HomeMy WebLinkAboutPeninsula Trails Coalition - 072318 9011 Tv,17. .9-„.3. 1(
JEFFERSON COUNTY
SPECIAL FACILITIES USE AGREEMENT
THIS SPE IAL FACILITIES USE AGREEMENT(this"Agreement") is entered into on the .23'
day of , 2018 (the"Effective Date")by and between Jefferson County, a political
subdivision o the State of Washington("the County"),and Peninsula Trails Coalition.("Licensee").
ARTICLE I
LICENSE TO USE FACILITIES
Section 1.01 License. The County owns and operates and lawfully controls access to and use of the
property/facilities described in Section 1.03 ("Facilities"), and Licensee desires to use the Facilities on the
date(s)and time(s)listed for the purpose(s)listed below. The County hereby grants to Licensee a limited
license to use those portions of the Facilities necessary for the purposes described below available to the
Licensee under the terms set forth in this Agreement,and in consideration for permission to access and
use the Facilities,the Licensee hereby agrees fully comply with all the terms and conditions of this
Agreement.
Section 1.02 Dates and Times.
Date(s)and Time(s)are: 7:00am on August 3rd,2018 to 3:00pm on August 5,2018.
Section 1.03 Facilities
The Facilities are: (1)Memorial Field, Port Townsend, Washington, including the constructed athletic
field with sprinkler and electrical systems, surrounding land,buildings, fences,and other appurtenances;
and, (2)HJ Carroll Park,3rd field area,Chimacum,Washington,but only if weather conditions may
render Memorial Field susceptible to excessive damage and unsuitable for hosting the Festival.
Section 1.04 Purpose of Use
Purpose(s)of Use is: Festival in support of Peninsula Trails Coalition. See festival plan Attachment A.
Section 1.05 Fee
The facility use fee is $450. The fee shall be paid a minimum of two weeks in advance of the event.
ARTICLE II
TERMS AND CONDITIONS OF FACILITIES USE
Section 2.01 Sales and Solicitation. Licensee will not engage in sales or solicitation for sales of goods or
services except as described in Section 1.04, "Purposes of Use".
Section 2.02 Ingress and Egress. All parts of the sidewalks, doors,passages,vestibules,hallways,
stairways,emergency exits,and any access to public utilities in the Facilities must be kept unobstructed
by the Licensee and its participants and attendees.
Section 2.03 No Modifications to Facility without Consent of the County. Licensee shall not make any
temporary or permanent modifications to the Facilities without the prior written consent of the County.
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Section 2.04 Compliance. Licensee agrees to occupy and use the Facilities in accordance with all
applicable local, state,and federal laws,regulations, and ordinances, including but not limited to fire
codes.
Section 2.05 Safety of Participants and Attendees. The Licensee is responsible for providing all
necessary and appropriate event supervision, and for implementing appropriate safety measures to protect
participants and attendees at Licensee's event/activity. In the event Licensee fails to provide the requisite
supervision and safety measures required by this Section 2.05,the County reserves the right to
immediately terminate the license to use the Facilities.
Section 2.06 Abandoned Property.Any personal property left in the Facilities shall,after a period of ten
(10)business days after the date of the use,be deemed abandoned and shall become property of the
County to be disposed of or utilized at the County's sole discretion.
Section 2.07 Promotion. Licensee may not use the County name or marks, or imply County endorsement
or support,without the express permission from an authorized County official. County expressly
authorizes the use of its name in connection with advertising the location of the event. Licensee has
permission to use Jefferson County Parks logo in promotion activities.
Section 2.08 Cancellation. Licensee acknowledges that weather conditions may render both Memorial
Field and HJ Carroll Park susceptible to excessive damage and unsuitable for hosting the Festival,and
that the County,Licensee or the Peninsula Trails Coalition may cancel the Festival,without penalty.
Section 2.09 Special Event Permit. Licensee must apply to City for Special Event Permit,and provide a
copy to Jefferson County in advance of the event.
ARTICLE III
INSURANCE,INDEMNIFICATION AND DAMAGES TO THE FACILITY
Section 3.01 Indemnification. Licensee shall indemnify,protect,defend,and hold harmless the County
and its officers, agents,employees,representatives, and assigns against any and all claims,demands,
suits, and causes of action and any and all liabilities,costs,damages, expenses, and judgments incurred in
connection therewith(including but not limited to reasonable attorney's fees and court costs),whether
arising in equity,at common law or by statute,or under the law of contracts,torts or property,relating to
or arising out of Licensee's occupancy and use of the Facilities or any material breach of this Agreement.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
Licensee's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this
indemnification.This waiver has been mutually negotiated by the parties.
Section 3.02 General Liability Insurance. Licensee, at its sole expense, shall obtain and maintain in force
and effect for the period of use under this Agreement comprehensive general liability insurance, in
amounts of not less than One Million Dollars($1,000,000)per occurrence and Five Million Dollars
($5,000,000)in the aggregate, in connection with the occupancy and use of the Facilities consistent with
the terms and conditions set forth in this Agreement.
