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HomeMy WebLinkAbout90641 KC 242-20A AMENDMENT TO PENDERGAST REGIONAL PARK LICENSE AGREEMENT This Amendment (“Amendment”) to the Pendergast Regional Park License Agreement KC 242- 20 (“Agreement”) is entered into between the City of Bremerton, a Washington state municipal corporation (“City”) and the Kitsap County, a Washington State political subdivision (“County”). WHEREAS, the parties entered into the Agreement effective November 16, 2020; and WHEREAS, the parties desire to amend the Agreement to provide for community based COVID- 19 vaccination events (“Events”) at Pendergast Regional Park as provided herein. In consideration of the mutual benefits and covenants contained herein, the Agreement is amended as follows: 1.License and Conditions. This section is amended to expand and amend the use of City Property for the purpose of providing a temporary community based COVID-19 vaccination site location as identified in Attachment A (Vaccination Site), for weekly Events Monday through Saturday commencing March 22, 2021 and continue until terminated as provided in the Agreement. The time of the Events, including setup, use, and takedown, will be 8:00 am to 5:00 pm, excluding holidays and unforeseen events. 2.Ingress/Egress: Precedence will be given to park users and the County will provide traffic control ensuring that park users are able to access park facilities. 3.Bathrooms. The County will make one (1) and possibility two (2) portable restrooms available on site for use by the general public. The County will be responsible for set up and removal of the portable restrooms. 4.Power. The County will be responsible for providing a generator for power as needed for the Event. 5.Garbage. The County will be responsible for providing, and disposing of, sharps containers for the disposal of needles used during the Event. 6.Equipment, Awnings. The County will be responsible for providing all equipment and awnings necessary for providing the Event, as well as the setup and removal at the end of each day. 7.Other Provisions Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the Agreement, and any subsequent amendments, addenda, or modifications thereto, remain unchanged in full force and effect. 8.Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitution one and the same agreement. 9.Effective Date. The effective date of this Amendment is the date last executed by all parties. DocuSign Envelope ID: 2C911689-2D8A-4755-866C-A7DE2D18561B 2 10. Authorization. Each party signing below warrants to the other party that they have the full power and authority to execute this Amendment on behalf of the party for whom they sign. CITY OF BREMERTON KITSAP COUNTY By: ___________________________ By: ___________________________ Greg Wheeler, Mayor Elisabeth Klute, Director Department of Emergency Management Date: _________________________ Date: ___________________________ March 30, 2021 DocuSign Envelope ID: 2C911689-2D8A-4755-866C-A7DE2D18561B 4/12/2021 Traffic & Crowd Control Volunteer Through Vehicle Traffic ParƟcipant Vehicle One Way Traffic ATTACHMENT A Pendergast Regional Park Kitsap County Dept. of Emergency Management Community Vaccination Site STAFF, HENRY, JOHNNY CHECK‐IN VACCINATION OBSERVATION OBSERVATION DocuSign Envelope ID: 2C911689-2D8A-4755-866C-A7DE2D18561B License Agreement – Pendergast Regional Park 1 LICENSE AGREEMENT Pendergast Regional Park This LICENSE AGREEMENT (“Agreement”) made and entered into as of the 12th day of OCTOBER, 2020, by and between the City of Bremerton, a Washington municipal corporation ("City"), and Kitsap County, a Washington political subdivision ("Licensee" or “County”). WHEREAS, on March 12, 2020, the Mayor of Bremerton executed a Proclamation of Emergency relating to the COVID-19 outbreak; and WHEREAS, on March 8, 2020, the Director of the Kitsap County Department of Emergency Management issued a proclamation of emergency in response to the cases of COVID-19 identified in Kitsap County, which was adopted by resolution of the Kitsap County Board of Commissioners on March 9, 2020. WHEREAS, on February 29, 2020, the Governor of Washington State executed a Proclamation of Emergency relating to the COVID-19 outbreak, which proclamation was amended by the Governor on March 23, 2020 and again on March 24, 2020; and WHEREAS, consistent with the Governor’s proclamation 20-25, the County is working cooperatively with the public health officials to increase testing capacity and availability for everyone with COVID-19 symptoms and those with high-risk exposures consistent with the Governor’s safe