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HomeMy WebLinkAboutSkookum Rotary Club - Contract MC Co"WaC� -* 23-Co Equipment Use Agreement This agreement by and between Mason County 411 North 5th Street,Shelton WA 98584 Equipment owner's name Equipment owner's complete address ("Equipment Owner"), and Skookum Rotary ("User"), User's name User's complete address will take effect on the 5th day of October 2023 and will continue for a period of 1 week-ends October 12,2023 Day Month Year Time period WHEREAS,Equipment Owner owns certain personal property described as bleachers at MCRA County Park Description of equipment ("Equipment"), and which is normally used for seating at MCRA Park , and Type of use WHEREAS, User desires to use the Equipment for the purpose of seating at Oysterfest , and Purpose of use WHEREAS,Equipment Owner has agreed to allow User to use the Equipment provided that the following terms and conditions are met. It is Therefore Agreed By and Between the Parties: 1. Equipment Owner agrees to let User use the above described Equipment only for the above described purpose on October 5-12,2023 Carl Olson,427-9670 ext 726 is the contact person for Equipment Owner and Describe times and days of usage Equipment Owner contact person Jerry Obendorf,360-463-6386 is the contact person for User to coordinate the details of usage. Name of User's contact person 2. In consideration for the benefit of using the Equipment, User agrees to abide by all the terms and conditions of use described in this agreement. User further agrees that the lending of the Equipment is for the User's sole benefit. 3. User agrees not to use the Equipment for any unlawful purposes,and will obey all laws,rules,and regulations of all governmental authorities while using the Equipment. User also agrees to use the Equipment in a careful and proper manner. 4. User shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear. 5. Insurance Requirements. User will maintain the insurance coverages shown below. Liability Insurance. User promises and warrants that it carries liability insurance with a minimum liability occurrence limit of$1,000,000. The User will provide a certificate of insurance to the Equipment Owner at least seven days prior to the date upon which the User begins to use the above described Equipment. The certificate of insurance will indicate that User has made Equipment Owner an"additional insured" on User's policy with respect to the use of the Equipment. Property Insurance. User promises and warrants that User will keep the equipment insured against all risks of loss or damage from every cause whatsoever for full replacement value of the Equipment and name Equipment Owner as a loss payee. 6. User agrees to hold harmless,indemnify and defend equipment owner (including equipment owner's agents,employees, and representatives) from any and all liability for injury or damage including,but not limited to,bodily injury,personal injury, emotional injury,property damage,or financial damage,which may result from any person using the equipment while the equipment is in the care of user, regardless of whether such injury or damage results from the negligence of the equipment owner (including equipment owner's agents, employees and representatives) or otherwise. 7. Equipment Owner,being neither the manufacturer,nor a supplier,nor a dealer in the equipment,makes no warranties, express or implied,as to any matter whatsoever, including,without limitation, the condition of the equipment, its merchantability, its design, its capacity,its performance,its material,its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws,rules,specifications, or contracts which provide for specific apparatus or special methods. User accepts the equipment"AS IS." 8. User agrees that if the equipment fails to perform after acceptance by User it will be the responsibility of User to repair and correct the problem. User further agrees that Equipment Owner will not be responsible for any failure of equipment for any reason. 9. This agreement may be canceled unilaterally by either party with 14 days written notice to the other party. In the event that Equipment Owner must cancel this agreement,User will be entitled to any deposit User has paid. However,in no event will Equipment Owner be liable to User for any lost profits or incidental,indirect, special,or consequential damages arising out of User's inability to use the Equipment, even if Equipment Owner has been advised of the possibility of such damages. Dated this day of e m b r Da Month Year User Signer's Name Signer's Name J ae Mar County Administrator e Position with Equipment Owner(title) Position with User(title) v A�Ro® CERTIFICATE OF LIABILITY INSURANCE DAT %MMIDD�Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROLDEIC THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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 endorsements. PRODUCER CONTACT NAME: Toni Hanes Arthur J.Gallagher Risk Management Services, Inc. PHONE 1-833-3ROTARY FAX 2850 Golf Road A/c o•6 0.285 062 Rolling Meadows IL 60008 EMAIL .rotary@ajg.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Westchester Surplus Lines Insurance Company 10172 INSURED INSURER B All Activ US Rota Clubs&Districts INSURERC: S Iq e ��UVL eye, INSURERD: ATTN: Risk Management Dept. 1560 Sherman Ave. INSURERE: Evanston, IL 60201-3698 1 INSURERF: COVERAGES CERTIFICATE NUMBER:899307648 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDIYYYY MMIDD�YY LIMITS A X COMMERCIAL GENERAL LIABILITY G73578917 002 7/1/2023 7/1/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR Y DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP(Any one person) $ X Liquor Liability Included PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PRO JECT ❑LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY G73578917 002 7/1/2023 7/1/2024 Ea aBINEDt SINGLE $2,000,000 ciden ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY L AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION IPER OTH- AND EMPLOYERS'LIABILITY Y/N ISTATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NOT APPLICABLE OFFICERIMEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The Certificate Holder is included as an additional insured where required by written contract or permit subject to the terms and conditions of the general liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION r V l as Um Co V ti � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE / THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Y\ b O AUTHORIZED REP ESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD