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HomeMy WebLinkAbout2020 Rodeo Posse ContractKittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 y Kittitas County, Washington Kittitas Valley Event Center _ K}^ as vn��er- License for Use of Resources (Facilities, Equipment and Services) rI PART I Pagel of 8 This is a License to Use agreement between Kittitas County, Kittitas Valley Event Center (herein after referred to as "KVEC") and the party named on line I.B.1 (herein after referred to as "Licensee"). In consideration of the mutual covenants and agreements stated in Part I and Part II of this document and all attachments hereto, the parties agree as follows: I.A. LICENSE TO USE KVEC RESOURCES KVEC hereby grants to Licensee, and Licensee hereby accepts, a license to use KVEC resources for the purpose of holding a conference and/or event, as described in I.B.B. I.B. CONFERENCE / EVENT INFORMATION 1. NAME OF CONTRACTING PARTY (Licensee): Ellensburg Rodeo Posse 2. PRINCIPLE ADDRESS: 13685 Vantage Hwy, Ellensburg, WA 98926 3. AUTHORIZED REPRESENTATIVE FOR LICENSEE: Richard Mulder, Ellensburg Rodeo Posse 4. CONFERENCE / EVENT PROMOTED NAME: Posse Events 5. EVENT OCCUPANCY: Rodeo Arena Set up time Event time 4/7/2020 6:00:00 PM Tue, Apr 7 2020, 6:00 PM - 10:00 PM 4/14/2020 6:00:00 PM Tue, Apr 14 2020, 6:00 PM - 10:00 PM 4/21/2020 6:00:00 PM Tue, Apr 212020, 6:00 PM - 10:00 PM 4/28/2020 6:00:00 PM Tue, Apr 28 2020,6:00 PM - 10:00 PM 5/5/2020 6:00:00 PM Tue, May 5 2020, 6:00 PM - 10:00 PM 5/12/2020 6:00:00 PM Tue, May 12 2020, 6:00 PM - 10:00 PM 5/19/2020 6:00:00 PM Tue, May 19 2020, 6:00 PM - 10:00 PM 5/26/2020 6:00:00 PM Tue, May 26 2020, 6:00 PM - 10:00 PM 6/2/2020 6:00:00 PM Tue, Jun 2 2020, 6:00 PM - 10:00 PM 6/7/2020 7:00:00 AM Sun, Jun 7 2020, 8:00 AM - 9:00 PM 6/9/2020 6:00:00 PM Tue, Jun 9 2020, 6:00 PM - 10:00 PM 6/16/2020 6:00:00 PM Tue, Jun 16 2020, 6:00 PM - 10:00 PM 6/23/2020 6:00:00 PM Tue, Jun 23 2020, 6:00 PM - 10:00 PM 6/28/2020 7:00:00 AM Sun, Jun 28 2020, 8:00 AM - 9:00 PM 6/30/2020 6:00:00 PM Tue, Jun 30 2020, 6:00 PM - 10:00 PM 7/7/2020 6:00:00 PM Tue, Jul 7 2020, 6:00 PM - 10:00 PM 7/14/2020 6:00:00 PM Tue, Jul 14 2020, 6:00 PM - 10:00 PM 7/21/2020 6:00:00 PM Tue, Jul 212020, 6:00 PM - 10:00 PM ORIGINAL 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Set up time Event time 7/28/2020 6:00:00 PM Tue, Jul 28 2020, 6:00 PM - 10:00 PM 8/4/2020 6:00:00 PM Tue, Aug 4 2020, 6:00 PM - 10:00 PM 8/11/2020 6:00:00 PM Tue, Aug 112020, 6:00 PM - 10:00 PM 8/15/2020 7:00:00 AM Sat, Aug 15 2020, 8:00 AM - 9:00 PM 8/18/2020 6:00:00 PM Tue, Aug 18 2020, 6:00 PM - 10:00 PM 9/8/2020 6:00:00 PM Tue, Sep 8 2020, 6:00 PM - 10:00 PM 9/15/2020 6:00:00 PM Tue, Sep 15 2020, 6:00 PM - 10:00 PM 9/22/2020 6:00:00 PM Tue, Sep 22 2020, 6:00 PM - 10:00 PM 6. AUXILIARY DATES: 7. GROUP SIZE: 25 8. EVENT ACTIVITY/PURPOSE: Posse Activities I.C. SERVICES AND FEES Page 2 of 8 1. 1. Licensee acknowledges that this agreement is subject to the Group Size, as stated in I.13.7., and the Event Activities, as stated in I.B.B. In as much as the total license fee and the purpose of the use of such facilities are based, in part, upon attendance and activity, KVEC may, at its option, renegotiate the terms of this contract if the actual number of attendees or the activity is inconsistent with the Group Size, as stated in I.13.7., or the Event Activity, as stated in I.B.B., or both. 2. FACILITIES AND AMENITIES: Item Rate Qty Total Rodeo Arena 7113.00 1.00 7113.00 Sales tax 0.00 0.00 0.00 3. ADDITIONAL SERVICES/LABOR: Value of this contract: $7113.00 In lieu ofpa_.yment in the amount of Posse agrees to provide assistance setup and takedown before and after parades, grand entries, and rodeos, Rodeo during the 2020 season (April Fee breakdown is as follows: 23 Posse Practice rides (4Hrs Each) 3 full day events (Posse Youth Show $1800.00. $7113.00 to the KVEC, the Ellensburg Rodeo with Patriot Night Activities (including event), carry provided KVEC flag in and during the Kittitas County Fair and to September). at $57.75 = $5313.00 and Jr. Rodeo) at $600.00 per day = Dates are subject to change, based on arena condition and availability. 