HomeMy WebLinkAboutAgreements/Contracts - BOCC (010)GRANT COUNTY
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REQUEST SUBMITTED JGINGRICH D/�lE�C\�1
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DATE OFACTION:
,2wn�
APPROVE: PENIED ABSTAIN
D1:
DEFERRED ORCONTINUE OTO'
GRANT COUNTY TOUR -ISM PROMOTION AGREE
LTAC GRANT #: 2024-3
EVENT: . Year Round
ORGANIZATION: Grant County ion &z4-03 8
Tourism
AMOUNT: $ 450000
THIS AGREEMENT is made by and between the Grant County, anon -charter County 0 t State
of Washington, hereinafter referred to as "County, " and Grant County Tourism hereinafter referred
to as "The Entity,,, jointly referred to as "Parties."
DEFINITIONS
Tourism Promotion.
"Tourism promotion" means activities, operations
designed to increase tourism and expenditures
including but not limited to advertisin& publicizing, or otherwise
distributing information fart Purpose of attracting and welcoming 'tourists; developing strategies
to expand tourism; operating tourism promotion agencies; and funding the Marketing of or the
Operation of special events and festivals designed to 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 CONSIDERATION of the terms and conditions contained herein, the Parties cov
agree as follows:enant and
1•
h4rillosk of Agreement. The Purpose of this Agreement is for the Countand t
to promote tourism in Grant County. The County agrees to make funds available y to th
he Entity
the purpose Of tourism promotion to attract visitors overnight to create business and e Entity for
revenue in
Grant County,
2. Adm!R�Istraflon,, The Board
or The Entity regarding terms of this AgreementFor . administer and b e the
primary contact f of County Commissioners Office shall
P
good allSe, as solely
determined by the County, the County may direct that the Entity is no longer enti c
said funds for tourism promotion and terminate this Agreement. tled to the use of
39 -F% 0
,
EfDresentations
-------- The Entity shall use the funds received from the County for tourism
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 services and work set forth in the proposal
and promptly cure any failure in performance. The County has relied upon the representations
made bythe Entity in the Proposal. By execution Of this Agreement, the Entity represents that the
funds will be used for tourism promotion as defined by this Agreement in accordance with all
current laws, rules and regulations. 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 AGREE
MN
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
issuance. If this agreement is not signed by the entity County within 60 days of
within 60 days for full execution, this agreement y and returned to Grant County
b.. All requests for reimburs ent will become null and void.
submitted to ements for your event or promotion are required to be
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, 20241 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).
9. Grant funds may not be used for the following:
i. Capital Improvements
Advertising locally — to draw from local crowds for local events.
Give away items.
5. Re
_portina- RCW 67.28.1816 as amended includes reporting requirements for the ity
and the County on the use of funds distributed pursuant to this Agreement and estimated 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 reports
provisions allow the Entity and The County t • The following
67-28.1816. 0 meet their respective requirements under RCW
a. Estimated Increase in Visitors: As part of its LTAC ap. licatio t
provide the County with an estimate of the number of� Entityhe shall
use of funds under this Agreement. The estimated numb visitors resulting from the
be consistent with the Entity's proposal to the Count number Of visitors provided shall
extent such estimates were provided therein. y for lodging tax funds, to the
si
vi�
b. Final Re ort on Increase in Visitoroz. Upon
�_� �t�in �e Completion of the tourism promotion as
specified with thea and this Agreement, but no later than 60 -days
afterward, the Entity shall complete a report substantially and provide to the County
a final report of the number of visitors resulting from the use of funds under this
Agreement and expenditures and uses of funds under this Apr
of visitors shall be based on an actual count or i * * 'o- t. The numbers
f it is not practical to make an actual
count, a good faith best -estimate of the number of visitors resulti
funds under this Ang from the use of
greement, 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. Count R0-9�rtin 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 of payment
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 changes in the work
whenever necessary or advisable. The Entity will accept modifications consistent with state and
local law when directed orally or in writing by the County Commissioners or designee.
