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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail.0 K22-261 Contract Documents 430-2722 Amended November 2022 AMENDED BOAT USE PERMIT This Agreement made this 281 day of November, 2022 is by and between Public Utility District No. 2 of Grant County, Washington ("District"),, Grant County Sheriffs Office ("GCSO"),, and Kittitas County Sheriff's Office ("KCSO"). RECITALS: Whereas, GCSO and KCSO desire to use the District's watercrafts, located at the Wanapum Maintenance Center and at Priest Rapids Dam, for search and rescue and patrol of the Priest Rapids and Wanapum Reservoirs. Whereas, GCSO and KCSO desire to use District trucks available at each location to tow the watercraft as necessary for the above described use. Whereas, the District is willing to permit GCSO and KCSO to use the watercraft and trucks subject to the conditions stated herein. Whereas, GCSO and KCSO are authorized to provide police protection and search and rescue services in Grant County, Washington; and Kittitas County, Washington. Whereas, the District, the GCSO and KCSO desire to enter into an agreement to promote public safety and welfare. Now, therefore, in consideration for the mutual covenants herein, the parties agree as follows: USE PERMIT 1. Incorporation of Recitals The foregoing recitals are incorporated into this Agreement. 2. Use The District shall retain the right to use the watercraft and trucks for whatever reason and whenever it deems necessary or desirable. When the watercraft and trucks are not in use or required for use by the District, the GCSO and KCSO shall have the night to use the same in accordance with this Agreement. GCSO and KCSO shall use the watercraft and trucks in a reasonable manner and comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations relating to the use of the watercraft and trucks. 3. 'Personnel GCSO and KCSO personnel who use the District's watercraft and trucks shall be trained in all facets of boating and law enforcement. The District will not be responsible in any manner for the training of GCSO and KCSO personnel or any of their acts or omissions. None of the GCSO and KCSO personnel shall be considered employees or agents of the District. Page 1 of 8 Contract Documents 430-2722 Amended November 2022 4. Use at Sole Risk to GCSO and KCSO GCSO and KCSO shall use the District's watercraft, trucks, or other equipment pment at GCSO and KCSUs sole risk and expense. In the event the watercraft, trucks, or other equipment are damaged or destroyed while under control of GCSO or KCSO, its officers, agents, or employees through their negligence, GCSO and/or KCSO shall pay for the cost of making repairs to the same or pay the fair market value of the same, in the event the same is destroyed. The District retains all obligation for normal maintenance and operation costs of the watercraft, trucks and other equipment. GCSO and KCSO shall not be responsible for any physical loss or damage resulting directly from lack of maintenance on borrowed watercraft, trucks, or other equipment. S. Location and Access A. The District will provide access badges to GCSO and KCSO personnel on request which will give access to all gates and doors relevant to this agreement. B. During all hours GCSO and KCSO personnel responding to an emergency are requested to contact the corresponding Control Room. - Wanapum Control Room by calling 509-754- 5007 or Priest Rapids Control Room by calling 509-754-5006. During business hours a watercraft may be prepared by District staff for use prior to arrival. C. The entrance to the Wanapum, Maintenance Center is closed and secured at all times. When responding to an emergency, non -badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain entry to the Maintenance Center Yard. D. The entrance to Priest Rapids Maintenance Yard is closed and secured at all times. When responding to an emergency, non -badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain entry to the Priest Rapids Yard. E. The watercraft, trucks, or other equipment will be available inside the Maintenance Center Yard of the corresponding dam. F. When the watercraft, trucks, or other equipment are no longer needed, they shall be returned to the location from which they were obtained. 6. No Warranties The District disclaims all warranties, express or implied, and all representations concerning the watercraffs, truck's, or other equipment's fitness for GCSO and KCSO intended use. 7. Indemnification GCSO and KCSO shall defend, indemnify, and hold harmless, the District and its officers, agents or employees, against claims and liability for damages of any nature, including death, whether to property or person, including but not limited to, GCSO and KCSO employees, directly or indirectly, Page 2 of 8 Contract Documents 430-2722 Amended November 2022 rising from or out of the use of the District's watercraft, trucks, or other equipment by GCSO or KCSO, its agents, employees, or volunteers. In case any suit or other proceeding shall be brought against the District, or any and all officers, agents, servants, or employees at any time on account or by reason of any negligence of GCSO or KCSO or any of its officers, agents, employees, or volunteers, GCS® and KCSO agree to assume the defense thereof and to defend the same at GCSO and/or KCSO's own expense and to pay any and all costs, charges, attorneys fees, and other expenses, and any and all judgments that may he incurred by, or obtained against, the District, or any and all of its other proceedings, in the case of any judgement or other lien by places upon, or obtained against, the District's property, GCSO and/or KCSO shall at once cause the same to be dissolved and discharged by giving bond or otherwise. The District, GCSO, and KCSO hereby acknowledge this indemnity was mutually negotiated and agreed to by all parties. 