HomeMy WebLinkAboutAgreements/Contracts - Central ServicesI
PHIRATA SC 00 DIS RICT
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To.: Grant County
From: Ephrata School District
Subject: Grant County Work Release Site
February 23,, 2023
To whom it may concern:
I am writing to agree to the attached contract with Grant County to use the Work Release Site
once the following items are in working order -per the agreement with Grant County to fix them:
Walk-in freezer
Double Oven (Galibratien)
Bottom left oven attached to flat top grill
Thank you,
fY
Tim Payne, Superintendent
Everything is Operational
3/1/2023
t.gaines
Thomas Gaines
I have reviewed this
--�
document
509-754-2011 x3276
2023.03.01
14:38:00-08'00'
-K-2-3-042
AGRE EMENT TO UTILIZE COUNTY FACILITIES
This; agreement to utilize County facilities (namely the Work Release facility) (this "Agreement")
between Grant County, a governmental entity ("County") and Ephrata Public Schools District (ESD) a school
district operating in Grant County as a Public Entity, and, is dated as of the Effective Date (defined on the
signature page below). ESD and County are sometimes referred to herein individually as a "Party" and
collectively as the "Parties."
RECITALS'
A. Pursuant to the requirements of Chapter 28A,235.160 RCW, ESD is responsible for ensuring
that a school food service program is available aild adequately serving students.
E. ESD operates numerous schools including elementary, mi
1,6 County (Central Services) will provide keys, access, and coordination between ESD
and the County for the use of the building, 1.7 County will pay for all utilities except garbage which ESD will
be responsible for including coordination with vendor and maintaining this service until they are completed
with their use of the building.
10 Term and Termination. This Agreement shall commence on the Effective Date and shall
continue until terminated by either Party or the date County completes an 'inspection upon vacation by ESD of
I
the facility, If a. Party desI'res to discontinue use of the facility the Term, it shall provide not less than 14 days
i
wrtteii notice of termination to the other Party,
20 Nature of Obligations. County is facilitating the ESD's provision of services to the public
and the County shall not be responsible to ESD or any other party for any defects or problems with the
building or equipment, This is being used "As -Is". County will perform a startup and check of kitchen with
ESD to ensure everything is working as it normally should. Any defect found will be remedied at County
expense, After ESE) begins use of the facility, ESD is responsible for repairs of equipment.
3, Notices. Notices under this Agreement will be in writing and sent by overnight courier
service, postage prepaid, addressed to the Parties at their respective addresses listed on the signature page.
Either Party may change its address for all subsequent notices by giving notice to t6 other Party. Except
where otherwise expressly provided to the contrary, notice will be deemed given upon delivery or when
delivery is refused,
4s Governing Law; Venue. This Agreement is governed by the substantive laws of the state of
Washington, excluding its conflicts of law provisions. Any dispute arising under, in, connection with, or
incident to this Agreement or about its interpretation will be -resolved exclusively in Grant County,
Washington or federal courts located in Washington State. Each of the parties irrevocably submits to those
courts' venue and jurisdiction.
5.0 No Assignment. Neither party shall assign, delegate, or otherwise transfer any duties or
obligations under this Agreement without the prior written consent of the other party, Any effort to do go shall
be void and be cause for immediate tennination of this Agreement,
6. Indemnity and Hold Harmless. ESD shall defend, indemnify, and hold the County, its
officers, officials, employees, and volunteers ha less from any and all claims,injuries, damage's, losses or
suits, including attorney fees, arising out of or in connection with the perfon-nance of the contract, except for
injuries and damages caused by e sole negligence of the County. It is fmther specifically and expressly
understood that the inde=ification provided herein constitutes EST 's waiver of ilmnunity under Industrial
Insurance, title 51 RCW, solely for the purposes of indemnification. This waiver has been mutually negotiated.
by the parties. The provisions of this section shall survive the expiration of ten-nination of this contract,
7o Insurance, ESD will name Grant County as additional insured as and provide annual
certificate of coverage with Additional 'insured endorsoment prior to the beginning of the contract. ESD shall
procure and maintain for the duration of this contract, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work hereunder by
ESDits agents, representatives, employees, or subcontractors. ESD shall provide a Certification of Insurance
evidencing:
a. Automobile Liability insurance with limits no less than $11,000,000 combined single
limit per accident for bodily injury and property dAmage; and
b. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate
for personal injury, bodily injury, and property damage. Coverage Shall include but not
be limited to blanket contractual, products /competed operations; broad form property
damage; explosion, collapse and underground. (XCU) if applicable; and employer's
liability,
c. Worker's Compensation insurance at the limits established by the State of Washington.
ESD and County have executed this Agreement on the dates set forth below, to be effective as of the later of
the date s shown b Blow (the "Effective D ate'
Dated the2, 2023.
Ephrata School District
By: A2
Print Name an
To Ephrata, School Di stri et:
I 11411, Ave. NW
Ephrat,a, Washim4toll 98823
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Dated the -f(tk —of—r 2023
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Rob J ok-Q�r Ic zr
Cindy V 6a r t ex, Vice- Ch a i r
Danny S--'Q-ne, Member
AT TE",1$ T
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BaDbara o !Va3 q
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Apprs to form
<77
99
Prosec'utling Attorney
Date: 2023