HomeMy WebLinkAboutAgreements/Contracts - BOCCGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00prn on Thursday)
REQUESTING DEPARTMENT: BICC / LTAC
DATE.
in Gingrich2/1324REQUEST SUBMITTED BY:
PHONE: 2931
CONTACT PERSON ATTENDING ROUNDTABLE: J• Gingrich
CONFIDENTIAL INFORMATION: DYES RNO
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LTAC Agreement 2024M16 Winin
forthe e� April Bass Event in the
amount of $20,000.00,th Limit out Perform inceMarine fort
Ut- AU I ION: -
DEFERRED OR CONTINUED TO:
APPROVE: DENIED RBST
AIN
DI:
D2:
D3:
GRANT COUNTY TOURIsM PROMOTION AGREEMENrl
LTAC GRANT #: 2024-16
EVENT: Big Bass Tournament Trail -April Event
ORGANIZATION: Limit Out Performance Marine K24-029
AMOUNT: $ 20000
THIS AGREEMENT is made b and
. y between the Grant Coun a no -
of Washington, hereinafter ref �r tY, non -charter County of the St
erred to as County, and Limit Out . ate
referred to as "The Enti " jointly Performance Marine hereinafter
ty, referred to as Parties."
DEFINITIONS
Tourism Promotion.-
"Tourism promotion"..
designed - rn sans activities, opera tions a
g to increase e tourism, includingbut • and expenditures
distributing t not limited to advertisin publicizing, .
ting information for the pu ose of at g' p ung, or otherwise
to ex rP tracting and welcon�in , tourists;' •
panel tourism.; operating tourism r � veloping strategies
promotion agencies; and fundin the mar
operation of special events and fe§tivals'-de'--
signedfeting of or the
to attract tourists.
Pu�d(s)m "Funds " is def 1.:
ned as any amount of c
ompensatton derived from the Iodgin tax
of Grant ourity which is allocate t - g monies
d to the Entity for tourism ro '
p motion.
IN 'CONSIDERATIONco .
of the terms and conditions.
agree as follows: contained herein, the Parties covenan
t and
1.. Pitt• �e �i Ag'r'eement
•
. mcu�. The purpose of this A eemert '
to promote tourism -in Graf t� Co 1s for the County and the Entity
unty. The Count a ees t0 make ` tY
- the-purpose�of tourismY � funds available to the Entity promotion to attract visitors ntity for
Grant County. overnight to ' create business and .
Y ... revenue in
2. Adi�in.stration. .
The Board of Count Commis
prima contact for Y stoners Office shall :administer a
rY The Entity regarding terms - of nd be the
determined b g tis agreement. For ood- :ca
y the County, the .Count may direct g use, as solely
said funds .Y Y ect that the :Entity is no For
longer entitled for tourism protnoti�on and fermi g ..led to the use of
. nate this Agreement.
.Representations*Thehe Entity shall use the :funds
:received received from the ounty for touri
promotion. and advert* -solei .for • � sm
g y . the. Purposes and in accordance'
by the Entity to the County. The E vvth the proposal submitted-
. tY . _ ntity shall perform .these '
and promptly .cure an failure ' rvices and.work set forth in the ro os
Y . in performance. The Counth4s,reliedp p a1
made by the Entityin th y upon the re resent '
e proposal. - By execution of this p ations
funds will be used fr Agreement, the Entity re resent tourism promotion as'' .defm represents that the
current Laws :. ed �Y this Agreement in..accord '
, rules and regulations. No substitutionsance with all
without the of purpose or use of the fund
written consent of the Count . The s shall be made
Y County shall make decisions and •
responsibilities in a timet manner carry out its other
Y
GRANT COUNTY TOURISM PROMOTION AGREEMENT
4. Reclutrements for Grant Use. Requirements q rements for use of this tourism promotion
include but are not limited to the following: granis
a. This agreement must be signed. and returned reed to Grant County within 60 -das of
issuance. If this agreement is not signed b theY
� by entity and returned to Grant Count
within 60 days for full execution this a -eem Y
gT ent will become null and void.
b. All requests for reimbursements -for
your event or promotion are required to be
submitted. to Grant County within 60 daysof '•the.. completion_ of your event. Failure
to submit your reimbursement .claim within .60 .
days will nullify thi
s agreement.
