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18-039.00 Skyhawks Sports Academy: Recreational Svcs AGREEMENT FOR RECREATIONAL SERVICES Skyhawks Sports Academy,Inc., Contract#18-039.00 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Skyhawks Sports Academy,Inc.hereinafter"Contractor,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Contractor shall provide all labor,services,and material to satisfactorily complete the attached in Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Contractor. Prior to commencement of work,Contractor shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee,Contractor shall commence work,perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. The City has relied upon the qualifications of Contractor in entering into this Agreement. By execution of this Agreement,Contractor represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of the City. Contractor represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all services required to complete the Scope of Services under this Agreement. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Contractor shall exercise the degree of skill and diligence normally employed a person or entity performing the same or similar services at the time such services are performed. D. Modifications. The City may modify this Agreement and order changes in the work whenever necessary or advisable. Contractor will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Contractor shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by the City. Contractor shall complete its work within by December 31,2018,unless the time for performance is extended in writing by the Parties. Agreement for Recreational Services Page 1 of 6 Either party may terminate this Agreement for material breach after providing the other party with at least 10 days'prior notice and an opportunity to cure the breach. The City may,in addition,terminate this Agreement for any reason by at least 10 days'written notice to Contractor. In the event of termination without breach,the City shall pay Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. Skyhawks Sports Academy shall pay the City an annual amount of$3,100.00 with payment due no later than September 30,2018 for all programs specified in Exhibit A.Interest on late payments shall be charged a late fee of one percent per month. 4. Payment. Contractor shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 5. The City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code, and federal or state standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Skyhawks Sports Academy Phone Number: (509)720-5000 Phone Number: (509)466-6590 Address: 10210 East Sprague Avenue Address: 9425 N.Nevada St., Ste. 210 Spokane Valley, WA 99206 Spokane, WA 99218 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Contractor warrants that its designs,construction documents, and services shall confirm to all federal, state, and local statutes and regulations. 7.Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor, and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement shall be the property of the City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The City shall be permitted to retain these documents,including reproducible camera-ready originals of reports,reproduction-quality mylars of maps,and copies in the form of computer files,for the City's use. The City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement,provided that the Contractor shall have no liability for the use of the Contractor's work product outside of the scope of its intended purpose. Agreement for Recreational Services Page 2 of 6 9.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 10. Insurance. Contractor 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 performance of the work hereunder by Contractor, its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. If use of vehicles pursuant to the Agreement is only incidental,and Contractor will not transport any persons not directly related or affiliated with Contractor,then Contractor is only required to have automobile liability insurance to meet at least minimum Washington state requirements. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. The City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. If Contractor will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2.