement. General As outlined in entities' All expense reimbursement claims must, at a minimum, include agreements with Lewis itemized receipts, copies of invoices paid, sample program or County,claims vouchers can marketing materials, and any other documentation to describe be submitted monthly.Claims use of Lodging Tax dollars, as well as an explanation of costs vouchers must be submitted and/or billing invoices. The requestor shall ensure ample by the following quarterly deadlines: information/documentation is included to support individual reimbursement claims. Claims shall include two signatures of First quarter:March 31,2022. personnel authorized by the organization to sign claims Second quarter:June 30,2022. submitted to the County. Third quarter:Sept.30,2022. Fourth quarter:Jan.6,2023. The final claims voucher under this Agreement shall be Contract for Service Agreements submitted to the Lewis County Commissioners' Clerk of the When submitting a claim for reimbursement, a complete copy Board no later than January 6, of the contract service agreement package shall be submitted 2023. 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 Office Assistant Tammy Martin or Clerk of the Board Rieva Lester for further guidance as necessary. 1 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- 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. (For example, the 2020 rate was $0.575 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. 2 Meals 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 that exceeds the maximum per diem rate for that meal (including tax and gratuity) 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 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. 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 Reimbursement Within thirty(30) days of receiving a reimbursement claims voucher that meets the requirements of this Agreement and applicable law, the County shall remit to the grantee a warrant for the approved reimbursement amount. For questions,please contact the Board of County Commissioners' Office at 360-740-1120. 4 ARTRAILS OF SW WASHINGTON TOURISM SERVICE AGREEMENT Lodging Tax agreement: 1 VYlk4' 15 THIS AGREEMENT is made by and between ARTrails of SW Washington ("the ORGANIZATION"), and Lewis County ("the COUNTY"), a political subdivision and municipal corpora of the state of Washington. cV ED JECEIard of County Commissioners WHEREAS, Chapter 67.28 RCW authorizes legislative bodies of municipalities to mpoty L O71 taxes on the sale of or charge made for the furnishing of lodging that is subjecDEttatr pr Chapter 82.08 RCW; and r 1 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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 20,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28, which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of"tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 1 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 I C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): ARTrails of SW Washington c/o Amanda Hanson 403 N. Oak Street Apt. #1 Centralia, WA 98531 360-269-7776 Appro��by the Lewis County Board of County Commissioners in an open public meeting this �� day of Dette 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON ARTra35 of Sw wooknyion• Organization's name, printed Linds y R. Pollock, VM, Chair Authorized representative's signature Sea . Swope, Vice Cha Arnwdu Hansom. Authorized rep.'s name, printed F. Lee Grose, Commissioner Serve .ry of d'rep45 Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] t 2o9 i -rower APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Cereka is o vt/A� 9 55 3/ Organization's city, state, zip code By: Dep. Pros. Attorney /Z/7 f 2( Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board •••COUNTY••• • SINCE ',8: :�; ;1845 � •: •h''roN,sx.".•• Page 8 of 8 RECEIVED Board of County Goners Lewis County - 2022 Lodging Tax - Project Scope County Washington Each project must include a Project Scope. Please note that your Project Sco0 mG t (— reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name:ARTrcvls Op¢,r5-1-,,cL 0 Tour a.nd 2. Date Submitted: ARTra1 is 5i 'ny Expo /2/7/2-1 3. Contact Person / Title:Anatol& 1-lansort/Secrekry Board of arec4oCS 4. Mailing Address: yo3 N. axic & #I C.en4t0J 4.„ WA q85 31 5. Telephone No.: 36o-269-7776 6. E-mail:Flinancict. c a . can 7. Signature of Representative:a,,%I 8. Project Location (city/town)Mutiok,joc4Pons 4ivouyAoJ L.ew3 Can/ a. Name of Event or Activity:pRT,4,Is 5 p tour writ ARTmi 5p603Exp, 9. Statement of Project Goals and •bjectives: To iracrea.Ser 9e0 -(ok.nct. in4eracfioA coot visi'4ors -to Lewis Co *se Sep}ember ope` io Tour ancL The Spiny Ara- EEpo, 4-hrok9h The lase Ci: 4or9e4ec adVef+isinA coot Sc )c.l 10. Project Description: Design, ancL place, acs and, promo}ono( rnake.r ,I5 +o (1.+4ra,c4 v''s0o{s ;o Lew(5 Cowt'y, Tnclwdiny Prin+,elec4ranic-, rack), coot Socks.)medico, aci,a.1 5ernen45. Ot5i9n anc(. pr;n}- 5hje0 Toc r Gu tt5,M+hich inelje aaverksen+e.+45 for Lewrs Co4016 b"sine33c* ukbsi k todG.h5 inchto ni inf rrnccd►'on. with l ocJ9;ny cod e v'l,es. 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 All -6445 receiveol 6{rorn. Lewis Cotiniy w;ll used- -nr rh ,bliciS cLesc'ynec To urx1, welcome, -)oc,riSb -10 Luis Codify ero,+n Mort Then 50mile5 cuaky Tor Tht pwpo5e. or. bksine5.5 or pIa jLse as noted. ,n 24,,b,c)of 3h" RCW, 12. Anticipated Project Costs'552,Oco a. Total County funds being awarded for 2022: $20,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) 0 0 0 Marketing/Promotion Materials 20,000 25, 300 y5,30o Direct Sales Activities 0 0 0 Minor Equipment 0 0 0 Travel/Trainings (list below) 0 0 0 1. 2. 3. Contract Services (list below) 0 0 0 1. 2. 3. 4. Overhead (building rent, utilities etc.) 0 6,700 6 j 700 Project Subtotal: 2o,OUO 32,o00 52,000 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 5ecceef4i5inn I Zo2,t.— Sep ',nbcr Zo 0O0 k�+AAe4len. -Chairna.n. 5 zoZz 1 AbliO4I4J Return completed Project Scope 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©Iewiscountywa.gov 3 RECEIVED Board of County Commissioners Lewis County Washington CENTRALIA-CHEHALIS CHAMBER OF COMMERCE TOURISM SERVICE AGREEMENT Lodging Tax agreement: Visitor Center THIS AGREEMENT is made by and between Centralia-Chehalis Chamber of Commerce ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 50,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion,termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Centralia-Chehalis Chamber of Commerce c/o Alicia Fox 500 NW Chamber of Commerce Way Chehalis, WA 98532 360-748-8885 or 360-269-1952 Approv by the Lewis County Board of County Commissioners in an open public meeting this ^t/ day of December 2021. 21 FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY,WASHINGTON (1wnbev Org niza 'on' name, rinted Of eboir1'le�'ee Lindse Pollock, DV , Chair ) — 7-(31)( ( Au iorized representative's signature Sean Swop , Vice Ch ) 1L1 �I Fa • Authorized rep.'s name, printed F. Lee Grose, Commissioner (p(, ffve_ - -- Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] 4V hnt17 I( 1 ?flVftt APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney (A1e &fL5 Al� 2 J Organization's city, state, zip code SitWLIN\ `eC. 2 021 B . Dep. Pros. Attorney Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board •••.•.•. • • `, -'P OF 9:s$•. • ib �, jg45 , • • Page 8 of 8 Lewis County - 2022 Lodging Tax - Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change th t, E n document, and please be brief in your explanations to fit the PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AG �tangton r� WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 07621 1. Project Name: ?e, 2. Date Submitted: CDztrl : s. rJ)ec. �, zo?.1 3. Contact Person / Tit ,4��i� r, )( 4. Mailing Address:5dahr�/!,� G�c� r' //,' Chet/ ali 5) P107 q( 53-- 5. Telephone No.: 3 b 0 — -i g — g 's 6. E-mail: dire c1ov eh avy/he1.