7• Term of Contract. This Agreement shall be in full force and effecthe allocated Count
t upon full execution
and shall remain in effect until terminated either by The Entity expending
funds or completion of the tourism promotion activities. Either P
a y
nate th
Agreement by 30 days written notice to the other Party or with no notice upon determination bis
the County that the funds will not be or have not been used for the purpose as stated in this
Agreement. In the event of such termination, the County shall cease and desist from distributin
any further funds y to The Entity for work performed or otherwise. The Count shall make a g
for all work satisfactorily performed up to the time of termination. P Yment
g• Compensation. The County agrees to pay the Entity an amount not to exceed $4
as recommend by the LTAC and approved by the County Commissioners
documentation and reporting requirements being completed. The County shall pupon proper un
o
presentation of approved documentation to the County. The Entiay the Entity
shall be responsible for
showing that the County funds were used for tourism promotion. The proof 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 letion of our event but no later than the 15th 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 Agreement which is
determined in the reasonable judgment of the LTAC or designee to be noncompliant with the sco e
of work, the County standards, and the County ordinances, or federal or state law. p
9• Apulicable Laws and c+a,,,a a The Parties, in the performance of this Agreement
aauai UJ.
agree to comply with all applicable federal, state, and local laws, ordinances, and regulations.
10. Relationship 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 anyliab lite
that may attach thereto. y
i.-YRANT COUNTY TOURISM PROMOTION AGREEMEN.,:-
11. Records. The County or State Auditor or an of their r
to and the right to examine duringY epresentatives shall have full a
usiness hours all the Entit ' access
normal b
matters covered in this Agreement. Such y s records with respect to all
ch representatives shall be
make excerpts or transcripts from permitted to audit, examine
p m such records and to make and
materials, payrolls and record of audits of all contracts, invoices.,
such
covered by this Agreement ces,
from the date final payment is for a period of t1iree
Y made hereunder. years
12. Indemnification and Hold narrnles s. The Entit
indemnify and hold harmless t Y shall, at its sole ex ense
he County and its officers p � defend,
claims, actions, suits, liability,to ) agents, and employees, from an a
ss, costs, attorney's fees and • • Y and all
and damages of any nature whats costs of litigation, expenses injuries,
never relating to or arising out of the � J ries,
errors or omissions in the services g e wrongful or negligent acts
provided by the Entity, the Entity's '
sub consultants and em Io ees to Y s agents, subcontractors
p Y he fullest extent permitted b tors,
Provided below• y law, subject only to the limitations
The Entity'sduty to defend, indemnify and hold h
damages arising o armless the County shall nota
g ut of such services caused b apply to liability for
or the County? Y or resulting from the sole negligence
Y g nts or employees pursuant to RC of the County
w 4.24.115.
The Entity's duty to defend indemnify • � mnify and hold harmless the Co
arising out of such services caused b t unty against liability for damages
y he concurrent negligence o g
agents or employees, and(b)thEntity's
f (a)the County or the Cou ' e Entity, the Entit 's my s
employees, shall apply only t Y agents, subcontractors, subconsulta
pp Y y o the extent of the ne lie nts and
subcontractors, subconsultants a g g nce of the Entity, the Entity's and employees.gents,
The Entity's duty to defend indemnify mnify and hold the Count ha
demands, losses and liabilityto Y harmless shall include, as to all claims,
which it applies, the County's aims,
attorneys' fees, and the reasonable Y spersonnel-related costs, reasonable
value of any services render e
Prosecuting Attorney, outside con ed by the office of the County
consultant costs, court costs fee my
related expenses. s for collection, and all other c '
laim-
The Entity specifically and expressly waives any immunity y that may be granted under
Washington State Industrial Insurance Act, Title 51 RCW. T the
not be limited in an way hese indemnification obli at'
Y y by any limitation on thea g ions shall
benefits payable to or for an third mount or type of damages, com ensati
y ird party under workers' co compensation
or
or other employee benefits acts. Provided compensation acts, disability benefit
ovided that the Entity's waiver acts
extends only to claims against the Y er of immunity under this provision
g e Entity by the Count and p ion
claims by the Entity's employees Y� does not include, or extend t
Y p yees directly against the Entit a, any
indemnification provision was y. The Entity hereby certifies that '
mutually negotiated, at this
13. Waiver, No officer, employee,
has the p oyee, agent, or other individual acting
power, right or authority to waive ng on behalf of either Part
any of the conditions or provisions Y
A waiver in one instance shall p .ons of this Agreement.
not be held to be a waiverb nt`
nonperformance. All remedies of any other subsequent. Brea
afforded in this Agreement ch °r
as cumulative, and in odditis � or by law, shall be taken and co
n to every other remedy provided construed
p d herein or by law. Failure of either '
ther
GRANT C TOURIS_14 PROMOTION AGREEME
N.
