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Home My WebLink AboutAgreements/Contracts - FairgroundsGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Fairgrounds REQUEST SUBMITTED BY:Jim MCKI@t'Ylatl CONTACT PERSON ATTENDING ROUNDTABLE.. Jim MCKIBI"Clatl CONFIDENTIAL INFORMATION: DYES A NO DATE: 10/29/24 PHONE: 509-237-2672 ,Z4;;!%S) OF: DOCUMENTSI.SlUBMITTED (CHECK ALL THAT APPLY) *Agreement / Contract LIAP Vouchers I-JAppointment Reappointment DARPA Related 0 Bids / RFPs / Quotes Award LJBid Opening Scheduled n Boards / Committees F]Budget 01 Computer Related DCounty Code []Emergency Purchase L]Employee Rel, E]Facilities Related FlFinancial Cl Funds []Hearing 0 Invoices / Purchase Orders ElGrants — Fed/State/County El Leases DMOA / MOU ElMinutes []Ordinances E]Out of State Travel ElPetty Cash ElPolicies 7 Proclamations 0 Request for Purchase 11 Resolution 17 Recommendation []Professional Serv/Consultant OSupport Letter E]Surplus Req. IDTax Levies OThank You's OTax Title Property EIWSLCB `3RD14G F W-, oRAd"''ENDA "a Term, cost, etql 14'a"!"i, Please approve the attached WSU Facility agreement which is just a renewal of an existing - ---------- ------- - - - -------- - agreement. It continues an agreement that expires on December 31, 2024 and runs for five years through Dec. 31, 2029. It has been reviewed and approved by legal. If necessary, was this document reviewed by accounting? F-1 YES Fo-1 NO � N/A If necessary, was this document reviewed by legal? W YES 0 NO F-1 NIA DATE OF ACTION: DEFERRED OR CONTINUED TO: WITHDRAWN: APPROVE: DENIED ABSTAIN D 1: D2: F11 E G E I V E D D3: OCT 2 � t. 2024 r. 4123/24 R kNT r r I 0 N P K24-262 Facilities Use Rental Agreement For 0 �V J>� A. Parties This MASTER FACILITIES USE AGREEMENT (the "AGREEMENT") is made and entered into between Washington State University, an 'Institution of higher education and agency of the state of Washington, by and through WSU Extension and 4-H Youth Development (hereinafter referred to as "RENTER"), and Grant County Fairgrounds, a county entity, whose address is 3953 Airway Drive NE, Moses Lake, WA 98837 (hereinafter referred to as "OWNER"). B. Rental Premises Under this Agreement, OWNER will rent to RENTER the following described premises (the "PREMISESIT 4-H Building, barns, former Emergency Management Building space, Huck Fuller Building, Commercial Building, Ag Building, Ardell, Pavilion, and the Harwood Pavilion as scheduled by the RENTER with the Fairgrounds Event Coordinator and/or Director. C. Consideration There shall be monetary, consideration charged for RENTER's use of the PREMISES. The parties} also includes the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by the parties. D. Duration of Agreement This AGREEMENT shall be effective as of January 1, 2025, and shall continue until December 31, 2029 (the "INITIAL TERM"), unless terminated earlier as provided for herein. At the Expiration of the INITIAL TERM,, this AGREEMENT may be extended for additional four (4) year terms upon the ,mutual written consent of the parties ("RENEWAL TERM"). Either party may terminate this AGREEMENT during the INITIAL TERM or any RENEWALTERM with not Less than thirty (30) days prior written notice to the other party. . E. Purpose RENTER will use the PREMISES only as provided forthe following purpose: In support of 4-H and Extension activities. RENTER shall not assign or sublet the PREMISES without OWNER's prior written consent. WSU Contract# F. Maintaining the Premises RENTER shalt maintain the PREMISES in the same manner RENTER found the PREMISES, reasonable wear and tear expected. If RENTER damages the PREMISES and OWNER must expend funds to restore PREMISES to its previous condition, RENTER agrees to pay the reasonable costs of such repair. 0. Insurance RENTER and the RENTER's officers, employees, and agents, while acting in good faith within the scope of their official duties, are covered by the State of Washington Self - Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.)., and successful cLairns against RENTER and its employees, officers, and agents in the performance of their official duties in good faith under this AGREEMENT will be paid from the tort claims liability account as provided in RCW 4.92.130. RENTER shall furnish a current certificate of insurance evidencing the foregoing policy of self-insurance, and agrees to name as an additional insured on such policy, OWNER and OWNER's officers, employees, and agents. H. Duties of Owner OWNER agrees to do the following under this AGREEMENT: 1. Provide use of the PREMISES to RENTER for the duration of this AGREEMENT during the agreed -upon dates and times. 