4. FEES: • a. Commercial Activities/Admission: A Commercial Activity is defined as any event where spectators are charged an admission fee to the contracted event. For Commercial Activities, total Facilities Use fees will be based on the minimum facility fees listed in I.C.2 or 20% of gross admission sales, whichever if greater. Proof of admission sales must be arranged with the KVEC office. • b. Concessions/Commercial Vendors: Licensee will be charged a flat license fee of $30.00 per day/vendor for all outside Vendors. Licensee/Vendor is responsible for removing all trash and grease, and provide own bladder for gray water. An additional $100.00 will be charged to Licensee if trash, gray water, and grease are not cleaned up and removed. Licensee is responsible to furnish temporary special event business licenses to commercial vendors through the City of Ellensburg, or collect a copy of current City of Ellensburg business license. A map of outside vendor locations, including licensee booth, must be provided to KVEC staff no less than ten (10) business days prior to contracted event. 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 3 of 8 Fee Exception: When school youth groups, or active 4-H clubs staff a booth and all proceeds go entirely to that organization the daily license fee is waived. KVEC staff will make the final decision whether a group is qualified. Youth Groups must contact the KVEC office and sign contract. Event Business License requirements still apply. c. RV Hook-ups and Dry Camping: KVEC offers RV hookup spaces and vehicle camping or "dry" (no utilities used) tent camping. Areas on the grounds will be designated as "hook up" or "dry" camping areas, and all vehicles occupying spaces within those areas will be charged accordingly. One designated camping coordinator must be responsible for registering and collecting all fees from campers. KVEC will provide an appropriate log sheet(s). A copy of the completed log sheet must be provided to the KVEC office at the conclusion of the event (within 3 days). Lessee will be billed for all camping. Utilities hookup to any barn, arena, building or any other non -designated area is strictly prohibited. A dump station is available in the north RV lot and is available to licensee's patrons only. The RV/Dry Camping spaces may be reserved at the cost below and will be available for use starting at 10 AM the day prior to the first Event Day, as stated in I.B.5: All Rates include applicable Sales and Lodging Tax. RV hookup (seasonal, water and electricity), event group price: $31.50 per space/night Dry Camping (no water or electric) or Tent: $17.85 per space/night d. Equine Stalls: KVEC will make available non -bedded Equine and Tack Stalls for use by Licensee's attendees, if applicable to the event. Stall usage will be billed to Licensee. One designated Stall coordinator must be responsible for registering and collecting all stall fees. KVEC wil l provide an appropriate log sheet(s). A copy of the completed log sheet must be provided to the KVEC office at the conclusion of the event (within 3 days). These Stalls may be reserved at the cost below and will be available for use starting at 8 AM the day prior to the first Event Day, as stated in I.B.5: Equine Stall Fee: $15.75 per stall/day Pens: $10.50 per stall/event Tack Stall Fee: $10.50 per day 5. MINIMUM ANTICIPATED FEES: $0.00 Minimum anticipated fees are based on facilities and services listed above. Additional fees will be assessed to the extent required/utilized as set forth above. I.D. DEPOSITS, PAYMENTS, AND BILLING 1. Deposits are non-refundable and based on the Minimum Anticipated Fees (I.C.4) 2. A FIRST DEPOSIT 3. A SECOND DEPOSIT. 4. POST BILL: An invoice for the remaining amount due under this agreement will be issued within (10) business days after the close of the activity. Payment is due within thirty (30) days of the invoice date (see LD.5., Billing and Review of Bills). 5. BILLING AND REVIEW OF BILLS 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 4 of 8 a. Invoices not paid within 30 days will be charged a late payment penalty of 1.5% for every 30 days late. Accounts over 90 days past due are subject to an additional 18% collection charge and will be forwarded to a third -party collection agency. b. All deposits are non-refundable. c. Licensee may request, in writing, a review of charges within 20 days of issuance of final bill. After 20 days, charges will not be reviewed until invoice is paid in full. Requests for review must be in writing to be valid. Non -disputed charges must be paid within 20 days of invoice. 