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HomeMy WebLinkAboutMason County Youth Baseball Association - Contract MEMORANDUM OF UNDERSTANDING Between Mason County Youth Baseball Association and Mason County 1. 1 PARTIES This agreement is entered into between Mason County Youth Baseball Association (MCYBA)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 with Mason County to provide MCYBA space at Mason County Recreation Area(MCRA)Park to store equipment and miscellaneous baseball related supplies. The defined space includes the last 2 bays attached to the Mason County Recreational Area(MCRA)shop,equivalent to 12'x24'area in each. 1.3 DESCRIPTION OF PROJECT The PARTIES agreed that the project objective is to work together to provide MCYBA storage space for baseball related supplies and equipment. 1. 4 TERM The term of this agreement shall be from January 1,2025,to December 31,2027,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 storage space at the maintenance compound of MCRA Park limited to the last two (2)bays attached to the MCRA shop,equal to 12'24'each in size. • Provide the MCYBA with access to the storage units from 7:00 a.m,to 3:00 p.m.Monday through Friday and on weekends when staff are present. IG'Ay • Will report any problems with the storage area to MCYBA. • Will provide a set of keys to MCYBA for the storage areas they will be utilizing. • Will provide power service to the storage unit if needed. 1. 6 RESPONSIBILITIES OF THE MCYBA MCYBA will provide and support all of the following: • Will provide the COUNTY with a point of contact for the MCYBA. • Will pay $1,658.88 as their annual storage fee at the end of their baseball season. • 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. • MCYBA shall defend, indemnify and hold the COUNTY, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. • MCYBA will be responsible for all maintenance and care of their two(2)assigned units. • MCYBA shall be responsible for all MCYBA owned contents within the two (2) assigned units. Securing any insurance for all MCYBA owned contents of the two (2) assigned units is optional and will be the responsibility of MCYBA. 1.7 INSURANCE At its own expense, MCYBA shall obtain and keep in force during the term or this Agreement and will provide the COUNTY with evidence of Commercial General Liability insurance using ISO policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent, 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. If the coverage is written as a claims made policy,then upon termination of contract, MCYBA must provide evidence for the purchase of an extended reporting period or"tail" coverage for a one-year period. MCYBA agrees to endorse third party liability coverage required herein to include as additional insureds for claims arising out of or in connection with MCYBA's use and occupation of the premise: COUNTY, its officers, officials, employees, volunteers and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004 with respect to performance of services and shall contain no special limitations in the scope of protection afforded to the COUNTY as an additional insured. MCYBA Commercial General Liability insurance shall be primary and non-contributory with respect to any insurance or self-insurance programs covering the COUNTY, its officers, officials, employees, volunteers and agents. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the COUNTY, its officers,officials,employees,volunteers 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 MCYBA shall maintain all required policies in force from the time services commence until services are completed. Proof of compliance with these insurance requirements, consisting of certificates of insurance and endorsements shall be submitted to the Mason County Risk Manager prior to the execution of this Agreement. Required certificates to insurance and endorsements expiring before completion of the Contract shall be promptly replaced. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in the State of Washington and with a minimum A.M. Best rating of A- :VII. Written notice of cancellation or change shall be mailed to Mason County Risk Management at 411 North 5th 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 day of 2025. Approved as to form: Tim Whitehead,Chief Deputy Prosecutor Mason County,Parks& Trails Mark ary, County Administrator M son County Youth BasehallAssociation r