Section 3.03 Liquor Liability Insurance. Licensee at its sole expense shall maintain in force and effect
for the period of use under this Agreement liquor liability insurance, in the amounts of not less than
$1,000,000 per occurrence and $2,000,000 in the aggregate, in connection with the sale of alcoholic
beverages during the occupancy and use of the Facilities consistent with the terms and conditions of this
Agreement.
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Section 3.04 Workers'Compensation. Licensee shall maintain workers' compensation insurance at its
own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of
coverage to Jefferson County Risk Management,upon request. Worker's compensation insurance
covering all employees with limits meeting all applicable state and federal laws. This coverage shall
include Employer's Liability with limits meeting all applicable state and federal laws. This coverage
shall extend to any subLicensee that does not have their own worker's compensation and employer's
liability insurance. Licensee expressly waives by mutual negotiation all immunity and limitations on
liability,with respect to the County, under any industrial insurance act,disability benefit act, or other
employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim.
If the County incurs any costs to enforce the provisions of this subsection,all cost and fees shall be
recoverable from Licensee.
Section 3.05 Business Auto Coverage. Licensee will provide on ISO Business Auto Coverage form CA
00 01 including owned,non-owned and hired autos,or the exact equivalent. Limits shall be no less than
$1,000,000 per accident,combined single limit. If Licensee owns no vehicles,this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If Licensee or
Licensee's employees will use personal autos in any way on this project, Licensee shall obtain evidence
of personal auto liability coverage for each such person.
Section 3.06 Requirements Applicable to Insurance Required by this Agreement Licensee will name
the County as an additional named insured on all policies and provide certificates proving same. In
addition the Licensee will provide copies of all policies to the County including all attachments, forms
and schedules. All deductibles in Licensee's insurance policies shall be assumed by and be at the sole
risk of Licensee. Failure of Licensee to take out or maintain any required insurance shall not relieve
Licensee from any liability under this Agreement,nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification of the County. Licensee's
insurers shall have no right of recovery or subrogation against the County(including its employees and
other agents and agencies), it being the intention of the parties that the insurance policies so affected shall
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance. Insurance companies issuing Licensee's insurance policy or policies shall have no recourse
against the County(including its employees and other agents and agencies)for payment of any premiums
or for assessments under any form of insurance policy. Any coverage for third party liability claims
provided to the County by a"Risk Pool"created pursuant to Ch.48.62 RCW shall be non-contributory
with respect to any insurance policy Licensee shall provide to comply with this Agreement. The County
may, upon Licensee's failure to comply with all provisions of this Agreement relating to insurance, cancel
this Agreement. Licensee's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and appointed
officers, officials,employees,and agents. Any failure to comply with reporting provisions of the
insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or
agents. Licensee's insurance 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. Licensee shall include all sub-
contractors as insured under its insurance policies or shall furnish separate certificates and endorsements
for each sub-contractors. All insurance coverage for sub-contractors shall be subject to all the
requirements stated in this Agreement. The insurance limits mandated for any insurance coverage
required by this Agreement are not intended to be an indication of exposure nor are they limitations on
indemnification. Licensee shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies,and endorsements expiring
before completion of services shall be promptly replaced. Written notice of cancellation or change in
Licensee's insurance required by this Agreement shall reference the project name and agreement number
and shall be mailed to the County at the following address: Jefferson County Risk Management, P.O.
Box 1220, Port Townsend, WA 98368.
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Section 3.07 Damage to Facilities. Licensee shall not damage the Facilities. Upon presentation of
documentation by the County,Licensee shall pay for all damages to buildings,grounds, fields,and
equipment caused by Licensee or any of its participants and attendees, not otherwise covered by the
insurance provided by Licensee, of up to$10,000.
ARTICLE IV
GENERAL TERMS
Section 4.01 Assignment.Neither party may assign any of its rights or delegate any of its obligations
hereunder without first obtaining the prior written consent of the other party hereto. This Agreement
inures to the benefit of, and is binding upon,the successors and permitted assigns of the parties hereto.
Section 4.02 Binding Effect. Subject to the provisions of this Agreement relating to transferability,this
Agreement will be binding upon and inure to the benefit of the parties and their respective successors,
heirs, legal representatives,and assigns.
Section 4.03 Entire Agreement/Amendments.This Agreement contains the entire understanding between
the parties hereto and supersedes any and all prior agreements, understandings, and arrangements between
the parties relating to the subject matter hereof.No amendment,change,modification or alteration of the
terms and conditions hereof shall be binding unless evidenced by a writing signed by the parties hereto.
Section 4.04 Execution in Counterparts. This Agreement may be executed simultaneously in one or
more counterparts,with each counterpart deemed an original,and all counterparts together constituting
one and the same instrument.
Section 4.05 Governing Law. This Agreement and the rights and obligations of the parties hereunder
shall in all respects be governed by the substantive law of the State of Washington, including all matters
of construction,validity and performance.This provision shall survive the term of this Agreement.
