HomeMy WebLinkAboutQuilcene Historical Museum - 021218AGREEMEN R 2018 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
QUILCENE HISTORICAL MUSEUM
This Agreement is by and between JEFFERSON COUNTY (hereinafter known as
"COUNTY" and the QUILCENE HISTORICAL MUSEUM (hereinafter known as "MUSEUM").
WHEREAS, the MUSEUM is a non-profit corporation of the State of Washington; and
WHEREAS, the COUNTY desires to promote tourism by documenting, preserving and
displaying County heritage for the benefit of its residents and to encourage tourist interest in
Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25;
and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Quilcene Historical Museum to promote,
operate and maintain the museum as a cultural resource and tourism destination, and to provide
information to tourists and residents about the local area;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
The MUSEUM shall use its capabilities and utilize the funding provided under this agreement to
continue and update the ongoing performance of the following tourism promotion services
consistent with the Itemized List of Proposed Tourism Promotion Services and Lodging Tax
Budget a copy of which is incorporated herein and attached hereto as Exhibit A:
1. Operation of the Quilcene Historical Museum and programs, including:
a. Care of the collection for its long-term maintenance.
b. Outreach to County residents through educational programs and Museum exhibits
regarding cultural and natural heritage.
c. Continued documentation of County heritage through collecting, oral history, research
and other means.
d. Advocacy of heritage preservation through all available means including the
enhancement of heritage based tourism for the economic development of the County.
2. Be a point of contact for the Jefferson County Tourism Coordinating Council for support
and participation in tourism promotional activities; assist in developing regional
promotional material in conjunction with other Chambers of Commerce and the Tourism
Coordinating Council.
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3. Respond to specific requests referred by the Olympic Peninsula Tourism Commission,
the Jefferson County Tourism Coordinating Council and all other Jefferson County
visitor's centers and Chambers of Commerce.
4. As vacancies occur, recommend potential representatives and alternates for inclusion with
other candidates for consideration by the Board of County Commissioners for appointment
to the Tourism Coordinating Council to represent the Quilcene region.
SECTION 2: RESPONSIBILITIES OF THE OUILCENE HISTORICAL MUSEUM
On or before January 31; April 30; July 31; October 31, 2018; and January 31, 2019,
provide to the COUNTY:
• A quarterly report of the use, services, programs and activities of the MUSEUM under
this Agreement for the prior quarter;
• A quarterly financial statement detailing revenues, expenses and cash balances for the
prior quarter; and for the final quarter report, the financial statement shall also include a
detailed financial statement for all 2018.
2. On or before January 31 and July 31, 2018, provide to the COUNTY:
• A billing statement requesting payment of Hotel -Motel Funding for the current half
year.
3. For a minimum of six (6) years, maintain documented proof of payments made, contracts
executed, and other expenditures authorized under this Agreement. Upon reasonable
notice, provide access to County or State representatives to audit those records.
4. Funding provided by this Agreement may only be expended on the services described in
Section 1 of this Agreement. Any monies used for other services or purposes shall be
refunded to Jefferson County. Any monies under -expended of the total funding allocated
under this Agreement shall be refunded to Jefferson County by January 31, 2019.
5. By February 281h of each year provide the following information on Exhibit B, attached
hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by MUSEUM.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by the MUSEUM on each festival, event or tourism facility.
c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist"
includes persons traveling more than 50 miles to the location of the event, festival or
facility and overnight stays in the area).
d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
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SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY
The COUNTY will provide the MUSEUM funding from Hotel -Motel Tax receipts to be
used in support of their responsibilities as defined under this agreement.
2. Said funding is in the sum of $23,610 for 2018. Semi-annual payments of $11,805.00 will
be made in the first and third quarter of 2018. Payments are to be predicated on submittal of
reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an
invoice on the next available billing cycle.
SECTION 4: TERM
This Agreement shall be for a term of one year, commencing on January 1, 2018 and ending on
December 31, 2018, except for the reports referenced in Section 2, due January 31, 2019 and
February 28, 2019. All activities performed pursuant to this Agreement within its term and prior to
its execution are hereby ratified.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written
notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in
any way, or for non-performance of duties under this Agreement, or for any reason. The
MUSEUM may terminate this Agreement upon thirty (30) days written notice to the COUNTY. In
the event of termination under this clause, the County shall be liable to pay only for services
rendered prior to the effective date of termination. If termination covers a period for which
payment has already been made, MUSEUM shall refund to the COUNTY a pro -rated share of the
payment based upon the balance of time remaining in the paid period, unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
The MUSEUM shall indemnify and hold the COUNTY, and its officers, employees, and agents
harmless from and shall process and defend at its own expense, including all costs, attorney fees
and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in
part, directly or indirectly, from the MUSEUM's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require the MUSEUM to indemnify the
Page: 3 of 9 Quilcene Historical Society
COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely
upon the conduct of the COUNTY, its officers, employees and agents, and; provided further that
if the claims or suits are caused by or result from the concurrent negligence of. (a) the
MUSEUM's agents or employees; and, (b) the COUNTY, its officers, employees and agents, this
indemnity provision with respect to claims or suits based upon such negligence, and/or the costs
to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to
the extent of the MUSEUM's negligence, or the negligence of the MUSEUM's agents or
employees.