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 Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of Contractor's insurance and shall not contribute with it. Agreement for Recreational Services Page 3 of 6 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 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. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to the City at the time Contractor returns the signed Agreement. The certificate shall specify all of the Parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 11.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and(b) Contractor, Contractor's agents, subcontractors, subconsultants, and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and'the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, Contractor's waiver of immunity under this provision extends only to claims against Contractor by City,and does not include, or extend to, any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 12.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any Agreement for Recreational Services Page 4 of 6 time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions,nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation. Neither party may assign, transfer, or delegate any nor all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 14.Subcontracts. Except as otherwise provided herein,Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written consent of the City. 15. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contractor agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of,or that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s)' decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof. 17. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 18. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 19.Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 20.Business Registration. Prior to commencement of work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 21. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause, or phrase of this Agreement. 22. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Exhibit A- Scope of Services 2. Insurance Certificates d )9-P-4(_c ` The Parties have executed this Agreement this `1 day okrCniZh,2018. Agreement for Recreational Services Page 5 of 6 CITY OF SPOKANE VALLEY Contractor: Skyhawks Sports Academy,Inc. ri-imtV\-- 4, p z M rk Calhoun, City Manager By: Its: Aut rized Represent ATTEST: r Aie 46. ..--- AA Chri tine Bainbri•ge, City lerk APPROVED AS TO FORM: c - Ate, ._ Office the Ci rirorney Agreement for Recreational Services Page 6 of 6 EXHIBIT A Scope of Services Skyhawks Sports Academy, Inc. partners with the City of Spokane Valley Parks and Recreation Department to provide a variety of sports programs for 2018: • Skyhawks Sports Academy will utilize Central Valley High School and University High School Tennis Courts for the Summer Tennis Program. The scheduling is done through Spokane Valley Parks and Recreation Department, and the use of the space has been approved through Central Valley School District. Please see attached schedule. Temporary restrooms shall be provided at each facility during Tennis Camps due to the fact that outdoor restroom facilities are locked by the school district during non-school times. • Skyhawks Sports Academy utilizes Terrace View Park and Valley Mission Park for Multi-Sport Camp, Mini-Hawk Camp, Football Camp, Flag Football Camp, Cheerleading Camp, Tennis Camp, Soccer Camp, Outdoor Volleyball Camp, Track & Field Camp, and a Multi-Sport Camp for Ultimate Frisbee, Capture the Flag & Dodgeball programs. The scheduling is done through Spokane Valley Parks and Recreation. Please see attached schedule. In addition: • Skyhawks Sports Academy shall provide an annual report to the Director of Parks and Recreation by September 30 of each year including complete rosters for each program offered, with participants' names, addresses, and fees paid for participation. • Skyhawks Sports Academy shall process all participant registrations and collect a l l fees. • Skyhawks Sports Academy shall provide all equipment and qualified instructors for each program. • Actual locations within the Parks that Skyhawks use will need to be approved prior to the camp by the Parks and Recreation Department. • City of Spokane Valley shall schedule the rental of the on-site portable restroom for the Tennis Camps. • All classes added to roster, not currently listed within this agreement will be subject to a $250 additional fee per class/camp. 1 Below are the programs that are permitted to be offered through this Agreement. For full-day participants of programs held at Terrace View