04-006.03 Spokane County: Toursim Promotion Area Reestablishment q -
20 - 1031
AMENDMENT NO. 3 AND RESTATED
INTERLOCAL COOPERATION ACT AGREEMENT
FOR ESTABLISHMENT OF
SPOKANE COUNTY TOURISM PROMOTION AREA
THIS AMENDMENT NO. 3 AND RESTATED INTERLOCAL COOPERATION
ACT AGREEMENT ("RESTATED INTERLOCAL AGREEMENT") made and entered into
among Spokane County, a political subdivision of the State of Washington, having offices for the
transaction of business at 1116 W. Broadway Avenue, Spokane, Washington 99260, hereinafter
referred to as the "County," the City of Spokane, a municipal corporation of the State of
Washington having offices for the transaction of business at 808 West Spokane Falls Blvd.
Spokane, Washington 99201,hereinafter referred to as the"City", and the City of Spokane Valley,
a municipal corporation of the State of Washington,having offices for the transaction of business at
10210 E. Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as
"Spokane Valley"together referred to as the"Parties."
WITNESSETH:
WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County
Commissioners of Spokane County, Washington has the care of county property and the
management of county funds and business; and
WHEREAS, in 2003, the Washington State Legislature recognized the importance of
tourism promotion and passed Engrossed Substitute Senate Bill No. 6026, subsequently codified
as chapter 35.101 RCW. Chapter 35.101 RCW authorized the establishment of a Tourism
Promotion Area by a county and the levy of special assessments on lodging businesses to fund
tourism promotion therein; and
WHEREAS, pursuant to the provisions of RCW 35.101.080, the Board of County
Commissioners of Spokane County adopted Ordinance No. 04-0211 which established a
Tourism Promotion Area having certain boundaries to include the unincorporated area of
Spokane County, the City of Spokane, and City of Spokane Valley. Ordinance No. 04-0211 also
established a Special Assessment on operators of Lodging Business within the Tourism
Promotion Area on the furnishing of lodging; and
WHEREAS, Ordinance No. 04-0211, was subsequently amended under Resolution No.
08-0465 to modify the termination section, and was further amended under Resolution No. 09-
0585 to modify certain special assessment fees identified therein; and
WHEREAS, pursuant to the provisions of RCW 35.101.040(2), the Parties entered into
an interlocal agreement dated March 9, 2004 and entitled "INTERLOCAL COOPERATION
ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM
PROMOTION AREA" ("AGREEMENT") wherein a Tourism Promotion Area was formed to
include properties within the boundaries of the unincorporated area of Spokane County, the City
of Spokane, and the City of Spokane Valley. The AGREEMENT was subsequently amended to
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modify the termination section ("AMENDMENT NO. 1 AGREEMENT") and further amended
to recognize an increase in certain of the Special Assessments on operators of Lodging
Businesses within the Tourism Promotion Area("AMENDMENT NO. 2 AGREEMENT"); and
WHEREAS, Paragraph 3 of the AGREEMENT provides that any change in the Special
Assessment rates for any zone as set forth therein shall be made only by amendment of the
resolution of the Board of County Commissioners, with the approval of the City Council of the
City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special
Assessment rates for any zone or change in the boundaries of any zone shall be made by the
Board of County Commissioners of Spokane County except upon affirmative recommendation
of the Spokane Hotel and Motel Commission; and
WHEREAS, the 2020 Washington State Legislature passed and the Governor signed
Engrossed Substitute Senate Bill 6592 ("ESSB 6592"). ESSB 6592 authorized legislative
authorities to impose an additional Tourism Promotion Area assessment charge of up to $3 per
night per stay on furnishing of lodging by a lodging business located in a Tourism Promotion
Area ("additional charge"). Any "additional charge" expires July 1, 2027. To consider the
imposition of an "additional charge", signatures of the persons who operate lodging businesses
who would pay sixty percent or more of the proposed "additional charge" must be presented to
the Board of County Commissioners. The Board of County Commissioners of Spokane County
received a petition signed by more than sixty percent of the lodging business who would pay the
proposed"additional charge" in certain of the five (5) zones which provided as follows:
(Underlined and lined out language added.)
