045-22 - Joan Ferebee - ContractContract No. 045-22
MUNICIPAL COURT USE AGREEMENT
This Agreement is made and entered into as of the date fully executed below, by and
between the CITY OF PORT ORCHARD, a Washington municipal corporation ("City"), and
JOAN FEREBEE ("Permittee").
WHEREAS, City is the owner of certain real properties in the City of Port Orchard,
Kitsap County, Washington, commonly known as Port Orchard Municipal Court, located at 216
Prospect St, Port Orchard, Washington (hereinafter "Property"); and
WHEREAS, Permittee desires to utilize the Property on one (1) day for the purpose of
filming scenes for a short film made by Joan Ferebee, a student of Olympic College and the City
is willing to authorize such use; and
WHEREAS, Joan Ferebee will be providing insurance of up to $1,000,000 coverage in
Straight Excess Liability Coverage through Moviemsure.com on a policy issued by Zurich for
this activity, the letter confirming this arrangement is attached to this Agreement as Exhibit A;
and
WHEREAS, the Administrator of the Port Orchard Municipal Court (hereinafter
"Administrator"), at her discretion, may authorize the exclusive use of the Municipal Court on a
limited basis for special events and activities in accordance with department policies.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties
hereto, it is agreed:
1. INCORPORATION OF RECITALS: The foregoing recitals are incorporated
herein by this reference and made a part hereof.
2. USE: The City hereby authorizes Permittee the exclusive use of the Property for
the purpose of filming scenes for a short film ("Use"). The following parameters must also be
met, and are included in the definition of "Use":
(a) Permittee's Use of the Property is limited to one (1) weekday on March 111°,
2022. Additional dates may be agreed upon by the Administrator and
PernAttee in writing if requested by Permittee. The City may change the date
upon thirty (30) days written notice to Permittee. The City may change the
date upon shorter notice in case of an emergency; this change must be
reasonable and must only occur if the City needs to use the Property for an
unforeseen repair or other similar circumstance.
(b) For filming at the Port Orchard Municipal Court, the Use shall commence no
earlier than 8:00 a.m. and end no later than 4:00 p.m., including all set-up and
clean-up.
(c) The Use will be exclusive, and Permittee agrees to only use courthouse only
for Permittee's filming activity. Permittee may close off the area(s) of the
Property necessary for its Use.
Municipal Court Use Agreement - Page 1
(d) The filming at the Port Orchard Municipal Court is for courtroom scenes; no
action scenes, stunt work, or other physical activity beyond normal court
activity are allowed under this Agreement.
(e) Permittee shall allow no more than twenty-five (25) people on the Property,
including actors, staff, and any other individuals associated with Permittee's
activities.
(f) Permittee must park in spaces available for two (2) hour or four (4) hour
parking located around the Port Orchard Municipal Court. Permittee
understands the time limits and will park at their own risk.
(g) USE CONDITIONS: Permittee, for itself and its successors and assigns,
covenants as follows:
(h) This authorization is given only for the above stated Use. Any extension or
modification of the scope of the Use must be approved in writing by the
Administrator.
(i) Permittee shall maintain the Property in good condition and shall be
responsible for any damage resulting from its Use.
(j) Permittee shall be responsible for the clean-up and removal of litter, debris,
equipment, and all other items resulting from its Use.
(k) Permittee will inform the Administrator or her designee of any damage to the
Property immediately.
(1) No sale of any items shall take place on the Property.
(m)No alcohol or non -prescribed drug shall be consumed on the Property, and no
person under the influence of any such substance shall be allowed onto the
Property by Permittee.
5. TERMINATION: This Agreement shall terminate upon completion of the Use.
In the event Permittee fails to observe or perform any of the covenants, conditions, or provisions
of this Agreement, the Administrator or her designee may immediately terminate Permittee's
Use.
6. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its
officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits, including all legal costs and attorney fees, arising out of or in
connection with Permittee's Use of the Property pursuant to this Agreement, except for that
portion of the injuries and damages caused by the City's sole negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE'S WAIVER OF
Municipal Court Use Agreement - Page 1
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
7. INSURANCE: The Permittee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the use of the property hereunder by the Permittee, its agents, representatives, or
employees.
(a) Minimum Scope of Insurance. Permittee shall obtain insurance of the types
described below:
i. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The City
shall be named as an insured under the Permittee's Commercial General
Liability insurance policy with respect to the work performed for the City.
ii. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
(b) Minimum Amounts of Insurance. Permittee shall maintain Commercial
General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
(c) Other Insurance Provision. The Permittee's Commercial General Liability
insurance policies are to contain, or be endorsed to contain, that they shall be
primary insurance as respect the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the
Permittee's insurance and shall not contribute with it.
(d) Acceptability of insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-VII.
(e) Verification of Coverage. The Permittee shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Permittee before commencement of the work.
(f) Notice of Cancellation. The Permittee shall provide the City with written
notice of any policy cancellation, within two business days of their receipt of
such notice.
(g) Failure to Maintain Insurance. Failure on the part of the Permittee to maintain
the insurance as required shall constitute a material breach of contract, upon
Municipal Court Use Agreement - Page 1
which the City may, after giving five business days' notice to the Permittee to
correct the breach, immediately terminate the contract or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or
at the sole discretion of the City, offset against funds due the Permittee from
the City.
(h) No Limitation. Permittee's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Permittee to the
coverage provided by such insurance, or otherwise limit the City's recourse to
any remedy available at law or in equity.
8. MISCELLANEOUS PROVISIONS: The following provisions apply to this
Agreement:
(a) Governing law and Venue. This Agreement shall be construed and interpreted
pursuant to Washington law and any controversy or interpretation hereof shall
be by the state courts of Washington with venue in Kitsap County,
Washington.
(b) Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
(c) Entire Agreerneut. This Agreement represents the entire agreement between
the parties with respect to the subject matter hereof.. All prior negotiations,
agreements, representations, or warranties shall be of no further force or effect
and are superseded by this Agreement.
(d) Severability. In the event that one or more provisions of this Agreement are
determined to be invalid by a court of competent jurisdiction, the remainder of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
as of the day and year signed below.
CITY OF PORT ORCHARD
BY: �7
Mayor
PERMITTEE — JOAN FEREBEE
BY: —
Its: :Too-ft .) c e
DATE. 1 ZZ DATE: 3 g
Approved as to form:
C-W--56—r
City Attorney's Office DATE: _ March 8,
022
:1
OLYMPIC COLLEGE • M
OLYMPIC eou SCHOOL
October 27, 2021
To Whom It May Concern,
Olympic College student film productions are insured up to $1,000,000 in Straight Excess General
Liability coverage through Movielnsure.com with the policy issued by Zurich.
Production shoots are covered for up to 365 days of production.
If you have any questions or require a certificate of Insurance, please contact me at 360-475-7271.
Thank you,
J. Thomas Peterson
Administrative Assistant, Social Sciences and Humanities Division
Manager, Bachelor of Applied Science in Digital Filmmaking
1600 Chester Avenue I Building 4 (SSH) Room 310 1 Bremerton, WA 98337-1699
360.475.7271 (office) 1360.979.6466 (cell) I Fax 360.475.7689 1 tpeterson3@olympic.edu
OLYMPIC COLLEGE