and Valley Mission Parks, there is open swim subject to pool availability. Skyhawks Multi-Sport Camp (soccer, basketball, baseball): Designed to introduce athletes to a variety of different sports in one setting. Skyhawks Mini-Hawk Camp (soccer, baseball, basketball): Soccer, baseball, and basketball are taught in a safe, structured environment filled with encouragement and fun. Skyhawks Football Camp: Campers are taught skills on both sides of the football including core components of passing, catching and defense. Skyhawks Flag Football Camp: Campers are taught skills on both sides of the football including core components of passing, catching and defense. Skyhawks Cheerleading Camp: Campers are taught all the essential skills to lead the crowd and support the home team. Skyhawks Tennis Camp: Players are taught proper grips, footwork, strokes, volleys and serves through drills designed to teach skills in a dynamic way. Skyhawks Soccer Camp: Campers will be taught the technical skills and sport knowledge required for that next step into soccer. Skyhawks Outdoor Volleyball Camp: Co-ed campers are taught through drills and exercises that focus on passing, setting, hitting and serving. Skyhawks Track and Field Camp: Introduce young athletes to this sport rich in tradition and history. This program combines technical development and fundamental techniques with safety and a focus on fun. Drills and exercises will prepare campers for a future in cross-country, track and field events and distance running. Skyhawks Multi-Sport (soccer, basketball) Camp: Designed to introduce athletes to a variety of different sports in one setting. Skyhawks Multi-Sport (ultimate Frisbee, capture the flag & Dodgeball) Camp: Designed to introduce athletes to a variety of different sports in one setting. 2 'i! ' AM YOUTH SPORTS CAMPS Spokane Valley Parks and Recreation partners with Skyhawks Sports Academy to provide quality summer sports camps where children discover and develop athletic skills and social values, such as team work, respect and sportsmanship. Skyhawks offers children a positive sports experience while promoting a healthy active lifestyle. To Register: ALL SKYHAWKS YOUTH SPORTS CAMP REGISTRATIONS ARE PROCESSED THROUGH SKYHAWKS. PLEASE CALL 509.466.6590 OR GO ONLINE TO WWW.SKYHAWKS.COM All full day camp options include a supervised open swim from 1-3 9am - 12pm = half day camp 9am - 3pm = full day camp **New camps available at Valley Mission Park, 11123 E Mission MULTI-SPORT CAMP(SOCCER,BASKETBALL,&BASEBALL) Course# Dates Time Ages Fee Location SSA 101285 June 18-22 9am-3pm 6-12 yrs $139 Terrace View SSA 101361 Aug 13-17 9am-12pm 6-12 yrs $125 Terrace View SSA 101406 Aug 13-17 9am-3pm 6-12 yrs $139 Terrace View Learn rules and essentials of each sport through skill-based games and scrimmages. By the end of the week,your child will walk away with knowledge of multiple sports along with vital life lessons such as respect,teamwork and self-discipline. MINI HAWK CAMP(SOCCER,BASEBALL&BASKETBALL) Course# Dates Time Ages Fee Location SSA 101290 June 25-29 9am-12pm 4-7 yrs $125 Terrace View SSA 101291 July 16-20 9am-12pm 4-7 yrs $125 Terrace View This multi-sport program gives children a positive first step into athletics. Sport essentials are taught in a structured environment with lots of encouragement and a focus on fun. FLAG FOOTBALL CAMP Course# Dates Time Ages Fee Location SSA102052 June 25-29 9am-12pm 6-12 yrs $125 Valley Mission SSA 101286 July 23-27 9am-3pm 6-12 yrs $139 Terrace View SSA 101287 July 23-27 9am-12pm 6-12 yrs $125 Terrace View SSA 102049 June 25-29 9am-3pm 6-12 yrs $139 Valley Mission Boys and girls learn skills on both sides of the football including core compo- nents of passing,catching and defense-all in a fun and positive environment. SOCCER CAMP Course# Dates Time Ages Fee Location SSA101283 July 9-13 9am-3pm 6-12 yrs $139 TerraceView SSA 101284 July 9-13 9am-12pm 6-12 yrs $125 Terrace View SSA 101359 Aug 6-10 9am-3pm 6-12 yrs $139 Terrace View SSA 101360 Aug 6-10 9am-l 2pm 6-12 yrs $125 Terrace View Skyhawks is the number one camp for learning the fundamentals of soccer. Using our curriculum,boys and girls will gain the technical skills and sport knowledge required for that next step into soccer. 