HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT.. BOCC / LTAC .2/13/24
DATE.
REQUEST SUBMITTED BY; J. Gingrich PHONE:
2931 -----------
CONTACT PERSON ATTENDING ROUNDTABLE: J. Gingrich
CONFIDENTIAL INFORMATION: OYES ®NO
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LTAC Agreement 2024-17 with Limit Out Performance Marine for the June Bass Event —in the
amount of $10;000.00.
DATE OF ACTION:�A 1%34,
t , -
APPROVE: DENIED ABSTAIN
Dl:
D2:
D3:
DEFERRED OR CONTINUED 0:
GRANT COUNTY TOURISM PROMOTION AGREEMENI
LTAC GRANT #: 2024-17 K2-4-030
EVENT: Big Bass Tournament Trail -June Event
ORGANIZATION: Limit Out Performance Marine
AMOUNT: $ 10000
THIS AGREEMENT is made b and between en the Grant County, anon -charter Caun of t
of Washington, hereinafter referred t tY he State
a as County, and Limit Out performance Marine'
referred to as "The Entity," jointly hereinafter
y, referred to as "Parties."
DEFINITIONS
Tourism. 1'ronlotion. "Tourism promotion" means activities, Operations- -
and expenditures
designed to increase tourism including uding but not limited to advertisin publicizing, distributing information for the u g, p ng, or otherwise
purpose of attracting and welcoming tourists; -develo •
to expand tourism;, operating tourism promotion ping strategies
p otion agencies; and funding the marketingof or
operation of special events and festivals des the
designed to attract tourists.
s
Fiund(s). "Fui�id(s)", is defined as an amount of compensation ompensation derived from the lodgingtax mo
of Granit County which is allocated to the Entityfor Hies
r tourism promotion.
IN CONSIDERATION *of the termconditions contained hereinthe Pat
and conditi, ries covenant follows: and
�.. hurp®se of ALreem-en-t. Theu. ose of this '
p Agreement is for the Count and the '
to promote tourigm in- Grant Count . The Y Entity
Y County agrees to make funds available to the •
the �pvirpose of tourism romation to � - Entity far
p attract visitors overnight to create business and
Grant County. revenue in
2. Administration. The Board .of County Commissioners Office shall administer
primary . contact .-for. The Entity regarding nllnister and b e the
ty g rding terms of this Agreement. For. -good
determined by�the County, Count g cause, as solely
Y y may direct that the :Entity is no longer entitled t
said funds for tourism promotion and g o the use of
p terminate this Agreement..
3. R.e rosentations. The Entit
y sha11 use the funds received from. the County
Promotion and advertisin solei ty for to
g y :for the purposes and in accordance with t
b the Entity to the he .proposal submitted
Y y County. The Entity shall. perform the services.
and work set forth in the proposal
and promptly cure any failure in erformance. p
p The County has relied upon the representations
made by the Entity in the proposal. B execution this - p ations
BY tion of Agreement, the Entity represents that
funds will be used for tourism promotion p t the
p as defined by this Agreement in accordance'
current laws, rules and regulations. No with all
substitutions of purpose or use of the funds
without the written consent of t shall be made
he County. The Count shall make decisionsres onsibilities in a ti Y and carry out its other
p mely manner.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
40 Reguirements for Grant use. Requirements for use of this tourism o o iongrant
include but are not limited to the following: s
a. This agreement must be signed and returned to Grant county within 60 days of
issuance. If this agreement is not signed by the entity and returned to Grant county
within 60 days for full execution, this agreement 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. days of the completion of .your event. Failure
to submit your reimbursement claim within 60 day . s •w
ill nullify this agreement.
c. All requests for 'reimbursements must be filed with Grant County no later than
Friday, December 13, 2024, without exception.
d. All requests for reimbursements, upon co letion of event, must b
County app MP e filed on a Grant
nt roved invoice that details the reimbursements requests.
e. individual event
requirements, if ne*c'es.s4r will -.be addressed in endix* 1.
y, -.b
;any funds bMb -d.
f. Event rp"portin gt be c, leiedMUS OMN.0'.prioreing reimbursed.
e
50 R
ded ing. RCW 67-2.8,1816. as amen cludes reportift`
or the Entity
.9 requirements f
and the County on the use of
funds distrib
uted pursuant to this Agreement •and. the estimated d
an
actual number "of 1 n -creased visit
-provided by the. Entity- to
..ors. These'reports. -�ired •to be
are req
the
County and by the County to the 'Joint L
egislative Audit and R. ew Co I
evi ee
Pmitt ARC'. The
- - k, '.' . . -� � � 1. � (JL.