6. PAYMENT FORMS KVEC will accept Checks, Cash, Visa and MasterCard. Make checks payable to the Kittitas Valley Event Center 7. TAXES Licensee will be charged applicable Washington State Sales and Use Taxes unless a current State of Washington, Department of Revenue, Sales and Use Tax Division, Exemption Certificate and related account number is provided prior. 8. This agreement will not be valid, nor will reservations be guaranteed by KVEC, until it is signed and returned by Licensee to the Kittitas Valley Event Center, 901 E. 7th Avenue, Ellensburg, WA 98926, along with payment of the first deposit (as noted in I.D.2), but no later than 1/10/2020. 9. This agreement is not finalized until it is signed by the KVEC Director. I.E. CANCELLATION OR CHANGES MADE BY LICENSEE 1. KVEC shall claim as liquidated damages all deposits held and money owed on invoices outstanding if Licensee cancels the conference or event any time after the agreement is signed. Cancellation of this agreement or of any facilities or services must be done in writing. Failure to do so will result in Licensee being billed for the full rental or service charge. 2. Licensee agrees to pay as liquidated damages the following amounts for cancelling this agreement. In return, KVEC agrees to hold no further claims against Licensee for said cancellation. Cancellation Date Penalty Total Liability Upon Contract Acceptance 25% of Minimum Anticipated Fees I.C.4 After 3/8/2020 100% of Minimum Anticipated Fees I.C.4 $0.00 3. Multiple Event/Facility Contracts: Cancellation Fee I.E.2 applies to cancelation of entire agreement prior to first event. Cancellation of an individual event (as indicated in I.B.5) or individual facility (room, arena, courtyard, etc.) rental made less than 20 days prior to the start of that event will incur a cancelation fee equal to the sum of the facility fees per canceled event listed in I.C.2. I.F. By signature, any person executing this agreement expressly warrants that s/he is an authorized representative of Licensee, as stated in I.B.1. and assumes complete responsibility for fulfillment of all commitments agreed to herein. I have read this agreement, initialed all pages and accept all terms included in Part I, Part II, and any addendums, attachments, or schedules herein. 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 4iLr Licensee 42 Printed Name 1 c * t Title Date A+�7 • I'rtl- KVEC Director Date I Z 10zi.)zo PART II Page 5 of 8 ILA FACILITIES ACCEPTANCE/DAMAGES: Licensee accepts the licensed premises in "as is" condition without any obligation by KVEC to alter or make changes in any of its physical facilities. Licensee may at its own expense make alterations, installations, decorations and like items provided it receives the prior written approval of KVEC to do so. Licensee agrees to pay for any required or requested special and additional services, facilities, equipment, materials, technicians, etc., supplied by KVEC, at prevailing rates and conditions, at the time of each activity. A list of these rates may be obtained from the KVEC office. Licensee agrees to pay for any damage, beyond normal wear and tear, to any structure, landscaping, equipment, etc. that can be attributed to the Licensee's use, equipment, staff, or attendees. KVEC will bill all attributed damages to the Licensee and will not be responsible for collection from individuals. II.B STALL USE: KVEC's sole responsibility shall be to provide a non -bedded stall at the beginning of each occupation period, and to clean the stalls at the end of that period. Interim stall care is the responsibility of the Licensee/Individual stall users. Licensee/Individual stall users are responsible for providing rakes, shovels, wheelbarrows and other equipment. Stall counts for the purpose of billing are to be verified by representatives of both the Licensee and KVEC for billing to Licensee at the end of each occupation period. II.C. RULES AND REGULATIONS: Licensee covenants and agrees to abide by all rules and regulations established by KVEC and its authorized representatives; to provide any licenses and permits required to comply with federal, state, county and city laws, statutes, resolutions and ordinances; to incur no bills or obligations for labor, materials or otherwise for which KVEC may be or become liable; and to abide by all of KVEC's policies. II.D. INSURANCE: Licensee, on behalf of itself, its agents, partners, employees, members, and insurers, releases and forever discharges, and