HomeMy WebLinkAboutAgreements/Contracts - FairgroundsK20-030
The Grant County Fairgrounds
Personal and Professional Seri ices Agreement
This agement is entered into this 3rd day of February 2020 by and hetuL-en The Grant Count%y F�airprounds
and I Inruh Manap�.em nt and Consulting., I J C doing husinesc as Omp,�on Beverage Ser. iccs.
AKtw,ti�,re, is rc tw n the trt�rs heretu_yu fotbwk;
In consideration of the mutual cuvcnant., condition., agreement'., and stipulation'. cuntained in this
-.-rcement, the Parties agree a'. follow•'.:
KlrltlN
The brant County Fair grants ()rcgou Beverage Services for the trim specified in section S in the
Service Agreement. the exclusive" right turd privilege to conduct all alcoholic he mige
concessions and services at the Grant County Fairground., The "Cooccssion Rwincss."
'Sperial privilege will be Oven during the month of August to the Rodeo Association to continue
their pre-eaistinsr event.
It. FACILITIFIS
'ihe space Shorted to Oregon Bry crape Service'., for the operation of the
Curccteion Business. shalt con'.isr of be%crapr concession locations at tltc
facility as agreed to by the Grant County i air�Tounds.
Irl, OPERA'noNs OF BUSINESS
A. It is agreed that concessiuns twisinrss shall be operated in the name of
Orc`gun Beverage Set•vices, and not in the name of the Grant Courtly
Cairrmnunds or Fair.
B. Oregon Beverage Services shall not alloA the Premises. or any pan of
such Premises. to he used for any pouputr other than tht Concession
Business. or to become vacant during any periods that (rq'on
RevMgc Service'. i'. required to conduct the Concession Dusincss, or
permit the Premises to be used, in whole or in part, by arty other firm.
corporation, or other cntily without the c(esent of the Grant
County Fairfmunds.
C. Oregon Beverap r Services shill be open for business during the times
the Fairgrounds is open to the public, and at events as mutually agreed
upon by Oregon Beverage Scnricft and Grant County Fairgrounds.
1). The Grant County Fa4rrounds and Oregon Renu gc Serb ices w ill
ague on all issues related to menu items. Prices. portions and the like,
Acceptance aril repeat clientele arc important mid shall be factors
considered when establishing menu items and pricing.
L Oregon Beverage Services agrees to supply the client a statement of
revenue or u>a;c, using mututalh agreed upon accounting methods..
within 24 hours after the cmnplction of any facilih went.
F. Orcgon Bevcrap;cs Services apices that at all tunes herein mentioned
it shall operate the Concession Fiustn¢cs in accordance with the
applicable law" and industry standards.
G, Oregon Beverage Services will acquire and maintain a Sports, and
Entertainment License front the Wa hington State Liquor and
Cannabis Board.
IL Orcgort Beverage Services will be responsible for. and payment of. all
alcohol related security and alcohol monitor services.
IV. FINANCIAL ARRANGGMFIJ'I'S
A. As consideration (begun Heveragc Cervica agree" to pay the Grant County
Fairl rnxmds the f'olluwing on }t oss sales- (Guaranteed Percentage Per F've'
$0 - $100.()(x)
-1 WO
S100.001 - S150.000
35%
$150.001 - M.U()0
40%,
S200.001 - S25U.(x)0
45%
(her S250.000
50%
' Gr(cc Sale" to be calculated after all slate and local taxes have been paid
V. JTRIM
The term of this A,rreement shall hegira on the date "et forth above asci shall
be itz eftcct fur a three (3) year term. At the end of
that period there would be an opliun rix another two (2) year tens. I'M, completion
cif each contract. the parties could rcr► otiate any porion of the contras:_
Vt. MFRCHANDISF PURcljASFS
Oregon Beverage Services Shall make all purchases of tiro(, bevcrrm. watcrials for tree or sale by
nrcgon Beverage Services. in its own name and paid promptlyd.
b}' them. (;caret County 1 air c,un�
sha!l not he liable or traponsiblc, in ;ire way. for ani dchrs comtracted by Ort-gon Beverage Scrviees.