Section 4.06 Non-discrimination.Neither party shall discriminate against any person on the basis of sex,
race,creed,national origin,color,religious belief,age,disability, or status as a disabled veteran or
veteran of the Vietnam era in the performance of this Agreement.
Section 4.07 Notices.All notices hereunder shall be in writing and will be delivered to the other party by
any of the following methods: (1)hand delivery; (2)certified U.S. mail,return receipt requested; (3)
overnight courier; or(4)electronic mail.Notices shall be addressed to the other party as follows:
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If to Licensee:
Jeff Bohman
President
Peninsula Trails Coalition
P.O. Box 1836
Port Angeles, WA 98362
Email:jrbohman@icloud.com
If to the County:
Monte Reinders
Public Works Director
623 Sheridan Street
Port Townsend,WA 98368
mmccauley@co.jefferson.wa.us
Main: 360-385-9160
All notices will be deemed received and effective as follows: (1) if by hand-delivery, on the date of
delivery; (2) if by overnight courier, on the date receipt is confirmed by such courier; (3)if by certified
U.S. mail, on the date of receipt appearing on a return receipt card; or(4)if by electronic mail, 24 hours
after the message was sent if no"system error"or other notice of non-delivery is generated.
Section 4.08 Licensee an Independent Licensee. It is expressly acknowledged by the parties hereto that
they are independent Licensees and nothing in this Agreement is intended or shall be construed to create
an employer/employee relationship,partnership or a joint venture relationship so as to allow one party to
exercise control or direction over the manner or method by which the other party performs the services
which are the subject matter of this Agreement. Neither party is authorized or empowered to act as agent
for the other for any purpose and shall not on behalf of the other enter into any contract,warranty, or
representation as to any matter.Neither party shall be bound by the acts or conduct of the other party.
Neither party,nor any other person performing services on behalf of such party pursuant to this
Agreement, shall have any right or claim against the other party for Social Security benefits,workers'
compensation benefits, disability benefits,unemployment insurance benefits, health insurance benefits,
paid time off, or any other employee benefit.
Section 4.09 Waiver of Breach. A waiver of any breach of any provision of this Agreement shall not be
construed as a continuing waiver of said breach or a waiver of any other breaches of the same or other
provisions of this Agreement.
Section 4.10 Termination. The County may terminate this Agreement at any time in its sole discretion.
The provisions in Article IV shall survive termination.
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IN WITNESS WHEREOF,the authorized representatives of the County and Licensee have executed
this Agreement as of the date first written above.
Board of County Commissioners Approved as to form only:
Jefferson County t ashington
By:
/# O P.
David Su livan, Chair Philip C. Hunsucker, Chief
Civil Deputy Prosecuting Attorney
Peninsula Trails Coalition
By:
Its. ``
Date: 14( Jig
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Attachment A
Festival Plan
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Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director
Agenda Date: July 23, 2018
Subject: Special Facilities Use Agreement for Memorial Field
Statement of Issue:
The Peninsula Trails Coalition has requested use of Memorial Field for a festival in
support of the Peninsula Trails Coalition (PTC).
Analysis/Strategic Goals/Pro's £t Con's:
Plans for the festival have been coordinated with the PTC. Staff have determined the
festival is an appropriate use of the facility.
Fiscal Impact/Cost Benefit Analysis:
The event will generate parks and recreation fee revenue.
Recommendation:
Public Works recommends three copies of the special facilities use agreement be
signed by and returned to Public Works.
Reviewe•
I - 74s)f7
ilip Morley ' ty Administratr Date
CONTRACT REVIEW FORM
CONTRACT WITH: Peninsula Trails Coalition
(Contractor/Consultant)
CONTRACT FOR: Memorial Athletic Field Use Agreement TERM: August 3 - 5,2018
COUNTY DEPARTMENT: Public Works
For More Information Contact: Matt Tyler JUL 12 2018
Contact Phone #: (360)385-9129
RETURN TO: Chris Spall RETURN BY: July 16,°2018
(Person in Department) (Date)
AMOUNT: $450.00 fee revenue PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: 362.40.14.0000 Cooperative Purchase
Expenditure: n/a 1 Competitive Sealed Bid
Matching Funds Required: n/a _ Small Works Roster
Sources(s of Matching Funds -n/. t'' _ Vendor List Bid
• `�` _�. RFP or RFQ
s E s: Other
Step + EW BY ' `i, ' 11110
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r Review by: �� /mow Philip Morley
to Reviewed: I
APPROVE, FORM h n Returned for revisivrr( e Comments)
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ECU7I G TTORNEY
Review by: C. / Philip C.Hunsuck:r
Date Reviewed: c,//g
d APPROVED AS TO FORM ❑ Returned for revision ee Comments
Comments X Fv, /1hc- / e -'- "- i
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Step 3: (If required)DEPARTMENT MAKES REVISIONS AND RESUBMITS TO ISK MANAGEMENT A`ro
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7 copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
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(This form is to stay with the contract thr,-u!s•. .- ontract review process.)
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C:\Users\mattt\Desktop\Contract Review Form PTC Mem Fld 2018.docx rev. 5/20/2013