HomeMy WebLinkAboutAgreements/Contracts - BOCC (005)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
. BICC / LTACREQUESTING DEPARTMENT..2/12/24
DATE.
REQUEST SUBMITTED BY: J• GINGRICH PHONE:
2931
CONTACT PERSON ATTENDING ROUNDTABLE: J• GINGRICH
CONFIDENTIAL INFORMATION: EIYES ii N 0
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EIWSLCB
02M
LTAC Agreement 2024-15 with the Grant County Fairgrounds for the 2024 Mora Vida Festival
in the amount of $25,000.00.
DATE OF ACTION: xv4
APPROVE: DENIED ABSTAIN
Dl:
D2:
D3:
DEFERRED OR CONTINUED TO:
GRANT COUNTY TOUR -ISM PROMOTIO
N AGREEMENT
LTAC GRANT #: 202
4-15
EVENT: Mora Vida Festival K24..033
ORGANIZATION: Grant County Fairgrounds
AMOUNT: $ 25000
THIS AGREEMENT is made by and between the Grant County, a non
of Washington5 hereinafter referred to as -charter County of the State
referred to as 11COuntY5tl and Grant County Fairgrounds hereinafter
"The Entity, it jointly referred to as "Parties.
DEFINITIONS
Tourism Promotion* "Tourism promotion"
signed to increase tourisnl� including but n means activities, o• perations, and expenditures
distributing information for the Purpose of attraot limited to advertising., . publicizing, or otherwise
to expand tourism; Operating tourism cting and welcoming tourists; develo.
operation Of special events and fe promotion agencies; and funding the n-1 ping strategies
stivals designed to attract tourists. arketing of or the
Fund(s). "Fund(s)" is defined as any amount Of compensation derived from the lodging tax
0
of Grant County which is allocated to the Entity for tourism promotion. monies
0
IN CONSIDERATION of the terms and condi
agree as follows. tions contained heren, the i
Parties covenant and
1.
-P )se Of .1reeMent. The Purpose of this Agreement is for t County and the Entity
to promote tourism in Grant County, The Count agrees to make funds available tothe Entity for
'• y
pose Of tourism promotion to attract vsitors oven -light to cr
the Pur y
Grant County.
eate siness and revenue in
2. Admha'stra
�tiO�n- The Board
of County Commissioners office Itice s rl
Primary contact for The Entity regarding terms of t - administer and be the
is Agreement. For good cause, as solely
determined by the County5 the County may direct that the Entity is no longer entitled to the use of
said funds for tourism promotion and terminate this Agreement.
3. Re
...R—resentations. The Entity shall use the fund receive from the County for tourisnl
promotion and advertising solely for the Purposes and in accordance with the proposal submitted
by the Entity to the County. The Entity shall perform the
and promptly services and work
set forth in the proposal
cure any failure in Performance. The County has relied upo . n the representations
made by the Entity in the proposal. By execution Of this Agreement
funds will be used for . the Entity represents that the
current laws tourism Promotion as defined by this Agreement in accordance with all
� rules and regulations. No substitut*
without the written consent of the County* The 'Ons Of Purpose or use of the funds shall be made
responsibilities in a timely manner. County shall make decisions and carry out its other
GRANT COUNTY TOURISM PROMOTION AGREEMENT
4• Requirements for Grant Use Requirements for use of this tourism promotion
include but are not limited to the following: grants
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,
submitted to Grant County this agreement will become null and void.
b. All requests for reimbursements for your event or promotion are required to be
within 60 days of the completion of your event. Failure
to submit your reimbursement claim within 60 days will nullify this agreement.
c. All requests for reimbursements must be filed with Grant
Friday, December 13, 2024, without exception. County no later than
d. All requests for reimbursements, upon completion of event, must be filed on a Grant
County approved invoice that details the reimbursements requests.
e. Event reporting must be completed prior to any funds being reimbursed.
f Grant funds must be used to advertise,promote, or otherwise attract visitors to your
event/venue from more than 50 miles away (local events should be funded through
local LTAC grants).
g. Grant funds may not be used for the following:
i. Capital Improvements
ii. Advertising locally — to draw from local crowds for local events.
iii. Give away items.
5. Re® RCW 67.25.1
816 as amended includes reporting requirements for the Entity
s distributed pursuant to this A
and the County on the use of fund p IAgreement and the estimated and
actual number of increased visitors.
