HomeMy WebLinkAboutAgreements/Contracts - BOCC (008)GRANT COUNTY
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/TAC Agreement 2024-28 with the Ridge Riders Saddle Club for the Junior Rodeo
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DATE 0FACTION:
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/TAC Agreement 2024-28 with the Ridge Riders Saddle Club for the Junior Rodeo
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DATE 0FACTION:
DEFERRED ORCONTINUED TO:
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kxRANT COUNTY TOURISM PROMOTION AGREEMENT
LTAC GRANT #: 2024-28
EVENT:
Junior Rodeo
ORGANIZATION: Ridge Riders Saddle Club K24-03 6
AMOUNT: $ 5000
THIS AGREEMENT is made by and between the Grant Counta no County of the State
of Washington, hereinafter referred to as "County." y, and Ridge R
referred to as "The Entitiders Saddle Club hereinafter
y, it jointly referred to as "Parties."
DEFINITIONS
Tourism Promotione "Tourism promotion" means activities, operations, and expenditures
designed to increase, tourism, including •but not limited to advertising, publicizing, or otherwise
distributing information for the purpose of attracting and welcoming tourists; developing strategies
to expand tourism; operating tourism promotion agencies; and fundint
g
operation of special events and festihe marketing of or the
vals designed to attract tourists.
Fund(s). "Fund(s)" is defined as any amount Of compensation derived from the
of Grant County which is allocated ilodging tax monies
to the Entty for lodgtourismpromotion.
IN CONSIDERATION of the terms and conditions contained herein, the Parties covenant and
agree as follows:
LUWPOse Of Agreement. The purpose of thi's Agreement is for the County and the' Entity
to promote tourism in Grant County. The County agrees to make funds available to the Entity for
the purpose Of tourism promotion to attract visitors overnight
create business and revenue in
Grant County.
2. Administration. The Board of County Commissioners Officeshall administer and be the
Primary contact for The Entity regarding terms of this Agreement. For good cause as so
determined by the County, lely
said f2dnds for to the County may direct that the Entity is no longer entitled to the use of
urism PI-10motion and terinainate this Agreei-iLient.
3, ReDresentations. The Entity shall Use the funds received 0m the CO y for tourism
promotion and advertising solely for the Purposes and in accordance' the proposal submitted
by the Entity to the County. The Entity shall perform the services and work set forth in the proposal
and promptly cure any failure in performance. The County has relied upon the representations
made by the Entity in the Proposal. By execution of this Agree
funds will be used for tourisment, the Entity represents that the
m promotion as defined by this Agreement in accordance with all
current laws, rules and regulations. No substitutions Of Purpose or use o
without the written consent of the f the funds shall be made
County. The County shall makedeci
responsibilities in a timet decisions and carry out its other
y 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 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 County no later than
Friday, December 13, 2024, without exception.
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• Reportin . RCW 67.28.1816 as amended Includes reportin re uireme
and the County on the use of funds distributed g q nts for the Entity
nbuted pursuant to this Agreement � nt and the estimated and
actual number of increased visitors.
These reports are required to b er '
County and by the Count th p ovlded by the Entity to the
y to e Joint Legislative Audit and Review'
process requests Committee (JLARC). The
County will not
p q is for reimbursement without the a
and Th pproprlate reports. The following
provisions allow the Entity Y e County to meet their respective r
67.28.1816. p equlrements under RCW
a. Estimated Increase in Visitors: As
part of its LTAC application, the Entity
provide the County with an estimatevshall
of the number of visitors resulting g from the
use of funds under this Agreement. ent. The estimated number of visitors '
be consistent with the Entit T's 1 +�, provided shall
� proposal to ��le Co,�.nty for lodging tax fuads,
extent such estimates were provided g s, to she
. p therein.
b. Final Report on Increase in Vi '
sitors. Upon completion of the tourism'
specified with the application and promotion as
this Agreement, but no later t
afterward, the Entityshall than 60 -days
complete a report substantiall and r
a fiY p ovlde to the County
nal report of the nu
tuber of visitors resultin Bement a g from t he use of funds under this
Agreement and expenditures and uses of fund '
s under this Agreement. The number
of visitors shall be based on an actuals
count, or if it is not practical to
count, a good faith best -esti . , p mare an actual
mate of the number of visitors resulting g from the use of
funds under this Agreement. ment. 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 Reporting: The County shall provide the Entity's estimates and final report
to JLARC as part of its annual report.
d. All reimbursement requests must include copies of the invoice, receipt Ofpayment
and/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.
