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HomeMy WebLinkAboutMason County Historical Society - Contract MC WnA-V c A� -23- 058 MEMORANDUM OF UNDERSTANDING Between Mason County Historical Society and Mason County 1.1 PARTIES This agreement is entered into between Mason County Historical Society (MCHS) and Mason County (COUNTY), which directs the Mason County Parks & Trails department (MCPT) to facilitate this agreement. 1.2 PURPOSE AND USE The PARTIES agree that the purpose of this agreement is to facilitate a cooperative relationship for Mason County to provide MCHS space at Mason County Recreation Area(MCRA)Park to store a cargo container. Mason County hereby finds that the MCHS,through its work,improves the quality of life of Mason County residents and therefore provides valued consideration. 1.3 DESCRIPTION OF PROJECT The PARTIES agreed that the project objective is to work together to provide MCHS storage space for historic artifacts or other needs. 1.4 TERM The term of this agreement shall be from January 1, 2023 to December 31, 2025 and can be extended with the written consent of both PARTIES. Either PARTY may terminate this agreement in writing forty-five (45)days prior to the proposed termination date. 1.5 RESPONSIBILITIES OF THE COUNTY The County will provide and support all of the following: • Provide space at the maintenance compound of MCRA Park for up to a 40' cargo container that will house historical artifacts or other needs. • Provide the MCHS with access to the cargo unit from 7:00 a.m. to 3:00 p.m. Monday through Friday and on weekends when staff are present. • Will report any problems with the cargo unit to MCHS. • Will provide power service to the cargo unit if needed. 1.6 RESPONSIBILITIES OF THE MCHS The MCHS will provide and support all of the following: • Will provide the COUNTY with a point of contact for the MCHS. • Will provide the COUNTY one set of keys in case of a need that arises to enter the cargo unit. • Will pay an annual fee of$10 per month or $120 per year for basic power service, if needed. If heating and cooling on an annual basis is required,the charge for power will be negotiated on the increase in monthly electric charges within reason and consideration for the time of year. • MCHS will indemnify and hold harmless MCPT for any damage or losses to the cargo unit and its contents. • MCHS will cover the costs of moving in the cargo unit and removing the cargo unit once the term has been completed. • MCHS will be responsible for all maintenance and care of the cargo unit. 1.7 INSURANCE MCHS will provide the COUNTY with evidence of Commercial General Liability insurance with limits of liability no less than $1,000,000 per occurrence and $2,000,000 annual aggregate, for bodily injury, including personal injury or death,products liability, and property damage of cargo unit and its contents. If the coverage is written as a claim made policy, then upon termination of contract, MCHS must evidence the purchase of an extended reporting period or"tail"coverage for a one-year period. The Commercial General Liability insurance shall name MCPT, its officers, officials, employees, and agents with respect to performance of services and shall contain no special limitations in the scope of protection afforded to MCPT as an additional insured. MCHS Commercial General Liability insurance shall be primary and non-contributory with respect to any insurance or self-insurance programs covering MCPT, its officers, officials, employees, and agents. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to MCPT, its officers, officials, employees, and agents. The insurance limits mandated for any insurance coverage provided by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. The MCHS shall maintain all required policies in force from time services commence until services are completed. Certificates,policies, and endorsements expiring before completion of the Contract shall be promptly replaced. The MCHS shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A. The MCHS shall furnish Mason County Risk Management with properly executed certificates of insurance or a signed policy endorsement, which shall clearly evidence all insurance required in this section prior to commencement of services. Certificates of Insurance shall show the Certificate Holder as Mason County. Written notice of cancellation or change shall be mailed to Mason County Risk Management at 411 North 5' Street, Shelton, WA 98584. 1.8 TERMINATION This agreement may be terminated by either PARTY upon giving forty-five(45)days written notice. 1.9 EFFECTIVE DATE This agreement shall be in full force and effect upon approval by the County Official signing below on behalf of the Mason County Board of County Commissioners. Dated this 2qAA, day of 52023. Approved as to form: Tim Whitehead, Chief Deputy Prosecutor Mason County,Parks &Trails Maron ary, County Administrator Maounty Historical Soc' i