()regon Beverage Sen'ices agrees and understands that honoring urant County pairgrotrnd's
,,ju sombip rctatitxzships may involve nal purchasing or selling certain specific itrttts or prcatiucta.
Oregon t3rrvcrage SMitrs agrfes, ac directed by (irattt Counly Fairgrounds, to abide by these
rclarionships except As prohibited h) law.
V11. E4iPI.oYCI:C
A. Any cmplorecs employed by (hrgotr ueycrage Scrsices to %%url: on
the Prrmi"e" shall he accc-ptahlr to Grattt County I-airgmuzxN.
B• All employees of Ore•"on Bevcrare Services shall conform to the rules
and regulations curtcntly established or in force, of which ma% be
established reasonably in die conduct of (;rata County I airgrottrids.
C Grant County Fairgrounds shall have (lie right to require the
rc-moval froth the Premises any employee of Otvgon Bc%eramc
Scn'iCes whose conduct shall he unsatisfacto n to Gram County
Fairgrounds.
D , fhrgon Reserage Sorvices sltull employ and provide for the condi :t
of the Concession Business for the events, as many eortcessfons
workers as determines! by Orcgom Iteveragc Services. All such
emplOces shall be interviewed, trained and scheduled by Oregon
Reverage Seniccs. Grant County Fairgrounds shall have the right
to require the t rmitation ofany of such employees whtr.,c
performance or conduct is Unsatisfactory.
Oregon Beverage Services and Grant Camp Fairground., shall
comply with all Federal. State and local laws and regulations. now in
force or which any guvemmnenlal authority may enact.
(hcgan Beverage Services agrees to maintain a staff of cmpluyees. as
determined by Oregon Beverage Santee, to he sufficient to conduct
the operation ofthe Prcmnises in an efficient manner.
Vill. (I.AIMS
Claims for damages rising out of the operation of Crrgnrn Reveroge Srn ices busitness that are cwercd by
insurance shall be fwsdled by fkrgun Beverage Services and Oregon Revenge Services shall exercise due
diligence in affecting statement of sash claims.
IX. I .IC ENSF
DurirI6 the term of this AgrcemenL Oregon Reveravc Services. shall be required to maintain 2% var
year amurtd
Washington State Liquor License and alcohol server licenses for all servers, as well m any required I leafth
L)cpirunent Permits. Said licenses shall be of a nature that will allow them to operate the type of ntiy itie.,
comrocicd to be MId at the Fair, msunds facility_
X. INSURANCE
A• Cattractor shall prOctac and maintain insurance of the following
kinds and minimum limit,:
A. Wurkmcn's C'ompeteation Ituumnce as prescribed M the
laws nfthe State of %ashingtom and shall maintain Wortcts
Compensation insurance in accordance with IIIc State of
Washington Labor Code thr all employees agents, and
volunteers eligible for such coverage under the
Industrial Insurance Act.
b. Comprehensive General Liabilin and liquor Liability
with total limits of two million dnllars (52.00O.(XW))
Contnsctur will cam,an umbrella of two million dollar
(S2.Oo pOo) ahon'e its regular policy.
1. Oregon Bevcnge Scrim shill provide Grant Counn Fairgmi ds,
prior to cmering the Premise. CCrtiflCatCS of Insurance with
respect to the n pes of insurance limits enumerated above
.. Tan (10) dayi notice must he given to Gear ('ounty Fairgrounds
by Oregon Beverage Services insuraree providers) of any
eancellatiort of iaarrance and any cane lation of coverage my
become the sol" justification of the immediate termination of this
Agreement by Grant County Fain;rounds.
Insurance will include coverage fur Additional Iruur"ds:
Grant County Faifgooflds, It's Officers, Agents, Employees, and the
Rvard of County Cummimivracm as respects to the work
pertormed by the insured.