These reports are required to be '
County and by the Count to q provided by the Entity to the
County the Joint Legislative Audit and Y
County will not process review Committee(JLARC).p requests for reimburs The
reimbursement without the appropriate reports
Provisions allow the Entityand Th p The following
e County to meet their respective g
67.28.1816. p requirements under R.CW
a. Estimated Increase in Visitors As part of its LTAC application,
provide the Count with an pp n, the Entity shall
Y estimate of the number of visitors rs resulting from. the
use of funds under this Agreement. ment. The estimated number of visitors
be consistent with the Entity's provided shall
b
proposal to the County for lodging
extent such estimates were provided g g tax funds, to the
p ided therein.
b. Final Re ort on Increase i ' '
n Visitors • Upon completion of t
specified with the p he tourism promotion as
application and this Agreement,
afterward the E � t, but no later than 60 -days
Entity shall complete a report substa Y
a final report p ntially and provide to the Count
p of the number of visitors resulting Y
ting from the use of funds under '
Agreement and expenditures and this
uses of funds under this Agreement.
of visitors shall be based on an a The numbers
actual count, or if it is notractical
p to make an actual
count, a good faith best -estimate of the number of visitors resulting ting from the use of
funds under this Agreement. t• The final report shall describe
the methods used to
determine the actual
number of visitors, or in the event such numbers were
determined from an estimate, the methods used to determine such estimates.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
c. County RoprtinThe Count. hall provide Y sp de the Entity's estimates and final
. All reimbursement
JLARC as part of its annual report.
report
d p
ent requests must include
copses of the invoice, receipt ofa ment
roof of request, p y
and/or tear sheet to provide re
p q st, payment, and use. All reimbursement
requests must be submitted on an itemize
d cover invoice provided by the County.
6. Modifications. The Count m '
Y may modify this Agreement and order chap e
whenever necessary or advisable. The Entityg s in the work
will accept modifications consistent with
local law when directed orals in writing h state and
Y or ng by the County Commissioners or designee.
7° Term of Contract. This Agreement '
gr shall be in full force and effect upon
and shall remain in effect until to p full execution
terminated either by The Entity expending the
completion of the t ex p g allocated County
funds or com
p tourism promotion activities. Either
30 da Pavy may terminate this
Agreement by days written notice 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 theu
p rpose as stated in this
Agreement. In the event of such termination, the County shall cease and desist from
any further funds to The Entityfor w m distributing
work performed or otherwise. The County y shall make payment
for all work satisfactorily performed up to the time of termination.
8. Compensation. The County a :.
grees to pay the Entity an amount not to exceed' --
by LTAC and approved $:2500.0, as
pp ved by the County Commissioners upon
and reporting requirements bein proper documentation
g completed. The County shalla the Entity p yhY upon presentation
of approved documentation to
the County. The Entity shall be responsible
Count funds were used ponsible for showing that the
Y ed for tourism promotion. Theroof
reimburse p of expenses shall be forwarded for
reimbursement to the LTAC Clerk, as part of required reporting,
later than 60- q porting, at the .below stated. address no
da s from the co letion of our event b th
but no later than the 15 day of December i
the year that funds were awarded for year n
y around promotion.
The County reserves the right to withhold d payment of funds under this Ae
determined in the reasonable 'ud ent of th g� ement which is
J gm e LTAC or designee to be noncomliant
of work, the County standards p with the scope
and the C
ounty ordinances, or federal or state law.
9• Aulicable Laws and Standards.
The ]Parties, in the performance of this Agreement
agree to comply with all applicable , state, and local laws, ordinances and regulations.
egulations.
10. Relationship of the Parties. It is
understood, agreed, and declared that t ns shall -be he Entity, its
employees, agents and assi
g an independent contractor and not the a
of the County, that the Count is interested ' gent or employee
Y in only the results to be achieved and that '
control the particular manner, � at the right to
method, and means in which the services areer
within the discretion of the Entit p formed is solely
Entity. All employees who provide services to the County under this
Agreement shall be deemed employees solely of the Entity. The Entity ty shall be solely responsible
for the conduct and actions of all employees of the Entity under this s Agreement and any liability may attach thereto.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
11 • Records. The County or State Auditor or an o •
y f their representatives shall have full access
to and the right to examine during normal business hours all the Entity's records with respect to all
matters covered in this Agreement. Such representatives p
p Ives shall b e permitted to audit, examine and
make excerpts or transcripts from such records and'
to make audits of all contracts, invoices
materials, payrolls and record of matters covered b this '
y s Agreement for a period of threeears
from the date final payment is made hereunder. Y
12. Indemnification and Hold Harmless. The
Entity shall, at its sole expense, defend
indemnify and hold harmless the Count and its officers '
Y ars, agents, and employees, from an and all
claims, actions, suits, liability, loss,' costs attorney's • • Y
y fees and costs of litigation, expenses, injuries,
and damages of any nature whatsoever relatingarising p � s'
to or arising out of the wrongful or negligent acts
errors or omissions in the services provided b � '
p y the Entity, the Entity's agents, sub contracto
subconsultants and employees to the fullest extent e rs,
permitted by law, subject only to the limitations
provided. below.
The Entity's duty to defend, indemnifyand hold harmless less the Count shall not apply
damages arisingout of such se Y pp y to liability for
services caused by or resulting from the sole negligence
's a ants or em of the County
or the County's g employees pursuant to RCW 4.24.115.