Party to enforce at an time
Y any of the provisions of this
performance by the other Part Agreement or to require at '
Party of any provision hereof steal q any time
of such provisions nor shall ' 1 in no way be construed to
it affect the validity of this be a waiver
Y s Agreement or any pad there
of.
14. Assi nrnent and bele a '
tion. Neither Party shall assign.,
responsibilities of this Agreement transfer or delegate an or all or the benefits received her Y the
written consent of the other Part sunder without first obtain'
g the
15. Subcontracts, Except
subcontracts P as otherwise provided herein •
ontracts far any of the work ,the Entity shall not erste '
contemplated under this Agreement r Into
written approval of the County. nt without obtainin
Y g prior
16.Confidentia1i
to . The Entity may, from timet i
by the County to be confide me, receive information which
ntial. The Entity shall not dis s deemed
express written consent of close such information with
the County or f a Court of
upon order o out the prior
competent'uris '
dicti
� on.
17. Jurisdiction and venue '
. This Agreement is entered ' '
Disputes between the Count a into in Grant County, Washington.
County and the Entity shall be resole tat on.
Washington in Grant Cou ed in the Superior Court of t
County. Notwithstanding the he State of
County's request,joinedg foregoing, the Entity agrees '
Y q , be as a part in an Y �' that it may,. at the
third art t Y y arbitration proceeding between
party that includes a claim or claim g n the County and an
s that arise out of, or that are r Y
under this Agreement. The Entityelated to the Entit 's services
further agrees that the Arbitrator(s) Y ices
final and binding on the Entityitrator(s} decision therein s
and that judgment may hall be
Jurisdiction thereof. y be entered upon it in an
y court having
18. Cost and Attorney's
Fees. The prevailin art
of this Agreement shall be en ' g p Yin any litigation or arbitration a ' '
titled to its reasonable atto rising out
(including expert witness fees). fees and costs of such litigation
tlgation
19. Entire A reemente This written Agreement constitutes the
between the Parties and supersedes entire and complete a
p edes any prior oral or writtenP agreement
be changed, modified or alters agreements. This Agreement
d except in writing signed may not
g ,gn d by the Parties hereto.
20. Anti -kickback.
No officer or employee o
perform an official a f the County, havingthe
act or action related to this Agreement power or duty to
Agreement, or have solicits �' ement shall have or acquire an
d, accepted, or granted a Y interest in this
thing of value from an erson present or future gift, favor, service
Y p with an interest in this A , or other
Agreement.
21. S everabili If any section, tion, sentence, clause or hr
to be invalid for any reason b a p ase of this Agreement should
y court of competent jurisdiction,beheld
the validity of any other secti such invalidity steal
on, sentence, clause or Y 1 not affect
phrase o f this Agreement.
GRANT COUNTY TOURISM PROMOTION AGREEMENT
ENTITY APPR VAL:
SlgnOre
-Osi 1011
date
COUNTY APPROVAL:
signed this
day of
ATTEST:
Barbara J. squez
0 the Board
Approved as to form:
ORGANIZATION: Grant County Tourism
EVENT: Year Round Promotion
AMOUNT: $ 450000
�l , 2oza.
OF COUNTS C MMISSIONERS
Cindy Carter. , hair
Barbara G. Duerbeck, WSBA, #5394-6
Grant County Civil Deputy Prosecuting Attorney
ate
-nuumoer
Lra T. Gingrich
From:
Sent. -
To:
Subject:
This has my approval.
Barbara G. Duerbeck
Monday, February 12, 2024 4:•
28 PM
Jerry T. Gingrich
Re: 2024-35
From: Jerry T. Gingrich. Feb<jtgingrich@grantcountywa.ov>
Sent: Monday, February ig
ry 12,2024 3:30 PM
T®: Barbara G. Duerbeck <bgduerbeck@grantc
Subject: 2024-35 ountywa. Ov>
Please see the attached for Your review and approval.
Jerry T. Gingrich
Deputy Clerk Of the Board 2
Grant County Board Of Commissioners
PO Box 37
Ephrata, WA 95823
509-754-2011 ext. 2931
Fax: 509-754-6098
W r �an t �co u �nt �wq�.o y
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