8. Insurance A. Prior to the commencement of any work under this Agreement, and at all times during the term of this Agreement, GCSO and KCSO, shall each obtain and maintain continuously, at its own expense, a policy, or policies of insurance with insurance companies rated A - VII or better by A. M. Best or A by S&P, as enumerated below. Any deductible, self- insured retention or coverage via captive $25K or above must be disclosed and is subject to approval by the District's Risk Manager. The cost of any claim payments falling within the deductible or self-insured retention shall be the responsibility of GCSO and KCSO, as applicable, and not recoverable under any part of this Contract. Required Insurance 1. General Liability Insurance: Commercial general liability insurance, covering all operations by or on behalf of GCSO and KCSO, as applicable, against claims for bodily injury (including death) and property damage (including loss of use). Such insurance shall provide coverage for: a. Premises and Operations; b. Products and Completed Operations; c. Contractual Liability; d. Personal Injury Liability (with deletion of the exclusion for liability assumed under Contract); with the following minimum limits: e. $1,000,000 Each Occurrence f. $1,000,000 Personal Injury Liability g. $2,000,000 General Aggregate (per project) h. $2,000,000 Products and Completed Operations Aggregate Page 3 of 8 Contract Documents 430-2722 Amended November 2022 Commercial general liability insurance will include the District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. 2. workers' Compensation and Stop Gap Employers Liability: when applicable, Workers' Compensation Insurance as required by law for all employees. Employer's Liability Insurance, including Occupational Disease coverage, in the amount of $1,000,000 for Each Accident, Each EmIlloyee, and Policy Limit. Employer's Liability may be procured as an endorsement to the commercial general liability via the Stop Gap Coverage endorsement. GCSO and KCSO, expressly agree to comply with all provisions of the workers' Compensation Laws of the states or countries where the work is being performed, including the provisions of Title 51 of the Revised Code of Washington for all work occurring in the State of Washington. If there is an exposure of injury or illness under the U.S. Longshore and Harbor Workers (USL&H) Act, Jones Act, or under U.S. laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. Such coverage shall include USL&H and/or Maritime Employer's Liability (MEL). 3. Automobile ]Liability Insurance: Automobile Liability insurance against claims of bodily injury (including death) and property damage (including loss of use) covering all owned (if any), rented, leased, non -owned, and hired vehicles used in the performance of the work, with a minimum limit of $1,000,040 per accident for bodily injury, property damage, or death combined and containing appropriate uninsured motorist and No -Fault insurance provision, where applicable. Automobile liability insurance will include the District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. 4. Excess Insurance: Excess (or Umbrella) Liability insurance with a minimum limit of $5,000,000 per occurrence and in the aggregate. This insurance shall provide coverage in excess of the underlying primary liability limits, terms, and conditions for each category of liability insurance in the foregoing subsections 1, 2 (Employer's Liability only) and 3. If this insurance is written on a claims -made policy form, then the policy shall be endorsed to include an automatic extended reporting period of at least five years or the statute of repose. Umbrella/Excess liability insurance will include the ]District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. 