East Lewis County Chamber of CommerceRECEIVED
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
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the financing award recommendations to the BOARD, including the Proposal from the
ORGANIZATION; and
WHEREAS, the BOARD has determined that the activity herein described promotes the general
welfare, health and safety of the citizens of the COUNTY 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).
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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
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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.
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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.
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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.
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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 vEdocument, 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 21
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: %
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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-
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I41.0 V i 5 i•la(Ge v1 tee O t l 1 4I wkc0
10. Project Description: ,r-e o nall,4 hkv irtoy c` live_ PtNSPYI On $;
caYee+ visitors, help 1,0141.1 -4e•Avet OtOl4.i1 I pow e
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11. How does proposed project meet purposes of the Legislation?
RCW 67.28.1816
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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 CColumnA
Column D
Item Use of County Use of Other Total AvailableFundsFundsProjectFunds
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