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HomeMy WebLinkAbout5.781 Original Contract 5. {gIg Memorandum Of Understanding A Cooperative Agreement Concerning Maintenance Support for Olympic Discovery Trail This Memorandum is entered into by the City of Port Angeles, W A, 321 East Fifth Street, Port Angeles, W A 98362; hereby referred to as the "City", and the Peninsula Trails Coalition, a non- profit corporation, P.O. Box 1836, Port Angeles, W A 98362, hereby referred to as "PTC". Scope of this Agreement: This agreement covers completed sections of the Olympic Discovery Trail that lie within the Port Angeles City limits. Maintenance Activities: PTC agrees to organize, coordinate, and manage volunteer efforts for maintaining completed, City-owned, portions of the Olympic Discovery Trail (ODT). All volunteer efforts shall be approved in advance by and coordinated with the City. PTC shall manage the volunteer efforts in accordance with PTC Trail Maintenance Handbook, Report #01- 1.3 (the "Handbook"). PTC will have the volunteer maintenance program in place for the trail section as stated above by end of year 2006. PTC maintenance responsibilities will include vegetation control, noxious weed removal, litter removal, periodic inspection, and other approved maintenance activities that can be reasonably performed by volunteers. PTC will advise the City when conditions are found that they feel require City repair or additional maintenance efforts. The City will do all spraying of the trail surface and shoulders and perform major maintenance and repairs consistent within budget priorities and work force availability. PTC also shall coordinate and manage the Adopt-A- Trail program, subject to approval in advance by the City. PTC's duties include all administration of the program, adopter training and time reporting. PTC will provide application forms and time records for active adopters. Copies of signup and reporting documents, as defined in the Handbook, will be provided to the City's assigned contact for City filing and record retention. The City will provide on-the-job (L&I) insurance coverage for adopters. Terms and Duration of the Agreement: The term shall be indefinite. Either party may terminate this agreement by providing written notice to the other at the addresses listed above or as addresses are amended. Termination shall be effective 30 days after notice is given. 1- W aterfrontTrail.M OU - PTC. 03 2906.doc Conditions: The Peninsula Trails Coalition volunteers its services to the City of Port Angeles to perform only the services approved in advance by the City. None of the PTC group is to appear for volunteer service under the influence of any drugs or alcohol. The City will include PTC hours of volunteer services in the State Labor & Industries coverage for volunteer workers. PTC is responsible for directly supervising the activities of all the individuals in its group who will be doing volunteer work. In consideration of PTC and its members being permitted to perform services on City property, PTC agrees to defend, indemnify and hold harmless the City of Port Angeles, and its officials, employees and agents from any damage, claim or lawsuit for injury, illness, damage or other loss of any kind to anyone, including members of the PTC organization, that might arise out of the acts or omissions of any individuals of the PTC group, except for injuries or damages caused by the sole negligence of the City. PTC gives permission to have photos/video tapes taken during the volunteer activities of adults and/or minor participants, without recompense, to be used for publicity purposes. PTC shall maintain valid liability insurance, naming the City as an "additional insured," a copy of which certificate is attached hereto. Program Management: PTC will appoint a manager for the maintenance program and supervision. The name and contact information for this manager shall be provided to the assigned City contact. This Agreement is entered into this Q~ay Of~, 2006 by the parties below. Peninsula Trail Coali . City of Port Angeles: ?!J~aL?!1=itY Mmager Attest: ~~~~ -L;{Pn"- Becky J. U n, . y Clerk 'l1~o~: ~ William E. Bloor, City Attorney ;/ , - " ' '2- vV:aterfrontTrail.MOU- PTC.032906.doc ACOR/)M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDNVYY) 3/23/2006 PRODUCER FAX (641) 828-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McKay Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 106 East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POBox 151 Knoxville IA 50138 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Lexington Insurance Silent Sports Association-IMBA INSURER B Peninsula Trails Coalition INSURER C P.O. Box 1836 INSURER D Port Anaeles WA 98362 INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MMlDDNY) LIMITS A GENERAL LIABILITY 5061304 08/31/2005 10/15/2006 EACH OCCURRENCE $ 1,000,000 - ~~~~:t,~J?E~~~~~nce\ ~ OMERCIAL GENERAL LIABILITY $ 100,000 CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ Excluded f-- ~ Includes Athletic PERSONAL & ADV INJURY $ 1,000,000 - Partic1pants GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREn LIMIT A~t PER PRODUCTS - COMP/OP AGG $ 1,000,000 I PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea aCCident) $ - ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per aCCident) - - PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY $ AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~[fJNs I. 10TH- EMPLOYERS' LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes, descnbe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is an additional insured but only with respect to liability arising out of the operations of the above named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Port Angeles EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL PO Box 1150 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 321 E. 5th Street Port Angeles, WA 98362 FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ~~~ Dan McKay/MOLL Y @ACORD CORPORATION 1988 ACORD 25 (2001/08) Il.I~n.,c ("-1,..,0\ nC Alae: \/FI/lO FI/lnri"",,,.. c:.nlo,to....nc. In... fROn\':l.'J7_OJ:;At:;, 00::l"01....f? . IMPORT ANT If the certificate holder IS an ADDITIONAL INSURED, the pohcY(les) must be endorsed A statement on this certificate does not confer nghts to the certificate holder In lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the ISSUing Insurer(s), authOrized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) U, _ INS025 (0108) 01 l'll,,, Page2of2 5.7&1 g ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 10/24/2006 PRODUCER {641}842-2135 FAX: {641} 828-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE McKay Insurance Agency, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 106 East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POBox 151 Knoxville IA 50138 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Lexinaton Insurance 19437 Silent Sports Association-IMBA INSURERB National Union Fire Ins. Peninsula Trails Coalition INSURER C P.O. Box 1836 INSURER D Port Angeles WA 98362 INSURER E 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I~;: ADD'L p~.k+~~~~~68tR-'1' Pg~'fJ,~r.\;~~N h""l>n TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r--- ~~~~~~J9E~~~~~nce' ~ OMERCIAL GENERAL LIABILITY $ 100,000 A CLAIMS MADE ~ OCCUR 6992654 10/15/2006 10/15/2007 MED EXP 'An" one nerson' $ Excluded f-- X Includes Athletic PERSONAL & ADV INJURY $ 1,000,000 f-- r--- Participants GENERAL AGGREGATE $ 2,000,000 -il'L AGGREn LIMIT AnS PER PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY .m?,: LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accldenl) - - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY E $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND Il/,C STA1#;. I OJ~- RYLlMI EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes I descrtbe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ B OTHER Accident Medical SRG9106820 10/15/2006 10/15/2007 Excess $25,000 DESCRIPTION OF OPERATION5ILOCATlONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Club coverage October IS. 2006-0ctober 15. 2007, 214 members. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Peninsula Trails Coalition EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Chuck Preble 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT P.O. Box 1836 - FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Port Angeles, WA 98362 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~~ Dan McKay/MOLLY ACORD 25 (2001/08) @ACORD CORPORATION 1988 . "IC:::n?I:: U\H\O\ no AI\JlC:: f~' TM \^/nltorc> k'h....or !=.no"""'';I1 c::.,...,,,......, 0"""'0 1 nf? IMPORTANT If the certificate holder IS an ADDITIONAL INSURED, the policY(les) must be endorsed A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the ISSUing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatIvely or negallvely amend, extend or alter the coverage afforded by the poliCies listed thereon. ACORD 25 (2001/08) INS025 (0108) 08 AMS Page 2 of 2