The Special Assessment to be imposed on the operators of those Lodging Businesses
with room revenues during the preceding calendar year, which exceeded five hundred
thousand dollars($500,000)is as follows:
Zone A: $2.00$4.00 per room/day ($2.00 represents additional charge)
Zone B: $2 00 $4.00 per room/day ($2.00 represents additional charge)
Zone C: $2-.-00 $4.00 per room/day ($2.00 represents additional charge)
The Special Assessment to be imposed on the operators of those Lodging Businesses
with room revenues during the preceding calendar year, which did not exceed five
hundred thousand dollars ($500,000)is as follows:
Zone D: 50-cents$1.00 per room/day($.50 represents additional charge.)
Zone E: $0.00 per room or space/day
The additional charge identified above shall commence as of 12:01 a.m. April 1, 2021
and shall automatically expire at midnight on June 30, 2027. Upon the expiration of
the additional charge, the previous charge shall be automatically reinstated as of
12:01 a.m. on July 1,2027.
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; and
WHEREAS, consistent with paragraph 3 of the AGREEMENT, the Parties desire to
recognize the request of the lodging businesses to impose the additional charge as referenced in
the immediately preceding recital which additional charge was adopted by the Board of County
Commissioners after a public hearing; and
WHEREAS, in addition to the Parties desiring to recognize the request of the lodging
businesses to impose the additional charge, the Parties also desire to add a termination section
back into the AGREEMENT to provide as follows:
(Underlined language to be added.)
8 A. Duration and Termination of this Agreement: This Agreement shall continue
in full force and effect until such time as (1) the Spokane County Tourism
Promotion Area is disestablished by action of the Board of County
Commissioners of Spokane County as provided in Section 7, above; or (2) the
legislative body for Spokane County, or City of Spokane, or City of Spokane
Valley takes formal action in the form of a resolution to give notice of termination
of the Agreement. If this termination provision is invoked, a signed copy of the
resolution giving notice of termination shall be delivered either by personal
delivery or by regular United States mail delivery to each of the other parties, and
shall occur no later than 4:00 pm on March 31, 2022, with an effective date of
termination of December 31, 2022. Thereafter, a jurisdiction may invoke this
teumination provision in even numbered years, with notice to be provided no later
than 4:00 pm on March 31 of that year. In the event March 31 falls on a Saturday
or Sunday, the deadline shall be extended until 4:00 pm on the following Monday.
Following termination of this Agreement, Spokane County shall be responsible
for utilizing any remaining unallocated revenue from Special Assessments for use
for tourism promotion in Spokane County.
WHEREAS, in addition to the Parties desiring to recognize the request of the lodging
businesses to impose the additional charge, and add a termination section back into the
AGREEMENT, the Parties also desire to add an additional TPA Manager reporting requirement
to provide as follows:
(Underlined language to be added.)
6. B. The TPA Manager will be responsible for administering the activities and
programs of the Spokane County Tourism Promotion Area and to prepare an
Annual Budget for the Spokane County Tourism Promotion Area to be reviewed
and approved by the Spokane Hotel and Motel Commission and submitted to the
Board of County Commissioners of Spokane County on or before November 1 St
of each year. The TPA Manager shall also act as staff to the Spokane Hotel and
Motel Commission in conjunction with assisting it in determining what activities
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,
and programs to recommend for funding from the Special Assessments. The TPA
Manager, with information provided from the Spokane County Budget and
Finance Office, shall provide to the Parties, on a quarterly basis, the aggregate
amount of TPA Special Assessments collected from lodging businesses located
within their respective boundaries.
: and
WHEREAS, this RESTATED INTERLOCAL AGREEMENT hereby replaces and
supersedes in its entirety the agreement entered into among the Parties dated March 9, 2004 and
entitled "INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF
SPOKANE COUNTY TOURISM PROMOTION AREA" as amended by that agreement entered
into among the Parties and entitled "AMENDMENT NO. 1 TO INTERLOCAL
COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY
TOURISM PROMOTION AREA" as further amended by that agreement entered into among the
Parties and entitled "AMENDMENT NO. 2 TO INTERLOCAL COOPERATION ACT
AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION
AREA"and adds the above referenced amendments.
