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HomeMy WebLinkAbout6652 DocuSign Envelope ID:85C9FE13-409D-4102-B566-BD9CF47CD773 Secure Parking Compound & Streets Division Area Use Agreement This Agreement is made and entered into as of the date fully executed below, by and between the CITY OF BREMERTON,a Washington municipal corporation("City"). and KITSAP SEARCH AND RFSCt (-Permittee") WHEREAS, City is the owner of the Public Works and Utilities Secure Compound & Streets Division at 100 Oyster Bay Ave N, Bremerton, WA 98312 ("Property") in the City of Bremerton, Kitsap County, Washington; WHFRFAS Permittee desires to utilize the Property for K9 Search and Rescue Training and the City is willing to authorize such use; and NOW THEREFORE, in consideration of the mutual benefits to he derived by the parties hereto, it is agreed: I. INCORPORATION OF RECITALS: The foregoing recitals are incorporated herein by this reference and made a part hereof 2. USE: The City hereby authorizes Permittee the use of the Public Works and Utilities Secure Compound and Street Division Area at 100 Oyster Bay Ave N, Bremerton, WA 98312 for the purpose of the K9 Search and Rescue Training ("Use"). I he following parameters must also be met, and are included in the definition of' Use": a) Permittee's Use of the Property is limited Saturday, February 17th from 6:00am to 6:00pm. Additional dates may be agreed upon by the Public Works and Utilities Director and Permittee in writing if requested by Permittee. b) Permittee's Use of the property is limited to Secure Parking Compound and Street Divisions Areas. 3. USE CONDITIONS: Permittee, for itself and its successors and assigns, covenants as follows: a) This authorization is given only for the above stated Use. Any extension or modification of the scope of the Use must be approved in writing by the Public Works and Utilities Director. b) Permittee shall be responsible for any damage to the Property resulting from its Use. e) Permittee shall be responsible for the clean-up and removal of litter,debris,equipment, and all other items resulting from its Use. d) Permittee will inform the Public Works and Utilities Director or his designee of any damage to Property immediately. e) No alcohol or non-prescribed drug shall be consumed in the Property or during Use and no person under the influence of any such substance shall be allowed onto the Property by the Permittee. 1 Secure Parking Compound & Streets Divison Areas DocuSign Envelope ID:85C9FE13-409D-4102-B566-BD9CF47CD773 4. CONSIDERATION: In consideration for the Use.Permittee shall pay a use fee of zero dollars ($0.00). 5. TERMINATION: This Agreement shall terminate upon completion of the Use. In the event Permittee fails to observe or perform any of the covenants, conditions, or provisions of this Agreement,the Public Works and Utilities Director or his designee may immediately terminate Permittee's Use. 6. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless trom any and all claims, injuries. damages. losses or suits, including all legal costs and attorney fees, arising out of or in connection with Permittee's Use of the Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. IT IS Fl 1RTHER SPFrIFICAI Y AND EXPRFSS1 Y I INDFRSTOOD THAT TFIF INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INSURANCE: Permittee shall procure and maintain for the duration of its Use insurance against claims for injuries to persons or damage to property arising from or in connection with the Use by Permittee, its agents, representatives, employees, or subcontractors. Prior to the date of Use, Permittee shall provide to the City a Certificate of Insurance evidencing: a) 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. This above insurance limits do not affect Permittee's duty to indemnify the City in the event the limits are insufficient to cover any injury or damage that may occur in connection with the Use of the Property. Any payment of deductible or self-insured retention shall be the sole responsibility of Permittee. The City shall be named as an additional insured on the insurance policy, with respect to Permittee's Use of the Property,and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 2 Secure Parking Compound & Streets Divison Areas DocuSign Envelope ID:85C9FE13-409D-4102-B566-BD9CF47CD773 Permittee'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 respect to the limits of the insurer's liability. Permittee's insurance shall he primary and non-contributory insurance as respects the City, and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 8. MISCELLANEOUS PROVISIONS: The following provisions apply to this Agreement: a) Governing law and Venue. This Agreement shall be constructed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. c) Entire Agreement.This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, or warranties shall be of no further force or effect and are superseded by this Agreement. d) Seventbility. In the event that one or more provisions of this Agreement are determined to be invalid by a court of competent jurisdiction,the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year signed below. CITY P.F rallOttliRTON PERMITTEE BY: 1-towaS ..iiutdcui BYr. .1 2- (1 .-r-- 2 i-c--2-4.,...--------- TI-ZIA§BIZACKEY f Public Works and Utilities Director KITSAP SEARCH AND RF,SCI IF Approved as to form: riloAccuSigned by: 114-(0.40, Pala, PrE33012,0•162 KYLIE J. FINNELL, City Attorney 1 3 Secure Parking Compound & Streets Divison Areas DocuSign Envelope ID:85C9FE13-409D-4102-B566-BD9CF47CD773 ACC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/05/2024 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. 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). PRODUCER CONTACT NAME: Denise Brooks Nicholson &Associates Ins LLC PHONE �;,. (360)736-7601 FAX 1360)623-1054 118 W Pine St E-MAIL ADDRESS: deniseignichinsure.com Centralia,WA 98531 INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A: Glatfelter Insurance Group 19445 INSURED INSURER B: Kitsap County Search Dogs INSURER C: PO Box 561 INSURER D: Poulsbo,WA 98370 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00126765-41445 REVISION NUMBER: 2 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYY1 IMM/DDIYYYYI, A X COMMERCIAL GENERAL LIABILITY Y N VFNU-TR-0033086 01/01/2024 01/01/2025 EACH OCCURRENCE $ 1,000.,,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,.000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 3,000,000 X POLICY JPEQ LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident, ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE I$ AUTOS ONLY AUTOS ONLY -.iPeraccident) • A UMBRELLA LIAB X OCCUR Y N I VFNU-TR-0033086 01/01/2024 01/01/2025 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT, $ • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Bremerton,345 6th Street,Suite 100, Bremerton,WA 98337 is being listed as an additional insured while the Kitsap County Search Dogs are using their facilities for training during the 2024 policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE y, Gc J (NDB) ) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NDB on 02/05/2024 at 09:26AM