-rcld(/• Pd/w 7. Signature of Representative: 8. Project Location (city/town) ( a /1 S , n a. Name of Event or Activity: / u I,' Spy 9. Statement of Project GIs and Objectives: V erd ,51Ior OeoleK )4 - F 90;,-5Pir el"'4Je 1/f <{v r5 �i 7E 5perlf Aech' 10. Project Description:/po JJ-- �d&SSIr ?Q5� �O 5/51�apKa a � rid G.iendCE Vi srors ,C'e-ti1 ki/ 6v ,a)I /e WU 15 Coles cth / ze . 11. How does proposed project meet purposes of the Legislation? J RCW 67.28.1816 a„..- V/5/ kr Ce n 1 Oh, r- Ce et` La [I * t 1"/5O2 ex -0 e0cc f7I) if-Sfs 12. Anticipated Project Costs: J, c 50(D a. Total County funds being awarded for 2022: $50,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) 5-0Jid() -- q,3o iget,606 Marketing/Promotion Materials Direct Sales Activities Minor Equipment Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: 0,D0D 79,$i /Z_ , SO(J 2 CISPUS LEARNING CENTER TOURISM SERVICE AGREEMENT Lodging Tax agreement: Operational Costs THIS AGREEMENT is made by and between Cispus Learning Center ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 50,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 f Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 1 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion,termination, or expiration of this contract. 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. Page 5 of 8 I C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Cispus Learning Center c/o Chase Buffington 2142 Cispus Rd. Randle, WA 98377 360-497-7131 or 360-827-5567 Approved by the Lewis County Board of County Commissioners in an open public meeting this g/ day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY,WASHINGTON l.—ig pits tut-A.:v.5 Ce.w‘-e� Organization's name, printed Lind y . Pollock, DVM, Chair Authorized representative's signature Sean . Swope, Vice Ch 'r Authorized reep.'s name, printed F. Lee Grose, Commissioner virwjar Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] c Pik Ci Jp��S I fk APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Rated It , � 1 g3 )-? (� Organization's city, state, zip code ` ��1X By: Dep. Pros. Attorney // Ly old otl Date signed Organization rep. ATTEST: Rieva Lester, Clerk of the Board •.•`g COUNry•• y . .- • �,�,eOARD 044,w •• •p�•• `r9• SINCE ;Ca .y,• I�'N .,8 1845 ;': •9 • • • •�,'��i•:ic••O• Page 8 of 8 Lift • Board of County L.onirussioners Lewis County Washington Lewis County — 2022 Lodging Tax — Project Scope NOV 24 2021 Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: , 2. Date Submitted: CirSp, S ceptra+...c�V sirs ///o2�/ 0202/ 3. Contact Person / Title: C/�a s �� ,'w �a,-. / ,�,►-e 4. Mailing Address: 011 Csptis 1U . - 20.61k L✓A qoi ? 5. Telephone No.: ( 3 6 0 ) it 9 7 - 7/3/ 6. E-mail: Irks .or 7. Signature of Repregentative: it/7 8. Project Location (city/town) Rand/( a. Name of Event or Activity: Re5Ide•.-k I art. .e K+er 9. Statement of Project Goals and Objectives: COVer bA5ic pZf'otT rJ C STL 3 4 ".I +4e_ f erq pkc7 pro L 1ow.Ql+,(u�v. (s , �1 %"��P v� Ihol S4-/nGt)h-rS lrayS r e_ c f a,m C0h 1Y en Ce- 'ICJ G14-2. o✓e.rtt' 4t� Gat P ei p er1 e nc� s 10. Project Description: pay tl-k I. zi �✓o , q r A,iratiz.. I kes-rr. , pkJ he & ►h'�"err }r. Cp✓€Y +tA-e (JO- per I 11 - 4—t,o Skf�r visa r 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 - (� 1 S�tOpy�.N� OArr ��'v^c ci'C- -l�,u�(i� - telti�Ce� -iuc� ��+let )4,.ne4or 4Pzia e& b! P\ak prr - 0 r «hi a4�.:,; )ter r"Czu uKder a6 J, S. < . S FC. co ► (� awd 4 JU S� C Sec S (( /4.) 4 fe er. reve ve cade D-C i9S'6 tiS cl -c"ded 12. Anticipated Project Costs: a. Total County funds being awarded for 2022: $50,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) #06i /j 00 Marketing/Promotion Materials Direct Sales Activities Minor Equipment Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) O4.I,I e% (_e Iecf . pw”t , ,',��,Nz+ ��5-10 0 0 pr4pa e_ Project Subtotal: ' .SO ) boo 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 Return completed Project Scope 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 3 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: 2. Date Submitted: Discover Lewis County 12/07/2021 3. Contact Person / Title: Connie Riker, Director 4. Mailing Address: Parks & Recreation, 1909 South Gold Street, Centralia, WA 98531 5. Telephone No.: 360-740-2656 6. E-mail: connie.riker@lewiscountywa.gov 7. Signature of Representative: 8. Project Location (city/town) DNA a. Name of Event or Activity: DNA 9. Statement of Project Goals and Objectives: Promote tourism by marketing tourism and events in Lewis County through various online and offline marketing methods. 10. Project Description: Discover Lewis County markets tourism and events that take place in Lewis County using social media, webs.i , - • tiVrEois and promotional materials which increases tourism wit c IpA �,„ ^ o ers Lewis County Washington EC072 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 This project meets the requirements of RCW 67.28.1816(1)(a) — Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for tourism marketing. 12. Anticipated Project Costs: a. Total County funds being awarded for 2022: $90,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of Cot_iLq Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) $81,000 $81,000 Marketing/Promotion Materials $ 9,000 $ 9,000 Direct Sales Activities Minor Equipment Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: $90,000 $90,000 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 January—December 2022 $90,000 Connie Riker Marketing & Promoting or until funds are exhausted Lewis County as a Tourism Destination • Return completed Project Scope 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 RECEIVED Board of County Commissioners EAST LEWIS COUNTY CHAMBER OF COMMERCE TOURISM SERVICE AketiitPITW yy on Lodging Tax agreement: Staffing for Chamber, Visitor Center, Museum & aih' 2321 THIS AGREEMENT is made by and between East Lewis County Chamber of Commerce ("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 Page 1 of 8 , 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 40,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 i 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): East Lewis County Chamber of Commerce c/o Cynthia Swift P.O. Box 10 Morton, WA 98356 360-496-6086 or 360-797-4300 Approv d_by the Lewis County Board of County Commissioners in an open public meeting this Sr day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON &As} 121_44 s &Ail cl crz�c�ir— �. �?: 4.0/4 Or anization's name, prifited Linds R. Polloc , DVM, Chair Au orized representative's signature Sea . S e, Vice air Authorized rep.'s name, printed F. Lee Grose, Commissioner Authorized representative's itle Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Organization's city, state, zip code i AtALM44 : Dep. Pros. Attorney Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board Page 8 of 8 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the o vE document, and please be brief in your explanations to fit the s 11briers PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREBUE • gton WILL BE USED TO VERIFY PROJECT EXPENDITURES. DEC 09 2 1 Project Submission Form 1. Project Name: 2. Date Submitted: r 1 11 roUYI Sfatr�i n�. �... ?