C. All requests for reimbursements must be'
filed with Grant County no la ter than
Friday, December 13, 2024, without exception.
p on.
d. All requests for reimbursementsu
p completion of event, must be filed' on a Grant
County approved invoice that details the reimbursements requests.
e. Individual event re uirem
.. ., q ents, if necessary, vcrih be addressed in A end'
f. Event reportln must bo 00 = :.: -'. zx 1.
g melted prior to any ffiinds be
iri reimburse
g d.
5. WporLmge, RCW 67.28
...:1816 as _amended .includes re ortir �e uire - •
and the Count on thefUnds � g q .ments for the Entity
y use of distributed
Pursuant.to, this •
actual n P .A.greement and the estimated and
umber of increased visitors. These re o •
p ris are required to be: provided by the Emit to t
County and by the County to the Joint Leg*'. _Y he
gislative Audit; and Review Committee
County will not process requests (JLARC)• The
p q ests for reimbursement without the ro nate r
- pp p reports. The foliowzng
provisions allow :.the - Entity ; and The Count : to '
y meet their respective requirements under R
67.28.1816. Cw
a. Estimated Increase in Visitors: As •
part of its LTAC application, the Entity shat
• y 1
provide, the County.wth an estimate of the •
number of visitors resulting :from the
use offunds under.this Agreement.: The esti .: •
mated number of visitors provided shall
be consistent with the tntityip's _ proposal to. the County for lodging. tai funds t
extent such estimates were provided thereino the
.
b. Final Rebort on Increase in Visitors: � -
- Upon completion of the tourism romotio
specified - with , the. a licatio p n as
pp nand .this Agreement; but no later :than
afterward; the Entit s 6o -days
y shall complete a report substantially and r
a final 're Y pro to the County
port of the number of visitors resultin ' from t •
g he use of funds under this
A.greem:ent and expenditures` and uses of fii '
nds under this Agreement: The numbers
of visitors shall be based on an actual count •
or Of is not practical to make an actual
count, a good faith best=estimate of the number of
visitors resulti
ng from the use of
funds under this Agreement. The final r
eport shall describe the methods used to
determine- the actual- number
of visitors, or in the event such numb
determined from an estimate th '- numbers were
e methods used to determine such estimates.
c. County Re ortin : The Count hall provide Y sp ide the Entity s estimates and final report
to JLARC as part of its annual re ort. d.
.bp
d. All reimbursement requests must incl
. ude copses of the
invoice, receipt of paymentand/or tear sheet to provide proof of request, payment,
and use. All reimbursement
requests must be submitted on an '
itemized cover invoice provided by the County.
Y
%,YRANT COUNTY TOURISM PROMOTION AGREEMEN
i
6. Modifications. The Count may .
County y modify this Agreement and order Chan '
whenever necessary or advisable. The ges in the work
Entity will -accept modifications cons' '
local law when directed orallyor in writ' - .. consistent with state and
writing by the County Commissioners or designee.
signee.
7. - Term of Contxact. This Agreement shall be in full force and effect upon full. execution
and shall retrain in effect until tegmina '
. ted either by The Entity expending th
funds or -completion of the too ' p g e allocated County
risco promotion activities. Either patty.. may t `
Agreement by 30 days written no ' Y ernlnate- this
Y tice to the other Party or with no notice
upon a determination by
the County that the funds will not be or have not been used for the
Agreement. 'In the event of such -te purpose as stated in this
rmination, the - County shall cease anddesist -
any further funds to The E from distributin
ntity for work performed or otherwise. T g
for all work satisfactorilyhe County shall make payment
performed up to the tune of to p Y
rminati '
8. C61 eiisatio' n. The
County agrees to pay the Enti an a
recommendby' the tY mount not to exceed 3$20000. a
y LTAC and approved by the Count C
and r y ommissioners upon pro er documentation
repo requirements be -in colo 1
p mentation
g _p eted. The County shall pa the Entity •
of approved docum entation to the . y y upon presentation
County. The Entity shall b'e res onsi .. . ;
County funds were used p ble for showing that the
for tourism promotion. The roof 1
reimbursement p o f expense's es shall b e forv�rarded
to the LTAC Clerk, as art of required for
p , .. .. q . lred rep ortxng, at the below stated a
later than 60 -da s from the completion address no
of .our event but no later than the 1 nth
the year that funds were awarde - day 0. Decen�iber in
.d, for year around _promotion.
The County reserves the ri . .
ght to withhold payment of funds .
determined in the reasonableunder this Agreement which is
judgment of the LTAC or designee.
to be nancoinpliant with the sco
of work, :the County. standards, and the C pe
ounty. ordinances, ,or federal or state law.
y
9. APP lie able Inas , •
aid Stagy d ard.s..- . The Parties in the e
3 ,_ p ; rf rmance.. of -this A Bement
agree to comply:with all. ap hcable. feller gr ,
P a1, state, and -local laws, ordinances
and regulations.