2. Inspect the PREMISES on a periodic basis to ensure continued suitability for use. I. Duties of Renter RENTER agrees to do the foRowing under this AGREEMENT: 1. Cleanup and clear the PREMISES after each use, and maintain the PREMISES in its present condition during use, normal wear and tear excepted. 2. Comply with all applicable Laws, statutes and regulations, and OWNER policies, in RENTER's use of the PREMISES. 3. RENTER shall be responsible for provision and set-up of any equipment required by RENTER during RENTER's use of the PREMISES. J. Specific Use Agreements Attached to this AGREEMENT, as Exhibit A, is a template Addendum ("'Addendum"} for individual facilities use and rental events. The parties will use this Addendum to document specific rental agreements made under the general terms of this AGREEMENT. The template Addendum will establish: (1) the specific wilding/space rented; (2) the specific time/date of rental; and (3) the Owner's charge for rental. Facilities Use Agreement for Long -Term Use Page 2 of 4 WSU Contract # The parties may, during the life of this Agreement, enter into specific rental, and/or facilities use agreements which are not covered by the general terms of this AGREEMENT. Provided however, when the parties document a rental agreement by executing the tompLate Addendum attached to this AGREEMENT, the parties acknowledge and agree that the terms and conditions of this Agreement to apply to their specific rental, agreement. K. Payment RENTER'S payment for specific rental charges shall be due within 30 days after receipt of a final invoice., after the specific rental event. In accordance with official Washington State University policy, RENTER may not prepay OWNER's rental charges, L. HoLd HarmLess To the fullest extent permitted by Renter's self-insurance coverage and the Tort Claims Act (RCW 4.92.060 et seq), RENTER shall indemnify and hold harmless, and waive any and aLL claims against OWNER, and OWNER's officers, empLoyees, and agents from and against any and all liability for injury or damage to persons or property resulting from or arising out of the negligent acts or omission of RENTER or RENTER's officers, employees, or agents in the performance of its obligations under this AGREEMENT. To the fullest extent permitted by Law, OWNER shaLL indemnify and hold harmless, and waive any and all claims against RENTER, and RENTER's officers, employees, and agents from and against any and aLl liability for injury or damage to persons or property resulting from or arising out of the negligent acts or omission of OWNER or OWNER's officers, employees, or agents in the performance of its obligations under this AGREEMENT. M. AppLicabLe Laws This AGREEMENT shall be governed by and construed in accordance with the taws of the state of Washington. N, DIspute Resolution In the event that a dispute arises under this AGREEMENT that cannot be resolved by the parties, the parties agree to allow the dispute to be resolved by a Dispute Pane[ in the following manner: each party to this AGREEMENT shall appoint one member to the Dispute Panel, and the members so appointed shall jointly appoint a third member. The Dispute Panel shall review the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. The determination of the Facilities Use Agreement for Long -Term Use Page 3 of 4 WSU Contract # Dispute Panels hall be final and binding on the parties hereto. The parties shall share equally the cost, if any, to the parties for the services of the Dispute Panel. 0. Notices All notices required to be given under this AGREEMENT shall be delivered to the individuals who are Listed below as signatories to this AGREEMENT, EACH INDIVIDUAL WHO SIGNS THIS DOCUMENT BELOW agrees that he/she has read this AGREEMENT, understands it, and voluntarily agrees to its terms, and possesses the requisite authority to represent and legally hind the party on whose behalf he/she signs. