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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: BOCC REQUEST SUBMITTED BY: CEMANELL CONTACT PERSON ATTENDING ROUNDTABLE: CEMANELL CONFIDENTIAL INFORMATION: ❑YES ® NO DATE: 9/4/2025 PHONE: 293 1 1:4 9 k 2� 0=16- ---- ---- - --- HE . ALL r APPLY) ®Agreement / Contract DAP Vouchers ❑Appointment / Reappointment DARPA 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 FR "_ "! 9 �jlbu � �Mc_ - - 71-010 E 0 � TQ'� W - I E, 0 E9 �_ E10-1, Agreement regarding Use of County Property for Public Purpose to allow the Autism Support Group of Grant County to utilize county property for their event, the Autism Awareness Walk taking place on September 20, 2025 from 7:00 a.m. to 4:00 p.m. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO Fm_1 N/A If necessary, was this document reviewed by legal? 0 YES s ❑ NO ❑ N/A :)7a, kfti441, DATE OF ACTION: 7r'4G'2 5" DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D 1: `, D2- ILI D3: WITHDRAWN: 4/23/24 2025 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose ("Agreement")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 AUTISM SUPPORT GROUP OF GRANT COUNTY, a Non -Profit Organization, for their Autism Awareness Walk 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, the AUTISM SUPPORT GROUP OF GRANT COUNTY is a Non -Profit Organization; WHEREAS, the AUTISM SUPPORT GROUP OF GRANT COUNTY desires to utilize COUNTY property, limited to the courthouse front lawn, Parking Lot A, under Courthouse stairs for power for PA System, and power source on the north side by parking lot for shirt vendor, for their event, the Autism Awareness Walk; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow the AUTISM SUPPORT GROUP OF GRANT COUNTY 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 the AUTISM SUPPORT GROUP OF GRANT COUNTY to use the demised premises, limited to the courthouse front lawn, Parking Lot A, under Courthouse stairs for power for PA System, and power source on the north side by parking lot for shirt vendor, for the limited purpose of the Annual Autism Awareness Walk event, to be held on Saturday, September 20, 2025, to be set up at 7:00 a.m., and cleaned up by 4:00 p.m. 2. AUTISM SUPPORT GROUP OF GRANT COUNTY 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, AUTISM SUPPORT GROUP OF GRANT COUNTY shall keep such demised premises free from debris and preserve a standard of cleanliness as established by the COUNTY. 3. AUTISM SUPPORT GROUP OF GRANT COUNTY 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 2025 Agreement Regarding Use of County Property Autism Support Group of Grant County property arising out of or in connection with the use and/or occupancy of the demised premises by AUTISM SUPPORT GROUP OF GRANT COUNTY its agents, servants, employees or invitees and/or AUTISM SUPPORT GROUP OF GRANT COUNTY'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, AUTISM SUPPORT GROUP OF GRANT COUNTY 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. a. 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 AUTISM SUPPORT GROUP OF GRANT COUNTY 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 the AUTISM SUPPORT GROUP OF GRANT COUNTY 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. a. This Agreement may be amended only by written instrument executed by both parties, or their lawful successors and assigns subsequent to the date hereof. Page 2 of 3 2025 Agreement Regarding Use of County Property Autism Support Group of Grant County 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. SIGNED this v� day of) � �'�1,', 2025. By. AUTISM SUPPORT ROUP OF GRANT COUNTY Approved as to form: , 2025. Chief Civil Deputy Prosecuting Attorney APPROVED thisJ2 day of 2025. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Cindy Cai§er, Vice -Chair Kevin Burgess, Mirmber EST: Barbara J. Vasquez, Clerk df the Board Page 3 of 3 Dear County Commissioners, July 25, 2025 I am writing on behalf of the Autism Support Group of Grant County. We are asking permission again this year to use County property for our Autism Awareness Walk on September 15, 2025. The Autism Support Group has been serving Grant County families/caregivers for over 20 years. We support teachers who want to attend Autism trainings. We give a yearly scholarship to a graduating senior who is on the autism spectrum. We also help maintain the Autism Ribbon Site on Beezley Hill. In addition to our monthly meetings, we offer an emotional support group led by experienced parents of children with Autism. We have, in the past year, offered a gym day, sensory friendly movies at Fairchild Cinema and a pizza night at ChicoI s for our Autism families. This year we are adding a pool party at Splash Zone. The purpose of the Autism Awareness Walk and Community Awareness Day is to bring families and other community members together to make connections with other families and providers who support our mission. This year we are hoping have permission to use the parking spaces in your parking lot near the voting drop off box (we would need only the row of parking spaces on the east side of that lot). We would like to place our 2 food trucks in that location instead of on Division Street, so that we are able to use Division Street to showcase our first responder vehicles. We realize that this arrangement would require County cars to use only the parking spaces nearer the building over the weekend. If this arrangement is not possible, then we would like to request the use of he County power outlets on Division Street location for our food trucks as we have done in the past. We would also like to have access to power under the Courthouse stairs for our PA system and the power source on the north side near the voting box for our shirt vendor. Additionally we would like to use the lawn area in front of the courthouse. Tables and chairs would be set up on the south side of the front lawn for participants to sit down to eat food provided by our food vendors. Resource Vendors who provide services to our Autism families will be set up on the north side of the lawn. No vehicles will be allowed on the lawn. The stairs will be cordoned off to prevent children playing on them. As we did last year we would like to have a canopy rented from IBB party rentals out of Moses Lake to cover the lawn area above the tables/chairs. This is a trusted company that we have used for several years to supply our bounce houses and table/chairs. IBB will be responsible for set up and take down of the canopy. I have been in contact with Kevin from maintenance and he has told me that this would be a feasible plan as long as he marks off sprinkler lines ahead of time. We have received permission from the City of Ephrata to place two porta potties in the parking space in front of your two small storage sheds on the south side of the Courthouse (this is where we placed them last year). We would need to place cones around those two parking spaces on Thursday (September 13) after the workday to avoid people parking there during the workday on Friday when the porta potties will be delivered. We would be setting up at 7:00 am Saturday, September 15 and be finished cleaning up by 4:00 pm. The porta potties would be removed during the day on the following Monday. RECEIVED JUL 2 5 2025 GRANT COUNTY COMMISSIONERS Thank you for considering our request, Kathy Hamlett, Co -director 509-760-6240 Donna Nelson, Co -director 208-596-1436 ed hamlett@yahoo.com grantcountyautism@gmaii.com