6. Modifications. The County may modify this Agreement and order chap ges in the work
whenever necessary or advisable. The Entity will accept modifications consistent with
local law when directed orallor in wrstate and
y iting by the County Commissioners or designee.
7. Term of Contract. This Agreement shall be in full force and effect upon full execution
and shall remain in effect until terminated either by The Entity expending the a
funds or comllocated County
pletion of the touris-m promotion activities. vities. Either Party may. terminate this
Agreement by 30 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 thepu
Agreement. In the event Of such termirpose as stated in this
nation, the County shall cease and desist from distributing
any further funds to The Entity for work performed or otherwise. The County shall make ay t
for all work satisfactorily performed up to the time of termination.
8.
Compensation. The County agrees to pay the Entity an amount not to exceedS."5'... 6-00., as
recommend by the LTAC and approved by the County Commissioners upon proper documentation
and reporting requirements being completed. The County shall pay the Entity upon presentation
of approved documentation to the County. The Entity shall be responsible for showing that the
County funds were used for tourism promotion. Theproof of expenses shall be forwarded for
reimbursement to the LTAC Clerk, as part of required reporting, at the below stated address no
later than -60-days from the com-nletion of our event but no later than the 15t" day of December in
the year that funds were awarded for year around promotion.
The County reserves the right to withhold payment of funds under this A ee icl-n w
determined in the reasonable judgment of the LTAC or designee to be noncom %./JLLJL which is
of work Pliant with the scope
, the County standards, and the County ordinances, or federal or state law.
90 Alivable Laws and Standards. Parties, in the performance of this Agreement,
agree to comply with all applicable federal, state, and local laws, ordinances, andregulations.
10. 'Relati2nship of the Parties. It is understood, agreed, and declared that the Entity, its
employees., agents and assigns shall -be an independent contractor and not the agent or employee
of the 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 in which the services are performed is solely
within the discretion of the Entity. All employees who provide services to the County under this
Agreement shall be deemed employees solely of the Entity. The Entity shall be solely responsible
for the conduct and actions of all employees of the Entity under this Agreement and any liability
that may attach thereto.
GRANT COUNTY TOURISM PROMOTION AGREEM i
EN_._
r
.11. Records, The County or State Auditor or an of their r •
to and the right to examine duringY representatives shall have full
normal business hours all 1 access
matters covered in this Agreement. the Entity's records with re
gr ement. Such representatives shall be respect to all
make excerpts or transcripts fro Permitted to audit, examine
p m such records and to make audits ne and
materials, payrolls and record of Bits of all contracts invoices,
matters covered by this Agreement � oices,
from the date final payment is for a period o f three
p Y made hereunder. ee years
12. Ind.emniiication and
Hold Harmless. The Entity
indemnify and hold harmless t shall, at its sole ex ense
he County and its officers p ,defend,
claims, actions, suits, liability,l agents, and employees, from an
loss, costs, attorney's fees and co • • y and all
and damages of any nature whats costs of litigation, expenses in'
never relating to or arisingout of the � Juries,
errors or omissions in the services e wrongful or negli ant ac
provided by the Entity, the En ' g acts,
subconsultants and employees to Y titY s agents, subcontractors,
the fullest extent permitted actors,
provided below. p bylaw, subject onlyto the '
limitations
The Entity's dutyto d
efend, indemnify and hold h
damages arising out armless the County shall not
g of such services caused b apply to liability for
or the County's agents y or resulting from the sole negligence
Y g is or employees pursuant to RC of the County
W 4.24.115.