Xl. rAX1:S AND FF:FS
Oregon Beverage %Crviccs shill obtain all licenses as neCeasary to run the professional concession business.
Any and all taxes. fees. and assessments, including, but not limited to, license fees, foes fur pcnnits. sales yr
use taxes, personal property axes, or any u her truces that may he levied or ass"sseyl es the assets, btnjes Ca or
capial of oregun Reveragc Services with rcspccl to the Concession Rtrsinccs, oil Oregon BeverageSeryices
rss, or on the merchandise carried by Oregon Re' mgt Services for the taw
income from the Concession Busirt
in the Concession Rusineas by and duly conuituted local. city, county, stale. or federal. or other gvsennnental
authority. shal I be burnt and paid for Oregon leverage Services.
X11. Wf1111IAL INDF.MNIFICAIION
Oregon Rewerage Services w ill at all limes indcannif% and defend the Grant Count
Fairgrounds agairtvt and hold hatmlem tilt (iranCal rnntty 1 airgrounds from allactinic
claims, dcmarals. Iiabililies, uW damages that may in any manner he imposed on or incurred
by the Grant County Fairgrounds as a cnrtseyucnce of. or arising out of:
a. Am' act. defaull or omission on the part of (regun
Reverage Services or any of is ofFccm entplvvres, or
agent's or:
b. Any infringement by Oregon Beverage Services, its
oRicero, emplvyecc or agents. of any trademark.
copyright patent all in connection with the operation
ofthe Premises and Business,
The Grant Cnentt Fairgrounds will at all times indcmrtifx and defend
Oregon licvcn4,c Services against, and hold Ckcgon Bcvcrage Scnices harmless from all
actions, claims, demands. liahilitics. and dwatages that max in any manner be imposed nn or
incurred by Oregon Rev Crag" Sen ices as a consequence oL n, arising 0111 of.
a. Any act. default or omission on the pan of (iranll County Fairgruunds
its office", e1111310)ecs, or agents:
Any infringement by Grant County fairgrounds, its
office". employ ccs, or agents. or any trademark,
enPy'right patent. all in connection with the operation of
the Premises and Business.
XIII. NOPARTNCRSIIIP
It is undcmood and agreed flat nothing contained in this Agreement shall he considered as in any way
Constituting a ptMership between Client and Contractor.
XIV. GOVERNING LAW: FNrOR('F.MENI'
It is agreed that this Agreement shall he gnvOrned ht', construed, and cnt'nrcW in accordance with. the laws of
the State of Washington- In the event that legal counsel is employed to enforce this Agreement of any
provision hereof. the prcvailing part) shall be entitled to recover from the uthLr pan all ofthe prevailing
party's costs and expenses relating thereto, including, without limitation, reasonable attorney's fees.
XV. LNTIRLAGRFEMLKr
'Ibis AgtctmcnL and all Appendices attached hetero. constitutes the entire agrctiment hctween the patties and
any prior undcfstanding or representation of any kind shall not he binding upon either putt' except to the
extent incorporated in this Agreement.
XVI. MOUIFICA170N OF AGRFFMLNT
Am modification of this Agreement or additional ohligation assumed hv' either pam in connection with this
Agreement shill he binding nnly if the evidence in writing are signed by each part. or an authorimd
rcprewntativc ofeach parry.
In WIINFS$ WHFREOF. each pany to this Agleement las caused it to be executed on the date set forth
below.
t /xtirant
urn) a r}mw Oregon Reverai c Set,iccs
Cindy ('aver ('artoll Unnth.
('nmmissioner lOzte owner i Date
0rcgon Beverage Services
/g0 PO. Box I234
S ern. Oregon 973118
Tom Taylor Vice Chair /faun-
Richard Stevens, Member
ilxitc
Gram (bunk F'ahgrounds
395; Airway rh NL
Musec Lake. 1V3shingttn 9883'
plraw o£n and rerwn on »pr and k- f, rhe nrh•r cops :Inr oYwr rccvw h