Loading...
HomeMy WebLinkAboutAgreements/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 McKiernan- CONTACT PERSON ATTENDING ROUNDTABLE:Jim McKiernan CONFIDENTIAL INFORMATION: [AYE C14NO DATE:2/24/25 PHONE:509-237-2672 kgrim Lu- LRAgreement / Contract QAP Vouchers OAppointment / Reappointment DARPA Belated 0Bids / RFPs / Quotes Award OBid opening Scheduled C. Boards / Committees DBudg et 0 Computer Related D County Code E l Emergency Purchase O Em,ployee Bel. []Facilities Related n Financial 11 Funds 0 Hearing DInvoices / Purchase Orders E lGrants -- Fed/State/County 0Leases 11MOA / MOU []Minutes E lOrdinances ElOut of State Travel DPetty Cash O Policies M Proclamations D Request for Purchase EQ Resolution ORecommendation OProfessional Serv/Consultant OSupport Letter ❑Surplus Re . q OTax Levies 0Thank You's DTax Title Property OWSLCB ,�------------- NINE WIN MIMSAT Fairgrounds contract with Oregon Beverage Service If necessary, was this document reviewed by accounting? 0 YES D NO W NSA If necessary, was this document reviewed by legal? * YES 0 NO 0 N/A DATE OF ACTION: � DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D C�� D2: D3: WITHDRAWN: RECEIVED FEB 2 4 2025 4/23/24 GRANT COUNTY COMMISSIONERS Grant County Fair Personal and Professional Services Agreement This agreement is entered into on the date of the last signatory to this contract between Grant County Fair and Unruh Management and Consulting LLC doing business as Oregon Beverage Services, In consideration of the mutual covenants, conditions, agmements, and Stipulations contained in this Agreement, the parties agree as follows; 1. RIGHTS The Grant County Fair grants Oregon Beverage Services for the term specified in section 5 in the Service Agreement, the exclasive right and privilege to conduct all alcoholic beverage concessions and non exclusive right to non alcoholic beverage services at public events held at the Grant County Fair; and the non-exclusive right to sell other items as agreed by Grant County Fair, The "Alcoholic Heverage Services," 11, FACILITIES The space allotted to Oregon Beverage Services, for the operation of the Alcoholic Beverage Ot Services, shall consist of beverage wncession locations at the Grant County Fairground., hereinafter "facility". 111. OPERATIONS OF BUSINESS A. It is agreed that Alcoholic Beverage Services shall bo operated in the name of Oregon Beverage Services, and not in the nme of the Grant County Fair. B. Oregon Beverage Services shall confine its sales and operations to the specific locations at the Gmt County Fairgrounds to designated for alcohol sales by the Grant County Fair, hereinafter referred to as lopremisee% C. Oregon Beverage Services shall not allow the Premises, or any part of such Promises, to be used for any purpose other than the Alcoholic Beverage Services,, or to become vacant during any periods that Oregon Beverage Services is required to conduct the alcoholic beverage services, or permit the Premise to be used, in whole or in part, by any other* finn, person, corporation, or other entity without the consent of the Grant County Fair. D. Oregon Beverage Services shall be open for business during the times the Fair is open to the public. E. The Grant County Fair and Oregon Bevorage Services will agree in writing on all issues related to menu items, prices, portions and the like. Acceptance and repeat clientele are important and shall be factors considered when establisWng menu items and pricing. F. Oregon Beverage Services agrees to supply the Grant County Fair a statement of revenue or usage, using mutually agreed upon accounting methods, within 24 Fours after the completion of any .facility event. G. Oregon Beverage Services agrees that at all time herein mentioned it shall operate the Alcoholic Beverage Services in. accordance with the applicable laws and industry sta�ards H. Oregon Beverage Services will acquire and maintain the appropriate license ftm the Washington Liquor and Cannabis Commission. 1. Oregon Beverage Services will be responsible for procuring and payment of, all alcohol related security and alcohol monitor services. iv► FINANCIAL ARRAN rEMENIIs A. As consideration, Oregon Beverage Services agrees to pay the Grant County Fair the following gross sales less taxes on all alcoholic beverage sales: 0W 14 opo: 30% $10%01415000: 35% 15%00 t -- 00,000: 40% 00,001- 5o,000:45% Over 0,000: 0% Vercentage is paid oa the amount within each tier. B. Additionally, Oregon Beverage Services agrees to pay the Grant County Fair 0% of gross sates less taxes on all non-alcoholic beverage sales. V. 'TERM The tern of this Agreement shall begin on the date set forth above and shall be in effect for a fiver (5) year tem. V1. MERCHANDISE PURCHASES Oregon Beverage Services shall make all purchases of food, beverages, materials for use or sale by Oregon Beverage Services, in its own name and paid promptly by there. The Grant County Fair shall not be liable or responsible, in any way, for any debts contracted. by Oregon Beverage Services. Oregon Beverage Services agrees and understands that honoring the Grant County Fair's sponsorship relationships may 'Involve not purchasing or selling certain speeific items or products. Oregon Beverage Services agrees, as directed by the Grant County Fair, to abide by these relationships except as prohibited by law. V11, EMPLOYEES A. Any employees employed by Oregon Beverage Services to work on the Premises shall be ameptable to the Grant County Fair, B. All employees of Oregon Beverage Services shall confonn to the rules. and regulations. currently established or in force, or which may be established reasonably in the conduct of the Grant County Fair, C. The Grant County Pair shall have the right to require the removal from the Premises any employee of Oregon Beverage Services whose conduct shall be unsatisfactory to the Grant County 1+air. D. Oregon Beverage Services shall employ as many concession and Alcoholic Beverage Service employees as it deems necessary, and shall be responsible for the employment and conduct of such employees. All such employers shall be interviewed., trained and scheduled by Oregon