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HomeMy WebLinkAboutAgreements/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: g VaSCjU@Z CONTACT PERSON ATTENDING ROUNDTABLE: B VaSgU@Z CONFIDENTIAL INFORMATION: ❑YES 8 NO DATE: 7/22/25 PHONE:2928 ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled []Boards / Committees ❑ Budget ❑Computer Related El County Code ❑Emergency Purchase El 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 F�,--.'�''� %%��/%//.��%v�/ , i� �. � �%��i��/iy�'�� ,��'-��- �.L✓����/�✓�/%ems.%���i�� �C, r �� � ��/%�iyi/%ice 2025 Agreement regarding Use of County Property for Public Use with American Legion Auxiliary Art Semro Unit 28 for a Patriot Day Ceremony to be held 9/11 /25 on the courthouse lawn. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO * N/A If necessary, was this document reviewed by legal? 7 YES ❑ NO ❑ N/A DATE OF ACTION: 1 ` ` Z-5 DEFERRED OR CONTINUED T0: APPROVE: DENIED ABSTAIN D2: D3: 4/23/24 WITHDRAWN: 2025 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose ("Agreement") is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 AUXILIARY ART SEMRO UNIT 28, an business, for their Patriot Day Ceremony event. 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 business; WHEREAS, AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 desires to utilize COUNTY property (courthouse front lawn) for their event, Patriot Day Ceremony; 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 AMERICAN LEGION AUXILIARY ART SEMRO UNIT 28 Patriot Day Ceremony event, to be held on Thursday, September 11, 2025 from 4:30 a.m. — 8:00 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 agency, health care provider or governmental taxation agency, (including costs and expenses Agreement Regarding Use of County Property for Public Purpose — Page 1 of 3 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 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 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, 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 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 demised premises or regarding the tenns 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. 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 herby 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 } �--� da y of 20�5 . (j _ , OAR.D OF COUNTY COMMISSIONERS ATT T �- Barbara J. asauez, Clerk of the Beard �^ Approved as to form: Date: '�- ------ Barbara Duerbeck, WSBA 53946 Civil Deputy Prosecuting Attomey GRA TNTY WASHiNGTON oe ►r,�L Cindy Cartel, Vi e- air Kevin Burgess, M er Date- % lal3i�6 Wdrv By IkAAI-15t� AMERICAN LEGION AUXILIARY ART SEhiRO UNIT 28 Agreement Regarding Use of County Property for Public Purpose - Page 3 of 3 June 25,2025 Grand County Commissioners PO Box 37 Ephrata, WA 98823 C/O Barbara Vasquez bvasquezkgrantcountyEa.gov RE: Permission for use of Courthouse steps, lawn, and small area of parking lot Dear Commissioners; This letter is to request permission to use the Grant County Courthouse front steps, lawn, and power on September 11, 2025, for a ceremony honoring the National Day of Service and Remembrance. The event will start at 5:30pm and end around 6:30pm. Allowing for people to remain a while after the ceremony for clean-up, we expect to have the courthouse property back to normal by 8pm at the latest. On December 18, 2001, Congress passed Public Law No. 107-89 designating September I I th as "Patriot Day". Then April 18, 2009, by Public Law I I 1- 13, Congress requested the observance of September 111 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 I I th for many years at the Grant County Courthouse and would like to continue that tradition. I will be reaching out to groups that have been involved in the past: Grant County Sheriff's Office, Ephrata Police, Fire Department, Soap Lake Police, our ambulance provider — Lifeline, Grant County Dispatch, most importantly — Tom Gaines, Central Services of Grant County Courthouse, and the City of Ephrata. We plan to include additional First Responders from Soap Lake, Quincy, and the County. Hopefully, I will have spoken to everyone by the end of business on July 31 st to discuss the plans. Based on those conversations, an outline of the plans for our event on Sept 11, 2025, should be ready to be sent out to all involved no later than August 1st. jq.L. 1 1 In 2023, we were honored to have over 300 banners of fallen heroes from the War on Terror, and we hope to have at least that many again this year. The display would be put up early the morning of the l lt'' and removed after the ceremony (about dusk). As in the past, we will need to close off the front steps of the courthouse at 4:30pm to facilitate setting up the PA system. Our plan also includes placing a few chairs for the Honor Guard on the lawn by the Memorial on the north side, and 25-40 chairs in front of the courthouse (divided about equally on either side of the center walk) for the participants and some of the elderly and disabled members of the audience. The plan includes having the Fire Department 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 hope that one of you will be able to participate in 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 that will honor all the men and women of our emergency services and military who served and are currently 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 the Courthouse property as outlined. I understand we are to instruct the insurance company to send the Certificate to you via email — commissioners(cr�,grantcountywa•gov. Please do not hesitate to contact me with any questions or concerns you may have. Yours In Service, For God and Country, �-lec�then� Wi,lsew Heather Wilson, 9-11 Ceremonial Event Chairman American Legion Auxiliary, Art Semro Unit 28 171 E Street SE Ephrata, WA 98823 heather-denver7kyahoo.com 208-350-9142 PS: Yes, I'm the new chairman this year, although I did work on the committee last year and a lot of this year's committee have volunteered for this event in the past. Outlook Re: Use of the Court House Lawn From Barbara Vasquez <bvasquez@grantcountywa.gov> Date Fri 7/11 /2025 9:22 AM To Heather Wilson <heather_denver7@yahoo.com> Cc Jane Montaney <jmontaney@yahoo.com> Hello Heather! received your letter, thank you! This will go before the county commissioners 7/22 for approval. Barbara J. Vasquez, CHIC Clerk of the Board Grant County Commissioners Office and Clerk of the Board Board of Equalization PO Box 37 Ephrata OVA 98823 509-754-2011 ext 2928 From: Heather Wilson <heather_denver7@yahoo.com> Sent: Thursday, July 10, 2025 8:46 PM To: Barbara Vasquez <bvasquez@grantcountywa.gov> Cc: Jane Montaney <jontaney@yahoo.com> Subject: Fw: Use of the Court House Lawn **EXTERNAL EMAIL** This email originated from outside Grant County's network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Barbara, I am so sorry I sent this earlier, but I had the wrong email address for some reason, so I am trying to send this out again. Sorry, I am not on my computer, so I am forwarding the previous email I sent. Please let me know you received this and if you need me to send you anything else. Thank you, Heather Wilson Yahoo Mail: Search, Organize, Conquer