HomeMy WebLinkAboutAgreements/Contracts - BOCC (007)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
.2/12/24
DATE.
REQUEST SUBMITTED BY: i GINGRICH PHONE:
2931 ---------------
CONTACT PERSON ATTENDING ROUNDTABLE.- J. GINGRICH
CONFIDENTIAL INFORMATION: DYES WNO
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DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
GRANT COUNTY TOURISM PROMOTION AGREEMENT
LTAC GRANT #: 2024-27 �4-035
EVENT: Colorama Pro Rodeo
ORGANIZATION: Ridge Riders Saddle Club
AMOUNT: $ 15000
THIS AGREEMENT is made by and between the Gra non -
charter County, a non charter County of the State
of Washington, hereinafter referred to as "County,"
fr �� jointly
y, and Ridge Riders Saddle Club hereinafter
referred to as The Entity, referred to as "Parties. 11rt1eS.
DEFINITIONS
Tourism Promotion. "Tourism promotion" mean ' '
s activities, operations, and expenditures
designed to increase tourism, includingbut limited not mated to advertising, publicizing, or otherwise
distributing information for the purpose s e o f attracting g and welcoming tourists; developing strategies
to expand tourism; operating tourism promotion p g g
p an agencies; and funding the marketing of or the
operation of special events and festivals designed to g
g attract tourists.
Fund(s). "Fund(s)" is defined as any amount of compensation derived from the lodging tax monies
of Grant County which is allocated to the Entity for tourism promotion.
IN CONSIDERATI®N of the terms and conditions
contained herein, the Parties covenant and
agree as follows:
1.
turpose of Agreement. The purpose of this '
p � Agreement is for the County and the Entity
to promote tourism in Grant County. The Count agrees to
t Y gr make funds available to the Entity for
he purpose of tourism promotion to attract visitor Y
s overnight to create business and revenue in
Grant County.
2. A.drniriistration. The Board of Count Commissioners County mmissianers Office shall administer ' and be the
primary contact for The Entity regardingterms of his Agreement. For good cause as solei
determined by the County, the Count may direct t Y
Y Y that the Entity is no longer entitled to the use
• of
Said ands for touiism. promotion and tehmninate this -�'
Agl GG.�lei�.t.
3° Representations, The Entityshall use the '
funds received from the Count for touris
promotion and advertising solei for the purposes y m
Y e p rp ses and in accordance with the proposal submitted
. The Entity shall p d
by the Entity to the County. y ll perform the services and work set forth in the e proposal
and promptly cure any failure in
performance. The County has relied upon the representations
made by the Entity in the proposal. B execution P ons
By on of this Agreement, the Entity represents that t
promotion p he
funds will be used for tourism
p on as defined by this Agreement in accordance w'
current laws, rules and regulations. with all
gu No substitutions of purpose or use of the funds
shall- be made
without the written consent
of the County. The County shall make decisions and carry out Its other
responsibilities in a timely manner.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
4. Requirements for Grant Use. Requirements for use of this'
tourism promotion grants
include but are not limited to the following:
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 o
p your event. Failure
to submit your reimbursement claim within 60 fy this days will nullify s 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 completion of event must st be filed an a Grant
County approved invoice that details the reimbursements requests.
e. Event reporting must be completed prior to an funds being reimbursed.
Y g rs ed.
f. Grant funds must be used to advertise, promote or otherwise att visitors p � _ Tact 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.
nts.
iii. Give away items.
5. Reporting. RCW 67.28.1816 as amended includes reporting p g re quirements for the Entity
and the County on the use of funds distributed pursuant to this Agreement and the esti
mated and
actual number of increased visitors. These reports are required to be provided by the Entity to the
County and by the County to the Joint Legislative Audit and Review Committee (JLARC). The
County will not process requests for reimbursement without the appropriate pp priate reports. The following
provisions allow the Entity and The County to meet their respective requirements quirements under RCW
67.28.1816.
a. Estimated Increase in Visitors: As part of its LTAC application,
the Entity shall
provide the County with an estimate of the number of visitors resulting from the
use of funds under this Agreement. The estimated number of visitors
provided shall
e consistent with._the Entit,T's proposal to the County for lodging tax fundue
, to the
extent such estimates were provided therein.
b. Final Re -port on Increase in Visitors: Upon completion of thetourism promotion as
specified with the application and this Agreement, but no late
�' � r than 60 -days
afterward, the Entity shall complete a report substantial) and
y provide vide to the County
a final report of the number of visitors resultingfrom the use of
funds under this
Agreement and expenditures and uses of funds under this Agreement. gr nt. The numbers
of visitors shall be based on an actual count, or if it is notractica
p 1 to make an actual
.count, a good faith best -estimate of the number of visitors resultingfrom m the use of
funds under this Agreement. The final report shall describe
p 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 ReportinQ: The County shall provide the Entity's s esti
mates and final report
to JLARC as part of its annual report.
d. All reimbursement requests must include copies of the invoice, receipt of pa ment
and/or tear sheet to provide roof of re Y
p quest, payment, and use. All reimbursement
requests must be submitted on an itemized cover invoicero '
p vided by the County.