The MUSEUM specifically assumes potential liability for actions brought against the COUNTY
by the MUSEUM's employees, or any other persons engaged in the performance of any work or
service required of the MUSEUM under this Agreement and, solely for the purpose of this
indemnification and defense, the Contractor specifically waives any immunity under the state
industrial insurance law, Title 51 RCW. The MUSEUM recognizes that this waiver was
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation.
SECTION 9: INSURANCE
The MUSEUM shall obtain and keep in force during the term of the Agreement, or as otherwise
required, the following insurance with companies or through sources approved by the State
Insurance Commissioner pursuant to RCW 48.
Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington. The MUSEUM shall maintain Workers' Compensation coverage as
required under the Washington State Industrial Insurance Act, RCW Title 51, for all
MUSEUM employees, agents and volunteers eligible for such coverage under the
Industrial Insurance Act.
2. Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non -owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $1,000,000 per
occurrence in connection with MUSEUM's performance of the contract, including:
a. Owned Automobiles;
b. Hired Automobiles; and
C. Non -owned Automobiles.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
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C. Broad Form Contractual/Commercial Liability — including: completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Said commercial automobile liability policy and general commercial liability policy shall name
the County as an additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty (30) days prior written notice to the
County. Certificates of coverage as required by this Section shall be delivered to the County
within thirty (30) days of execution of this Agreement.
The County may, upon the Contractor's failure to comply with any or all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise be due to
the Contractor.
If the proof of insurance or certificate indicating the County is an "additional insured" to a policy
obtained by the Contractor refers to an endorsement (by number or name) but does not provide
the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full
text of that endorsement and forward that full text to the County.
All insurance policies obtained by MUSEUM in order to comply with this Section shall be
primary and non-contributory as against any coverage provided through any memorandum of
coverage for third party liability claims or actions obtained and retained by the County through a
Ch. 48.62 RCW "Risk Pool."
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance.
The insurance maintained by MUSEUM under this Agreement shall not in any manner limit or
qualify the liabilities or obligations of MUSEUM under this Agreement.
SECTION 10: INDEPENDENT CONTRACTOR
The MUSEUM and the COUNTY agree that the MUSEUM is an independent contractor with
respect to the services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between the parties hereto.
Neither the MUSEUM nor any employee of the MUSEUM shall be entitled to any benefits
accorded County employees by virtue of the services provided under this agreement. The
COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance program, otherwise assuming
the duties of an employer with respect to the MUSEUM, or any employee, representative, agent
or contractor of the MUSEUM. The MUSEUM shall be responsible for all applicable
Page: 5 of 9 Quilcene Historical Society
withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations,
and all other obligations of an independent organization.
SECTION 11: COMPLIANCE WITH LAWS
The MUSEUM shall comply with all Federal, State, and local laws and ordinances applicable to
the work to be done under this Agreement. This Agreement shall be interpreted and construed in
accord with the laws of the State of Washington and venue shall be in Jefferson County,
Washington.
SECTION 12: DISCRIMINATION PROHIBITED
The MUSEUM with regard to the project to be completed under this agreement, will not
discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or service animal by a person with
a disability, unless based upon a bona fide occupational qualification in the selection and
retention of employees, materials, supplies, contractors or subcontractors.
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the MUSEUM and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both the County and the MUSEUM.
APPROVED and signed this day of �e , 2018.