10. -Relationship. of the Parties.. It is understood a ee
employees a ent , . - d, .and declaxed :that the Entit
g .: and assigns sha11 b:� an independent y, Its
of the Count t t contractor and not the :agent or em l
County, that the County is interested in only . � : � . .:p °Yee
y the results to be achieved
andthat
control the particular manner, method and t the right .to
means in which the services are -
within, the discretion of the Entlt A performed is solely
- .... .. y All employees who. provide. service
Agreement shall be deemed em 1 = s .to the County under this
p.. ogees. solely. of the Elitity....The Entit steal iblefar the conduct and actions of a : . y l be solelyrespons
_ all employees of the Enti under '
ty this
_ Agreement and:that may attach thereto. any liability
11. Records. The Count o • .
. y r State Auditor or any of their representatives
to and the _right to examine during� - sha11 have full access
normal business hours all the P,'
t 's r 'matters covered in this A cementY ecoids with respect to all
' .. Such representatives shall b eis from p enn ltted to audit, examine and
make excerpts or transcri
p om such records and to make audits o
materials, payrolls and record fall contracts, invoices
o f matters covered b this Agreement
from the date final payment Y gr meat for a period of three ears
p y nt is made hereunder, y
"RANT COUNTY TOURISM PROMOTION AGREEMENT
12. Inde reification -and Mold Harmless. The Entity shall, at its sole
indemnify ani, hold harmless the Co expense, defend,
County and its officers, agents, and employees,
claims, actions, sults, liability,loss c . , . from any and all
osis, attorney s fees and costs of lits ation ex
and damages of any nature whatsoever relating g � pareses, injuries,
to or arising out of the. wron
errors or omissions in the se . gful or negligent acts,
services. provided :by the Entity, the Entit 's: �a e
sub consultants and employees to the ful Y g nts, subcontractors
Lest extent bylaw subject o
provided: below. J only to the limitations
The Entity's dutto defend i
Y . ndemnify and hold harmless the Count
damages arisen out of y shall not apply- habllit. for
g ;- :such services caused b or resultin fro
g m the sole li erice:ofthe Coun
or the County's agents or em p to ees g g tY
p .y _ pursuant to RCW 4.24.115. .
The.Entitv's.dutydefen to d, indemnl:fy and hold harmless tliability
he County against for da
arising out of :such services caused b` ..the cont :: mages
Y arrant negligence of (a) .the:.Coun or the
agents or employees; and(b).th� EVntY _County s
ntity, the tlt s a ants su
em 10' ees shall y. g. bcontractors, . subconsultants and
p: y 9 apply only. to the extent of the no 1i ,
sub contras : L g Bence o f the Entity, tile" Enti r 's
tors, subeonsultants and em 10 _agents,
p y
The Ei�tit 's diet to defe •
y :y red, Indemnify and hold the Count ha
demands Iosses `a y rmless shall Include, as to all claim
:red liability to which it a lies the`Co - '
attorne s' fe ]�P unty, s personnel -related costs reaso
y es, and the reasonable value of an se nable
Prosecuting Atto` y rvlees•endered by' the office of file Cour
tY
g rney, outside consultant costs court. -
costs, fees for collection, and all other cla' -
related"experiseso 1m
The Entity s ecficall "and* -� '.. .. ; . , - ..
p y expressly waives anyimmunity
Washington State. y that may b e granted under the
gt_ Industrial Insurance .Act Title 51 R
W. These Indemn� ficatlon of ate
not be"' limited in an wwa g . ons shall
y Y by any 11mltatlon on the amount or -
benefits a able to orfib type of damages; compensation or
P Y .r any third party -under workers' com.; e. ` :.: .: - - . , ..._ . , ; .:.:. ; , , : .
or other. em Io ee benefits compen acts, disability benefit acts
p; Y . acts. Provided that the Entity's waiver extends onl to cla' - =by."ihe"C'
of immunity under this rovision
Y ems against the Entity unt a .
•y, nd does, .riot- include,- or ;extend t
claims by the Entity's employees directl o, any
- Y y ;against the Entity. The Entit hereby
ind�rri111 f ~lCat1o11` y y certifies that this
provision
was mutually negotiated.