NOW, THEREFORE, for and in consideration of the promises set forth hereafter,
Spokane County, Spokane and Spokane Valley hereby agree as follows:
1. Definitions. As used in this agreement, the following terms, unless the context
otherwise dictates, shall have the following means:
1.1 "Agreement" shall mean this interlocal cooperation agreement between
Spokane County, Spokane and Spokane Valley for the establishment of a Spokane
County Tourism Promotion Area by Spokane County as authorized by RCW 35.101.040
(2).
1.2 "Lodging Business" means a business located within the Spokane County
Tourism Promotion Area that furnishes lodging taxable by the state under chapter 82.08
RCW that has forty(40) or more lodging units.
1.3 "Operator" means the Operator of a Lodging Business, whether in the
capacity of owner, general manager, lessee, sub lessee, mortgagee in possession, license
or any other similar capacity.
1.4 "Room Revenues" means the gross per-night-charge (nights of stay)
imposed for the rental of a room or combination of rooms for Lodging.
1.5 "Special Assessment" means the levy (charge) imposed by Spokane
County on the Operators of a Lodging Business within the Spokane County Tourism
Promotion Area and subsequently passed on to the guests of the Lodging Business, under
the authority of RCW 35.101.050 for the purpose of providing for funding of tourism
promotion in Spokane County.
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1.6. "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel
Association, Inc., a Washington non-profit corporation.
1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and
Motel Commission, established by Spokane County, whose members are appointed by
the Board of County Commissioners of Spokane County, the City Council of the City of
Spokane, and the City Council of the City of Spokane Valley to provide
recommendations to the Board of County Commissioners of Spokane County on
proposed uses and projects of the Spokane County Tourism Promotion Area; pursuant to
the provisions of RCW 35.101.130 (1) as provided in this Agreement.
1.8 "Spokane Metropolitan Area"means Spokane County, including the entire
areas within the jurisdiction of Spokane and Spokane Valley and the unincorporated area
of Spokane County.
1.9 "Spokane County Tourism Promotion Area" means the Tourism
Promotion Area created by the resolution of the Board of County Commissioners of
Spokane County pursuant to the authority of chapter 35.101 RCW, as authorized by the
resolutions of the City Council of the City of Spokane and the City Council of the
Spokane Valley adopting the terms of this Agreement.
1.10 "TPA Manager" shall mean a tourism destination marking organization or
other similar organization employed by the Board of County Commissioners to
administer the operation of the Tourism Promotion Area.
1.11 "Tourism Promotion" means activities and expenditures designed to
increase tourism and convention business, including but not limited to, advertising,
publicizing, or otherwise distributing information for the purpose of attracting and
welcoming tourists, and operating tourism destination marketing organizations.
1.12 "Transient Basis" means the rental of a room or rooms for dwelling,
lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty
(30) consecutive calendar days or less, counting a portion of a day as a full calendar day.
1.13 "Zone" or "Zones" means the distinct geographic subarea or subareas
within the Spokane County Tourism Promotion Area as established by resolution of the
Board of County Commissioners of Spokane County and as set forth in Exhibit "B"
attached to this Agreement.
1.14 "Annual Budget" shall mean the Spokane County Tourism Promotion
Area budget for a fiscal year, as adopted or amended by the Board of County
Commissioners of Spokane County, after the receipt of a recommendation from the
Spokane Hotel and Motel Commission, identifying all estimated revenue from Special
Assessments for the fiscal year, and providing for all proposed uses of Special
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Assessment revenue for the purpose of providing tourism promotion in Spokane County
for the ensuing fiscal year.
2. Tourism Promotion Area to be Established by Spokane County.
A. It is hereby understood and agreed by Spokane County, Spokane and Spokane
Valley that Spokane County, pursuant to the authority of RCW 35.101.040(2) RCW, shall
establish a "Tourism Promotion Area" designated the Spokane County Tourism Promotion Area
to include the unincorporated area of Spokane County and the entire area within the corporate
limits of Spokane and Spokane Valley.
