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Home My WebLink AboutAgreements/Contracts - BOCC (003)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: gOCC REQUEST SUBMITTED BY: Barbara Vasquez CONTACT PERSON ATTENDING ROUNDTABLE: Barbara Vasquez CONFIDENTIAL INFORMATION: ❑YES ONO DATE:5/23/2024 PHONE: / mm' ----------- I • m . • 0 • • ! ■ I I 1 ■ I I ■ � ■ I ■ • I ■ • I / I ■ so ■ • • ■ I ■ I ■ • ■ 'o // ' /� y Expressions,-------------- Artisitc I Irt of the Grant annual Living Museum vent taking Place June 8, 2024 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO * N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: �`--) </-` � DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 WITHDRAWN: K24-143 2024 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose C"A reement'') is entered into by and between GRANT COUNTY. ('"COUNTY'), and Amy"s Artistic Expressions, duly formed and operating in the State of Washington, ("Amy's"). 1, Recitals WHEREAS, the COUNTY is duly organized and operatinIg under and by virtue of the State Constitution and the laws of the State of Washington; WHEREAS, AMY'$ is a Sole Proprietorship, duly organized and operati in, ia in the State of Washington; WHER.EAS,, AMYS desires to utilize COUNTY property (Grant County Museum) for their event; WHEREAS the Board of County Commissioners ("BOCC") have determined that i it I. is desirable I to allow the .AMY'S use of the demised premises, the same commonly known as the Grant County Museum and immediate surrounding area and having a street address of 742 Basin Street NW, Ephrata, Washington. 11. Agreements Based on the foregoing recitals, the parties to this Agreement hereby agree as follows-, E-1 The COUNTY does hereby allow AMY'S'to use the demised premises for the limited purpose of the Grant County Museum — Livina Museum event, the same to be held on June 8, 2024. 2. AMYS shall, at its own expense, and at all times mate-dat herein, use such demised premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental. authorities. Further, at all times material herein, AW"S shall keep such demised -premises free from debn*.s,. and preserve a standard of cleanliness as established by the COUNTY. 3. AMY'S shalt *indemnify and hold harmless the COUNTY from and against any and all claims, demands, causes of action, suits or Judgments including but not limited to,, any claims of insurance carriers, the Department of Labor and Industries, the Department of Social and Health Services, and any federal agency, health care- provider or governmental taxation agency, (including costs and expenses incurred in connection therewith), for deaths or tnjufies to persons or for loss of or damage to property arising out of or in NA00 Contracts and AgreementsNuseum - Living Museum 06082024.doc— Page I of 4 connection with the use and/or occupancy of the demised premises by AMY'S, its agents servants, employees or invitees and/or AMY'S's failure to comply with any law of any governmental authority. 4. Insurance. Lessee shall procure and maintain in force, without cost or expense to Lessor, on or before the commencement date of this Agreement and throughout the Agreement term or as long as Lessee- remains in possession of the Facility, a broad form comprehensive general liability policy of insurance covering bodily injury and -property damage, with respect to the use and occupancy of the Facility with liability limits of not less than $1,000,000, per occurrence. Lessor shall be named as additional 'insured on all such policies, which policies shalt in addition provide that they may not be cancelled or modified for any reason without fifteen (15) days prior written notice to Lessor. Lessee shall provide Lessor with a certificate or certificates of such, 'insurance within. (10) days of the execution of this Agreement. 5. Neither this Agreement, nor any claim arising hereunder, shall be assignable or delegable by either party in whole or in part. Further, AMY'S shall not assign, transfer, pledge, or lease any part of the demised premises. 6. This Agreement shall be governed and -interpreted in accordance with the laws of the State of Washington. In the event this Agreement is in conflict with the provisions of any law or statutes governing the subject matter hereof, such law or statute only to the extent of such conflict shall be controlling. FURTHER: If any portion of this Agreement is declared invalid or unenforceable,, the remaining provisions shalt remain in full force and effect. In case of any dispute the prevailing party shalt be entitled to an award of costs and reasonable attorney's fees as costs, 70- The failure of the COUNTY to insist on strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that the COUNTY may have and shall not be deemed a waiver of any subsequent breach or default by AMY'S concerning any terms and conditions contained in this Agreement. 8. No partnership, Joint venture or Joint undertakingr shall be construed from these presents, and except - as herein specifically provided, neither party shall have the right to make any representations for,, act on behalf of, or be liable for the debts of the other.. Unless other rise specifically provided herein, no third party is 'Intended to be benefitted by this Agreement. 9. This Agreement contains the entire agreement of the parties hereto and supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither the COUNTY nor AMY shall be liable to the other for any representations made by any person concerning the demised premises or regarding the terms of this Agreement, except to the extent that the same are expressed in this NA00 Contracts and AgreementsWuseum- Livin9 Museum 06082024.doc— Page 2 of 4 Agreement. This Agreement may be amended only by written instrument executed by both parties, or their lawful successors and assigns subsequent to the date hereof. 