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HomeMy WebLinkAboutAgreements/Contracts - Fairgrounds/ Grant County Fairgrounds 3953 Airway Dr NE Moses take WA 98837-1029 (509) 765-3581 www.Scfairgi-otinds.com 1 Dated this _ day of 20 -- Rc,ard of County Commissioners Grant County, Washington Approye Disa prove Abstain Dist #1 Dist # 1 Dist # 1 Tuesday, March 17, 2020 Dist 42 Dist # 2 Dist # 2 Dist #3 Dist # 3 Dist # 3 To: Board of County Commissioners Zs -z, iat-lb r— PAO .Z;-::v,c`J PL)--3 Pfd �-�' Re: Request contract with JDB enterprises for Ice vending machine As we grow our campground usage it would be good to think of the types of amenities that the Fairgrounds provides to campers. One amenity that we can provide at no -cost to the Fairgrounds, is Ice. JDB Enterprises would like to enter into a contract with the Fairgrounds to install an ice vending machine similar to the one shown in the attachment. The machine vends ice with payment by credit card. We would not have any responsibilities for the machine at all but we would receive a commission of 50 cents per bag. This will allow campers to get ice on-site. The contract length is two years. I would like to move forward with this proposal with your permission. k you for your consideration SinJc rely, JjrYi McKiernan, Director RECEIVED MAR 18 2020 ORMNT COUNTY COVINIISSIONERS 10:30 AM Wed Feb 26 +- ^ 74% modernice.com Home / Leer Vending Merchandisers I 7C t 24 hour vending I 1DaK< Co GARTHN O. GRANT COUNTY PROSECUTING ATTORNEY Kevin J. McCrae Deputy Prosecuting Attorney March 26, 2020 TO: Grant County BOCC (509)754-2011, ext. 3996 kinccrae@grantcountywa.gov RE: Conflict of interest re ice vendor at Grant County Fairgrounds Issue: Can the county contract with a vendor for ice at the fairgrounds when the vendor's primary employment is with the county in an unrelated capacity? Assumptions and limitations of opinion: This opinion only addresses conflict of interest rules. It does not address other contracting rules or wisdom of the agreement. It also assumes that the employee's job with the County is completely divorced from the fairgrounds and the employee has no supervisory or other authority over the fairgrounds. Short answer: There would be no violation of conflict of interest laws by agreeing to this contract. Analysis: The Fairgrounds wishes to enter into a contract with a business owned by a county employee, specifically a road district supervisor, to provide ice to the campground. The road district supervisor has no authority or relationship with the fairgrounds, except they both are county entities. The chains of command do not meet ChiefDeputy until the Grant County commissioners. Edward Owens Chief Civil Deputy Kevin MccCraeCrae RCW 42.23.030 provides "No municipal officer shall be beneficially interested, Administrative Assistant directly or indirectly, in any contract which may be made by, through or under the Kaye Burns supervision of such officer, in whole or in part, or which may be made for the benefit Civil/Avvellate Deputies of his or her office, or accept, directly or indirectly, any compensation, gratuity or Kevin McCrae reward in connection with such contract from any other person beneficially interested Katharine W. Mathews therein." The definition of municipal officer is broad, and I assume a road district Criminal Deputies Edward A. Owens supervisor falls within that definition. However, with that being said, this contact is cnaa A. Jenks Peter M. Hibbard not being made under the road district, or even public works, p supervision, and does not Carlee A. Bittle benefit the road district, but rather benefits the Fairgrounds, which is an entirely Brandon K. Guernsey Caleb J. Nolta separate department whose chains of command do not meet until the County Corey Metzner Rebekah Kaylor Commissioner level. [[yy Barbara G. Duerbeck 1-1 WR 2 6 202 GRANT Cn [i^ITN ry, www.co.grant.wa.us/Prosecutor • PO Box 37 • Ephrata, WA 98823 • phone: (509) 754-2011 • fax: (509) 754-3449 BOCC March 26, 2020 Page 2 A review of the case law regarding this statute reveals no cases similar to this fact pattern, where the contracting county official's job was so divorced from the contract he intended to enter into. Given the statute on point clearly does not reach this contract I conclude that there is no conflict of interest in this agreement. Sincerely, /s Kevin J. McCrae Chief Civil Deputy Prosecuting Attorney KJM:Iah Cc: Jim McKiernan 2