B. It is hereby understood and agreed by Spokane County, Spokane, and Spokane
Valley that the purpose of permitting the Board of County Commissioners and Spokane County
to form the Spokane County Tourism Promotion Area under RCW 35.101.040 (2) is to provide
revenue to fund tourism promotion within Spokane County which will benefit the Operators of
Lodging Businesses in Spokane County, Spokane and Spokane Valley.
3. Levy of Special Assessments on Lodging Businesses within the Spokane County
Tourism Promotion Area.
A. The Board of County Commissioners of Spokane County will levy Special
Assessments on the Operators of Lodging Businesses within the Spokane County Tourism
Promotion Area in accordance with the zones and levels of Special Assessments as set forth in
Resolution No. 4-0140.
B. It is understood and agreed by and between Spokane County, Spokane and
Spokane Valley that the Spokane County Tourism Promotion Area shall include the following
five(5)zones:
Zone A. Zone A encompasses those Lodging Businesses located within
the area of the incorporated city limits of the City of Spokane defined as follows:
Downtown core bordered by Interstate 90 to the south, Hamilton Street to the
east, Indiana Avenue to the north, and Monroe Street to the west.
Zone B. Zone B encompasses those Lodging Businesses located within
the area of the incorporated city limits of Spokane and the City of Spokane Valley
except those Lodging Businesses located in Zone A.
Zone C. Zone C encompasses all Lodging Businesses located outside
Zones A and B,but within the unincorporated area of Spokane County.
Zone D. Zone D encompasses all Lodging Businesses with room revenue
under$500,000 per year, situated within the Spokane County Tourism Promotion
Area, regardless of their specific location.
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Zone E. Zone E encompasses Lodging Businesses located within the
Tourism Promotion Area, as that term is addressed in WAC 458-20-166 as it
presently exists or may be hereinafter amended, other than hotels, motels, and bed
and breakfast facilities. Lodging Businesses within this zone, as addressed in
WAC 458-20-166, would include only (i) trailer camps and recreational vehicle
parks which charge for the rental of space to transients for locating or parking
house trailers, campers, recreational vehicles, mobile homes, and tents; (ii)
educational institutions which sell overnight lodging to person other than
students; (iii) private lodging houses, dormitories and bunkhouses operated by or
on behalf of businesses and industrial firms or schools soley for the
accommodation of employees of such firms or student which are not held out to
the public as a place where sleeping accommodations may be obtained; and (iv)
guest ranches or summer camps which, in addition to supplying meals and
lodging , offer special recreational facilities and instruction in sports boating,
riding, outdoor facilities and instruction in sports, boating, riding, and outdoor
living.
The charge(s) imposed under this section are not a tax on the "sale of lodging" for the
purposes of RCW 82.14.410.
C. It is understood and agreed by and between Spokane County, Spokane and
Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism
Promotion Area operating in the above-described zones will be subject to Special Assessments to
be levied as follows:
Zone A: $2.00$4.00 per room/day. $2.00 represents additional charge.
Zone B: $2.00$4.00 per room/day. $2.00 represents additional charge.
Zone C: $2.00$4.00 per room/day. $2.00 represents additional charge.
Zone D: $030$1.00 per room/day. $0.50 represents additional charge.
Zone E: $0.00 per room or space/day.
The additional charge identified above shall commence as of 12:01 a.m. April 1, 2021 and shall
automatically expire at midnight on June 30, 2027. Upon the expiration of the additional charge,
the previous charge shall be automatically reinstated as of 12:01 a.m. on July 1, 2027.
D. Any change in the Special Assessment rates for any zone as set forth hereinabove
shall be made only by amendment of the resolution by the Board of County Commissioners, with
the approval of the City Council of the City of Spokane and the City Council of the City of
Spokane Valley. No increase in the Special Assessment rates for any zone or change in the
boundaries of any zone shall be made by the Board of County Commissioners of Spokane
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County except upon the affirmative recommendation of the Spokane Hotel and Motel
Commission.
4. Use of Special Assessment Revenues For the Promotion of Tourism and
Convention Business in Spokane County.