agrees to defend, indemnify, and save and hold harmless KVEC, Kittitas County, State of Washington, and its and their Board of Commissioners, agents, employees and all of its and their divisions and departments, by whatever name known [herein "released parties"], from any and all claims, demands, debts, losses, obligations, actions, or causes of action, of whatever nature or kind; whether relating to persons, property, business, or otherwise; which may arise from, or on account of, or be in any way related to, the premises or any portion excepted therefrom; the condition of the premises or the condition of any of its appurtenances, utilities, or facilities; the Event(s), including the termination, cancellation, or promotion thereof, as well as the set-up and tear - down for same; this license; any act or omission on the part of the released parties; any act or omission on the part of the Licensee or any of its agents, partners, employees, members, or insurers, or any participant, spectator, official or other person; and any and all matters related in any manner to the Event(s), including set-up and tear - down, or this License, even if it is alleged or established that such claim arises in whole or in part as a result of the negligence, including gross negligence, or other fault of any of the released parties referred to above, or from a defective condition, of whatever nature or kind, related in any manner to the premises, or any part of the KVEC, including water, lighting, electrical, HVAC, and sound system. The indemnity obligation stated above includes all costs of defending the released parties including but not limited to all attorneys' fees and litigation expenses. Licensee agrees to secure insurance for the respective dates, as specified in I.B.S, 1.B.6, and I.B.7., with coverage in the minimum amount noted below, unless KVEC, in its sole discretion, specifies otherwise. The KVEC, Kittitas County, State of Washington, and its and their Board of Commissioners, agents, employees and all of its and their divisions and departments, by whatever name known shall be named as additional 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 6 of 8 insured in said policy and declaration certiCcate(s). Licensee shall provide a Certificate of Insurance with Endorsement to KVEC twelve (12) days prior to each Event or said Event(s) may be subject to cancellation at KVEC's discretion and without recourse by Licensee. Licensee hereby waives any claim for damages or compensation which might arise out of such termination. This insurance will provide both general liability protection and protection for any damage by whatever person or entity to the premises. Licensee further understands, as a condition of this license, that KVEC has the right, but not the duty, to require any participant in the Event(s) to provide proof of insurance satisfactory to KVEC. In the event there is any change in such insurance, of whatever nature, KVEC will be immediately notified. Minimum Insurance Required: $1,000,000 per occurrence / $2,000,000 aggregate II.E. EXISTING SYSTEMS: KVEC will furnish built-in public address systems and sound, heat or air conditioning, and light as provided by existing equipment and fixtures in the licensed premises during activity hours only. Any additional facilities or equipment required to furnish additional electrical current or sound to meet the needs of Licensee will be paid for by Licensee, provided, however, that none shall be installed unless agreed to by KVEC in advance. No unauthorized hookups to any utilities shall be allowed on premises without approval of KVEC. II.F. PARKING: Designated parking for each event will be assigned by KVEC administration. Traffic control and RV/Camping verification is the sole responsibility of the licensee. If due preparation and care is not exercised by Licensee, KVEC reserves the right to provide needed personnel, at the expense of the Licensee, to meet KVEC expectations of traffic and public safety needs. In all instances fire lanes shall be kept open and parking shall not obstruct fire hydrants or fire stations. II.G. MUSICAL ENTERTAINMENT: Licensees who fall under the definition of Commercial Activity and provide musical entertainment, other than professional entertainment, must provide KVEC a copy of ASCAP, BMI, and/or SESAC permits. II.H. UNUSABLE FACILITIES: In case the licensed premises shall become unusable