County will not process u 1. ''
requests for reimbursement w ith6 t the appropriate reports. The following
owing
allow. the Entity and The Count to;mee't their respect -
Y ive. re irements under:-RCW
qu
67.28.1816.
a. Estimated Increase in Visitors: As part of its LTAC lication, the En't"ity shall
app
provide the -County, "th imate.o
with an -.est'
f the number'
visitor' resulting S reS. 9 from the
use of
_f4ndsunder.-thisAgreement: The estimatevisitors provided shall
d. numberof vis rs prov
be consistent with the Entity's" proposal. to the. County for lodging tax funds. to the
extent such estimates were.provided therein,
b. Final Rearton -Increase in Visitors: UpOncoMp ts Ale •ion of the tourism promotion as
pqci ed With the application' and'Ahis'; A ht - but -no Iator.* 60 -days
greeme than
afterward the-
Entit shall co lete a -rep
Y oft substantially and
provide to. the Countya final report of the' hurhber- of v1sitors*res'ulting* from th*,e- use
of •funds uider' this
Agreement and exp enditures"and -uses of funds ' -under thi8-Agreoment. The numbers
of visitors shall be -based on an actual count
or ifit is not practical to
Make an actual
count,. a good faith best' M e
Oki' at othe ,nuns he*,� of vis,ito -It* o
stars resulting ilig ft' use of
funds under this Agreement: The
final shall describe *
thb methods used to
determine the act•ual number' of -visitors or in the 'e event
at. V such numb erS Were
determined fro i an estimate the methods Used to d6t estimates.
ermine, such e lmdtes.
C. co!!D����� The"Counsha'
rovilip'tyde" the Entity's estimates
to JLARC a' s pa' M s and, final report
rt. of its annual report.
d. All reimbursement request'
s must in c*lude7 •comes of the invoi6e receipt of payment
and/or tear sheet' to provide proof of request, payment, and use. A11 re' imburse m-ent
requests must be submitted on an itemized cover invoice provided by the County.
kxRANT COUNTY TOURISM PROMOTION
AGREEMENI.
6. Modifications. The Count m '
Y may modify this Agreement and order changes g s in the work
whenever necessary or advisable. The Entity will accept :modifications consistent with
local law when directed arall or in writ' � - h state and
Y writing by the County Commissioners or designee.
. gnee.
7. Terms of Contract. This Agreement -
g� shall be in full force and effect upon
and shall remain in effect until t full execution
erminated either by The Entity
- expending the al
located Countyfunds or completion of the tourism Promotion
activities. Either P s written arty may terminate this
Agreement by 30 da
y n notice to the other Party or with no notice u on - ' •I
the County that the funds p a determination by
will not be or have not been used for th
Agreement. In the event of such to e purpose as stated in this
termination, the County shall cease and desist
any further funds to The Entity from distributing
ity far work performed ar otherwis.e. The County shall make payment
for all work satisfactorily performed up to the time of termination.
8. Compensation. The Count a ees t '
Y gr o pay the Entity an amount not to exceed +, .;..
recommend by the LTAC and a r :1:ooaQ as
pp oved by the County Commissioners upon
and reporting requirement's bein p proper documentation
q . g completed. The County shall a the E .
of approved documentation pay Entity upon presentation
to the County. The Entity shall be res ons'
Count funds were :p able for showing that the
Y used far tourism promotion. The roof of
reimbursement to thep expenses shall be forwarded for
LTAC Clerk, as part of required re ortin
later than 60�d P . g, at the below stated address no
a s from the cam lotion of - our event but no 'h
day than the I S day of DeCember •
the year that funds were awarded f ' In
or year around promotion.
The County reserves the right - '- .
to withhold payment o f� funds under this A-g�'eement which is
determined in the reasonable judgment of the LTAC or designee t
of work the County.g o be noncompliant with. the sco e
. standards, and the . County ordinances or federalp
or state law.