A. It is understood and agreed that all of the revenues from Special Assessments
collected by Spokane County from Lodging Businesses within the jurisdiction of Spokane
County, the City of Spokane, and the City of Spokane Valley shall be allocated by the Board of
County Commissioners of Spokane County in accordance with the Annual Budget for the
Spokane County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall
make a recommendation to the Board of County Commissioners on all Annual Budgets. The
Board of County Commissioners shall have the ultimate authority to set and approve all Annual
Budgets.
B. The revenues from the Special Assessments levied by Spokane County on the
Operators of Lodging Businesses situated within the Spokane County Tourism Promotion Area
shall be used for the following purposes only:
(1) The funding of all activities and expenditures designed to increase
tourism promotion and convention business within Spokane County as specified
in the Spokane County Tourism Promotion Area Budget; and
(2) The marketing of convention and business that benefit local
tourism and the Lodging Businesses in Spokane County; and
(3) The marketing of Spokane County to the travel industry in order to
benefit local tourism and the lodging businesses situated within the Spokane
County Tourism Promotion Area; and
(4) The marketing of Spokane County to recruit major sporting events
in order to promote local tourism and to benefit the Lodging Businesses within
the Spokane County Tourism Promotion Area.
5. Establishment of the Spokane Hotel and Motel Commission.
A. It is understood and agreed that the Board of County Commissioners of Spokane
County shall, pursuant to the authority of RCW 35.101.130(1) create an eleven (11) member
Spokane Hotel and Motel Commission to advise the Board of County Commissioners of
Spokane County on the expenditure of Special Assessment revenues by the Spokane County
Tourism Promotion Area to fund tourism promotion in Spokane County.
B. Members of the Spokane Hotel and Motel Commission shall be selected by the
Board of County Commissioners of Spokane County, the City Council of Spokane and the City
Council of Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel
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Association. All nominees for membership on the Spokane Hotel and Motel Commission must
be Operators of Lodging Businesses within Spokane County or employed by the Operator of
such a Lodging Business. One ex officio member of the Commission may be appointed from the
members of the Board of Commissioners of Spokane County; one ex officio member may be
appointed from the members of the City Council of the City of Spokane; and one ex officio
member may be appointed from the members of the City Council of the City of Spokane Valley.
Ex officio members of the Spokane Hotel-Motel Commission may participate in all discussions
regarding proposed activities and programs by the Spokane County Tourism Promotion Area for
the promotion and marketing of tourism in Spokane County but shall not have voting rights.
C. The Board of County Commissioners of Spokane County shall appoint two
members, and one ex officio member of the Spokane Hotel and Motel Commission, to represent
the County of Spokane; the City Council of the City of Spokane Valley shall appoint two
members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent
the City of Spokane Valley; and the City Council of the City of Spokane shall appoint four
members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent
the City of Spokane. Any vacancy, on the Spokane Hotel and Motel Commission, arising from a
resignation or other cause, shall be filled by the appointing agency, from the list of nominees
prepared by the Spokane Hotel and Motel Association, within 30 days from the date the
"vacancy occurs".
D. It is understood and agreed that the initial members of the Spokane Hotel and
Motel Commission shall serve staggered terms, with one member serving a one-year term, two
members serving for two-year terms, and three members serving for three-year terms. The
length of the term for each individual member of the initial Spokane Hotel and Motel
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all
members subsequently appointed to the Spokane Hotel and Motel Commission shall serve for
three-year terms.
6. Contract For Management of Spokane County Tourism Promotion Area.
A. The Board of County Commissioners shall contract with a TPA Manager. The
contract shall be awarded consistent with all applicable Spokane County laws, ordinances and
regulations. The contract shall require the TPA Manager to comply with all applicable
provisions of law, including chapter 35.101 RCW and with all Spokane County resolutions and
ordinances as well as all regulations lawfully imposed by the state auditor or other state agencies.