-f'k , 2_02_t 3. Contact Person / Title: 4....1n3h,A Sw;f+ al,�o i nl-p b� ,F;rc1 rt 4. Mailing Address: tv- 'Pox' 10 , ✓Y1 or-i-o n, t o A • 183549 5. Telephone No.: -2)(pc) t.j.1 to ( op'3(o 6. E-mail: t'_1ncan la e it (e_w i, • cc m 7. Signature of Representative: % j\ _ 8. Project Location (city/town) yyj p/,,I-L, - a. Name of Event or Activity: 5+ e, (-Firwr 9. Statement of Project Goals and Objectives: pv.,- � DCAI "1 5- s }hA,v e 4 pa ci rnembe ittk C OtitZ ft! er Va)AtsA i6tDvi o�it. � ViSi�o✓ &A—ler f YVIvoeuni to4dfect cx.f Vitt Ave, in I'Ylor fan , y e r racer)all c r 1 4-►,Me. Tka- ehaw►1sr o p R ec J vwF of -1-1-• e VI 5 for ce v►+e-se, Oknoi on-1-)4-e 44.tx GkA yet be v' i s L),f e pt i ).1 r 5 lv v c cc_P 5 o4•e W i 11 s.k.c-t -I41.0 V i 5 i•l a(Ge v1 tee O t l 1 4I wkc0 10. Project Description: ,r-e o nall,4 hkv i rtoy c` live_ PtNSPYI On $; caYee+ visitors, help 1,0141.1 -4e•Avet OtOl4.i1 I pow► e -Fok v; w► I✓1 Eets+ eou v1 _1• �J 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 a` I oYQ- pe-Ysoi '-11, 5 pQa d1 11 )-,1 O�a-"l-ke✓ t irv(b, Arlo( Weer on -top o f s oc.,a yv��o?,c�(J Ipps S i 11 .t-t h€lp 4or✓'P.a .CA v►si*ors ‘11A .vex 5eA 1 e o� Elea vol• Mak��� a re4erw-ls, a ►� tog ii eou s-fiv5,ap) c'WAY( kurci rovyv�s v e Alt very Alpo )�4- -h yL +6• 12. Anticipated Project Costs: 5b,dtt� a. Total County funds being awarded for 2022: $40,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) I-1 b, DOD 4-4Di D00 Marketing/Promotion Materials ,z;tr, a,of Direct Sales Activities Minor Equipment Travel/Trainings (list below) 1, uvv 1,0br) 21 ono I P MM me.a?Ic� 2. Chamkr WetAIS 3. o'(ey /Yl e6 et( Wdi/ Contract Services (fist below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: 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 ti fall, Oh I II 414,i5 - ire yleli h ei hl•Et na ? o A Y►/e14.042.Q/r5, 41A-z v'LZ 5 e_hee e of ec,e ✓eat4 • ��J.7D 2Z. Return completed Project Scope form to: Rieva Lester Lewis County BOCC. Rm. 210 351 NW North Street— 2nd Floor Chehalis, WA 98532 Telephone: 360-740-1419 email: Rieva.Lesterlewiscountywa.gov 3 FIRE MOUNTAIN ARTS COUNCIL TOURISM SERVICE c..'. o ii� l� Commissionets Lewis County Washington Lodging Tax agreement: Visitor Information and Marketing 9EC 06 Z 1 THIS AGREEMENT is made by and between Fire Mountain Arts Council ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 21,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 7 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 V 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, 2022) 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. 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. Page 4 of 8 I 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 V C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 ( 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Fire Mountain Arts Council (FMAC) April Doolittle & Martin Fortin P.O. Box 781 Morton, WA 98356 360-496-0541 or 360-219-8648 Approved,by the Lewis County Board of County Commissioners in an open public meeting this e1/ day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY,WASHINGTON Ft 111 U(r) I-a l 14 r a nci 1 <�< � } �1 •���1//yl Organization's name, printed Lihd y R. Polloc DVM, Chair g c7 A ` horized representative's • ature Sea D. Swope, V' e Cha' /c.7 'C'a- v� Authorized rep.'s name,'printed F. Lee Grose, Commissioner P-' ; / GJi/i Z� Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] t % f ��1 , , _ 33 VL�� Main n /9 e APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Organization's city, state, zip code y: Dep. Pros. Attorney /V2 , ), v'o / Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board �`SCOUNTy�•• • << 'OOARD ; .4., 2• .< SINCE ;o•• • ;`�'• a 1845 �,,z; ••�:�T6t's ° . Page 8 of 8 Lewis County—2022 Lodging Tax— Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: 2. Date Submitted: Visitor Information & Marketing— FMAC 2022 December 1, 2021 3. Contact Person/Title: April Doolittle & Martin (Marty) Fortin, FMAC Board Members 4. Mailing Address: Fire Mountain Arts Council P.O. Box 781 D�. � Morton, WA. 98356 ,_�l� 5. Telephone No.: 360-496-5599 (April); 360-791-0387 (Marty); V!. • � '1 0!' : ' @ .,,. LGallery) ..of � +ns c6. E-mail: april.doolittle gmail.com_fortinm71gmail.com a jwDEC or, 7. Signature of Repc entative:_ C DEC D 0 6 2021 8. Project Locatio( (city/town). Morton a. Name of Event or Activity: N/A— Many events 9. Statement of Project Goals and Objectives: Serve 9,100 patrons, including 1,500 tourists, with 30 live performances plus 51 first-run movies 216 days/evenings during the year and with visitor information and shopping opportunities at the BCJ Gallery 208 days/year. Marketing to visitors, visitor information services, BCJ Gallery fine-art viewing/shopping, and events, movies, live theatre will engage visitors, enhancing and extending their stays in Lewis County. 10. Project Description: (Adjustments may be made due to COVID) Fire Mountain Arts Council (FMAC) will promote live theatre performances, events, movies, fine-arts viewing, and shopping plus provide visitor information services through: • Newspaper ads, press releases, dissemination of 6,000 postcards & 420 posters • MortonRoxy.org website, weekly& monthly e-blasts, regular posts and ads and regional cross posting on Instagram and Facebook • Puget Sound area radio spots, radio PSA's, events on community calendars • Morton's digital sign on State Route 7, two sandwich boards w/ large posters • 6 new microphones that comply with current FCC regulations • Partnerships. Promotional Roxy merchandise • BCJ Gallery and visitor information services 208 days from 11 am to 4pm 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 Marketing to visitors, promoting and offering events that enhance visitors' experiences and extend their stays, meets the purpose identified in (1)(a) "Tourism Marketing" and (1)(b) "Marketing and operations of special events...to attract tourists." Visitor information services and BCJ Gallery meet purposes in (1)(d) "Supporting the operation of tourism-related facilities owned or operated by non-profit organizations..." 12. Anticipated Project Costs: $71,564 (including $32,744 in-kind) a. Total County funds awarded for 2022: $21,000 13. Project Cost Analysis Planned Project Budget (Adjustments/reductions likely to be made due to COVID) Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) 11,501 36,509 $48,010 Marketing/Promotion Materials 7,099 11,655 $18,754 Direct Sales Activities Minor Equipment 2,400 2,400 $ 4,800 Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: $21,000 $50,564 $71,564 2 14. PROJECT WORK PLAN List the tasks, cost and timeframe, Name individual(s), consultant(s), and organization responsible for the project. Table Ill (Aspects of project funded specifically by Lodging Tax Funds) Tasks Timeframe-Dates Estimated Cost Responsible Party/Name Print: Create graphics, print, Year round $3,508 Ashley Nelson and FMAC mail, and disseminate Roxy volunteers: event coordinators event/seasonal postcards, and Marketing Committee, event posters, sandwich Sarah Hartman, Chair board posters Web pages: Update, Year round $1,680 Annalee Tobey, Ashley Nelson, including technical updates, Brent Dickinson and FMAC and manage FMAC websites volunteers: Marty Fortin and photos.google account (photos), event coordinators, and Marketing Committee. Social and Email: Create Weekly and $5 297 Ashley Nelson and FMAC and manage FMAC monthly volunteers: Jessica Scogin, Facebook and Instagram Marty Fortin (photos), event content through posts, coordinators, and Marketing shares, and cross-posts of Committee. events county-wide. Create and send Mail Chimp weekly emails and monthly e- newsletters. Expand recipient list. Visitor info: Coordinate Year round, 4 Linda Wood, Elysa Ray, Sarah tourist information services, days/week. $6,115 Hartman, April Doolittle (FMAC staff BCJ Gallery/gift shop, volunteers), and Bonnie and provide tourist McBride (gallery staff) information Radio: In conjunction with By August 1, 2022 FMAC board members Sarah DLC, run spots on public $2,000 Hartman and Fred Schwindt radio in the greater Puget Sound region. Equipment: Purchase 3 new By April 31, 2022 $2,400 FMAC board members Fred lapel mics whose signals Schwindt comply with current FCC regulations. Total: $21,000 Return completed Project Scope form tc- Rieva Lester Lewis County BOCC. Rm. 210 :51 NW North Street—2n° Floor Chehalis, WA 98532 Telephone: 360-740-141 email: Rieva.Lester(c�iewiscountywa.ao' RECEIVD LEWIS COUNTY HISTORICAL SOCIETY TOURISM SERVICE SL�I� W� Lodging Tax agreement: Lewis County Historical Museum SEC 08 al THIS AGREEMENT is made by and between Lewis County Historical Society ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 35,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of"tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Lewis County Historical Society c/o Jason Mattson 599 N.W. Front Way Chehalis, WA 98532 360-748-0831 or 360-669-6372 Approved y the Lewis County Board of County Commissioners in an open public meeting this �5.r day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON I 1 �2u11S CownAl 63 0‘"kcA 5d0i( Or:,anization's name, printed Lindse . Pollock, DV , Chair VtL4 .L''A A thorized representative's signature Sean D. wope,Vice C air 5c t" KA.