6. Modifications. The County May modify t .
Y fy his Agreement and order changes In the
whenever necessary or advisable. The Entityg work
will accept modifications consistent with state
local law when directed orallyor in writing b and
g y the County Commissioners or designee.
7. Term of Contract. This Agreement gr t shall be in full force and effect upon full ex
and shall remain in effect until terminatedp execution
either by The Entity expendingthe allocated
funds or completion of the ted County
p tourism promotion activities. Either Part s written Y may terminate this
Agreement by 30 da notice Y tice to the other Party or with no notice determination a upon dete '
the County that the funds will not p on by
be or have not been used for theu ose
p � as stated In this
Agreement. In the event of such termination, the County shall cease and des'
an further funds to .1st from distributing
Y The Entity for work performed or otherwise. The
County shall make payment
for all work satisfactorily performed u to the time '
p of termination.
8• C®m.pensation. The County agrees to a th
g pay e Entity an amount not to exceed $15.000 as
recommend by the LTAC and approved by the Count
. y Commissioners upon proper documenta '
and reporting requirements bein com leted tion
g p .The County shall pay the Entit u on presentation
of approved documentation to the Co Y p p tation
County. The Entity shall be responsible for showing that the
County funds were used for tourism promotion. The proof of expenses shall be forwarded
reimbursement to the ,LTAC Clerk a for
s part of required reporting, at the below stated ad
later than 60 -da s from the dress no
completion of your event but no later than the 15th
year that fu day of December In
the
y funds were awarded for year aroundp romotion.
The County reserves the right to withhold payment
. p y ent of funds under this Agreement which is
determined in the reasonable judgment of the LTA '
C or designee to be noncompliant with the sco
of work, the County standards, and the Count ordinances, pe
County lnances, or federal or state law.
9. Applicable Laves and Standards. The Parties, '
, In the performance of this A eement
agree to comply with all applicable federal state an � '
d local laws, ordinances, and regulations.
10. Relationshi
..I of the Parties. It is understood, agreed, and declared that the Entity, it
end s
employees, agents and assigns shall be an Inde
of the independent contractor and not the agent or employee
e County, that the County is interested in only
the results to be achieved, and. that the right to
control the particular manner, method, and means i g
n which the services are performed is solei
within the discretion of the Entity. All employeesY
who provide services to the Count under this
Agreement shall be deemed employees s y his
solely of the Entity. The Entity shall be solei '
for the conduct and actions of all e Y y responsible
employees of the Entity under this Agreement and •
that may attach thereto.' any liability
GRANT COUNTY TOURISM PROMOTION AGREEMENT
11. records. The County or State Auditor or an of '
y hely representatives shall have full access
to and the right to examine during normal business hours all the Entity's records with respect to all
representatives matters covered in this Agreement. Such re p
p tives shall be permitted to audit, examine and
make excerpts or transcripts from such records and t '
o make audits of all contracts, invoices
materials, payrolls and record of matters covered b this A '
from theY greement for a period of three years
date final payment is made hereunder.
12. Indemnification 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 litigation, y es and costs of litigation, expenses, in cartes
and damages of any nature whatsoever relatingto arising � '
or sing out of the wrongful or negligentacts
errors or omissions in the services provided b the Entity, the '
subconsultantsY Y� Entity's agents, subcontractors,
and employees to the fullest extentermitted
p bylaw, subject only to the limitations
provided below.
The Entity's duty to defend, indemnify and hold harmless the County shall not apply t
damages arising out of such pp y o liability for
g g services caused by or resulting from the sole negligence
's a agents ore of the County
or the County's g employees pursuant to RCW 4.24.115.
The Entity's duty to defend, indemnify and hold harmless the County against liability
arisingout of such services g y for damages
caused by the concurrent negligence of(a) the Count
agents ( y or the County's
a
g s or employees, and (b) the Entity, the Entity's agents, subcontractors, Y g subconsultants and
employees, shall apply only to the extent of the negligence g Bence of the Entity, the Entity's agents
subcontractors, subconsultants and employees.