B. The TPA Manager will be responsible for administering the activities and
programs of the Spokane County Tourism Promotion Area and to prepare an Annual Budget for
the Spokane County Tourism Promotion Area to be reviewed and approved by the Spokane
Hotel and Motel Commission and submitted to the Board of County Commissioners of Spokane
County on or before November Pt of each year. The TPA Manager shall also act as staff to the
Spokane Hotel and Motel Commission in conjunction with assisting it in determining what
activities and programs to recommend for funding from the Special Assessments. The TPA
Manager, with information provided from the Spokane County Budget and Finance Office, shall
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provide to the Parties, on a quarterly basis, the aggregate amount of TPA Special Assessments
collected from lodging businesses located within their respective boundaries.
C. The Annual Budget for the Spokane County Tourism Promotion Area shall
consist of:
(1) A list of the Lodging Businesses subject to Special Assessments and an
estimate of the revenue to be received from all such Lodging Businesses; and
(2) A statement of the proposed budget for all Spokane County Tourism
Promotion Area activities and programs recommended by the Spokane Hotel and Motel
Commission to be funded from Special Assessments during the ensuing fiscal year; and
D. All Special Assessments received by Spokane County from the Washington State
Department of Revenue and any interest therein shall be deposited by Spokane County in a
special account. Payments to the TPA Manager will be made as provided for in the agreement
between the Spokane County and the TPA manager. Provided, however, no Special Assessment
shall be dispersed in any fiscal year until after the adoption of that year's fiscal Annual Budget,
Provided further, Spokane County shall not expend in any fiscal year Special Assessments in
excess of the approved fiscal Annual Budget.
7. Modification or Disestablishment of the Spokane County Tourism Promotion
Area.
A. The Board of County Commissioners of Spokane County, by appropriate action,
may modify the provisions of the resolution establishing the Spokane County Tourism
Promotion Area or provide for the disestablishment of the Spokane County Tourism Promotion
Area, after adopting a resolution of intention to such effect. Such resolution of intention shall
describe the change or changes proposed, or indicate that it is the intention to disestablish the
Spokane County Tourism Promotion Area, and shall state the time and place of a public hearing
to be held by the Board of County Commissioners of Spokane County to consider the proposed
action.
B. If the Operators of Lodging Businesses which pay over forty percent (40%) of the
Special Assessments levied within the Spokane County Tourism Promotion Area file a petition
with the Clerk of the Board of Spokane County Commissioners requesting the Board of County
Commissioners of Spokane County to adopt a resolution of intention to modify or disestablish
the Spokane County Tourism Promotion Area, the Board of County Commissioners of Spokane
County shall adopt such resolution and act upon it as required by law. Signatures on such
petition shall be those of a duly authorized representative of the Operators of Lodging Businesses
in the Spokane County Tourism Promotion Area. In the event of failure on the part of the Board
of County Commissioners to modify or disestablish the TPA the participating local governments
reserve the right to withdraw from this agreement upon three (3) months notice to the other
participating local governments.
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C. In the event the resolution proposes disestablishment of the Spokane County
Tourism Promotion Area, the Board of County Commissioners of Spokane County shall
disestablish the Spokane County Tourism Promotion Area; unless at such public hearing, protest
against disestablishment is made by the Operators of Lodging Businesses paying over fifty
percent(50%) of the Special Assessments in the Spokane County Tourism Promotion Area.
8. Miscellaneous Provisions:
A. Duration and Termination of this Agreement. This Agreement shall continue in
full force and effect until such time as (1) the Spokane County Tourism Promotion Area is
disestablished by action of the Board of County Commissioners of Spokane County as provided
in Section 7, above; or (2) the legislative body for Spokane County, or City of Spokane, or the
City of Spokane Valley takes formal action in the form of a resolution to give notice of
termination of the Agreement. If this termination provision is invoked, a signed copy of the
resolution giving notice of termination shall be delivered either by personal delivery or by
regular United States mail delivery to each of the other parties, and shall occur no later than 4:00
pm on March 31, 2022, with an effective date of termination of December 31, 2022. Thereafter,
a jurisdiction may invoke this termination provision in even numbered years, with notice to be
provided no later than 4:00 pm on March 31 of that year. In the event March 31 falls on a
Saturday or Sunday, the deadline shall be extended until 4:00 pm on the following Monday.
Following termination of this Agreement, Spokane County shall be responsible for utilizing any
remaining unallocated revenue from Special Assessments for use for tourism promotion in
Spokane County.