8 2018 Spring/Summer Recreation Guide OUTDOOR VOLLEYBALL CAMP Course# Dates Time Ages Fee Location SSA 101357 July 16-20 9am—12pm 6-12 yrs $125 Terrace View SSA 101358 July 16-20 9am—3pm 6-12 yrs $139 Terrace View SSA 102058 Aug 13-17 9am—12pm 6-12 yrs $125 Valley Mission SSA102059 Aug 13-17 9am—3pm 6-12 yrs $139 Valley Mission All aspects of volleyball are taught through drills and exercises that focus on passing,setting, hitting and serving. This program is designed for the beginner and intermediate player. Skyhawks will assist boys and girls in developing fundamental skills through game speed drills and daily scrimmage aimed at developing the whole player. MULTI-SPORT(SOCCER AND BASKETBALL) Course# Dates Time Ages Fee Location SSA102060 July 23-27 9am—3pm 6-12 yrs $139 Valley Mission SSA102061 July 23-27 9am—12pm 6-12 yrs $125 Valley Mission This multi-sport program gives children a positive first step into athletics. Sport essentials are taught in a structured environment with lots of encouragement and a focus on fun. MULTI-SPORT(ULTIMATE FRISBEE,CAPTURE THE FLAG AND DODGEBALL) Course# Dates Time Ages Fee Location SSA 101288 July 30-Aug 3 9am—3pm 6-12 yrs $139 Terrace View SSA 101292 July 30-Aug 3 9am—12pm 6-12 yrs $125 Terrace View This program will introduce youth athletes to a variety of different sports in one setting. Learn the rules and essentials of each sport through skill-based games and scrimmages. By the end of the week,your child will walk away with knowledge of multiple sports along with vital life lessons such as respect, teamwork and self-discipline. SKYHAWKS TENNIS CAMP Course# Dates Time Ages Fee Location SSA 101289 July 2-6 9am-12pm 6-12 yrs $99 Central Valley High School SSA101079 July 23-27 9am-12pm 6-12 yrs $125 Central Valley High School SSA101080 July 30-Aug3 9am-12pm 6-12 yrs $125 Central Valley High School SSA101081 Aug 6-9 9am-12pm 6-12 yrs $109 University High School Boys and girls learn proper grips,footwork,strokes,volleys and serves,as well as the rules and etiquette that make tennis an exciting game. TRACK AND FIELD CAMP Course# Dates Time Ages Fee Location SSA 101435 July 16-20 9am—12pm 6-12 yrs $125 Terrace View SSA 102048 July 16-20 9am-3pm 6-12 yrs $139 Terrace View Combines technical development,fundamental techniques,and safety with a major focus on FUN! Using special equipment,Skyhawks covers the fundamentals of body positioning stride, proper stretching and cool-down techniques. CHEERLEADING CAMP Course# Dates Time Ages Fee Location SSA 102051 June 25-29 9am—3pm 5-11 yrs $139 Valley Mission SSA102053 June 25-29 9am—12pm 5-11 yrs $125 Valley Mission SSA 102054 July 23-27 9am—3pm 5-11 yrs $139 Terrace View SSA 102055 July 23-27 9am—12pm 5-11 yrs $125 Terrace View Skyhawks will ensure that each camper will learn cheers, proper hand and body movements as well as jumping techniques.There is no stunting,just a big focus on fun white each cheerleader learns important life skills such as team building and leadership. City of Spokane Valley Parks and Recreation Dept. 9 ,...„.......,4111 SKYHSPO-02 BHATCH O ACRO' DATE(MMIDD/YYYY) C CERTIFICATE OF LIABILITY INSURANCE 3/6/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.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(les)must 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 endorsement(s). PRODUCER ACT NAME: Lydia Scales,ACSR Alliant Insurance Services Inc. PHONE HO No.Ext):(509)343-9271 FAX No):(509)325-1803 Moloney O'Neill GrucE-MAIL 818 W Riverside Ave,Ste 800 ADDRESS:(scales@mo-ins.com Spokane,WA 99201 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Skyhawks Sports Academy Inc INSURER C: 9425 N Nevada St. Suite 210 INSURER D: Spokane,WA 99218 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: WA 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. ( LICY EXP LTR TYPE OF INSURANCE IANSD DDL SWVD POLICY NUMBER (UBR MMIDD/YYYY) (MMI DIIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE ri OCCUR X PHPK1610179 02/08/2017 02/08/2018 pREM SES(Ea ocrrence) $ 300,000 MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PRO- LOC PRODUCTS-COMP/OP AGO $ 3,000,000 JECT OTHER: Abuse/Molest $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 (Ea accident) _ A X ANY AUTO PHPK1610179 02/08/2017 02/08/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS — AUTOS (Per accident) — S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE PHUB572546 02/08/2017' 02/08/2018 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 3 WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTEH ER ANY PROPRIETOR/PARTNER/EXECUTIVE I ( N I A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is additional insured under the general liability for ongoning operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation 2426 N.Discovery