Beverage Services. Grant County Fair shall have the right to require termination of any of such employees whose performance or conduct is unsatisfactory, E. Oregon Beverage Services and the Grant County Fair "11 comply v4th all Federal, State and local laws and regulations, now in force or which any governmental authority may enact. F. Oregon Beverage Services agrees to maintain a staff of employees, as determined by So Oregon Beverage Services to be suffteient to conduct the, operation of the P rem 't sin an efficient manner. V111. CLAIMS Claims for damages arising out of the operation of Oregon Beverage Services business that are covered by insurance shall be handled by Oregon Beverage Services and Oregon Beverage Services shall exercise due diligence in affecting settlement of such claims.' IX LICENSE Dun"ng the term of this Agreement,, Oregon Beverage Services, shall be required to maintain a year round Washington State liquor license, Federal ATF license and alcohol server licenses for all servers, as well as any required Health Department permits. Said licenses shall be of the nature that will allow thern to operate the type of activities contracted for held at the facility, a. Any act, default or omission on the part of Oregon Beverage Services or any of its officers, employees, or agents on 0 b. Any infringement by Oregon Beverage Services, its officers, employees, or agents, of any trademark, copyright, patent, all in connection with the operation of the Premises and Business,, B. The rwit County Fair will at all times indemnify and defend Oregon Beverage Services against, and hold Oregon Beverage Services bwmless from all actions, claims, demands, liabilities, and damages that may m' any manner be imposed on or incurred by Oregon Beverage Services as a consequence of, or arising out oft. all Any act, default_, or omission on the part of Grant County Fair, the Grant County Fairgrounds, its officers, employees, or agents-$1 or b. Any infringement by Grant County Fair, its officers, employees, or agents, of any trademark, copyright, patent, all in connection with the operation of the Premises and Business. XIII. PARINERSHIP It is understood and agreed that nothing contained in this Agreement shall be considered as In any way constituting a game hip between Client and Contractor. XIV. GOVERNING LAW; ENFORCEMENT It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with, the laws of the State of WashiWon. In the event that legal counsel are employed to enforce this Agreement of any provislon hereof, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses relating thereto, including, without limitation., reasonable attorney's fees, XV. ENTIRE AGREEMENT This Agreement, and all Appendices allached hereto, constitutes the entire agreement between the parties and any prior understanding or representation of any kind shall not be binding upon either party except to the extent incorporated in. this Agreement. XV1. MODIFICATION OF AGREEMENT Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreevaeat shall be binding only if the evidence in Writing is signed by each party or mi authorized representativo of each party, X TNSURANCE i& A. Contractor shall procure and maintain insurance of the following kinds and minitnurn Hinits: a. Workmen's Compensation Insurance as proscribed by the laws of the State of Washington, and shall maintain Workers Compensation Insurance in accordance with the State of Washingtott Labor Code for all employees, agents, and volunteers eligible for such covemge under the IndusWal Insurance Act, b. Comprehensive General Liability and Liquor Liability with total limits of two million dollars ($2,00 },000). Contractor will carry an urnbrella of two million dollars (,000,o00) above its regular policy. c. Oregon Beverage Services shall provide the Grant County Fair, prior to entering insurance SIP the Premise, Certificates of Insurance with respect to the types of insurance limits enumerated above. d. Ten (10) days notice must be given to the Grant County Fair by Oregon Beverage Services instwance provider(s) of any cancellation of 'insurance and any cancellation of coverage way become sole justification of the immediate termination of this Agreement by the Grant County Fair. e. Insurance will include the coverage for Additional Insureds: the Grant County Fair, its Officers, Agents, Employees and the, board of County Conunissioners as respect to the work performed by the 'Insured. XI. TAXES AND FEES Oregon Beverage Services shall obtain all licenses as necessmy to run the professional Alcoholic Beverage Services. Any and all taxes, fees and assessments 'including, but not limited to: license Fees, fees for permits, sales or use taxes, property taxes, or any other truces that may be levied or assessed on the assets, business or capital of Oregon Beverage Services with respect to the Alcoholic Beverage Services, on Oregon Beverage Services income from the Alcoholic Beverage Services, or on the merchandise carried by Oregon Beverage Services for the use in the alcoholic beverage concessions by and duty constituted local., city., county, state, or federal, or other govemmental authority, shall be borne and paid for Oregon Beverage Services, X11, MUTUAL INDEMNIFICATION A. Oregon Beverage Services will at all times indemnify and defend the Grant County Fair against, and hold harmless the Grant County Fair from all actions, claims, demands, liabilities, and damages that may in any manner be imposed on or 'incurred by the Grant County Fair as a consequence of, or an*sing out of: In WITNESS WHEREOF, each party to this Agreement has caused 'it to he executed on the date set Forth below. Grant County Fair Name ........... Date: Kevin R. Burgess, County Commissioner Naftz isLf.Li.`�'Y.'XX"XnSC.�.CYi:4�•Hi.•.�SW.'C!L':Y T/..N:JC:"��dhZf+'Y.N.L�O1Y3".�"�:�S�:iV^.f.7lSiY'C:Y\.-�ZYCL7 Date: Rob Jones, Coutity Commissioner Name ------- --- - Date: Cindy Carter, County Commissioner Orel evrerage Services n Name N:U/'rC'9'1'f!!.:IAYFI.Y• 4.�Yr.Y!.c��1rL.M-r/•'ir�aXv:x::r�.:sxan-Rx;.<�r. .. ..!.... ....... r Date: Ca oll Unruh, Owner PO Box 2234 Salem, Oregon 97308