HomeMy WebLinkAboutBoat Use Permit - Amended November 2022 - partially executedContract Documents 430-2722
Amended November 2022
AMENDED BOAT USE PERMIT
This Agreement made this 28' 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 Sheriffs 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. IncoWration 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 deans 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 right 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.
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.
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4. Use at Sole Risk to GCSO and KCSO
GCSO and KCSO shall use the District's watercraft, trucks, or other equipment at GCSO and
KCSO's 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.
5. 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. - Wampum 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
watercraft's, 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,
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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, GCSO 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 commies 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.
or
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 Waits:
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
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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 Employee, 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 $1,000,000 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, terns, 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.
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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
exceptions 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.
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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. Applicable Law— Venue
This Agreement shall be governed by and interpreted according to the laws of the State of
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. Ownershin
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. Assignment
GCSO and/or KCSO may not assign this Agreement in whole or in part, voluntarily or by operation
of law.
14. Complete Agement
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. Authority
This Amended Boat Use Permit supersedes the June 16, 2014, Amended Boat Use Permit.
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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 GranTfounty, Washington
By:
Name: Fallon Long
Title: Senior Manager, Internal Services
Date: I Q - S -2p 22
Board of County Commissioners Grant County Sheriff's Office
Grant County, Washington
By: ABy.
Name: Danny Stone Nam • Joseph Kriete
Title: Commissioner, Chairman
Date: /--Z-2 �Ox
By:
Name: Rob Jones
Title: Commissioner, Vice -Chairman
Date: -
By:
Name: Cindy Carter
Title: Commissioner, Member
Date: 12- Z-71 Z Z
Title:
Grant County Sheriff
Date:
ATT
B
Page 7 of 8
Name: Barbara Vasquez
Title: Clerk of the Board
Date:
Approved as�to Form:
By: "Oe daz'
Name: Rebekah Ka or
Title: Deputy Prosecuting Attorney
Date:
Board of County Commissioners
Kittitas County, Washington
By:
Name: Liawa gsiadaea ebr� (A)ri q � t -
Title: Commissioner, Chairman `J
Date:
By:
Name: GQ*WdghL &e4t VJaLehsmI+4,,
Title: Commissioner, Vice -Chairman
Date:
By:
Name:-Waehsrni413- L-aw'd 06id AaCZ
Title: Commissioner, Member
Date:
Contract Documents 430-2722
Amended November 2022
Kittitas County Sheriffs Office
By:
Name: Clayton Myers
Title: Kittitas County Sheriff
Date: -41
Page 8 of 8
CERTIFICATE OF MEMBERSHIP IN THE WASHINGTON COUNTIES RISK POOL
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE JOINT SELF-INSURANCE
LIABILITY COVERAGE AFFORDED BY THE WASHINGTON COUNTIES RISK POOL
MEMBER COUNTY:
Liability Coverage Afforded by the:
Kittitas County, Washington
Washington Counties Risk Pool
Attn: Chris Homer, DPA
2558 R W Johnson Rd SW, Suite 106
205 W. 5th Ave, Suite 107
Tumwater, WA 98512-6103
Ellensburg, WA 98926-2887
Kittitas County (the "County") is a member of the Washington Counties Risk Pool (the "Pool"), as authorized by RCW 48.62.031,
and the County is covered by the Pool's Joint Self -Insurance Liability Program. The Pool's Joint Self -Insurance Liability Program
was created by interlocal cooperative agreement amongst the Pool's member counties to share risks by "jointly, self-insuring"
certain third -party liabilities. The Pool is NOT an insurance company. Claims that are covered under a Memorandum of Liability
Coverage ("MLC") from the Pool and were submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal
and quasi -municipal corporations") against the County, its employees, officers, volunteers and agents and/or actions in connection
with or incidental to the performance of an agreement/contract which the County and/or its officers, employees or volunteers are
found to be liable for will be paid by the Pool and/or the County.
MLC NUMBER:
20222023RISKPOOL-KTCO
MLC EFFECTIVE DATE:
October 1, 2022
MLC EXPIRATION DATE:
October 1, 2023
LIMITS OF LIABLITY EACH OCCURRENCE
BI AND PD COMBINED:
1$10,000,000
TYPES OF LIABILITY
COVERAGE AFFORDED: General Liability
Including: Bodily Injury
Personal Injury
Property Damage
Errors and Omissions/Professional
Advertising Injury
Automobile Liability
DESCRIPTION OF OPERATIONS/LOCATION/VEHICLE
CANCELLATION
SHOULD THE ABOVE DESCRIBED MLC BE CANCELLED
Boat Use Permit. Contract #430-2722
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUER
WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION NOR LIABILITY OF ANY KIND UPON THE
During the MLC Period 10/1/22 -10/1/23
ISSUER OR ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER:
ISSUE DATE:
January 10 2023
Public Utility District No. 2 of Grant County
Bryden Barbee, Risk Analyst