because of fire or other unavoidable casualty, this Contract shall terminate. If such termination occurs before the license begins, KVEC will refund to Licensee any deposit heretofore paid by Licensee after deducting from such deposit any expenses incurred to that time by KVEC in connection with this Contract. In the event such termination occurs during the term of this license, Licensee will pay to KVEC a prorate portion of the consideration plus any expenses incurred by KVEC to that time in connection with this Contract; and KVEC will refund any part of the consideration already paid by the Licensee which exceeds such amount. In the event of such termination, Licensee hereby waives any claim for damages or compensation which might arise out of such termination. II.I. DEMOLITION, RECONSTRUCTION: KVEC reserves the right, notwithstanding any clause in a Facility License Agreement, and without penalty, to cancel that agreement if KVEC wishes to develop or renovate any portion of the facilities. Notification of cancellation shall be in writing and shall be timely. In the event that a Facilities Lease Agreement is cancelled for this reason, Licensee shall not forfeit any deposit received to secure the use of a space or facility. II.J. TICKETS: If Licensee's use of the licensed premises involves an event for which tickets are sold to the public, then the event will be defined as a Commercial Activity and subject to the Commercial Use license fee of 20 percent of ticket sales. The manner of purchasing, selling and accounting for such tickets shall be set forth by KVEC, unless otherwise agreed to herein above. 501 Non -profits are exempt from the Commercial Use License Fee. II.K. PROMOTION AND ADVERTISING: KVEC shall have no responsibility, of whatever nature or kind, to promote or advertise in any manner whatsoever the Event(s). Neither Licensee nor any of its agents or employees shall, in any promotion or advertisement for the Event or otherwise, in any way state, suggest, or imply that KVEC or any of its employees, agents, or departments, is in any way affiliated with the Event(s). This restriction shall not prohibit statements which indicate merely where the event is to be held. All advertisements or promotions whether in visual or audible form that include the facility name shall use "Kittitas Valley Event Center". II.L. PERSONNEL: It shall be the responsibility of Licensee to provide all personnel needed during the term, except that KVEC has the right to provide personnel for designated positions. Licensee agrees to pay for any services, facilities, equipment, materials, technicians, security, electricians, or other persons, services, or items provided by KVEC in order to properly operate the premises. Such shall be paid for at the prevailing rates at the time of the activity(s) or as otherwise specified herein and shall, where appropriate, include overtime pay. If KVEC determines that all or any of the personnel or other items listed herein are needed to operate the premises, such determination shall be conclusive as between the parties, and Licensee, and its agents and employees, shall in no way interfere with the personnel designated by KVEC. Nothing herein shall be deemed to render KVEC responsible for the Event(s). In addition to all other personnel Licensee desires to have present, it shall specifically be the 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 7 of 8 responsibility of Licensee to ensure that adequate emergency medical personnel is present at all times during the Event(s). Seven (7) days prior to the beginning of the term, Licensee shall inform KVEC of the emergency medical personnel it is to supply. Prior to the Event(s), KVEC shall notify Licensee of the personnel to be supplied by KVEC. Nothing herein shall be construed to create an employer/employee relationship or partnership between KVEC and Licensee or any other person or entity mentioned hereunder and no such other person or entity shall have any claim, of whatever nature or kind, for any benefits of whatever nature or kind against KVEC. Licensee will at all times maintain workers compensation insurance on all its employees. II.M. EVENT MONITORING: KVEC reserves the right of entry onto the licensed premises for the purpose of monitoring compliance with all stated policies and conditions of the license agreement. Further, KVEC reserves the right of entry to perform repairs or improvements