5. watercraft Insurance: Watercraft liability insurance with a minimum limit of $5,000,000 per occurrence for bodily injury and property damage if the performance of the work requires the use of any watercraft that is owned, leased, rented, or chartered by GCSO or KCSO, as applicable, or any of its Subcontractors. Such insurance shall also include coverage for property damage liability, tower's liability, marine contractual liability, wreck/debris removal, and liability for seepage, containment, and cleanup. Page 4 of 8 Contract Documents 430-2722 Amended November 2022 Watercraft liability insurance will include the District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. If GCSO or KCSO shall hire Subcontractor for all operations and risk involving watercraft exposure, this requirement may be satisfied by Subcontractor's policies. GCSO and KCSO, as applicable, shall impute the insurance requirements stated in this section to Subcontractor by written contract or written agreement. Any except -ions must be mutually agreed in writing with the District. B. Evidence of Insurance - Prior to performing any services, and within 10 days after receipt of the Contract Award, then annually thereafter, GCSO► and KCSO shall file with the District a Certificate of Insurance showing the Insuring Companies, policy numbers, effective dates, limits of liability and deductibles with copies of the endorsements or policy documents where policy terms required under Section A are met. Failure of the District to demand such certificate or other evidence of compliance with these insurance requirements or failure of the District to identify a deficiency from the provided evidence shall not be construed as a waiver of GCSO's or KCSO's obligation to maintain such insurance. Acceptance by the District of any certificate or other evidence of compliance does not constitute approval or agreement by the District that the insurance requirements have been met or that the policies shown in the certificates or other evidence are in compliance with the requirements. The District shall have the right but not the obligation of prohibiting GCSO, KCSO, or subcontractor from entering the project site until such certificates or other evidence of insurance has been provided in full compliance with these requirements. If GCSO or KCSO fail to maintain insurance as set forth above, the District may purchase such insurance at GCSO's or KCSO's expense. GCSO's or KCSO's failure to maintain the required insurance may result in termination of this Contract at the District's option. C. Subcontractors — GCSO and KCSO shall ensure that each subcontractor meets the applicable insurance requirements and specifications of this Agreement. All coverage for subcontractors shall be subject to all the requirements stated herein and applicable to their profession. GCSO and KCSO shall furnish the District with copies of certificates of insurance evidencing coverage for each subcontractor upon request. D. Cancellation of Insurance — GCSO and KCSO shall not cause any insurance policy to be canceled or permit any policy to lapse. Insurance companies, to the extent commercially available, or GCSO, or KCSO shall provide 30 days advance written notice to the District for cancellation or any material change in coverage or condition, except 10 days advance written notice for cancellation due to non-payment of premium. Should GCSO or KCSO receive any notice of cancellation or notice of nonrenewal from its insurer(s), GCSO and KCSO shall provide immediate notice to the District no later than two days following receipt of such notice from the insurer. Notice to the District shall be delivered by facsimile or email. Page 5 of 8 Contract Documents 430-2722 Amended November 2022 9. Duration and Termination This Agreement shall remain in full force and effect until November 30, 2027 or until terminated by any party upon 10 days prior written notice. Upon termination, GCSO and KCSO shall remove any and all of its materials from the District's watercraft, and/or trucks. 10. Joint Operation The administration of this Agreement shall be conducted by one person from GCSO, KCSO and the District. 11. Appli le Law — venue This Agreement shall be governed by and interpreted according to the laws of the State of 10 Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall be in the Superior Court of Grant County, Washington. 12. Ownership The watercraft, trucks, or other equipment are, and shall at all times be and remain, the sole and exclusive property of the District; and the GCSO and KCSO shall have no right, title, or interest therein or thereto. 13. Assigment GCSO and/or KCSO may not assign this Agreement in whole or in part, voluntarily or by operation of law. 14. Complete A reement This Agreement constitutes the entire and integrated Agreement of the parties, supersedes all other related agreements pertaining to boat and watercraft use, and may not be modified except in writing signed by all parties. 15. Authority Each of the undersigned represents that he or she has the authority to execute this Agreement. 16. Aut�har'1„'t,,,� This Amended Boat Use Permit supersedes the June 16, 2014, Amended Boat Use Permit. Page 6 of 8 Contract Documents 430-2722 , Amended November 2022 IN WITNESS WHEREOF, GCSO, KCSO, and the District have executed this Agreement each by its proper respective officers and officials thereunto duly authorized the day and year first above written. Public Utility District No. 2 of Gra ounty, Washington I By:m Name: Fallon Long Title: Senior Manager, Internal Services Date: I @ - C5 _eLp I Board of County Commissioners Grant County Sheriff's Office Grant County, Washington By: j By: Name: Danny Stone Nam d/- Joseph Kriete Title: Commissioner, Chairman Title: Grant County Sheriff Date: Date: By: Name: Rob Jones Title: Commissioner, Vice -Chairman Date: By: VU Name: Cindy Carter Title: Commissioner, Member Date: (�' �i7 %l/ 7 of 8