The Entity's duty to defend, indemnify and hold the County harmless shall Include as '
demands, losses and liabilit to to all claims,
y which it applies, the County's personnel -related c
attorneys' fees and the p osts, reasonable
Y e reasonable value of any services rendered b the offs
ProsecutingAttorney, o Y office of the County
y, utside consultant costs, court costs, fees for collection
related ex enses. ,and all other clalm-
p
The Entity specifically and expressly waives an immunity
• y nr�muntty that may be granted under the
Washington State Industrial Insurance Act Title 51 RC
W. � W. These indemnification obligations shall
not be limited to any way by .any limitation on the 'amount or type of damages, compensation or
benefits payable to or for any third part under er worke rs compensation acts, disability benefit s waiver of immunity unacts
or other employee benefits acts. Provided that the Entit ' � '
Entity's der this provision
extends only to claims against the Entityb the Count '
Y y, and does not include, or extend to an
claims by the Entity's employees directlyagainst the Y
g Entity. The Entity hereby'certifies certifies that this
indemnification provision was mutually negotiated. g
13. Waiver. No officer, employee, agent, or other
g � individual acting on behalf of either Part
has the power, right or authority to waive an of the conditions Y
. y conditions or provisions of this Agreement.
A waiver to one instance shall not be held to�
b e a waiver o f any other subsequent breach
nonperformance. All remedies afforded in °r
this 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 o f either
GRANT COUNTY TOURISM PROMOTION AGREEMEN71
Party to enforce at any time an of the provisions Y provisions of this Agreement or to require
performance by the other Part of anprovisionat any time
Y y hereof shall in no waye construe
of such provisions nor shall it affect the validity of this Abd to be a waiver
Agreement or an art t
y p hereof.
14. Assignment and Fele ation. Neither Party shall assign, transfer or del
responsibilities of this Agreement or the agate any or all the
benefits received hereunder without'
written consent of the other Party.
first obtaining the
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. Confidentialit,V,.-. The Entity may, y,, from time to time, receive information
by the County to be confidential. The n which is deemed
Entity shall not disclose such information
express written consent of the Count or ion without the prior
Y upon order of a Court of competent'ur
� ti
isdic '
on.
17. Jurisdiction and venue. This
Agreement is entered into in Grant C
Disputes between the County and the Ent' ounty, Washington.ity shall be resolved in the Superior
Notwithstanding p Court oftheState of
Washington in Grant County. standing the foregoing, the Entityagrees
County's request, be joined as a g that it may, at the
party in any arbitration proceedingbetween een the County and any
third party that includes a claim
or claims that arise out of, or that are relatedAgreement. to the Entity's services
under this A
' e Entity further agrees that the Arbitrator(s)'
final and bindingon t decision therein shall be
he Entity and that judgment ma bJurisdiction t y e entered upon it in any court having
ing
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 Aueenlent. This written
Agreement constitutes the entire and completesupersedes agreement
between the Parties and su
p y prior oral or written agreements. This
be changed., modified, or altered exce • = Agreement may not
pt in writing signed by the Panties 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 acquire
Agreement, or have solicited, accepted, o q e any interest in this
thing p r granted a present or future gift favor, se
ing of value from any person with an interestservice, or other
in this Agreement.
21. Severabi1iLK. If any section sentence, clause, or phrase of this Agreement
invalid for any reason by a court of �' should be held
competent jurisdiction, such invalidit shall n
senten Y of affect
the validity of any other section
ce, clause, or phrase of this Agreement.
gi' .
GRANT COUNTY TOURISM PROMOTION AGREEM
N.
ENTITY APPROVAL:
-,r -J
Sign Her*e
2Date-
COUNTY APPROVAL:
ORGANIZATION: RidRiders Saddle Club
EVENT: Colorama Pro Rodeo
AMOUNT: $ 15000
Signed this
dav of
-92024.
ATTEST:
Barbara J. squez, erk . 0 the Board
Approved as to form:
GRANT COUNTY
MMISSIONERS
Cindy Carter,
Rob Jones, Member
Barbara G. Duerbeck, WSBA #53946
Grant County Civil Deputy Prosecuting Attorney
Date
Jerry T. Gingrich
From: Barbara G. Du
Serbeck
Sent:
Monday, February 12, 2024 4:08 PM
To: Jerry TGingrich
Subject: . 9 ch
Re. 2024-27 - RR Colorama Rodeo
This has my approval.
From: Jerry T. Gingrich <jtgingrich@ rantc
g ountywa.gov>
Sent: Monday, February 12, 2024 3:29 PM
To: Barbara G. Duerbeck <bgduerbeck@ rantcou
g ntywa.gov>
Subject: 2024-27 - RR Colorama Rodeo
Please see the attached for your review and approval
Jerry T. Ging9
rich
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
W ww. arantcountwa.gov
�tgin�rich �rantcountZWa. aov
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