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WA •Af 4 C1N'bYCARTP'6HAl9 DAN NY STQhE, VICE -CHAIR ROB JONES, MEMBER ATTEST this _50�', day of tkJO J , 2024: /1' E, -'al Eak� C I /J.f''BARBARAJ. VASQUEz 1 Clerk of the Board WASHINGTON STATE UNIVERSITY Recommended by State 4-H Office Andrew McGuire Grant CountyWSU Extension Director Date: Approved by Contract Services: Digitally signed by JoAnne Costa JoAnne Costa pate: 2O24.09.26 09:17:37-07'O0' Name: JoAnne Costa Title: Contract Specialist 2 Date: September 26, 2024 Facilities Use Agreement for Long -Term Use Page 4 of 4 Exhibit A -aq WSU Contract No, Addendum # Grant County FaftSrounds 3953 Airway Dr NE Moses Lake WA 98837-1029 (509) 765-3581 Fax: (509) 7GG-7940 %V-%V-VV.zdfa i rgrou nds.co m grantcoutityfair rounds (q-)co, !zrant.wa.u.3 FACILITIES USE AND RENTAL AGREEMENT Agreement Number. (To be assigned by fairgrounds staff Event Name: Event Date: Lessee: Washincyton State University, by and throe its Grant Coun!y Extension Lessor: Grant Coun!j Fairgrounds/ Grant Cuun Location(s).- 1 Time : I me: Rental Charge: The general terms and conditions of this specific rental agreement are established by the parties' Master Agreement. Signature: Wwm*"WJW Signature: Applicant/ Lessee Fairgrounds Director Date: Date: Contact Information Contact Information 3953 Airway Drive - --- --- We Moses Lake WA 98837 Phone #: ------- Phone #: (509) 765-3581 Fax 4: Fax#: (509) 766-7940 Grant County Fhrpounds - Civil Mir & Fji.-Vnund!;Q0l51Fa6litj Use and Rental Policies 10- 16-15 Page 1 James C. Mckiernan From: Rebekah M. Kaylor Sent: Tuesday, October 29, 2024 9:33 AM To: James C. Mckiernan Subject: RE: WSU Grant County 4-H Master Facility Use Agreement CCN004258 Good Morning, I any fine with this. Regards, Rebekah Kaylor Chief Deputy Prosecuting Attorney (Civil/Appellate) Grant County Prosecuting Attorney's Office PO Box 37 Ephrata, WA 98823 Phone.- 509.754.2011 x3950 Fax: 509.754.6574 rmkaYlor@grantcountyAq.E_qv lr-� a %, !'� S The contents of this -mail message, including any atlachr, nts, re intended soinly for the Use of the person or entity to, whom the ..-m ail wa addressed. It to contains inn rmation that may be protected by attorne-y-client privilege, work -product, or other privileges. and may be restrictted from disclosure by applicable state and federal law, 11c you are not the intended recipient oaf this message, be advised that anv dissemination, distribution. or use of the contents of" this message is strictly prohibited. If you received this message in error, please contactthe sender by replv e-mail. Please also permanently dellete afll copies of the original e-mail and -any attached dOCUrnentaLion, Please be advised th;at any reply to this e-mail may be considered a PUblic record and be SUbject to disclosure upon request, From: James C. Mckiernan <jcmckiernan@grantcountywa.gov> Sent., Wednesday, October 23, 2024 9:07 AM To: Rebekah M. Kaylor <rmkay1or@grantcountywa.gov> Subject: FW: WSJ! Grant County 4-H Master Facility Use Agreement CCN004258 Rebekah, its time to renew a contract for facilities with WSU. Can you go through this and Let them know if there are any additions, corrections or deletions? Then it would get sent to the BOCC. Thankyou Jim McKiernan, Director Grant County Fair and Fairgrounds —The Premier Equestrian Facility in the State 509-237-2672 Cell 446 matted Horse Stalls, 456 RV Sites, 2 large indoor riding pavilions, 5000 seat rodeo arena State of the art lighting and sound The best in ground working equipment Top-notch customer service All on 187 acres - The largest equestrian facility in the State 300 days of sunshine, so what more do you really need? From: Costa, JoAnne M < n t @wsu.edu> Sent: Thursday, September 26, 2024 10:42 AM To: James C. Mckiernan < . Cmckiernan@grantcountywa,gov> Cc: CAHNRS Business Center Contracts <contracts. bc@wsu.ed Ll>; Myers, Ana J. M. <ana.myers@wsu.edL1>; S Smith <smithsm wsu.edu> Subject: WSU Grant County 4-H Master Facility Use Agreement CCN004258 -- -- ------- - -------- "EXTERNAL open U This erna-H ori, inated froirn ol It-si -'e Grant Coum4l,-.Y's rlf.�tv4ork,. Di mot dick, hn k of r 'Tnent unle'oL,l rt 0 ns e n ci P r a rdk n .r) vv t h oc), n e t i Good morning, Attached are redlined Word and partially executed pdf files of WSU Contract CCN004258. WSU respectfully requests modifications consistent with those agreed upon in the previous agreement. Also, if there will be any additional terms attached to Exhibit A at the time of each rental, WSU requests that we review and agree upon those terms at this time. Let me know of any concerns or additional changes. If there Exhibit A will not have additional terms and this meets with your approval, please return the fully executed contract to my attention. Thank you, JoAnne JoAnne Costa Contracts Specialist. 2 Procurernerit & Contract Services Washington State -A UniverS IT" Y A4J!A Office: 509-335-3695 Email: ioanne.costap ,.wsu.edu N