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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: BOCC REQUEST SUBMITTED BY: CEMANELL CONTACT PERSON ATTENDING ROUNDTABLE: CEMANELL CONFIDENTIAL INFORMATION: DYES ® NO onrE:6/30/2026 PHONE:2931 kvig = KIINI LU MIMI W-392M DAgreement / Contract DAP 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 SUGGESTED V R IN FOR AGENDA h f What Wh n T 1i 2026 Agreement regarding Use of County Property for Public Purpose with the American Legion Auxiliary, Art Semro Unit 28 for their National Day of Service and Remembrance (previously: Patriot Day Ceremony) event to be held on September_ 11, 2026. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? Fm-1 YES ❑ NO ❑ N/A DATE OF ACTION: 7 'y 2p APPROVE: DENIED ABSTAIN D1: A R17,> D2: D3: V DEFERRED OR CONTINUED TO: WITHDRAWN: 4/2 3/24 2026 AGREEMENT REGARDING USE K26-112 OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose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, a Washington non-profit corporation, for their National Day of Service and Remembrance (previously: 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, the AMERICAN LEGION AUXILIARY, ART SEMRO UNIT 28 is a non-profit corporation, duly organized and existing under the laws of the state of Washington; WHEREAS, the AMERICAN LEGION AUXILIARY, ART SEMRO UNIT 28 desires to utilize COUNTY property, limited to the closure of the front steps, use of the front lawn and Parking Lot A. for their National Day of Service and Remembrance event; 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. 11. 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, limited to the closure of the front steps, use of the front lawn and Parking Lot A, for the limited purpose of the National Day of Service and Remembrance event, to be held on Friday, September 11, 2026, from 4:30 p.m. to 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 Agreement Regarding Use of County Property for Public Purpose — Page I of 4 American Legion Auxiliary, Art Semro Unit 28 2026 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE 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 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. AMERICAN LEGION AUXILIARY, ART SEMRO UNIT 28 shall procure and maintain in force, without cost or expense to COUNTY, 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.. COUNTY 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 COUNTY. AMERICAN LEGION AUXILIARY, ART SEMRO UNIT 28 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 1, 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 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 joint 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. Agreement Regarding Use of County Property for Public Purpose — Page 2 of 4 American Legion Auxiliary, Art Semro Unit 28 `\ y 2026 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE 9. This Agreement contains the -entire agreement of the parties bereto and supersedes all of Agreement RegardingUse of County Propel for Public Purpose —Page 'ale of America. Le9lon Auxiliary, Art Se ra Unit 28 2026 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE APPROVED this _day of I-- , 2026. V Br-I OARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Kevin R. Burgess, Chair Ro e ice-Ch it Cindy CaRer,—Member ATTE &it'iin E. Manell, Clerk of the Board pproved as to form Date: Trevor Bevier, Civil Deputy Prosecuting Attorney Agreement Regarding Use of County Property for Public Purpose — Page 4 of 4 American Legion Auxiliary, Art Semro Unit 28 June 16, 2026 Grand County Commissioners PO Box 37 Ephrata, WA 98823 C/O Caitlin Manell cemanell(a,grantcountvwa.gov RE: Permission for use of Courthouse steps, lawn, and small area of parking lot Dear Commissioners; This letter is to request the use of the Grant County Courthouse front steps, lawn, and power on September 11, 2026, for the purpose ofholding a ceremonyfor National Day of Service and Remembrance. The ceremony will begin at 5:30pm and conclude about 6:30pm. Allowing for people remaining a while after the ceremony and 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 11 th as "Patriot Day". Then Apri118, 2009, by Public Law 111-13, Congress requested the observance of September 11 th 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 11 th for many years at the Grant County Courthouse and would like to continue that tradition. I will b e reaching out to groups who've been involved in the p ast: Grant County Sheriff's Office, Ephrata Police, Fire Department, 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 expand those involved/honored to include those First Responders from Soap Lake, Quincy, and County. Hopefully, I will have spoken to everyone by close of business on July 31 St to discuss plans. Based on those conversations, an outline of the plans for our event on Sept 11, 2026, shouldbeready to be sent out to all involved no later than August 1 St Unfortunately, we will not be able to have any of the banners of the fallen like we've had the last few years. The Washington Fallen Hero Banner Project has a long time commitment in the Spokane area, and this year the calendar just happens to put us in conflict. 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 courthouse (divided about equally on either side of center walk) for the participants and some of the elderly and disabled members of the audience. The p Ian includes for the Fire Dep artment to p lace one of their trucks in the p arking 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 will NOT come on the lawn. We also hope one of the Commissioners will be able to be a part of 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 which will honor all the men and women of our emergency services and military who served and are 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 Courthouse property as outlined. I understand we are to instruct the insurance comp any to send the Certificate to you via email —commissionersggrantcountywa.gov. Please contact me with any questions or concerns you may have. Yours In Service, For God and Country, Heather Wilson Heather Wilson, 9-11 Ceremonial Event Chairman American Legion Auxiliary, Art Semro Unit 28 171 E Street SE Ephrata, WA 98823 heather denver7gyahoo.com 208-350-9142 jm