9. cable Daws and
Standards. The Parties, .in -the , erform '
agree to comply with all a lic ante of :this Agreement,
pp . able federal, state, and local laws,.'
aws
ordinances and regulations.
10. Rclationshi of the Parties, It .is understoa:d, :.agreed, and declared •
employees, agents and assi that the Entity, its
gns shall be .an independent contractor and
of the County,that the Co not the agent or employee
County is interested in only the res '
control t . Y : results to be achieved, and that the right
he particular manner, method and mea .. g to
within � ns in which the services are performed is
. hin .the .of the Entity. All employees solely
. Y. p oyees who. _provide services to the Count .
Agreement shall be deemed em to ees sole y under this
p Y 1y o f the Entity. The Entity shall b e s
for the conduct and actions of al Y alely responsible
l employees of the Enti under this
that may attach Agreement and an liability
y ch thereto . Y . y
11.
Records. The County or State Auditor or any of their representatives shall have full
to and the right to examine duringnormal buss access
Hess hours all the Entity's records with respect espect to all
matters covered in this Agreement. Such representatives.'
ntat�ves _shall be permitted to audit examine
excerpts or transcripts from. such records 3 examine and
make
and to make audits of all contracts invoices,
materials, payrolls and record of matters cove nvaices,
red by this Agreement fora period of
from the date final payment is made hereunder.three years
kyRANT COUNTY TOURISM PROMOTION AGREEMENI
12. Ind.ernnificati®n and Hold Harmless. The Entity shall, at its sole expense, defend
indemnify and hold harmless the Count and its office '
Y officers, agents, and employees, from any and all
claims, actions, suits, liability, loss, costs attorney's fees '
y es and costs o f litigation, expenses, in uries
and damages of any nature whatsoever relating.to ' ' � '
ora rising out of the wrongful or negligent acts,
errors or omissions. in the services provided by the Entit the '
sub co Y� Entity s agents, subcontractors,
nsultants and employees to : the fullest extentermitted
provided below. b
p y law, subject only to the limitations
The Entity's dut to defend inni
Y- defend, ,dem
: .... , fy and hold harmless the County shall notapply, to � ' '
damages arisin out of aiablhty.for
g - such services caused by or resulting from the sole negligence,
or the County's agents g gents: of the County
y g or employees pursuant to RCW 4.24.115.
The Entity's . duty to defend, indem nfyand i hold harmless - _ ss the Countyagainst liability
arsiri out g _ y for damages
g of uc se - aces caused by the concurrent ne 1i encs 3
g . g of (a) the- County or the Count s
agents. or employees, and (b) the Entity, the Entit 's agents,'
Y
Y g ts, sub contractors, sub consultants and
employees, :shall apply only to the extent of the ne li
g gents of the Entity, the Entity s agents
sub contractors, sub consultants and employees. '
TheEntity s duty to defend lndemni
Y and hold the County harmless shall include as '
demands, losses and liabilit to all claims,
y to which it applies, the County's personnel related c
attorneys' fees, and the reasonable costs reasonable
value ' �of an services ren ,
Y dered by the office of the Count
Prosecuting Attorney, outside consultant costs court costs y
fees for collection, and all other claim
-
related expenses.
The Entity spe6 icall and expressly , .
Y p ssly waives any immunity that xna be - ante
Washington State Indus Y d under the
g trial Itlsurance Act, Title S 1 RCW. These indemni fica ' '
tion obligations shall
note be limited iii any wwa b; an limitation
Y y on the amount or type of damages; -coYri ` ensation
benefits payable to or for any -thirdpaityandel•d
p or
Y workers compensation acts, is . .1 -it "benefit,.
or other employee benefits acts. Provided that Y acts,
the Entity's waiver of immunity under thisprovision
. tY - .
extends only to: claims against the `Entt b the' C •
f y y ounty, and does not include, or extend to an
claims by the Entity's employees directlyagainst the y
g . Entity. The Entity hereby .certifies that this
indemnification provlslonwas
-nutuall negotidte'd.
13. � '�Y�.iver, leo officer, eni toagent,. ..