Place Spokane,WA 99216 AUTHORIZED REPRESENTATIVE 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • Home Espanol Contact Search L&I A-Z index Help My MI Safety&Health Claims&Insurance Workplace Rights Trades&Licensing 0 Washington State Department of Labor & Industries SKYHAWKS SPORTS ACADEMY INC Owner or tradesperson 9425 N NEVADA ST STE 210 DAVE BERTO SPOKANE,WA 99218-1294 Doing business as SKYHAWKS SPORTS ACADEMY INC WA UBI No. Governing persons 601 332118 DAVE MICHAEL BERTO JEFFREY J HEIMBIGNER; CHRIS STILES; JEFFREY J HEIMBIGNER; CHRIS STILES; Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 805,153-00 Doing business as SKYHAWKS SPORTS ACADEMY INC Estimated workers reported Quarter 4 of Year 2017"11 to 20 Workers" L&I account contact T2/RAJ LUKE(360)902-5787-Email:LUKE235@Ini.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. ©Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. Help us improve ACCORD �® CERTIFICATE OF LIABILITY INSURANCE `��`M"�D' `' 04/02/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE-TIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFF 07-DED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1 SURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED l ovislOns or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an ehd*rsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endortement(s). PRODUCER 'CONTACT NAME: .To Watson Roach, Howard, Smith and Barton i}HoNE FAX $750 N. Central Expressway, Snits 500 wc.No.Emi: :(972) 231-1300 IAJC.Nol:(972) 231-1368 8 ADDRESS: wataonOrhsb.com Dallas TX 75231 ADDRESS: INSURER(S)AFFORDINGCOVERAGE , NAICS INSURERA:Chubb Indemnity Co 12777 7 INSURED INSURER B:Philadelphia Indemnity 18058 Skyhawke Sports Academy LLC INSURER C: 9425 N. Nevada St., Suite 210 INSURERD: Spokane WA 99218 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 41245 REVISION NU BER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE"BEEN REDUCED BY PAID CLAIMS. INSR �p DDIySUBR POLICY EFF POUCY EXP e TYPE 6�SURANCE LTR' IIYQD WVD POL.JCYNUMBER IMINDDIYYYYI IMMIDD/YYYYI, LIMITS g x COMMERCIALGENERALLIABIUTY N,EACHOCCURRE E S 1,000,000 pAMAGE)O REN D IMAMS-WIDE �% OCCLlft PHPIC1931928 09/23/2017 09/23/2018 PREMISES IEa 6 100,000 MED EXP(Any on) , S Excluded ' PERSONALRA .WRY , S 1,000,000 GENL AGGREGATE LENT APPLES PER: GENERAL*GGR TE t 3,000,000 9 POLICY[28: [ILOC PRODUCTS-CC AOG4A.000,000 OTHER 8 AUTOMOa6.EUA$ILMY A St e .LIIMT 8 1,000,000 B ANY AUTO PISYA1731916 09/23/201109/23/2018 l9DDILY 1 (' Sem,!S _� AUS OLAP AOSDLJI ED BGDILtr 66RUtY `; 5 NNW NON-OWNED - ROPiRTQ CNA.I'E 8 R AUTOS ONLY H Amos owe P`, �_.' • , , 8 B >t UMBRELLALIAB NoccuR9933EA605509 09/23/2017 09/23/2015 HOCCURRE -E S 5,000,000 EXCESS UAB CLAIM54NADE % AGGREGATE 8 5,000,000 0E0 I I RETENTIONS 6W � 7 ARO EMPLOYERS'LIABILITY 71754023 03/31/201103/31/A019 STATUT- 1ERH A ANO EMPLOYfR3'ltA61LITY ANYPROPRIETORMARTNETt1EXECUTIVE TIN NIA Et.EACMACCI01 IL 1,000,000 ,OFFICERMEMEERFXCLUOED? �N ' Mandatory In NH) � E.L.DISEASE-EA MPLOYEE,5 1,000,000 xDESCRIP DFOPERATIONSbelow , E.L.DIsEAsE-•i:ocr umis S, I,000,000 , 8 S A I a DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICtES(ACORD T01.AddItlonel RomertS Schedule.may M attectdfe(l arose apace te required) General liability policy includes a blanket automatic additional insured {endorsement or provisi=. .that provides additional insured status to the certificate bolder when required by written contract or agreement. General liability policy contains a special endorsement orrovision wi•h `primary additional insured" wording. General liability and workers compensation policies fncl, e a blanket automatic waiver of subrogation endorsement or provision that provides this feature onl- when there is a written contract between slimed insured and certifidite holder that requires ft. a CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL_ BE CANCELLED BEFORE THE EXPIRATION tan TH EEOP. • , - WILL BE DELIVERED IN ' ACCORDANCE WITH THE POEICTPRO1fl lS. City of Spokane Valley Parka and Recreation 2426 N. Discovery Place • iAUTwoklie9REM@ TATNE - • Spokane WA 99216 +>i—. c3, 4 % i{ 1 f i 1958.2015 ACCORD COR°•z TION. All rights reserved. ACORD 25(2016/02) The ACORD name and logo are registered marks of ACORD Page 1 of 1 f g- 039 •�► D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 09/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 endorsement(s). PRODUCER CONTACT NAME: Jo Watson Roach, Howard, Smith and Barton PHONE FAX 8750 N. Central Expressway, Suite 500 (A/C.No.Extl: (972) 