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HomeMy WebLinkAboutAgreements/Contracts - FairgroundsK20-030 The Grant County Fairgrounds Personal and Professional Seri ices Agreement This agement is entered into this 3rd day of February 2020 by and hetuL-en The Grant Count%y F�airprounds and I Inruh Manap�.em nt and Consulting., I J C doing husinesc as Omp,�on Beverage Ser. iccs. AKtw,ti�,re, is rc tw n the trt�rs heretu_yu fotbwk; In consideration of the mutual cuvcnant., condition., agreement'., and stipulation'. cuntained in this -.-rcement, the Parties agree a'. follow•'.: KlrltlN The brant County Fair grants ()rcgou Beverage Services for the trim specified in section S in the Service Agreement. the exclusive" right turd privilege to conduct all alcoholic he mige concessions and services at the Grant County Fairground., The "Cooccssion Rwincss." 'Sperial privilege will be Oven during the month of August to the Rodeo Association to continue their pre-eaistinsr event. It. FACILITIFIS 'ihe space Shorted to Oregon Bry crape Service'., for the operation of the Curccteion Business. shalt con'.isr of be%crapr concession locations at tltc facility as agreed to by the Grant County i air�Tounds. Irl, OPERA'noNs OF BUSINESS A. It is agreed that concessiuns twisinrss shall be operated in the name of Orc`gun Beverage Set•vices, and not in the name of the Grant Courtly Cairrmnunds or Fair. B. Oregon Beverage Services shall not alloA the Premises. or any pan of such Premises. to he used for any pouputr other than tht Concession Business. or to become vacant during any periods that (rq'on RevMgc Service'. i'. required to conduct the Concession Dusincss, or permit the Premises to be used, in whole or in part, by arty other firm. corporation, or other cntily without the c(esent of the Grant County Fairfmunds. C. Oregon Beverap r Services shill be open for business during the times the Fairgrounds is open to the public, and at events as mutually agreed upon by Oregon Beverage Scnricft and Grant County Fairgrounds. 1). The Grant County Fa4rrounds and Oregon Renu gc Serb ices w ill ague on all issues related to menu items. Prices. portions and the like, Acceptance aril repeat clientele arc important mid shall be factors considered when establishing menu items and pricing. L Oregon Beverage Services agrees to supply the client a statement of revenue or u>a;c, using mututalh agreed upon accounting methods.. within 24 hours after the cmnplction of any facilih went. F. Orcgon Bevcrap;cs Services apices that at all tunes herein mentioned it shall operate the Concession Fiustn¢cs in accordance with the applicable law" and industry standards. G, Oregon Beverage Services will acquire and maintain a Sports, and Entertainment License front the Wa hington State Liquor and Cannabis Board. IL Orcgort Beverage Services will be responsible for. and payment of. all alcohol related security and alcohol monitor services. IV. FINANCIAL ARRANGGMFIJ'I'S A. As consideration (begun Heveragc Cervica agree" to pay the Grant County Fairl rnxmds the f'olluwing on }t oss sales- (Guaranteed Percentage Per F've' $0 - $100.()(x) -1 WO S100.001 - S150.000 35% $150.001 - M.U()0 40%, S200.001 - S25U.(x)0 45% (her S250.000 50% ' Gr(cc Sale" to be calculated after all slate and local taxes have been paid V. JTRIM The term of this A,rreement shall hegira on the date "et forth above asci shall be itz eftcct fur a three (3) year term. At the end of that period there would be an opliun rix another two (2) year tens. I'M, completion cif each contract. the parties could rcr► otiate any porion of the contras:_ Vt. MFRCHANDISF PURcljASFS Oregon Beverage Services Shall make all purchases of tiro(, bevcrrm. watcrials for tree or sale by nrcgon Beverage Services. in its own name and paid promptlyd. b}' them. (;caret County 1 air c,un� sha!l not he liable or traponsiblc, in ;ire way. for ani dchrs comtracted by Ort-gon Beverage Scrviees. ()regon Beverage Sen'ices agrees and understands that honoring urant County pairgrotrnd's ,,ju sombip rctatitxzships may involve nal purchasing or selling certain specific itrttts or prcatiucta. Oregon t3rrvcrage SMitrs agrfes, ac directed by (irattt Counly Fairgrounds, to abide by these rclarionships except As prohibited h) law. V11. E4iPI.oYCI:C A. Any cmplorecs employed by (hrgotr ueycrage Scrsices to %%url: on the Prrmi"e" shall he accc-ptahlr to Grattt County I-airgmuzxN. B• All employees of Ore•"on Bevcrare Services shall conform to the rules and regulations curtcntly established or in force, of which ma% be established reasonably in die conduct of (;rata County I airgrottrids. C Grant County Fairgrounds shall have (lie right to require the rc-moval froth the Premises any employee of Otvgon Bc%eramc Scn'iCes whose conduct shall he unsatisfacto n to Gram County Fairgrounds. D , fhrgon Reserage Sorvices sltull employ and provide for the condi :t of the Concession Business for the events, as many eortcessfons workers as determines! by Orcgom Iteveragc Services. All such emplOces shall be interviewed, trained and scheduled by Oregon Reverage Seniccs. Grant County Fairgrounds shall have the right to require the t rmitation ofany of such employees whtr.,c performance or conduct is Unsatisfactory. Oregon Beverage Services and Grant Camp Fairground., shall comply with all Federal. State and local laws and regulations. now in force or which any guvemmnenlal authority may enact. (hcgan Beverage Services agrees to maintain a staff of cmpluyees. as determined by Oregon Beverage Santee, to he sufficient to conduct the operation ofthe Prcmnises in an efficient