. ... � p - yes, or other Individual acting on b ehalf of either Party
has the power, right or authorit to waive an of ' '
Y y the conditions or provisions of this Agreement.
A waiver in one instance shall not -be' held � � t'
to be a waiver of any other subse : uent 'breach
nonperformance. All remedies q h or
afforded in this Agreement or law, shall be tak
as cumulative and in addition Y � en and construed
addition to every other remedy provided herein or
by law. Failure of either
Party to enforce at any time any of the provisions of
. p this Agreement or to require "at an bine
performance by the other Party of an rovision here Y
Y p of shall in no way b e construed to b e a waiver
of such provisions nor shall it affect the validityof this
Agreement or any part thereof.
GRANT COUNTY TOURISM PROMOTION AGREE -M ivwa
14. .As si2nment and Delegation. Neither Party shall assign, transfer
I #-ff
responsi bilities of this Agreement or the benefits received hereun o delegate any or all the
written consent of the -other Party. der without first obtaining the
15. Sub
L0_ Mt r ae t s.Except as otherwise provided herein the Entity shall not enter into
subcontracts for any of the work contemplated under this A
written approval of the County. greement without obtainingprior
16. Con9409aLtv.The Entity may, from time to time, receive information which is deemed
by the County to be confidential. The Entity shall not disclose such information without the prior
express written consent of the County or . uponorder of a Court of co
mpetent jurisdiction.
17. lurisdieflon and Vom,
c.
This Agreement is entered into in Grant County, Washington.
Disputes between the County and the Entity shall be resolved in the Superior
Washington in Grant County. Notwiths Court of the State of
tanding the foregoing, the Entity agrees that it may, at the
County's request, be joined as a party in
any arbitration proceeding between the C'
third party that includes a claim or claims. that arise out of aunty and any
under this Agreement. The Entity fa orthatarerelate o the Entity, s services
final and binding on the Entity and further agrees that the Arbitrator(s) decision •therein shall be
jurisdiction thereof that judgment may be entered upon it in any court having
18. Cost and A.ttnrney 9s Fees. The prevailing party
in any •litigation' or arbitration arising out
of this Agreement shall be entitled to its.reasonable attorney's fees and costs
(including expert witness fees). of such litigation
198 Entire Aeree
m ent. This .written Agreement constitutes the entire and complete agreement
between. the Parties and supersed e's ' 0
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 -kickback. No officer or employee of the County,
having the Power or duty to
perform an official act or action related to this Agreement shall have or acquire . any interest'in
Agreement, or have solicited, accepted, or granted apresent or future gift, favor, this
thing of value from any person with an interest in this service, or other
s Agreement.
2116 SeverlhLML. If any section, sentence, clause, or phrase of this Agreement should beheld
to be invalid for any reason by a court of-conipetent jurisdiction, such invaliditv shal not affect
the validity of any other section.5 sentence� clause, or phrase Of this Agreement. /
GRANT COUNTY TOURISM PROMOTION AGREEMENT
ENTITY APPROVAL:
CJ ZATION: Limit Out Performance Marine
EVENT: Big Bass Tournament Trail - June, Event
AMOUNT: $ 10000
COUNTY APPROVAL:
Signed this day of
12024,
GRANT COUNTY
of Co y MMISSICJ NERS
Cin Carter, har
------------------
Danny e V* e r
07
Rob J ember
ATTEST:
Barbara J. squezC I., e,,,�,
Board Date
Approved as to form:
Barbara G. Duerbeck, WSBA #53946
Grant County Civil Deputy Prosecuting Attorney
Jerry T. Ginwich
From: Barbara G. Duerbeck
Sent-, Tuesday, February 13, 2024 8:33 AM
To: Jerry T. Gingrich
Subject: RE: LTAC 2024-17, Big Bass Tournament - June
This has my approval.
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
bgduerbe,e,-kO,Prrantcount3ag.gov
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From: Jerry T. Gingrich <jtgi ng rich @gra n tco u ntywa.gov>
Sent: Tuesday., February 13.,2024 6:29 AM
To: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: LTAC 2024-17, Big Bass Tournament - June
Please see the attached for your review and approval.
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. qrantcoyLtZWG.Qov
jtginqrich @qrantcountviA1a
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