°V\ PK,ee Authorized rep.'s name, printed F. Lee Grose, Commissioner Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] 5 1cj, Wny APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Cyk/u26J iS, J J 9 853 Z Organization's city, state, zip code O 16 A\(\ J�\� t 62( By: Dep. Pros. Attorney Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board •sCOOUNT'•• • •o, •W;' S(NCE -i: . 'c 1845 -)- • , • 9 � _ •J. CbMM�s ' •y%PONS1S' •9•• Page 8 of 8 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not i . / • Ipl r 1. f this document, and please be brief in your explanations to fi •j • 1 V V/\V L 14 V I V 11 4.; (1 I I V V V V V I Y I I..:I Y I Y Y I LL ✓V I f V.✓ 1 L. 1�1 0� n...' Sihshigi r: WILL BE USED TO VERIFY PROJECT EXPENDITURES. ):►EC 08 21?i Project Submission Form 1. Project Name: 2. Date Submitted: Lewis County Historical Museum 12/8/2021 3. Contact Person I Title: Jason Mattson- Executive Director 4. Mailing Address: 599 NW Front Way, Chehalis, WA 98532 5. Telephone No.: (360)748-0831 6. E-mail: director@lewiscountymuseum.org 7. Signature of Representative: 8. Project Location (city/town) Chehalis a. Name of Event or Activity: Lewis County Historical Museum events 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 Chehalis Flying Saucer Party, Pioneer Pie Social, and Blueberry Pancake Breakfast will bring new people to the area who will lodge, shop, and dine locally. 10. Project Description: Facility operations will keep and maintain a working staff, properly curated displays, and storage of historical artifacts for the enjoyment and education of visitors. The Chehalis Flying Saucer Party will be a two day event bringing speakers, vendors, live music, and entertainment to downtown Chehalis and Lewis County. 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 Facility operations will keep and maintain a working staff, properly curated displays, and storage of historical artifacts for the enjoyment and education of visitors. The Chehalis UFO and Mythology Festival will be a one day event bringing speakers, vendors, live music, and entertainment to downtown Chehalis and Lewis County 12. Anticipated Project Costs: $130,000 a. Total County funds being awarded for 2022: $35,000 13. Project Cost Analysis Project Budget Column A Column B Column C Column D Item Use of Coun Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) 20,000 38,000 58,000 Marketing/Promotion Materials 5,000 15,000 20,000 Direct Sales Activities 500 500 Minor Equipment 8,000 8,000 Travel/Trainings (list below) 1.Museum conference 540 540 2. 3. Contract Services (list below) 1.Accountant 4000 960 4,960 2.Event Space 3,000 3,000 3.Speaker Fees 3,000 3,000 4. Overhead (building rent, utilities 6,000 26,000 32,000 etc.) Project Subtotal: 35,000 95,000 130,000 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 Jan. 1- Dec. 31 18,000 Jason Mattson/Director Facility Operations Jan. 1- Dec. 31 500.00 Jason Mattson/Director Visitor Center July 2022 500.00 Jason Mattson/Director Pioneer Pie Social July 2022 600.00 Jason Mattson/Director Blueberry Pancake Breakfast September 2022 4,000 Jason Mattson/Director Chehalis Flying Saucer Party Return completed Project Scope 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 3 MOSSYROCK AREA ACTION LEAGUE TOURISM SERVICE AGREE MR f`C 'IVED Board of County Commis Lodging Tax agreement: Mossyrock Blueberry Festival Lewis County Washington 0g( h THIS AGREEMENT is made by and between Mossyrock Area Action L ue e 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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 10,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 IF Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 I 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, 2022) 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. 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. Page 4 of 8 r 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 I 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Mossyrock Area Action League—Mossyrock Blueberry Festival c/o Randall and Chris Sasser P.O. Box 714 Mossyrock, WA 98564 360-983-3956 or 360-983-8052 Approved_by the Lewis County Board of County Commissioners in an open public meeting this 02/ day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON fitt6G.1 ki.tv 1-eabba Organization's name printed C Linds Pt Pollock, DVM, Chair efitead hOdzi/ Authorized re esentative's signature Sean . Sw e, ice QaMda1I 4,6%-r Authorized rep.'s name, printed F. Lee Grose, Commissioner V I0)111-►I CUL Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] D� hu%-ilreek Rd ID • APPROVED AS TO FORM: Organization's/street address Jonathan Meyer, Prosecuting Attorney } 53L1nJ(, W4- Organizatihn's city, state, zip code ZlY / ' efPros. Attorney Plaf/iet;2 Date signed by Organization rep. ATTEST: ,. ``_ K, Rieva Lester, Clerk of the Board ••��S COUNTy••• • v0.BOARD OF• J,'• •Oo,' `1, � •• 4 SINCE `; • 1845 �,•c: '• C7iDV_ C••• • Page 8 of 8 RECEIVED Board of County Commissioners Lewis County Washington Lewis County — 2022 Lodging Tax — Project Scope 09 Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change t ��VED this document, and please be brief in your explanations to fit the spa PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. DEC 0 9 2021 Project Submission Form LEWIS COUNTY BOARD OF EQUALIZATION 1. Project Name: 2. Date Submitted: N lab e�t 1 >ivc t_ 048 3. Contact Person / Title: a/Yldall ("h ri6 scisyer 4. Mailing Address: ,r Po. ae , I`f `� loos ►� , �� q gs� 5. Telephone No.: 3(4 g3 --805a- 6. E-mail: kylcaallal berr s i►�a r ra i , eom 7. Signature of Representati e: 8. Project Location (city/town) f 40 5sq . a. Name of Event or Activity: Oj i `vzL_C 9. Statement of Project Goals and Objectifies: Hake, pzelle, 0,8mm -I-0 OuMJ ak- &Y�� u�. b l u�b� ktarks-- tri-LF d .. L -f err) d � - -�WILM lAt- Q 10. Project Description: r ' al vM1 rs m litS e) brrj 11. How does proposed project meet purposes of the Legislation? RC W 67.28.1816 21-'1111Molt- I (3ec s 12. Anticipated Project Costs: 67/ 7 ,00 a. Total County funds being awarded for 2022: $10,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) ,,g" Marketing/Promotion Materials $',55aDi (Qi ODOR 4.6/ Direct Sales Activities ,,,� g &OW Minor Equipment .,,0" sow so OO Travel/Trainings (list below) „)0 ' 1. 2. 3. Contract Services (list below) 1. n-V' 0,1/( 5 t'-kC: es a��S J' ,/sz�i 2. P�r-Fa, Pais i'cvash s O ,57)-0 A Szlo /deti lrrlgr 4 00 55 l©. O66 4. '-C. cvc+r 40240 Overhead (building rent, utilities etc.) Paitr- I 5 DO 10c(46t I,5P,1t1-t!i.pikelciloot I5©0 Project Subtotal: ( -/0/boo 117,740 57/(Igo " 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 Ali 6t 4i) 6*Kirti41446-itea dons ' ht) ebbr r)64‘t hi:howl/1, `4 . 