The Entity's duty to defend indemnify
arising � mnify and hold harmless the Co . .
rising out of such services caused b County against liability for damages
y the concurrent negligence of g s
agents or employees, and(b)theEntity'sg (a) the County or the Cou ' Entity, the my s
employees, shall apply only t agents, subcontractors, subconsult
P Y y o the extent of the ne li en ants and
subcontractors, sub consultants g g Ce o f the Entity, the Entity's and employees. Y agents,
The Entity's duty to defend indemnify mnify and hold the Count ha
demands, losses and liabilityto Y harmless shall include, as to al '
which it applies, the County's 1 claims,
attorneys' fees, and the reasonablentY spersonnel-related costs
value of any services � reasonable
Prosecuting Attorne outside rendered by the office of the
Y, consultant costs, court costs County
related expenses. , fees for collection, and all other claim -
The Entity specificallyand
expressly waives any immunit
Washington S tate Industrial Ins y that may b e granted un
• Insurance Act, Title 51 RCW, der the
not be limited in an way These indemnification obligations
Y y by any limitation on thea gations shall
benefits payable to or for an t mount or type of damages, compensation
y third party under workers' p ation or
or other employee benefits acts. Pr compensation acts, disability benefit
Provided that the Entity's waive acts,
extends only to claims against t y r °f immunity under this Provision
g he Entity by the Coun p vision
claims by the Entity's em tY, and does not include or ext
Y ployees directly against the � end to, any
indemnification rovi ' g Entity. The Entity hereb certifies
p sion was mutually negotiated.
Y rtifies that this
g
13, Wa�iv_er, No officer em
— ployee, agent, or other individual.
has the power, right or autho acting on behalf of either
�-tY to waive an o f the conditions her P arty
A waiver in one instanceY or provisions of this
shall not be held to be a s Agreement.
nonperformance. All re waiver of any other subsequent
medias afforded in this Agreement q nt breach or
as cumulative, and in addition� ment or by law, shall be taken and c
to every other remedyprovided construed
p d herein or by law. Failure'
of either
Cl
kxRANT 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
of such provisions nor shall it affect the validity of this Agreement or any Part thereof. of
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 otherwiserovided '
p herein the E
subcontracts for any of the work ntity shall not enter into
contemplated under this
written approval of the County. Agreement without •obtaining prior
16. Con fidentis. li_q. The Entity may, from time to time, receive info-nnation 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 upon order of a Court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered intoCT
in
Disputes between the Count - t County, Washing
Washington in Grant Counton.
y and the Entity shall be resolved in the Superior Court of the State of
ty. Notwithstanding the foregoing, the Entity agrees that it may, at the
County's request, be joined as a party in any arbitration proceeding between the County and any
third party that includes a claim or claims that arise out of, or that are related to the Entity�s 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
jurisdiction thereof 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
(including expert witness fees). Of such litigation
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement
between the Parties and supersedes any prior oral or written agreements. This Agreement ay not
be changed, -modified, or altered except in wn*ting signed by the Parties hereto. O�
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 this
0
Agreement, or have solicited, accepted, or granted a present or future gift, •favor5 service, or other
thing of value from any person with an interest in this Agreement.
21. SeverabilitK. If an
lch_"
y section, sentence, clause, or phrase of this A- ee 1�6;111 should e held
to be invalid for any reason by a court Of competent jurisdiction, such invalidity shall not affect
the validity of any other section� sentence, clause, or phrase of this Agreement.
%-X
"RANT COUNTY TOURIsM PROMOTION AGREEMEN
ENTITY APPR VAL:
S1gn Here
P......
D,di6
COUNTY APPROVAL:
ORGANIZATION: Ridge Riders Saddle Club
EVENT: Junior Rodeo
AMOUNT: $ 5000
Signed this
day of 92024.
GRANT COUNTY
BO OF COU T
OMMISSIONERS
Cindy Carter, , hair
Rob Jo
nes, Member
ATTEST:
Barbara J. squez, rk 0 e Board
Approved as to form:
SU
Barbara G. Duerbeck, WSBA #53946
Grant County Civil Deputy Prosecuting Attorney
3b�
Date
Gingrich
y T.
From: Barbara G. Duerbeck
Sent: Monday, February 12, 2024 4:09 PM
To: Jerry T. Gingrich
Subject: Re: 2024-28 - RR Junior Rodeo
This has my approval.
- - --Vxxllej4I I y 1. %jitigrich <itgingrich@grantcountywa.gov>
Sent: Monday, February 12.,2024 3:29 PM
T®: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: 2024-28 - RR Junior Rodeo
Please seethe attached for Your review and approval
Jerry T. Gingrich
Deputy Clerk Of the Board 2
Grant County Board Of Commissioner
s
PO Box 37
Ephrata, WA 98823
509-754-2011 ext. 2931
Fax: 509-754-6098
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