manner. Vill. (I.AIMS Claims for damages rising out of the operation of Crrgnrn Reveroge Srn ices busitness that are cwercd by insurance shall be fwsdled by fkrgun Beverage Services and Oregon Revenge Services shall exercise due diligence in affecting statement of sash claims. IX. I .IC ENSF DurirI6 the term of this AgrcemenL Oregon Reveravc Services. shall be required to maintain 2% var year amurtd Washington State Liquor License and alcohol server licenses for all servers, as well m any required I leafth L)cpirunent Permits. Said licenses shall be of a nature that will allow them to operate the type of ntiy itie., comrocicd to be MId at the Fair, msunds facility_ X. INSURANCE A• Cattractor shall prOctac and maintain insurance of the following kinds and minimum limit,: A. Wurkmcn's C'ompeteation Ituumnce as prescribed M the laws nfthe State of %ashingtom and shall maintain Wortcts Compensation insurance in accordance with IIIc State of Washington Labor Code thr all employees agents, and volunteers eligible for such coverage under the Industrial Insurance Act. b. Comprehensive General Liabilin and liquor Liability with total limits of two million dnllars (52.00O.(XW)) Contnsctur will cam,an umbrella of two million dollar (S2.Oo pOo) ahon'e its regular policy. 1. Oregon Bevcnge Scrim shill provide Grant Counn Fairgmi ds, prior to cmering the Premise. CCrtiflCatCS of Insurance with respect to the n pes of insurance limits enumerated above .. Tan (10) dayi notice must he given to Gear ('ounty Fairgrounds by Oregon Beverage Services insuraree providers) of any eancellatiort of iaarrance and any cane lation of coverage my become the sol" justification of the immediate termination of this Agreement by Grant County Fain;rounds. Insurance will include coverage fur Additional Iruur"ds: Grant County Faifgooflds, It's Officers, Agents, Employees, and the Rvard of County Cummimivracm as respects to the work pertormed by the insured. Xl. rAX1:S AND FF:FS Oregon Beverage %Crviccs shill obtain all licenses as neCeasary to run the professional concession business. Any and all taxes. fees. and assessments, including, but not limited to, license fees, foes fur pcnnits. sales yr use taxes, personal property axes, or any u her truces that may he levied or ass"sseyl es the assets, btnjes Ca or capial of oregun Reveragc Services with rcspccl to the Concession Rtrsinccs, oil Oregon BeverageSeryices rss, or on the merchandise carried by Oregon Re' mgt Services for the taw income from the Concession Busirt in the Concession Rusineas by and duly conuituted local. city, county, stale. or federal. or other gvsennnental authority. shal I be burnt and paid for Oregon leverage Services. X11. Wf1111IAL INDF.MNIFICAIION Oregon Rewerage Services w ill at all limes indcannif% and defend the Grant Count Fairgrounds agairtvt and hold hatmlem tilt (iranCal rnntty 1 airgrounds from allactinic claims, dcmarals. Iiabililies, uW damages that may in any manner he imposed on or incurred by the Grant County Fairgrounds as a cnrtseyucnce of. or arising out of: a. Am' act. defaull or omission on the part of (regun Reverage Services or any of is ofFccm entplvvres, or agent's or: b. Any infringement by Oregon Beverage Services, its oRicero, emplvyecc or agents. of any trademark. copyright patent all in connection with the operation ofthe Premises and Business, The Grant Cnentt Fairgrounds will at all times indcmrtifx and defend Oregon licvcn4,c Services against, and hold Ckcgon Bcvcrage Scnices harmless from all actions, claims, demands. liahilitics. and dwatages that max in any manner be imposed nn or incurred by Oregon Rev Crag" Sen ices as a consequence oL n, arising 0111 of. a. Any act. default or omission on the pan of (iranll County Fairgruunds its office", e1111310)ecs, or agents: Any infringement by Grant County fairgrounds, its office". employ ccs, or agents. or any trademark, enPy'right patent. all in connection with the operation of the Premises and Business. XIII. NOPARTNCRSIIIP It is undcmood and agreed flat nothing contained in this Agreement shall he considered as in any way Constituting a ptMership between Client and Contractor. XIV. GOVERNING LAW: FNrOR('F.MENI' It is agreed that this Agreement shall he gnvOrned ht', construed, and cnt'nrcW in accordance with. the laws of the State of Washington- In the event that legal counsel is employed to enforce this Agreement of any provision hereof. the prcvailing part) shall be entitled to recover from the uthLr pan all ofthe prevailing party's costs and expenses relating thereto, including, without limitation, reasonable attorney's fees. XV. LNTIRLAGRFEMLKr 'Ibis AgtctmcnL and all Appendices attached hetero. constitutes the entire agrctiment hctween the patties and any prior undcfstanding or representation of any kind shall not he binding upon either putt' except to the extent incorporated in this Agreement. XVI. MOUIFICA170N OF AGRFFMLNT Am modification of this Agreement or additional ohligation assumed hv' either pam in connection with this Agreement shill he binding nnly if the evidence in writing are signed by each part. or an authorimd rcprewntativc ofeach parry. In WIINFS$ WHFREOF. each pany to this Agleement las caused it to be executed on the date set forth below. t /xtirant urn) a r}mw Oregon Reverai c Set,iccs Cindy ('aver ('artoll Unnth. ('nmmissioner lOzte owner i Date 0rcgon Beverage Services /g0 PO. Box I234 S ern. Oregon 973118 Tom Taylor Vice Chair /faun- Richard Stevens, Member ilxitc Gram (bunk F'ahgrounds 395; Airway rh NL Musec Lake. 1V3shingttn 9883' plraw o£n and rerwn on »pr and k- f, rhe nrh•r cops :Inr oYwr rccvw h