13. waiver. No offic
er; employee, agent, or other individual Acti
has the power, ri ht or auth ting on behalf of either Fart
g orty to waive any of the conditions or = y
A waiver in one instance sha provisions of this Agreement.
ll not b e held to b e a waiver of
nonperformance. All remedies any other subsequent breach or
dies afforded in this Agreement or
as cumulative • • bylaw, shall be taken and construed
,and in addition to every other remedy
Part to en y provided herein or by law. Failure of e`
Party force at time any of the provisions ether
p ons _of this Agreement or -to require
performance by the other Pa of an proVi �' ' q at any time y p vision hereof shall in no way be construed to be a waiver
P hall it affect the validity of this Agreement greement or anyp art thereof.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
14. Assignment and Delegation. Neither Party shall assign, transfer or delegate any or all the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the
written consent of the other Party.
15. Subco, nt*r'•acts. Except as otherwise provided herein, the Entity shall not. enter into
-
subcontracts for any of the work contemplated under this Agreement without
written approval of the County. obtaining •prior
16. Confidengah
The Entity may, from time to time receive information whic
by the County to be confidhis deemed
confidential. The Entity.shall not disclose such information without •the
express written consent of the County or upon order of a Court of co - t. - ' . . Prior
competent jurisdiction.
17. Jurisdiction and Venue. This Agreement
is -entered into in Grant County,
Disputes between the County and the Entity shall be resolved in the Superior Court Washington.
d of the -State of
Washington in Grant County. Notw - ithstan ima., the foregoing, the Entity agrees that it May,: at the
County's request, be joined as a party - - - %..W . . .
third party that includesa cl - in any arbitration proceeding *between the County and any
Aim or claims that arise out of, or that are related to the Enti-ty5s services
under this Agreement. The Entity further agrees that the Arbitrator(s) decision therein shall be
final and binding on the Entity and that judgment may be entered upon it in any court having
jurisdiction thereof.
18. Cost and Attorn,ef s Fees.
Theprevailing party in any litigation or arbitrat'
of this Agreement shall. beentith ion ansing out
entitled to. its r
easonable attomey,s fees and costs Of such litigation
(including expert witness fees). m I
190 Eniir°e Mreement This'' written nentconstitutes the entire and complete agre
between the' Parties and' ement
supersede's any prior oral or written agreements. * This Agreement may not
be changed, modified, or altered except in writing signed by the Parties hereto.
20.. Anti-Idekback. No officer ore of the County, havinthe .
perform an official act or action related tot Agreement shall have g power orduty to
or acquire any interest in this
Agreement, or have solicited,, accepted, or granted a present or future gift, favor, servic e., or other
thing of value from any person with an in in this Agreement,
21, Severabili If any section5 sentence, clause, or phrase of this Agreement should be held
to be invalid for any reason by a court of competent jurisdiction , such invalidity shall not affect
the validity of any other section5 sentence, clause, or phrase of this Agreement.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
ENTITY APPROVAL:
nr21-
Laipesysriion
_T
COUNTYAPPROVAL:
ORGANIZATION: Limit Oftt Performance Marine
EENIT: Big Bass Tou' -•
anient Tl . April Event
AMOUNT: $ 20000
Signed this day of
�___�" 20240
1�
GRANT COUNTY
IMMIS
VRD OF C
SIONERS
Cindy Carte Chair
D•
>
Rob Jon" es, Member
ATTEST:
Barbara J. Vas q Clerk o e o ard
Date
Approved as to farm.:
Barbara G. Duerbeck, WSBA 453946
Grant County Civil Deputy Prosecuting Attorney
Jerry T. Gingrich
From:
Sent:
To:
Subject:
This has my approval.
Thank you,
Barbara G. Duerbeck
Tuesday, February 13, 2024 8:32 AM
Jerry T. Gingrich
RE: LTAC 2024-16, Big Bass Tournament - April
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney�s Office
Civil/Appellate Division
509-754-2011
Extension 3912
baduerbP,Plkr&,grantcountyMLg.gov
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From: erry T. Gingrich <jtgingrich@grantcountywa.goV>
Sent: Tuesday,, February 13, 2024 6:29 AM
To: Barbara G. Duerbeck <bgduerbeck'@grantcountywa.gov>
Subject: LTAC 2024-16., Big Bass Tournament - April
Please see the attached for your review and approvat.
Jerry To Gingrich
Deputy Clerk of the Board 2
Grant County Board Of Commissioners
PO Box 37
Ephrata, WA 98823
509-754-2011 ext. 2931
Fax: 509-754-6098
www. gran tcount wo. ov
_itginqrich@gran tcount wagov
_L�r