providing that the entry shall not unreasonably interfere with Licensee's operation of their event. KVEC reserves the right to determine a condition of emergency and to act accordingly. • If event is runs later than 11:OOPM, licensee must hire a bonded security agency to supply security within the premises for the duration of Licensee's event. A copy of the signed security agency contract must be returned to KVEC office no less than two weeks prior to the scheduled event. II.N. ALCOHOL: Licensee is responsible for complying with all laws of the State of Washington and the City of Ellensburg concerning the consumption of alcoholic beverages on public property. • Licensee must apply for a Washington State Liquor Control Board Banquet Permit. Applications are available on line at the Washington State Liquor Control Board website. • Proof of approved Washington State Liquor Control Board Banquet Permit OR WSLCB Special Occasion License must be submitted to KVEC no less than two weeks prior to the scheduled event. • If alcohol is being served, licensee must hire a bonded security agency to supply security within the premises for the duration of Licensee's event. A copy of the signed security agency contract must be returned to KVEC office no less than two weeks prior to the scheduled event. II.O. INCIDENT REPORTING: KVEC management is to be notified immediately of any incident that occurs during the event. Please report all injuries or accidents to persons, property, violence, theft, fire, or hazardous conditions of any kind. II.P. ASSIGNMENT: No portion of this license, or any rights or responsibilities thereunder, may be assigned or delegated by Licensee without the prior written approval of KVEC. Licensee has no right to sublet any portion of the premises without the prior written approval of KVEC. II.Q. DISCRIMINATION: Licensee, in its use of the premises, shall in no way discriminate in any manner on the basis of sex, race, national origin, sexual orientation, religion, age, disability, or otherwise, and shall abide by all applicable state, federal, and local laws governing same. II.R. AMENDMENTS AND REVISION: This Contract cannot be amended, modified, supplemented, or rescinded except in writing signed by KVEC and Licensee. No waiver of any provision of this Contract shall be valid unless such waiver is in writing and signed by KVEC. II.S. BINDING: This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. II.T. ENFORCEMENT: The failure by KVEC to enforce at any time any of the provisions of this License Agreement, or any rights with respect thereto, or to exercise any election herein provided shall in no way be considered to be a waiver of any such provisions, rights, or elections, or in any manner affect the validity of this License Agreement, and shall not preclude KVEC from availing itself of such at any time. II.U. VENUE AND CHOICE OF LAW: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. II.V. ADA COMPLIANCE: Licensee will establish and implement policies and procedures, take all needed steps, and provide all necessary personnel to ensure that the Activity(s) are accessible to individuals with disabilities as required by law. This will include, but not be limited to, informing individuals with disabilities of accessible areas in and features of the premises. II.W. ACTIVITIES AND ADVERTISING: The Licensee shall keep all activities and advertising matters within the space designated and shall place no advertising on the outside of the permanent buildings without the KVEC's 1/10/2020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 8 of 8 permission. All advertisement that includes KVEC as the location must announce or list the facility location as "Kittitas Valley Event Center", unless express written permission is obtained from KVEC. This License Agreement constitutes the entire understanding and agreement among the parties hereto with respect to the subject matter hereof and contains all of the agreements among the parties with respect to the subject matter and supersedes and replaces all agreements, both oral and written. There are no other arrangements, understandings, restrictions, representations, or warranties among the parties hereto. Kittitas Valley Event Center 901 E 7th Street, Suite 1, Ellensburg, WA 98926 509-962-7639 or 1-800-426-5340 Fax 509-962-7010 www.kittitasvalleyeventcenter.com Email: eventcenter@co.kittitas.wa.us 1/10/2020