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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Commissioners Office REQUEST SUBMITTED BY: B Vasquez CONTACT PERSON ATTENDING ROUNDTABLE:13 Vasquez CONFIDENTIAL INFORMATION: ❑YES ®NO DATE:8/5/24 PHONE:292$ ------------- ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. *Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB -------------- Request from the American Legion Auxiliary Art Semro Unit 28 to use county property (courthouse steps/lawn) for their Patriot Da Ceremony on 9/11/24 from 5:30 -6:3 Y Y p Op. If approved, a contract regarding use of county property will be signed. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? YES ❑ NO N/A DATE OF ACTION: APPROVE DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: K24-203 2024 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose ("Agreement") is entered into by and between GRANT COUNTY, ("COUNTY"), and AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28, a non-profit corporation duly formed and operating in the State of Washington. I. Recitals WHEREAS, the COUNTY is duly organized and operating under and by virtue of the State Constitution and the laws of the State of Washington; WHEREAS, AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 is a non-profit corporation, duly organized and operating in the State of Washington; WHEREAS, AMERICAN LEGION AUXILIARY ART SEMRO iJNIT 28 desires to utilize COUNTY property (courthouse front lawn) for their event; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow the AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 use of the demised premises, the same commonly known as the Courthouse and immediate surrounding area and having a street address of 35 C Street NW, Ephrata, Washington. II. Agreements Based on the foregoing recitals, the parties to this Agreement hereby agree as follows: 1. The COUNTY does hereby allow AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 to use the demised premises for the limited purpose of the Patriot Day "National Day of Service and Remembrance" event, to be held on Wednesday, September 11, 2024 from 5:30 p.m. — 6:30 p.m. 2. AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 shall, at its own expense, and at all times material herein, use such demised premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Further, at all times material herein, AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 shall keep such demised premises free from debris, and preserve a standard of cleanliness as established by the COUNTY. 3. AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 shall 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 Agreement Regarding Use of County Property for Public Purpose — Page 1 of 3 agency, health care provider or governmental taxation agency, (including costs and expenses incurred in connection therewith), for deaths or injuries to persons or for loss of or damage to property arising out of or in connection with the use and/or occupancy of the demised premises by AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28, its agents, servants, employees or invitees and/or AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28'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 shall 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, AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 shall not assign, transfer, pledge, or lease any part- of the demisedp remises. 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 shall remain in full force and effect. In case of any dispute the prevailing party shall be entitled to an award of costs and reasonable attorney's fees as costs. 7. 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 AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 concerning any terms and conditions contained in this Agreement. 8. No partnership, joint venture or j oint undertaking 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 otherwise specifically provided herein, ho 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 AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 shall be liable to the other for any representations made by any person concerning the Agreement Regarding Use of County Property for Public Purpose — Page 2 of 3 0 demised premises or regarding the terms of this Agreement, except to the extent that the same are expressed in this Agreement. This Agreement may be amended only by written instrument executed by both parties, or th e heir lawful successors and assigns subsequent to the datereof , 10. The undersigned warrant that they have the sole right and exlclus*Ive authority to execute this Agreement. I I - It is understood and agreed that this Agreement has been executed knowingly and voluntafily and that each party to this Agreement has had full -0ortunIty for pp legal counsel prior to signinc, the Agreement. Each party to th' is Agreement agrees aid represent .s that they have had the opportunity to read this Agreement, have had it fully explained to him orher by the ir counsel, understands and appreciates the foregoing words and terms and their effect, and signs this Agreement volunt an fily of their own free Will and accord. APPROVED this 2, day o,Al, 2024. BOARD OF COUNTY COMMISSIONERS G. T CO' W A, INGTON -A UN -T Cin uA Car air Danny E. tone, 'icy -Chair T A IE - T t4rBarb'a'ra'j`.'-'--- �..�e�zClerk- of the Board Approved as to form: 2024. Rebekah .a dor Chief Civil Deputy Prosecuting Attorney Rob Jones-, Member AMERICAN LEGION AUXILIARY ART SEMKO UNIT 28 B, �.. Jane M tangy, Chair Agreement Regarding Use of County Property for Public Purpose — Page 3 of -3 ) July 29, 2024 Grand County Commissioners PO Box 37 Ephrata, WA 98823 C/O Barbara Vasquez bvasquez(a,&rantcount�wa.,gov RE: Permission for use of Courthouse steps, lawn, and small area of parking lot Dear Commissioners; This letter is to request the use of the Grant County Courthouse front steps, lawn, and power on September 11, 2024, for the purpose of holding a ceremony for National Day of Service and Remembrance. The ceremony would begin at 5:30pm and conclude about 6:30pm. Allowing for people remaining a while after the ceremony and clean up; we expect to have the courthouse property back to normal by Bpm. On December 18, 2001, Congress passed Public Law No. 107-89 designating September 11 ' as "Patriot Day". Then April 18, 2009, by Public Law 111-13, Congress requested the observance of September 1 1' as an annually recognized "National Day of Service and Remembrance". The American Legion Auxiliary and The American Legion, Art Semro Unit and Post 28 have held a special ceremony on September 1 1' for many years at the Grant County Courthouse and would like to continue that tradition. I will be reaching out to groups who've been involved in the past: Grant County Sheriff's Office, Ephrata Police, Fire Department, our ambulance provider — Lifeline, Grant County Dispatch, most importantly —Tom Gaines, Central Services of Grant County Courthouse, and the City of Ephrata. We would like to expand those involved/honored this year to include those First Responders from Soap Lake, Quincy, and County. Hopefully, I will have spoken to everyone by close of business on July 301 to discuss plans. Based on tho- 0 Elk ,Y conversations, an outline of the plans for our event on Sept 11, 2024, should be re cry Nto send out to all involved by August lst . Last year we were honored to have over 300 banners of fallen heroes from the war LA3 terror. This year, the number of banners we can obtain is between 50-75. The disp CD would be put up early morning of the 11th and removed after the ceremony (about Id As in the past, we will need to close off the front steps of the courthouse at 4:30pm t facilitate setting up the PA system. Our plan also would include placing a few chair r, the Honor Guard on the lawn by. the Memorial on the north side; and 25 -40 chairs in front of courthouse (divided about equally on either side of center walk) for the participants and some of the elderly and disabled members of the audience. The plan includes for the Fire Department to place one of their trucks in the parking lot on the north side of the courthouse to facilitate their displaying a large United States Flag as a backdrop for the Grant County Memorial on that side of the courthouse lawn. The truck would NOT come on the lawn. We also are hoping one of you will be able to be a part of the ceremony by placing a flag (which we will provide) in a flower basket by the memorial. I look forward to working with you in putting on a ceremony which will honor all the men and women of our emergency services and military who served and are serving to ensure we enjoy our freedoms in safety. We will also encourage everyone to consider participating in charitable service thus being united in strengthening our community. A Certificate of Insurance will be provided as soon as we know we have permission for the use of Courthouse property as outlined. I understand we are to instruct the insurance company to send the Certificate to you via email — cominissionerskgrantcount wa.gov. Please contact me with any questions or concerns you may have. Yours In Service, For God and Country, Jane Montaney Jane Montaney, Patriot Day Ceremony Chairman American Legion Auxiliary, Art Semro Unit 28 204 Maringo Road Ephrata, WA 98823 jmontaneykyahoo.com 509-760-1433