The URL can be used to link to this page

Home My WebLink AboutAgreements/Contracts - BOCCGRANT 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 VBSgU@Z CONTACT PERSON ATTENDING ROUNDTABLE: g VaSgU@Z CONFIDENTIAL INFORMATION: []YES ® NO SATE: 6/2/25 PHONE:2928 DAgreement / 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 Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's []Tax Title Property ❑WSLCB ru-40R. s �� 2�� >�� a `- .�> �.�-/�'%' .�: �:,✓ �: ems, �" "%� ;�� /�� ; /, %,. 2025 Agreement regarding Use of County Property for Public Purpose with American Legion Art Semro Post 28 at the Grant County Museum - Living Museum event on June 14, 2025. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A 7�.rC+�F'Ax+fi'�, M;r r�'k -�t�4k'��' '.i:.n� �w;�. t>,-�z•�r� f`s?+Pa.�aS -^i;: a `-'�'9'�. 'S'xx".¢:k�wF�?-J7!"ui4.^r i/pR""' `�,s`^q + - y.- ' i 4 P '..+F t -- r -� �, •, a :7 ti r ti ;t, j ,, -*� *t`y a f b s'+t' _� L bia' •bt .-�3.r-: .z.'-.-az �t .:»r Fy yr 'i +r' r•i tf'f.��. �'Yi.,., y�'i- �, 1 .a' '`.�� ,.0 _.� i.... 1 "d6_ '4"�:.... g .}i«2:?.7NSC'eFDM�.;�KEh+wr#f.+Yiidn.�i�.::if3f4�1G1�k�11We4.�6►._...? w.�T:�.;sW.4. w, r�Sa.kit' _ `t... K'..r�':6SG�CJE.�'awL�iw•;i 7 � r .. � DATE OF ACTION: ' 2 DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: D2: D3: WITHDRAWN: RECEIVED 4/23rz4 JUN 02 2025 GRANT COUNTY COMMISSIONERS 2025 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of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 Art Semro Post 28, duly formed and operating in the State of Washington, ("AMERICAN LEGION"). 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 is a Sole Proprietorship, duly organized and operating in the State of Washington; WHEREAS, AMERICAN LEGION desires to utilize COUNTY property (Grant County Museum) for their event; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow AMERICAN LEGION 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. II. Agreements Based on the foregoing recitals, the parties to this Agreement hereby agree as follows: 1. The COUNTY does hereby allow AMERICAN LEGION to use the demised premises for the limited purpose of the Grant County Museum — Living Museum event, the same to be held on June 14, 2025. 2. AMERICAN LEGION 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 shall keep such demised premises free from debris, and preserve a standard of cleanliness as established by the COUNTY. 3. AMERICAN LEGION 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 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 https://grantcountywa.sharepoint.com/teams/BOCC/Shared Documents/General/Contracts/2025 Contracts/MuseuipR EtENEEPAmerican Legion 06142025.doc— Page 1 of 3 MAY 2 2 2025 GRANT COUNTY COMMISSIONERS the use and/or occupancy of the demised premises by AMERICAN LEGION, its agents, servants, employees or invitees and/or AMERICAN LEGION'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 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 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 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, 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 AMERICAN LEGION 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 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. https://grantcountywa. sharepoint.com/teams/BOCC/Shared Documents/General/Contracts/2025 Contracts/Museum - Living Museum - American Legion 06142025.doc— Page 2 of 3 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 day of , 2025. ATTEST: Barbara J. Vasquez, Clerk of the Board Approved as to form: 2025. Pr ecuting Attorney � t1� BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob Jones, Chair Cindy Carter, Vice -Chair Kevin Burgess, Member AMERICAN LEGION By �6C A-7r.4eW60 Mike Montaney https://grantcountywa.sharepoint.com/teams/BOCC/Shared Documents/General/Contracts/2025 Contracts/Museum - Living Museum - American Legion 06142025.doc— Page 3 of 3 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_day of 2025, AT /4--Barbara J asquez, Clerk of the Board Approved as to form: 2025. Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS GRANT COUNTY,,,--NVASH'IN'GTON Cifi-dy Carrer,\Vlce-Chair Kevin Burgess, ember AMERICAN LEGION By Mike Montaney https:Hgrantcountywa.sharepoint.com/teams/BOCC/Shared Documents/General/Contracts/2025 Contracts/Museum - Living Museum - American Legion 06142025.doc— Page 3 of 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS_ EXCLUSIONS_ AND CONDITIONS OF SHC:H COVFRArF Ar-RFFnnFNT 11hA1T.5Z .5ZN01AiN RFi C XA1 nnnv NovR RPRni Rini i'r-n Rv Dnin f`1 ninne LINE OF iVERAGE COVERAGE NUMBER EFF DATE DATE DESCRIPTION 011 COMMERCIAL GENERAL LIABILITY NPIP252633314 6/1/2025 6/1/2026 yku 7+ti ,o YL �i[fc PER OCCUR ...