JEFFERSON COUNTY
Attest: BO;r C I ONERS
Carol Gallaway, David Sullivan, Chair
Deputy Clerk of the Board
A ro7unsucker,
to F rm:
Philip
Chief Civil Deputy Prosecutor
QUILCENE ISTORICAL SOCIETY
Authoriz fficial
Page: 6 of 9 Quilcene Historical Society
EXHIBIT A
Itemized List of Proposed Tourism Promotion Services and Lodging Tax Budget
Visitor promotion, informational & conveniences Museum Expense Code # 66112 ...... $ 3815.00
Co-operative Partnerships & Collaborations Museum Expense Code # 66116 ............ $ 2120.00
$1120.00
ex. FAM tour, Culinary Loop, 101 Brewery
CMIQ, Quilcene Fair, Quilcene Alumni
OPTC, OPVB
State memberships
Regional memberships
National memberships
Chambers of Commerce
Marathon
Quilcene / Brinnon Garden Club, local school horticultural programs
Scholarship Programs
Museum web -sites & Social Media ISP
y 30-40 lit;
flyers, posters, banners
200 --800
media
100 - 200
event ads
150 - 150
signage
1100 -3000
exhibits
325 - 32.5
newsletters
900 - 1600
brochures
265 — 565
conveniences
600 -- 600
invitations
175 - 800
Co-operative Partnerships & Collaborations Museum Expense Code # 66116 ............ $ 2120.00
$1120.00
ex. FAM tour, Culinary Loop, 101 Brewery
CMIQ, Quilcene Fair, Quilcene Alumni
OPTC, OPVB
State memberships
Regional memberships
National memberships
Chambers of Commerce
Marathon
Quilcene / Brinnon Garden Club, local school horticultural programs
Scholarship Programs
Museum web -sites & Social Media ISP
Phone Museum Expense Code # 66118 ............... $ 2800.00
$5000.00
domains, upgrades & maintenance, enhancement
with links to JeffCo lodging, dining and events
Special Events, Promotions, Marketing
Museum Expense Code # 66120 ............
$ 3450.00
$5000.00
Kitsap Sun: NW Navy Life Circular (250)
A & E Circular (185) Promotional Event Fairs (500)
Media / Advertising Promotionals ($1065)
Rental Portfolio Packet ($3000)
Professional Services, Proiects
Museum Expense Code # 66122 ............
$ 3100.00
`3050.00
design, graphics, content, branding, advertising, web input 1200-600
Oral History Project (interviewer, supplies)
550-350
Jefferson County history / culture publications
1050-200
Accessioning input
300-300
Professional Services
-$1600
Travel I conferences, postage, copies, office ...... $ 700.00 $1400.00
Conference I Convention I Meeting 100 -100 Museum Expense Code # 66130
Office Expenses, Program 200-200 Museum Expense Code # 66171
Travel 100-300 Museum Expense Code # 66195
Office Expense, Administration 100-200 Museum Expense Code # 66265
Postage, Administration 100-500 Museum Expense Code # 66267
Printing and Copying, Admin 100-100 Museum Expense Code # 66269
TOTAL LTAC 2017 - -2-018 request for Museum tourism promotion / facility services = $15,98 x;23, 3.1 G
Page 7 of 9 Quilcene Historical Society
Exhibit B
Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28th of each Year
Lodging Tax Reporting Form
Orgarnxatioms recening fitnding to promote Sestisals. -special eve and twzism related actmiiie, through terms -retitled facalibes
owned or sponsored by non-profit organuawns or the local jurisdictions are required to cowlete this form for EAC H actnity-
I Orpr im m Name:
ReparRnr Year:
? Spoosar Type (CLedt Oce):
0 501(c 31 0 5040M M
� Loral Jatisbctwu 00d. (E.VI..):
3 Acttvm Name:
QReprxsetaa . Surrey
bhn[ al Surrey*
Aaevzty hgie (Check One):
awry suwf* 0 Facility*
0 MX&et r
5 Actnim Stwt Date*:
6 AcUM Ead raze*
Tcal , est ciAcMIM, 5
9 Amami Reques ed: S
9 Amamr Axuded $
10 0veraRAttendmce*
J0 Pmjeaed*
W) Acme:*
c; Medwdaiogy (Check One):
C)Catmt*
oladna Cron'
QReprxsetaa . Surrey
bhn[ al Surrey*
0 Su roared Ezzum#
Otber (mo):
11 Number of Attendees Who Traveled is Mies or Mme*
a} Pm2eaed*
b) Acme'*
el MeftxWap, (Cheri 0-t: O Duw Cornu*
Mrert Cam' Repmomme Surrey*
htfeamvrl Stntey � SffitumrntEst�ane*
0 «ham ( �:
12 Number adAueaddeees LiU Traveled fiam A dw Stye ar Cutm v*
a) Pm, *
b) Actual*
ciLv (Check One):Ino cot=*
0 bduact Couce O Sungeyo
�yLriv..