6Z1 d,g — -I matte, ' butiVet.ed todk °mama Alt/zmz +kiprZ !iS • MR, t.toinA4is w-tit-OLL 61-4-rmt oba-}1-a4L *my 60-1/w paa dar Return completed Project Scope 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(c�lewiscountywa.gov 3 i MOSSYROCK AREA ACTION LEAGUE TOURISM SERVICE A IEIVED Lodging Tax agreement: Freedom Festival DEC 0 9 2021 THIS AGREEMENT is made by and between Mossyrock Area Action Lea ue "the ORGANIZATION"), and Lewis County ("the COUNTY"), a political suj�8i�rjaj��' �� h corporation of the state of Washington. ti AKK��u 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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 5,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion,termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 7 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Mossyrock Area Action League—Freedom Festival c/o Randall and Chris Sasser P.O. Box 714 Mossyrock, WA 98564 360-983-3956 or 360-983-8052 Approved by the Lewis County Board of County Commissioners in an open public meeting this 01/ 511.-- day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS (� / � A_ LEWIS COUNTY, WASHINGTON i:6%10 Of A. int I-gaal,CL-, Or aniz tion's naprinted Lind e Pollo k, DVM, Chair g Y i6 At/ a.1 ,,i,/ Authorized epresentative s signature Sea D. Swope, Vice Cha. , dQ.tl J-: 6cscr � Authorized rep.'s name, printed F. Lee Grose, Commissioner c flcuiLirytit_ Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] • iS O Hocslivoek Rd, 63 . APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney tiO6 1AJ 4 9 n5 4 , Organization's city, state, zip code 1\1\ !,Q, : Dep. Pros. Attorney /) `OVA Date signed by Organization rep. ATTEST: '"fr6e4-‘1-e- /e--/° Rieva Lester, Clerk of the Board • • .•��S000 T• • V�'•BOARD; tt•• • fit' YJ!• ‘,y• •�Sc',' SINCE fbniv,is\ „c�• • • s"0°6 Page 8 of 8 • Lewis County - 2022 Lodging Tax - Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement reque P,�o_ject� Scope must reflect the uses you presented in your original applic- '�1 - - VIE D � preliminary funding approvals were based upon. Please do not change Ji 'I' Githissionem document, and please be brief in your explanations to fit the space :10641fdlickton PLEASE NOTE THAT IS DOCUMENT WILL BE TIED WILL BE USED TO VERIFY PROJECT EXPENDITURES. TO THE AGRE f�'S2 21 Project Submission Form 1. Project Name: witrvn re f r V a-p 2. Date Submitted: 3. Contact Person /Title: PIe 5G{S � 4. Mailing Address: P.O. edit 1'4 Dossy rick, WA- ggo`i 5. Telephone No.: 36,0 -S70. oZ 6. E-mail: Mcto ibitiLberr 4C.s�(vo-i , COn ' 7. Signature of Representative! aiiL .4AW 8. Project Location (city/town) ` ?'l /v(;,� a. Name of Event or Activity: ka40-yr) 9. Statement of Project Goals and Objectives: Co-wair 12/OpL, -- dz 'rt &lc, ; r riteam '54-ioal. -.4P-uum16°-' 4621°11- pprtkL - aiurui2i /106yiL eL 10. Project Description: Fvceduni 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 I! ,, 8ect� � a � 12. Anticipated Project Costs: ©QQ pc a. Total County funds being awarded for 2022: $5,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) !�' Marketing/Promotion Materials 00, DO / f5,JO Direct Sales Activities g6-0 xxi Minor Equipment ADD a(07,6 Travel/Trainings (list below) ,8? 1. 2. 3. Contract Services (list below) 1. eh-tfitiult1, liON• g506 2. 3. 4. Overhead (building rent, utilities etc.) Pates- r2Q44,4AL lutatta 11s&o Project Subtotal: f566.6,1r0 � /= 2 14. PROJECT WORK PLAN List the tasks, cost and timeframe, Name individual(s), consultant(s), and organization responsible for the project. Table III Tasks Timeframe-Dates Estimated Cost Responsible Party/Name 1 To vito 05-t') btLCboath eu i,2+ bab Ls, _eke MagieJ441 ) P_aeAc4- p eco-6 limt 42/(nhas-fy. ClUIA-Li 61.--6 iotiatf ttiD[ass . ra n ���� � l 5n— PAPALM�rvt�isP F1wm b vYtt ywzL pancr Return completed Project Scope 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 3 RECEPVED Board of County commissioners Lewis County Washington ONALASKA ALLIANCE TOURISM SERVICE AGREEMENT DEC 09 izo Lodging Tax agreement: Onalaska 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. 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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 13,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 r Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 1 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, 2022) 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. 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. Page 4 of 8 r 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Onalaska Alliance c/o Cathy Murphy 205 Burchett Rd Onalaska, WA 98570 360-978-4115 or 360-520-3659 Approved by the Lewis County Board of County Commissioners in an open public meeting this (9•1 day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY,WASHINGTON buaAliat 7e. r.4rtii/1 Organization's name, printed Linds Pollock, DVM, Chair ) ( ("1-4 /Lir dAuthorizpresentative si na re Se n D. Sw a, ice C it M Authorized .'s name, printed F. Lee Grose, Commissioner but.44:4,p/unt) Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] • APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney Organization's city, state, zip code ,L y: Dep. Pros. Attorney Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board • •••••• •O. •��• :Qy SINCE 10 ;z: •••', 1845 Is coms`o:, •• ••TON::••• Page 8 of 8 4 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, a ' , ,:��� preliminary funding approvals were based upon. Please do not Chang; -0 � , •� .rs this document, and please be brief in your explanations to fit the sp �;, •;=,;., . . on PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGRE A r B WILL BE USED TO VERIFY PROJECT EXPENDITURES. DEC 09 Project Submission Form I 1. Project Name: 2. Date Submitted: i Onalaska Apple Harvest Festival 12.9.21 3. Contact Person / Title: Cathy Murphy, Chairperson 4. Mailing Address: 205 Burchett Rd, Onalaska, WA 98570 5. Telephone No.: 360-520-3659 6. E-mail: urphytf@tds.net (f Lt1 Il4j 'F 0 ids, i e / 7. Signature of Repres tive: I 8. Project Location (city/town) Onalaska, Washington a. Name of Event or Activity:Apple Harvest Festival 9. Statement of Project Goals and Objectives: Promote tourism throughout Lewis County Promote economic development to local businesses and Lewis County, Provide opportunities to experience rural lifestyle and agriculture, promote recreational opportunities 10. Project Description: Apple Harvest Festival is a three-day event promoting the rural lifestyle and agriculture of our area and Lewis County. Experience and events are planned around this theme. 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 Apple Harvest Festival promotes tourism by providing visitors with many activities through a full weekend to ensure that travelers sttay in local lodging to participate. 12. Anticipated Project Costs: $19,950.00 a. Total County funds awarded for 2022: $13,000.00 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 7000.00 Materials Direct Sales Activities Minor Equipment Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. Flaggers for parade 1500.00 2.Farm Tour promotional 4000.00 video 3. Farm Tour Design $500.00 4. Overhead (building rent, utilities etc.) 4 Project Subtotal: 13,000.00 3 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 Parer/ Name EvEvent Guide August $5000 LTAC Printing Printing of Posters August $1000 LTAC and Rack Cards Farm Tour July/August $500 LTAC Design Apple Harvest October $1500 LTAC parade flaggers Farm Tour video October 4000.00 LTAC Facebook Ads September-October $1000.00 LTAC Return completed Project Scope 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 4 RECEIVED Board of County Commissioners TWIN CITIES SPORTS COMMISSION TOURISM SERVICE 41Washington Lodging Tax agreement: NW Sports Hub Equipment, Turf, g tii49 } � THIS AGREEMENT is made by and between Twin Cities Sports Commission ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS, 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 $ 47,355.