10, The undersigned warrant that they have the sole right and exclusive authority to execute this Agreement. 11. It is understood and agreed- that this Agreement has been executed knowingly and -voluntarily and that each party to this Agreement has had full opportunity for legal counsel prior to signing the Agreement. Each party to this Agreement agrees and represents that they have had the opportunity to read this Agreement, have had it fully explained to him or her by their counsel, understands and appreciates the foregoing words and terms and their effect, and signs this Agreement voluntarily of their own free will and accord. APPROVED this. AnZ.- day of 2024. BOARD OF COUNTY COMMISSIONERS T COUN Y� SHINGTON - --------- -- ---- - CindyCarteChair EST: S, r ara Vasquez, e X A the r -d. .proved proved as to form. - 5,z �2 202A e 11,4j Prosecuting Attorney AMY'S ARTISTIC EXPRESSIONS B NAA 0 Contracts and Agreements -Museum - Living Museum 060,820'.24.doe— Page 3 of 4 Amy Luck NA00 Contracts and AzreemeDts\Museum - Living Museum 0608202-4.doc— Page 4 of 4 CCti )R" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 05122/2024 -- ---- +..--- -. - - a xw%# CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certficate holder is an ADDITIONAL INSURED,, the policy (les ) must have ADDITIONAL INSURED provisions or - be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate do -es not coffer rights to the certificate holder in lieu of su ch endorsement(s). PRODUCER CONTACT Hiscox Inc. NAME: HONE () 2 5 Concourse Parkway --PLA& No, Ext): 888 20-3007 site 2150 ADDRESS. contact@hiscoxxom Atlanta GA, -30328 INSURER(§1 AFFORDING 0OVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B: AMY LUCK 841 S Evergreen Dr INSURER C Moses Lake,V\/A 98837-2221 INSURER D INSURER E: COVERAGES CERTIFICATE NUMBER: ----------- REVISION NUMBER: `I"HIS 10 TV CERTIFY THAT I I h VVLIUMS V1- IN,5UKaNUt: LISTED BELOW HAVE BEEN ISSUED TO THE INSURE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR TYPE INSURANCE ADDLISUB RI POLICY EF—F POLICY EXP LTR OF ---------- - INSD I VJVD PCY OLINUMBER x I COM-MERCIAL GENERAL LIABILITY (MMID MWDQNYYYI CLAIMS4AADE [K] OCCUR A L_] I Y 1 1 P100.190.615.3 1 11/05/2023 1 11/0512024 GEN'L AGGREGATE LIMIT APPLIES PER: X CtTPO LICYEIJLOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON-OVVNED 1AUTOS UMBRELLA LIAB OCCUR EXCESS LIAS CI-AiM"ADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYER& LIABILITY YIN ANYPROPRIETORIPARTNER/EXECLYTIVE OFFICER/MEMBEREXCLUDECO. NIA (Mandatory In, NH) If yes, describe under DESCRIPTION OF OPERATIONS below may ---------- DESCRIPTION OF OPERATIONS I LOCA71ONS I VEHICLES (ACORD 101, Additional Remarks schedule, may be attached if more space is requi Limited purpose of the Grant County Museum - Living Museum Event, to be held on June 8, 2024 CERTIFICATE HOLDER Grant County, Washington; Grant County Museum; Board of County Commiss 4 toners 35 C Street NW Ephrata, WA 98823 CANCELLATION ---------- D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ 21000000 DAMAGTOaower PREMISEUce) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &-ADV INJURY $ 2,000,000 GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMPIOP AGG $ SfT Gen. Agg. COMBINED SINGLE LIMIT $ Ea ardent BODILY INJURY (Per person) $ BODILY INJURY (Per acid t) $ PROPERTY DAMAGE $ �Per EACH OCCURRENCE $ AGGREGATE $ I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -.EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ L- ed) I -3 ------------ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORMED REPRESENTATIVE 01988-2015 AGGRO CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4�4 STAT AT E OF VAI A SVI ING TON Sole Proprietor AMY LYNN LUCK AMY'S ARTISTIC EXPRESSIONS 841 S EVERGREEN DR MOSES LAKE WA 98837-2221 TAX REGISTRATION - ACTIVE WWI iii E: I N E &`Som S33mom - 0 " CITY/COUNTY ENDORSEMENTS: MOSES LAKE GENERAL BUSINESS #BL2023-0026 - ACTIVE REGISTERED TRADE NAMES: AMY'S ARTISTIC EXPRESSIONS Issue Date: Apr 19, 2024 Unified Business ID 604036400 Business ID 001 Location: 0002 Expires: Sep 30, 2024 This document liststifite registrations, endorsements, and licenses authorized for the bmsiniess narned obom By acceptinig this document, the hicensee certifies the inforn-tation on the applica.fion was corniplete, true, ai-sid accurate to the best of his or her knowledp ;e, and that business will be conducted In coirlipliance with all applicable Washington staae, county , and city regulations. 11'.Arector, Department of Revenue S TATE OF WASHINGTON U B I : 604036400 001 0002 AMY LYNN LUCK TAX REGISTRATION - ACTIVE AMY'S ARTISTIC EXPRESSIONS MOSES LAKE GENERAL BUSINESS 841 S EVERGREEN DR #131-2023-0026 ACTIVE MOSES LAKE WA 98837-2221 Expires: Sep 30, 2024 -- --- ------------ -------- -------- ------- - ------------------- Brittany E. Lutz ' From: Barbara Vasquez Sent: Friday, May 24, 2024 8:20 AM To: Brittany E. Lutz; Rebekah M. Kaylor Subject: Fwd: Living Museum Vendors 6/8/24 Get Outlook for iOS From: grantcomuseum <grantcomuseum@mail.com> Sent: Thursday, May 23, 202411:47:45 AM To: Barbara Vasquez <bvasquez@grantcountywa.gov> Subject: Living Museum Vendors 6/8/24 Barbara Vasquez for Prosecuting Attorney I, John Carranco,Director of the Grant County Historical Society and Museum, Ephrata Washington, am requesting to sub -lease County property to vendors to take part in our Annual Living Museum Celebration on June 8, 2024. Vendors Include: Sweet Streets Ice Cream --Tiffany, Owner -509-906-1465 Amy's Artistic Expressions --Amy, Owner -209-764-5373 Columbia Basin Carriage Club --Linda, Secretary -509-350-9100 American Legion --Food Service -Mike Montaney-509-989-4417 Email Sent on 5/23/2024 Thank you , John Carranco 509-754-3334 (Cell)