The Entity's duty to defend, indemnifyand hold ha •
harmless the Count against liability
arising out of such services ca Y g ty for damages
used by the concurrent negligence of(a)the Counta encs or y or the County's
g employees, and (b) the Entity, the Entity's a ents
Y g ,subcontractors, subconsultants and
employees, shall apply only to the extent of the negligence gligence of the Entity, the Entit 's agents
subcontractors, subconsultants and employees. Y g '
The Entity's duty to defend, indemnify and hold the County harmless shall include
demands, losses and liabilit to , as to all claims,
y which it applies, the County sersonnel-related
s' fees and the re p costs, reasonable
attorneys' reasonable value of any services rendered b the of
ProsecutingAttorney, Y face of the County
y, outside consultant costs, court costs, fees for collection, and all other claim -
related expenses.
The Entity specifically and expressly waives any immunity that may be granted under the
Washington State Industrial Insurance Act Title 51 R •
. � CW. These indemnification obligations shall
not be limited in any way by an limitation on g
Y the amount or type of damages, compensation
benefits payable to or for any third a under or
party workers' compensation acts, disability benefit
or other employee benefits acts. Provided t Y t acts,
that the Entity's Waiver of immuni under this provision
extends onlyto claims against tY provision
g inst the Entity by the County, and does not include, or extend to, any
claims by the Entity's p y s directly against the Entity. The Entity hereby certifies that thisindemnifcation provision was mutually negotiated.
13. Waiver. No officer, employee, agent
orother '
g ther individual acting on behalf of either Part
has the power, right or authority to waive an of conditions • Y
• y the conditions or provisions of this Agreement.
A waiver in one instance shall not be held t � t'
o b e a waiver o f any other sub s e uent breach
nonperformance. All remedies afforded int � °r
his Agreement or by law, shall be taken and co
as cumulative, and in addition to eve construed
every other remedy provided herein orb law. Failure '
Y of either
GRANT COUNTY TOURISM PROMOTION AGREEMEN
I,
Party to enforce at any time any of the provisions of this Agreement or to require at any time
performance by the other Party of any provision hereof shall in no way be construed to be a waiver
of such provisions nor shall it affect the validity of this Agreement or any part thereof.
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. subcontracts. Except as otherwise `
p rwise provided herein, the Entit shall
subcontracts for any of the work contemplated under this Y not enter Into
Agreement without
written approval of the County. obtaining prior
16. ConfidcntialLq. The Entity may, from time to time, receive information'
by the County to be confidential. The which is deemed
Entity shall not disclose such 'information'
express written consent of the Count or without the prior
County upon order of a Court of competent'urisdic '
� tion.
17. Jurisdiction and veno '
Venue. This Agreement is entered into in Grant ant County, Washington.
Disputes between the County and the Entity shall be resolved in the
Washington in Grant C Superior Court of the State of
County. Notwithstanding the
C g foregoing, the Entity agrees that it
County's request, be joined as a party in an arbitration may, at the
third art Y ration proceeding between the Count and
party that includes a claim or claims that ariseY any
out of, or that are related to the Entit 's s
under this Agreement. The Entityfurther Y ervices
r agrees that the Arbitrator(s) decision they '
final and binding on the Entit and that shall be
Y ajudgmentcit may b e entered it on u in a
jurisdiction thereof. p any court having
18. Cost and Attorney's 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 of such litigation
(including expert witness fees).
19. Entire Agreern.cnt. This written
Agreement constitutes the entire and complete agreement
between the Parties and supersedes any prior oral or written agreements. This Agreement
e changed, modified, or altered exceptwriting� went may not
b
p signed by the Parties hereto.
20. Anti -kickback. No officer or employee of the County, havin the
perform an official act or action related to g power or duty to
this Agreement shall have or ac uire
Agreement, or have solicited, accepted, o q any interest in this
t p r granted a present or future gift, favor sere'
ping of value from any person with ani � ice, or other
interest in this Agreement.
21. Severabinty, If any section sentence, clause
to b , or phrase of this Agreement s
e invalid for any reason b a �' hould be held
Y court of competent jurisdiction, such invalidity
the validity of any other section sen idity shall not affect
sentence, clause, or phrase of this Agreement.
gr' t.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
APPROVAL:
COUNTY APPROVAL:
ORGANIZATION: Grant County Fairgrounds
EVENT: Mora Vida Festival
AMOUNT: $ 25000
Signed this day of
20246
GRANT COUNTY
-,"-BOXR
D OF COUN COMMISSIONERS
I
IB OF C07,.
Cart
,Chair
0
C
Cindy Cart
rwD Jones, Member
ATTEST:
L
Barbara J. asquez, C erk o, the Board
Approved as to form:
L
Barbara G. Dluerbiec:k, SBA
53946
Grant County Civil Deputy Prosecuting Attorney
ate
Jerry T. Gingrich
From: Barbara G. Du
erbeck
Sent: Monday, February 12, 2024 4:06 PM
To: Jerry T. Gingrich
Subject: Re: 2024-15 - GCFG Mora Vida
This has my approvat.
From: Jerry T. Gingrich <jtgingrich@grantcountywa.gov>
Sent: Monday., February 12, 2024 3:27 PM
TO: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: 2024-15 - GCFG Mora Vida
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-cgrontmint wa. ov
itginarich(@nrclntcountVwa.gov
I