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28, which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter: June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter: Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 t 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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 Page 6 of 8 s 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Twin Cities Sports Commission c/o Sandra Wing P.O. Box 577 Centralia, WA 98531 856-236-3156 5eAppro b the Lewis County Board of County Commissioners in an open public meeting this day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON otn eau.s Ser s co,nm,ssi ,/ n- , ova Organization's name, printed Linde. Pollock, DVM, Chair g Authorized repres kative's signature S a D. Swope, Vi Chai a��w y -7.- Authorized rep.'s name, printed F. Lee Grose, Commissioner Page 7 of 8 execuJC r6 Dkredrie Authorized representative's title Po /bdX 5.77 70/ Q1kn e APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney [SIGNATURES CONTINUED ON NEXT PAGE] d4/-tha4 ti Nil 98531 Organization's city, state, zip code toitc\O : Dep. Pros. Attorney / ,8./202/ Date signed by Organization rep. ATTEST: / leiGfge/O Rieva Lester, Clerk of the Board •b�vf;-gOARpO �yJ,• • •W;" SIN yn , SINCE • •' 184 'or Page 8 of 8 Lewis County - 2022 Lodging Tax - Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not chan• • fb --LLLL1-41 this document, and please be brief in your explanations to fit th;•. ; ;, •r d � 0 PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AG' �,: �,�„ , ►� Sty rs WILL BE USED TO VERIFY PROJECT EXPENDITURES. DEC 09 2 71 Project Submission Form 1. Project Name: Twin C.4tis SporFs CornvrussiU� 2. Date Submitted: N W S po r-F-s 1-1 u-b -Egsuceme nt i z Jzozi 3. Contact Person / Title ��,,,� W kny 4. Mailing Address: fo X 5-77 Caen-frai,L W A 478631 5. Telephone No.: 366 - 563- 4533 d - SSG-2.36--315(o 6. E-mail: S4nd� Spores Cape•-o I n orAiwest• on 7. Signature of Representative: . v`'J 8. Project Location (city/town) Oen t, Wp a. Name of Event or Activity: 9. Statement of Project Goals and Objectives: • h' crea5'� � mr7" tt-rna -c 5/Ze "Oier��ai M t> 40oris /b �y Gt�f�lLGn� a-nd inevjrc rinuri✓c e ac ldt,;,01-ou-rrarner f u 34 400 &,' ad7 10. Project Description: Pureka s . efiA cS lrn A�� ettiept area_ Ord beotivi, eats on-• lAez Zaauru rfrtatIV 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 twi'ea cs S9013-{ourisrn aizaipeople cor•uru,y 61 l/`n,, hz !-.e`vis C/town& 4i larger -/-o ainenis. 12. Anticipated Project Costs: f2a0 D0O ca a. Total County funds being awarded for 2022: $47,355 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) Marketing/Promotion Materials Direct Sales Activities Minor Equipment 41 365,d D g01141103 /371$/9.93 Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) Project Subtotal: + yt1 3 `7o stg0,4 q,93 #/3718)9•613 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 Veridar = (;P D Porgy bc, bcKlielbat 4Itop 0614x r 2.021 351066,80 Twin O.4tis *Y-15 Conmnetaslan vendor = ETD Natnftunf bI►dulball Dec2U1-1 \Jan 2io2 130,301• c 4 s5porfseawwtsslar, Val AO( Uollan.wx Sfor4-Stnr pce Vdrts-N,u4 '01\01-5 \kun 2 U22 4 Z51 I W,2N Twun C Seorg, Nytt u o. 'W Colt 1\le{s r Ve�dvr = �� Fa) 20A +2120.62- Twtn �s� 8)90 s (!onimi%fin f evldo{ (:l'w154c.nsen C Tuv F R-b 2.022. A. b N20,6 �/�.� works -734, 7 a ent s Semis diir uru ),,,.._ VtNdor = I/oitapoit.0 us/4 11o6kjc m' 5k ra15 Jan 2622 2(0,204 .°4 -T Stieds e , ss, Vendor- EP p 1 ku4GKrs Ja-n 202 2 412, 024.7V TPA:" d4:143 S,oei is evm.,niss,{,. Vendor. Ivi (brt31 Picl4lcbzL Ne-15 Jai 2022 ),772 '7 T e;,e, acerb-As Vindor 15a Reid if-7 die kn.9 !M1141-owf (oI,417,38 GccnefCrry -Wi/Inor+'n Return completed Project Scope form to: Rieva Lester Lewis County BOCC. Rm. 210 351 NW North Street — 2nd Floor Chehalis, WA 98532 Telephone: 360-740-1419 email: Rieva.Lesterc lewiscountywa.gov 3 VETERANS MEMORIAL MUSEUM TOURISM SERVICE AGREEMENT Lodging Tax agreement: Veterans Memorial Museum THIS AGREEMENT is made by and between Veterans Memorial 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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS, 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 $ 35,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28, which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter: June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter: Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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 Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): Veterans Memorial Museum c/o Charles "Chip" Duncan 100 S.W. Veterans Way Chehalis, WA 98532 360-740-8875 or 360-304-0285 Approved by the Lewis County Board of County Commissioners in an open public meeting this 81-- day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON argrAA/S 7I)?DIQ/A�- i�S`JW-� inf1 i� if j/1///,,i Organization's e, printed Lin ey R. Pollock, D M, Chair Authorized representative's signature Sean . Swope, Vice Chair (AlAsL8s Zv/VAAA/ Authorized rep.'s name, printed F. Lee Grose, Commissioner Page 7 of 8 Authorized representative's title /on S& VeTisizoms RA.1 APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney [SIGNATURES CONTINUED ON NEXT PAGE] t1zs R905 city, state, zip code qAtAMMK y: Dep. Pros. Attorney /t/Z ��-1 Da ¢sig ed by Organization rep. ATTEST: • • C OUNTy•. �',00 A RD diss • •0 SINCE ` �•• Rieva Lester, Clerk of the Board .W� • • a 1845• .• CToN;s\4`C• Page 8 of 8 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Nam,Ae,:J 2. Date Submitted: V4bnANs fifeh/GV2./AL 3. Contact Person I Title: CNAac.+rs `0N11," D/YcANi iThPrzerlare- 4. Mailing Address: /aa sw VeranAna OVA/ RECEIVED cAeriAus IVA 478552- Hof Countyuv st Commissioners 5. Telephone No.::: 9-747—g375 6. E-mail:/N>=O&I/6Ts20WS/'YIUSso/d.j'G NOV 30 Uzi 7. Signature of Representative: 8. Project Location (city/town) CNENA€J s a. Name of Event or Activity: V /w3 /?/ , IAL Mush-o, 9. Statement of Project Goals and Objectives: Aio AMo "RasC .ve T14 s &ra¢/65 OP viz/cow-1 /457- edIS sb-)-tv p >N AcsTR 1 a aNb 7'AJrmu�noar A ys cm X/ si ni/ sa T 1JA7. 7ii y SIOA c.t- . / Fo1 e7r 'A `i 10. Project Description: 7fl P12t?r►n7r5 Amo {}tpANID AMP Mtn ONQL 7OU ,5fit, 70 Lef.WS COvNT'1 WziNIGM 46 Si 67(16 Amo tAicy aPapAnoivr ofi 7Xis ['5r dlvs , V&fl ,oz //Vssu 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 ovrasm MAiUc)b -i w . s P 'Ac. &fis Amo Cl7avriPaivs v/= A Tove1Spt RELATEb / c/tilt/ 12. Anticipated Project Costs: a. Total County funds being awarded for 2022: $35,000 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) G54000 000 Marketing/Promotion Materials 3000 233,000 6r5,©°C Direct Sales Activities gloat) Z506 0 Minor Equipment 6i0C)0 6 I00 Travel/Trainings (list below) 1. 2. 3. Contract Services (list below) 1. 2. 3. 4. Overhead (building rent, utilities etc.) 700 617V Project Subtotal: 15,00O 2D4 700 :701) 2 14. PROJECT WORK PLAN List the tasks, cost and timeframe, Name individual(s), consultant(s), and organization responsible for the project. Table III Tasks Timeframe-Dates Estimated Cost Responsible Party/Name Tivivr A006/2 37A/G7- TAN- Dec 2 -Z. 9,000 A+2c o" Di1c4U SoaAc.I'yl&lA Aov. JA+v -J6C- ZoZ2 I, 500 41AGA'Z., ii ApV. � ott 20z2_ /7000 7jo,v- 176c-Z022- .��Ott' If ►RAD/o � �_DEG20ZZ /I,000 CTAs cbYz. 500 ,& 6r' 207.2. 9, °CVD c/o& SNOW Ate(-- Oct 20zZ 9 00 1/GrvaAN s Ev r 11Mi zc -- D6 c 1Q22 5,000 '► / S Ai v Qr 7-022. 6)500 Return completed Project Scope 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(c lewiscountywa.gov 3 WHITE PASS COUNTRY HISTORICAL SOCIETY TOURISM SERVICE AGREEMENT Lodging Tax agreement: Packwood Visitor Center THIS AGREEMENT is made by and between White Pass Country Historical Society ("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 70,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of"tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion,termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): White Pass Country Historical Society—Packwood Visitor Center c/o Martha Garoutte P.O. Box 958 Packwood, WA 98361 3 F 360-496-1519 Appr ved by the Lewis County Board of County Commissioners in an open public meeting this I day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS 14/f I }SASS CouArrR`; If/STORMAk LEWIS COUNTY, WASHINGTON SOCAeTv- PACitt oot V ,7 ReaNIF Organization's na e, printed Linds y k. Pollock, DVM, Chair Authorized representative's signature Sea Swope Vice Cha YEA RTH,4 CA RDtTTE Authorized rep.'s name, printed F. Lee Grose, Commissioner TA CA () RC. Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] B to ` 5 APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney TA 0—k-We,a VO q 3/W. Organization's city, state, zip code , Nkri\ : Dep. Pros. Attorney l / .9/ � Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board 6••‘s courvTy•. �yQ,eO A Rp di,wy'J.•• ••o, . ;w;' SINCE t • CA i8, 1 $45 ;; Page 8 of 8 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: White Pass Country Historical 2. Date Submitted: Society - Packwood Visitor Center 11/29/21 3. Contact Person / Title: Martha Garoutte - Treasurer 4. Mailing Address: PO Box 958 Packwood WA 98361 5. Telephone No.: 360-496-1519 6. E-mail: garouftemartha@gmail.com 7. Signature of Representative: a44 5giceA.A6frtelz._ 8. Project Location (city/town) Packw od WA a. Name of Event or Activity: Operation of teh Packwood Visitor Center 9. Statement of Project Goals and Objectives: The operation of a visitor center in Packwood that will promote tourist activities through out all of Lewis County, by assisting visitors year round. 10. Project Description: Operation of a year round visitor center, with a variety of materials, such as maps and updated event schedules, Wi-Fi access and current local information. 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 By Providing a tourist related facility with local expertise and hospitality, operated by a 501c3 organization. 12. Anticipated Project Costs: $72,000 Board of County CD rs a. Total County funds being awarded for 2022: $70,000 Lewis County Washington DEC 012621 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) $50,000 $0 $50,000 Marketing/Promotion Materials $3,100 $0 $3,100 Direct Sales Activities $0 $1,000 $1,000 Minor Equipment $1,000 $0 $1,000 Travel/Trainings (list below) $0 $0 $0 1. 2. 3. Contract Services (list below) 1. Payroll Services $1,300 $0 $1,300 2. Web Design support $ 200 $0 $ 200 3. 4. Overhead (building rent, utilities $14,400 $1,000 $15,400 etc.) Project Subtotal: $70,000 $2,000 $72,000 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 Responsible Timeframe-Dates Estimated Cost Partv/Name Visitor Center Staff and Drop in Activities Daily Volunteers Visitor Center Staff and Face Book Daily Volunteers Visitor Center Staff and Web Site Daily Volunteers Visitor Center Staff and Staffing the Visitor Center Daily Volunteers Administration Monthly Historical Society Treasurer Marketing As Needed Volunteers Visitor Center Staff and Direct sales Daily Volunteers Miner Equipment Purchase As Needed Historical Society Treasurer Contract Services Monthly as needed Accountant or Web Master Return completed Project Scope 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 3 WHITE PASS COUNTRY HISTORICAL SOCIETY TOURISM SERVICE AGREEMENT Lodging Tax agreement: Museum operations and events THIS AGREEMENT is made by and between White Pass Country Historical Society "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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 33,300.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28, which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of"tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter:Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees,or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion,termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): White Pass Country Historical Society-Museum operations and events c/o Martha Garoutte P.O. Box 958 Packwood, WA 98361 360-496-1519 Approved by the Lewis County Board of County Commissioners in an open public meeting this 614—day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS 149/4 ITE PA SS L'ovuTRY WisrotvC. Ak LEWIS COUNTY, WASHINGTON SOelFTy - YL UM O f 1ATIo,us Organization's n e, printed Lind y f Pollock, D M, Chair rtiL Autho ized representative's signature Sean D. Swope, Vice air OV m .a R T I-4A � R TTE Authorized rep.'s name, printed F. Lee Grose, Commissioner T13EASu E (R Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] Po B ax 6/51 1-1 k i APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney 1�' AG( tc200- Li)A Cg3(I Organization's city, state, zip code A‘f\ By: Dep. Pros. Attorney / 9 / RI Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board •• W•• • • v. `�2• •4, G�• •°' SINCE ; . :a ,z• .w h,. • .• • , 1845 �, • e • 14, • Page 8 of 8 Lewis County — 2022 Lodging Tax — Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: White Pass Country Historical 2. Date Submitted: Society — Museum operation & Events 11/29/21 3. Contact Person / Title: Martha Garoutte 4. Mailing Address: PO Box 958 Packwood WA 98361 5. Telephone No.: 360-496-1519 6. E-mail: garouftemartha@gmail.com 7. Signature of Representative: 8. Project Location (city/town) Packwood WA a. Name of Event or Activity: Operation of the WPC Historical Museuem & associated events 9. Statement of Project Goals and Objectives: Operation of the White Pass Country Historical Museum a tourist destination. Hosting the Packwood Mountain Festival & Fun Run Hosting a Haunted House Providing Evening Events & Walking Tours 10. Project Description: Advertising, Marketing & supplies to promote the WPC Historical Museum, Packwood Mountain Festival & Fun Run, A Haunted House, Summer evening Events. Year round operation of the White Pass Country Historical Museum and related expenses 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 Marketing and operations of special events and support of the operations of a tourist related facility operated by a 501c3 organization. RECEIVED Board of County Commissioners Lewis County Wesbington 12. Anticipated Project Costs: $64,800 a. Total County funds being awarded for 2022: $33,300 *w'w0 1 2621 r 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) $3,500 $0 $3,500 Marketing/Promotion Materials $4,000 $0 $4,000 Direct Sales Activities $0 $1,900 $1,900 Minor Equipment $700 $1,000 $1,700 Travel/Trainings (list below) $0 $0 $0 1. 2. 3. Contract Services (list below) 1.Web Site Support $200 $0 $200 2. 3. 4. Overhead (building rent, utilities $24,900 $28,600 $53,500 etc.) Project Subtotal: $33,300 $31,500 $64,800 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 Operation of Museum Jan 1 to Dec 31 $45,500 Historical Society Volunteers, Board & Staff Museum Tours Jan 1 to Dec 31 $0 Volunteer Staff& Docent Museum Displays Jan 1 to Dec 31 $1,000 Museum Volunteers Web Site Jan 1 to Dec 31 $200 Volunteer staff Mountain Festival Jan 1 to May 31 $5,000 Historical Society Volunteers, Board & Staff Evening Events Jan 1 to Dec 31 $2 700 Historical Society Volunteers, Board & Staff Haunted House June 1 to Nov 5 $1,000 Volunteer Staff Advertising & Marketing Jan 1 to Dec 31 $4,000 Historical Society Volunteers, Board & Staff Museum Docent May 20 to Sept 9 $3,500 Paid Docent Historical Society Volunteers, Direct Sales Jan 1 to Dec 31 $1,900 Board & Staff Return completed Project Scope 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 3 WHITE PASS SCENIC BYWAY TOURISM SERVICE AGREEMENT Lodging Tax agreement: Marketing and promotion THIS AGREEMENT is made by and between White Pass Scenic Byway("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 Page 1 of 8 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 and is consistent with RCW 67.28; and WHEREAS, the BOARD finds that the use of the funds is for tourism, tourism promotion or a tourism-related facility, and that it is in the best interest of the COUNTY in regard to the promotion of tourism in Lewis County; and WHEREAS,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 $ 90,000.00 is hereby pledged on a reimbursement basis from the COUNTY Tourism Promotion Fund No. 1980 in fiscal year 2022 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: Project Scope. Funds must be used as outlined in the ORGANIZATION'S Project Scope and in accordance with RCW 67.28,which outlines appropriate fund use as the following: • Tourism marketing; • Marketing and operations of special events and festivals designed to attract tourists; • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or • Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). Page 2 of 8 Definitions of "tourism," "tourism promotion," and "tourism-related facility" are provided in RCW 67.28.080. 