� RENCE $1,000,000 (OCCURRENCE FORM) INCLUDES STOP GAP — EMPLOYERS LIABILITY PER MEMBER AGGREGATE $2,000,000 PRODUCT-COMP/OP $1,000,000 MEMBER DEDUCTIBLE: $0 PERSONAL & ADV. INJURY $1,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 u. COMMERCIAL AUTOMOBILE LIAB. NPIP252633314 6/1/2025 6/1/2026 COMBINED SINGLE LIMIT $1,000,000 (ANY AUTO) (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE COMMERCIAL PROPERTYx M NPIP252633314�A 6/1/2025 6/1/2026 ALL RISK PER OCC EXCL EQ & $100,000,000 FL EARTHQUAKE PER OCC Excluded EQ AND FLOOD COVERAGE MAY BE EXCLUDED FOR INDIVIDUAL LOCATIONS FLOOD PER OCC Excluded O'PROP,IERTY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE RCIAL CRIME NPIP252633314 6/1/2025 6/1/2026 PER OCCURRENCE $1,000,000 INCLUDES EMPLOYEE THEFT/DISHONESTY & ERISA COVERAGE PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $1,000 (CRIME IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 WRONGFUL ACT LIABILTIY NPIP252633314 6/1/2025 6/1/2026 PER CLAIM $1,000,000 (CLAIMS MADE) MEMBER DEDUCTIBLE: $1,000 PER MEMBER AGGREGATE $1,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 MISC. PROFESSIONAL LIABILITY NPIP252633314 6/1/2025 6/1/2026 PER CLAIM $1,000,000 (CLAIMS MADE) PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $1,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE -DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE NPIP COVERAGE AGREEMENT PROVISIONS. Non Profit Insurance Program 2025-2026 Page 1 Issue Date 5/22/2025 Cert #:0000023571 awl i Regarding annual event for Patriots Day Ceremony. Grant County is named as Additional Covered Party as respects General Liability regarding this event only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement attached. Grant County PO Box 37 Ephrata, WA 98823 Non Profit Insurance Program 2025-2026 Page 2 Coverage#: NPIP252633314 - - Effective Date: 6/1/2025 Cert #:0000023571 Issue Date 5/22/2025 ADDITIONAL COVERED PARTY AMENDMENT — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies coverage provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company, the following applies. SCHEDULE Person or Organization (Additional Covered Party): Grant County PO Box 37 Ephrata, WA 98823 Description of Activities / Operations / Designated Premises: Regarding annual event for Patriots Day Ceremony. Grant County is named as Additional Covered Party as respects General Liability regarding this event only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement attached. With respect to coverage under the General Liability Coverage Part: A. The Definition of Covered Party in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of this Coverage Agreement is amended to add as a Covered Party the person or organization shown in the above Declarations with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Covered Party in your Coverage Agreement. Such person or organization is a Covered Party only with respect to their liability assumed by you that would be otherwise imposed by law in the absence of any contract or agreement relating to or arising out of the specified activity(ies) or operations described in the above Declarations. However, this coverage only applies with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations; or 2. In connection with your premises owned or rented to you. The following provisions also apply: (1) The written contract or written agreement must be in effect at the inception of the Coverage Period or become effective during the Coverage Period; and (2) The written contract or written agreement must be executed prior to the Bodily Injury or Property Damage. Subject to the paragraphs above, any such person's or organization's status as an additional Covered Party ends when any of the following first occurs: Non Profit Insurance Program 2025-2026 Page 3 (1) This Coverage Agreement terminates; (2) The written contract or written agreement terminates; or (3) The specified activity(ies) or operations described in the above Declarations terminate. B. The following is added to Condition D. Other Insurance in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of the Coverage Agreement, and supersedes any provision to the contrary: For the additional Covered Party under your Coverage Agreement shown in the above schedule, and subject to Paragraph A. above, this coverage is primary to and will not seek contribution from any other insurance available to such additional Covered Party provided that: The additional Covered Party is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this Coverage would be primary and would not seek contribution from any other insurance available to the additional Covered Party for amounts payable under the coverage provided by this endorsement. C. The Limits of Coverage applicable to the additional Covered Party is the lessor of those limits specified in either the: • Written contract or written agreement; or • Declarations for this Coverage Agreement, In no case will the limits of coverage provided under this General Liability endorsement exceed the limits as required in the contract or agreement, or the limit of liability available under this Coverage Agreement. These Limits of Coverage are part of and not in addition to the Limits of Coverage shown in the Declarations. Except with respect to the Limits of Coverage, and any rights or duties specifically assigned in this Coverage Part to the Covered Member, this coverage applies: a. As if each Covered Member were the only Covered Member; and b. Separately to each Covered Party against whom claim is made or Suit is brought. All other terms and conditions remain unchanged Non Profit Insurance Program 2025-2026 Page 4