B. Waiver. No officer, employee, or agent of Spokane County, Spokane, or Spokane
Valley has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver of any breach of this Agreement by Spokane County, Spokane, or
Spokane Valley shall be held to be a waiver of any other or subsequent breach. Failure of
Spokane County, Spokane, or Spokane Valley to enforce any of the provisions of this Agreement
or to require performance of any of the provisions herein, shall in no way be construed to be a
waiver of such conditions, nor in any way effect the validity of this Agreement or any part
hereof, or the right of Spokane County, Spokane or Spokane Valley to hereafter enforce each and
every such provision.
C. Records. All records prepared, owned, used or retained by the TPA Manager in
conjunction with operating or administering the activities and programs of the Spokane County
Tourism Promotion Area as provided for under the terms of this Agreement shall be deemed
records of Spokane County, Spokane, and Spokane Valley and shall be made available by the
TPA Manager upon request to Spokane County, Spokane, or Spokane Valley, State Auditor or
their authorized representatives.
D. Property and Equipment. Spokane County Shall be the owner of all property and
equipment purchased by the TPA Manager from Special Assessment Revenues. Provided,
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however, in the event of the termination of the Agreement with the TPA Manager, Spokane
County agrees to make the property and/or equipment available to the successor TPA Manager
for its use in conjunction with providing similar services. Provided further, in the event of
disestablishment of the Spokane County Tourism Promotion Area, all property and equipment
purchased by the TPA Manager from Special Assessment Revenues shall be retained by Spokane
County and used for any lawful purpose.
E. Integration. This Agreement contains all of the terms and conditions agreed upon
by Spokane County, Spokane, and Spokane Valley concerning the establishment of the Spokane
County Tourism Promotion Area by the Board of County Commissioners of Spokane County
and the collection of Special Assessments from Operators of Lodging Businesses within the
entire area, including the area within the jurisdictions of Spokane and Spokane Valley. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto. The parties have read and understand all of
this Agreement, and now state that no representation, promise, or agreement not expressed in this
Agreement has been made to induce the officials of Spokane County, Spokane, or Spokane
Valley to execute this Agreement.
F. Severability. In the event any provision of this Agreement shall be declared by a
Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby.
G. Execution of Agreement. This Agreement shall become effective immediately
after it is duly adopted by the Board of County Commissioners of Spokane County, the City
Council of Spokane, and the City Council of Spokane Valley and shall be filed with the County
Auditor of Spokane County, the City Clerk of Spokane, and the City Clerk of Spokane Valley,
and the Secretary of State of the State of Washington.
H. Litigation. In the event litigation is brought against the TPA or any party to this
Agreement the TPA Manager shall cause legal counsel to be employed for the purpose of
defending or prosecuting the matter. The cost of the legal counsel shall be paid by the TPA. The
parties reserve the right to monitor and participate in any litigation as solely determined by the
Pam'.
IN WITNESS WHEREOF, the City of Spokane, the City of Spokane Valley, and
Spokane County have executed this RESTATED INTERLOCAL AGREEMENT by their duly
authorized officials pursuant to all requirements of law.
Page 12 of 13
GOMMo j Itt
: j2 O E Cp' O I1
DATED. /t5/272 � e- . •� '• y BOARD OF COUNTY COMMISSIONERS
o :y ' 73 • OF SPO E COUNTY, WASHINGTON
• ' lik •
so • .SEAL.•''
41q � AL FRENCH, hair
ATTEST: ofte
JO H KERNS, Vice-Chair
inns Vasquez,Clerk o e Bo -W44/,/
2 0 - 1 0 3 1 MARY L. EY,Commissioner
DATED: / a: I CITY OF SPOKANE
t{' By: J
Its: rn
ATTEST: !yam Approved as to form:
9s NG's°�
City Clerk Assistant City Attorn y
CITY OF SPOKANE VALLEY
DATED: ( ' '2 I By: lif04)--
Title: Cs X r--
ATTEST: Approved as to form:
0,44/14.t;k- 444011.66.__
City Clerk " Office CityAttorney
Y
Page 13 of 13