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 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. Claims vouchers can be submitted monthly. Claims vouchers must be submitted by the following quarter deadlines: First quarter: March 31, 2022. Second quarter:June 30, 2022. Third quarter: Sept. 30, 2022. Fourth quarter: Jan. 6, 2023. The final claims voucher under this Agreement shall be submitted to the Clerk of the BOARD by the ORGANIZATION no later than January 6, 2023. 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 Page 3 of 8 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, 2022) 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. 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. Page 4 of 8 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. To the fullest extent permitted by law, the ORGANIZATION shall protect, defend, indemnify and hold harmless Lewis County, the Lewis County Board of County Commissioners, its officers, agents and employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from the performance of this Agreement by either party, except those resulting exclusively from the County's sole negligence. In the event of the concurrent negligence of the ORGANIZATION, its subcontractors, agents or employees, and the County, its officers, agents, or employees, this indemnification obligation shall be valid and enforceable only to the extent of the negligence of the ORGANIZATION, its subcontractors, agents, and employees. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the ORGANIZATION hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the ORGANIZATION are a material inducement to County to enter into this Agreement, are reflected in the grant funding, and have been mutually negotiated. The ORGANIZATION shall require any subcontractors performing on the project herein to indemnify the County to an equal or greater extent than provided herein. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of any indemnity protections under this Agreement. the ORGANIZATION's obligations under this provision shall survive the completion, termination, or expiration of this contract. 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. Page 5 of 8 C. 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 2022 and terminate on the 31st day of December 2022, 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 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. Page 6 of 8 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 360-740-1120 For the ORGANIZATION (information as provided on the organization's application): White Pass Scenic Byway c/o Mary Kay Nelson P.O. Box 805 Chehalis, WA 98532 360-508-1774 Appro z! by the Lewis County Board of County Commissioners in an open public meeting this day of December 2021. FOR THE ORGANIZATION BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON Organization's name, printed Linds y PE. Pollock, DVM, Chair ° Authorized representative's signature Sean Swope, Vice C air M ��,� e-� rr - c_ e_x- 4f Authorized rep.'s name, printed F. Lee Grose, Commissioner Authorized representative's title Page 7 of 8 [SIGNATURES CONTINUED ON NEXT PAGE] e, d e)Q)C S L APPROVED AS TO FORM: Organization's street address Jonathan Meyer, Prosecuting Attorney C-ke 6�r�..�- cuff 9 ` Z Organization's city, state, zip code , By: Dep. Pros. Attorney Date signed by Organization rep. ATTEST: Rieva Lester, Clerk of the Board oo,••o,s• • �s coun,Tr•. • ��'•BOARD 0, 9J,•• •O :w," SINCE I . t.a 1845 c.,;;• •y .'!"?, Page 8 of 8 Lewis County - 2022 Lodging Tax - Project Scope Each project must include a Project Scope. Please note that your Project Scope must reflect the preliminarily approved amount and how it will be used. This information will be used to verify the expenditures listed on your reimbursement request(s). Your Project Scope must reflect the uses you presented in your original application, as that is what preliminary funding approvals were based upon. Please do not change the format of this document, and please be brief in your explanations to fit the space provided. PLEASE NOTE THAT THIS DOCUMENT WILL BE TIED TO THE AGREEMENTS AND WILL BE USED TO VERIFY PROJECT EXPENDITURES. Project Submission Form 1. Project Name: White Pass Scenic Byway 2. Date Submitted: Marketing and Promotion Dec 6, 2021 3. Contact Person / Title: Mary Kay Nelson, Marketing Director 4. Mailing Address: PO Box 805, Chehalis, WA 98532 RE cE BOArd of Cew,ty co.41) 5. Telephone No.: 360-508-1774 Lewis C°u'''tt Oa3h;,igt criers 6. E-mail: info@whitepassbyway.com 7. Signature of Representative: DEC 0'9 [+7� 8. Project Location (city/town) Lewis County a. Name of Event or Activity: Marketing 9. Statement of Project Goals and Objectives: To promote and market the US Hwy 12 Corridor targeting specific audiences who come to our area of leisure and recreational reasons, thus increasing the economy of the communities. 10. Project Description: Using primarily digital marketing such as the mobile app, website and social media and enewsletters, we expect to reach and engage visitors who come to the region. The program involves managing a year round non profit organization with a board of 8 members and holding bimonthly meetings. 11. How does proposed project meet purposes of the Legislation? RCW 67.28.1816 The program is designed to measure success through analytics, statistics and growth in lodging tax revenue and taxes in Lewis County. The marketing program has the capacity to continue to grow the tourism industry and keep organizations and visitors aware of what there is to see and do in the area. 12. Anticipated Project Costs: $93,000 a. Total County funds being awarded for 2022: $90,000 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 40,200 Materials Direct Sales Activities Minor Equipment Travel/Trainings (list 800 1,000 below) 1. Scenic WA conference 2. WTA Mtgs. Conference 3. Brochure distributions Contract Services (list below) 1. website development 2,000 2.social media & website 15,000 3.Program management 30,000 4. Overhead (building rent, 2,000 utilities etc.) Sign maintenance 2,000 Project Subtotal: 90,000 3,000 2 • 13. Project Cost Analysis Project Budget Column B Column C Column A Column D Item Use of County Use of Other Total Available Funds Funds Project Funds Personnel (salaries & benefits) Marketing/Promotion 40,200 Materials Direct Sales Activities Minor Equipment Travel/Trainings (list 800 1,000 below) 1. Scenic WA conference 2. WTA Mtgs. Conference 3. Brochure distributions Contract Services (list below) 1. website development 2,000 2.social media & website 15,000 3.Program management 30,000 4. Overhead (building rent, 2,000 utilities etc.) Sign maintenance 2,000 Project Subtotal: 90,000 3,000 2 ppOCC AGENDA ITEM SUMMARY Resolution: 21-456 BOCC Meeting Date: Dec. 21, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approve 2022 "lodging tax" contracts with various organizations for funding from Tourism Promotion Fund No. 1980 for tourism-related activities Contact: Rieva Lester Phone: 360-740-1419 Department: BOCC - Board of County Commissioners Description: Approve 2022 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 and LTAC administration -- do not require an agreement.) Approvals: Publication Requirements: Publications: User Status PA's Office Approved Additional Copies: Cover Letter To: Lodging tax recipients