n�alS•' �SavcruredEsamtare*
odw (ewum):
*See Lodging Tax I earh Reporting De6nitions,'Ia3trnctions
Name of Indevkual %Iw Wwared Repar :
Pbane a:
RETL KN THIS FOK%f TO:
E-Mnl s
Jefferson County Administrator's Office
18'0 Jefferson Street
P.O. Box 1226
Part Townsend. WA 98368
jeffbocc€dco jefferson.ua.us
13 Ntmub r of Asamdees Who Stayed Overc4 t m Unpaid Acracinuxiadmo
al Projected*
bl A=90
c) 1lh++t��dw&bL• (Check Otiel: Dict C4=*��
!„,JBUbm Caoor" a Surrey
iaknog Siavey* 0' Sttuctared Esumart'
:
14 Nutobetef Attendees Who Staved Ovenight m Poi Accaamrodarume
al Projected*
bl Attaa"•
cl Medwdckg}• (Check One): 0 Duma Corot*
2adeect come 1 JRopressu me Siuvey*
Iaftraw Survey" [Vj1 Structured Estimate•
Odw
15 Nmzbet of Add La dgiq_ Night; -
a) Poecud*
b) Actual*
cl /M*�erhodab} (Check Orie): Dnct Croat*
,j hubrect Comet* QRepreseDtatite Slaney*
0 Jmfamsal SM,.Y- V Snucnned LSt3mx
S (:
DEADLLNE. Febraary :8th of Each Reporting Year
Page 8 of 9 Quilcene Historical Society
LTAC Yearly Reporting
Definitions/Instructions
Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon)
Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention
center)
Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but
may also operate for less than a full year.
Activity Date: Activity beginning and ending dates.
Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter
the number of persons estimated to have actually visited area as result of marketing activity.
Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of
persons expected to visit area as result of marketing activity.
Methodology: Select the methodology used to estimate the actual number of visitors/participants.
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at
entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly
from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed
discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/ participants. A representative
survey is a highly structured data collection tool, based on a defined random sample of participants, and the results
can be reliably projected to the entire population attending an event and includes margin of error and confidence
level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner
that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire
visitor population and provide a limited indicator of attendance because not all participants had an equal chance of
being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For
example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international
building code allowance for persons (3 square feet).
Other: (please describe)
Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity.
Total Attendees Traveling 50 miles or more:
Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For
marketing organizations, report visitors traveling more than 50 miles to visit area.
Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of
visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of
visitors who traveled from another state or country.
Attendees who stayed overnight:
Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such
as hotels, motels, bed and breakfasts, etc.
Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such
as family and friends.
Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons
occupying one room for one night.
Page 9 of 9 Quilcene Historical Society
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: February 12, 2018
SUBJECT: AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of
$23,610; Quilcene Historical Museum
STATEMENT OF ISSUE:
This agreement provides grant funding for 2018 to certain non-profit agencies for the promotion of
tourism and ongoing preservation of Jefferson County's heritage. This funding has been budgeted from
the Hotel Motel (Lodging Tax) Fund, as recommended by the Lodging Tax Advisory Committee.
FISCAL IMPACT:
Quilcene Historical Museum $23,610
RECOMMENDATION:
Approve and sign the agreement.
REVIEW -ED BY:
4orl4eyoufAdmini ator ate:
CONTRACT REVIEW FORM
CONTRACT WITH: Quilcene Historical Museum S _
(Contractor)
CONTRACT FOR: 2018 Hotel Motel Grant Funding (Lodging Tax) TERM: Ends 12/31/18
AMOUNT: .$23,610 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
vendor List Bid
RFP or RFQ
Step 1: REVIEW BY
Review by:
Date Reviewed:
APPROVED FORM Returned for revision (See comments)
Comments:
Step 2: REVIEW BY
Review by:
Date Review(
APPROVED AS TO FORM
Comments:
MReturned for revision (See comments)
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Jefferson
Townsend,
February 13, 2018
Quilcene Historical Museum
Larry McKeehan
P.O. Box 574
Quilcene, WA 98376
Re: Agreement for 2018 LTAC Funding — Quilcene Historical Society
Dear Mr. McKeehan,
Enclosed for your signature are two (2) original agreements for 2018 Lodging Tax
Funding. Please sign both originals, keep one original for your records and return the
second original to the address listed above.
Please remember that on or before January 31; April 30; July 31; October 31, 2018 and
January 31, 2019 you are required to provide to the County:
• A quarterly report of the use, services, programs and activities under this
agreement for the prior quarter;
• A quarterly financial statement detailing revenues, expenses and cash balances for
the prior quarter; and for the final quarter report, the financial statement shall also
include a detailed financial statement for all 2018.
Thank you for your assistance.
Sinc ely
eslie Lock
Executive Assistant
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us