start plan. WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as the Pendergast Regional Park, which includes the parking lots, located at 1199 Union Ave W, Bremerton, WA and legally described as set forth in Exhibit A, attached hereto and incorporated herein by this reference ("City Property"); and WHEREAS, the County’s Emergency Operations Center, operating pursuant to mission number 20-0265, desires to utilize one third of the City-owned parking lot adjacent to the Olympic Sports Center located in the City Property to provide a temporary community based COVID-19 testing site consistent with the Governor’s requirements to move to phase 3. WHEREAS, the Mayor finds that it is in the best interest of the public health and welfare, to temporarily authorize the use of City Property for supplying emergency services consisting of community based testing in response to the COVID-19 outbreak and to suspend regulations as authorized by the Proclamation of Emergency, including, but not limited to, relating to the procurement requirements pursuant to Chapter 2.76 BMC, the leasing of property pursuant to Chapter 2.78 BMC, and the use of City parks pursuant to Chapter 13.12 BMC, as applicable; and WHEREAS, due to the conditions resulting from this situation, the parties hereto desire to enter into this Agreement for emergency protective measures at the direction and guidance of public health officials in response to COVID-19; and DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 License Agreement – Pendergast Regional Park 2 WHEREAS, use of the City Property for the purposes identified herein will be beneficial to the health and safety of the public. NOW, THEREFORE, in consideration of the mutual benefits to be derived, it is agreed: 1.License and Conditions. City agrees to provide Licensee this non-exclusive license to utilize a portion of City Property upon the following conditions: A.Use: This license is granted to Licensee for use of a portion of City Property as described in Exhibit B, attached hereto and by this reference made a part hereof (“License Property”) for the purpose of providing a temporary community based COVID-19 testing site consistent with the Governor’s requirements to move to phase 3 under the Governor’s safe start plan. More specifically, the County will use one third of the parking lot area to locate a command van and drive through tents for a public mobile pass through testing site. The Licensee anticipates erecting and leaving tents and associated equipment (e.g. command van, portable toilets, and the like) on site 24/7 during the term of use with testing hours limited to Monday, Thursday, and Saturday testing hours 10:00 a.m. to 3:00 p.m. (daylight hours), with two hours before and after for preparations and cleanup. Licensee will be responsible for providing garbage and biohazardous waste disposal services and cleanup. In cooperation with the City, the Licensee will be responsible for routing traffic. B.Term: This license shall take effect immediately upon execution and remain in effect until terminated pursuant to Section 4 below. C.Payment: In consideration of the mutual benefits to be derived, no payment will be required for use of the License Property. D.This license is given only for the above stated purpose. Any extension or modification of the scope of use shall only be in writing. E.Licensee shall reasonably carry out the uses allowed within the License Property so as not to interfere with the City’s use and operation of the associated License Property. F.Licensee will work cooperatively with the City to provide security/staff to control access to the License Property and restrict access by unauthorized individuals. (The park is closed to the public until further notice. Only authorized DEM/FEMA personnel, City Staff, Olympic Peninsula Sports Center staff and approved individuals to be tested will be allowed access.) G.Licensee shall work cooperatively with the City to secure the License Property by locking the access gate at the end of each day’s use. H.Licensee shall maintain the License Property in good condition, shall clean any debris and litter, and shall be responsible for any property damage resulting from its DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 License Agreement – Pendergast Regional Park 3 use of the License Property. Licensee shall be responsible for its own property located, maintained, or stored on the License Property. Licensee agrees to restore License Property to its original condition upon the completion of use. I. This license is non-assignable. 2.Indemnification. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Licensee's use of the License Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 3.Insurance. Licensee shall procure and maintain for the duration of this license, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the operation of this license by Licensee, its agents, representatives, employees, contractors, or subcontractors. By the effective date of this Agreement, Licensee shall provide a Certificate of Insurance evidencing: 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/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington, and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. The City shall be named as an additional insured on the insurance policy, with respect to the operation of this license by or on behalf of Licensee, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 License Agreement – Pendergast Regional Park 4 Licensee’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 4.Termination. Either party may terminate this license at their sole discretion, for convenience or otherwise and for no consideration or damages, with 48 hours prior notice to the other party. 5.Modification. This license may not be modified, altered, or amended unless first approved in writing by the City. 6.Breach. In the event of any alleged breach or threatened breach of this Agreement by either party, and if City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the Kitsap County Superior Court, and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 7.Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 8.Entire Agreement. This Agreement contains the entire agreement between the parties and, in executing it, City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 9.Non-Waiver. Waiver of a breach of any provision hereof shall not be deemed to be a waiver of a breach of any other provision or a subsequent breach of the same provision. 10.Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: City of Bremerton Sheridan Parks Recreation Center 680 Lebo Blvd Bremerton, WA 98310 Kitsap County Elizabeth Klute, Director Emergency Management Department Kitsap County 911 East Carver Street Bremerton, WA 98312 DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 10/16/2020 EXHIBIT A Legal Description of Premises A portion of the Northeast quarter of the Southwest quarter Section 21 Township 24 North Range 1 East Willamette Meridian which is more particularly described as follows Begimang at the East quarter comer of said Section 21 thence along the EastWest centerlne of said Section 21 S 885050 W 531600 feet to the West quarter comer of said Section 21 thence S 644541 E 217001 feet to the True Point of Beginning thence S 30847 W 22887 feet thence S 860113 E 14375 feet thence N 3o5847 W 22887 feet thence N 860113 W 14375 feet to the Tree Point of Beginning Exqbit ACONCESSIONAGREEMENT 7 DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 Pendergast Park CBTS/CBVS Traffic Flow • From Union, vehicles will head west on Sinclair then north on Pendergast to park entrance • Traffic cones/signage/volunteers guide traffic entering parking area • Upon check-in, vehicles move forward to designated lane to proceed with testing • After completion of test, vehicle is guided away from site with cones/signage/volunteers Traffic Cones Signs Traffic Directional Signs Sani-Can w/wash station EZ Up Tents DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 Pendergast Regional Park Vehicle Traffic EXHIBIT B DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/13/2020 Seattle-Alliant Insurance Services,Inc. 1420 Fifth Avenue,Suite 1500 Seattle WA 98101 Conni Scott 206-204 9140 206-204-9205 Allied World Assurance Company 19489 KI798393 Safety National Casualty Corpo 15105KitsapCounty 614 Division St.MS-7 Port Orchard WA 98366 Evanston Insurance Company 35378 Hallmark Specialty Insurance C 26808 1664072102 B X 2,000,000 X 500,000 2,000,000 4,000,000 Y GL4058201 1/1/2020 1/1/2021 4,000,000 SIR $500,000 B 2,000,000 X CA6675486 1/1/2020 1/1/2021 SIR 500,000 A B C D 23,000,00003059914 XPE4058203 MPEIEV0073 19 1 77PEF1900BC 1/1/2020 1/1/2020 1/1/2020 1/1/2020 1/1/2021 1/1/2021 1/1/2021 1/1/2021 23,000,000 B XSP40621011/1/2020 1/1/2021 $1,000,000* 1,000,000 1,000,000 *Work Comp has a $500,000 SIR As respects License Agreement -Pendergast Regional Park between City of Bremerton,a Washington municipal corporation and Kitsap County,a Washington political subdivision on October 12,2020.City of Bremerton is included as Additional Insured. City of Bremerton 345 6th Street,Suite 100 Bremerton WA 98337 DocuSign Envelope ID: 1FF048C6-09E4-4431-B793-F6A4C1138AC6