231-1300 (A/C.No):(972) 231-1368 EMAIL ADDRESS: 'iwatson@rhsb.com Dallas TX 75231 INSURER(S)AFFORDING COVERAGE NAIC U INSURER A:Chubb Indemnity Co 12777 INSUREDINSURER B:Philadelphia Indemnity 18058 Skyhawks Sports Acarl.Pmy LLC INSURER C: 9425 N. Nevada St., Suite 210 INSURERD: Spokane WA 99218 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 42510 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY1 (M /DD/YY MYY) B X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 TO CLAIMS-MADE n OCCUR PHPK1866344 09/23/2018 09/23/2019 DAM REEMASES(EaENTED occurrence) $ 100,000 MED EXP(Any one person) $ - Excluded PERSONAL 8ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 x I POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: Abuse/Molestation $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 000 (Ea accident) r B ANY AUTO PHPK1866344 09/23/2018 09/23/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS X HIREDX NON-OWNED PROPERTYPDAMAGE AUTOS ONLY AUTOS ONLY g X UMBRELLA LIAR X OCCUR PHUB643163 09/23/2018 09/23/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS $ PER OTH- A WORKERSNDLIATION YIN 71754023 03/31/2018 03/31/2019 X STATUTE ER AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECIJTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) General liability and Automobile liability policies include a blanket automatic additional insured endorsement or provision that provides additional insured status to the certificate holder when required by written contract or agreement. General liability and Automobile liability policies contains a special endorsement or provision with "primary additional insured" wording. General liability, Automobile Liability and workers compensation policies include a blanket automatic waiver of subrogation endorsement or provision that provides this feature only when there is a written contract between named insured and certificate holder that requires it. City of Spokane Valley is additional insured under the general liability for ongoning operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley Parks and Recreation 2426 N. Discovery Place AUTHORIZEDREPRESENTATIVE Spokane WA 99216 P `- 1L/C L ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • POLICY NUMBER: PHPK1866344 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 • THIS ENDORSEMENT CHANGES.THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Name Of Additional Insured Person(s)Or Organization(s): Blanket Additional Insured • Information required to complete this Schedule, if not shown above,will be shown in theDeclarations. A. Section II — Who Is An Insured is amended to B. With.respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect toliability for"bodily injury", "property" If coverage prov'ded to the additional insured is damage" or "personal and advertising injury" required by a contract or'agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: • on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; 2. Available under thr� applicable pplivable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. • • CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 • PI-MANU-1 (01/00) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY • CG2026 Blanket Additional Insured • "Any person or organization where required by a written contract that was executed prior to the occurrence of a loss, but only for liability arising out of the negligence of the named insured." • • • • • • All other terms and conditions of this Policy remain unchanged. Page 1of1 • PI-AS-009(04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the event that ho otherspecific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words"you"and"your"refer to the Named Insured shown in the Declarations. The words"we,""us"and"our" refer to the Company providing this insurance. • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A. Supplementary Payments—Bail bonds increased to$Z 500/Loss of earnings increased to$500 each day; B. Tenant's Legal Liability—for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers—Limit increased to$300,000; C. Broadened Definition of Who Is An Insured; D. Amended Duties In the Event Of Occurrence, Claim Or Suit; . E. Broadened definition of Advertising Injury—includes Televised Or Videotaped F'.jblication; . F. Amended definition of Bodily Injury to include Mental Anguish; G. Broadened definition of Personal Injury—includes Abuse Of Process/Discrimination; H. Amended Unintentional Failure To Disclose Hazards; L Amended Liberalization Clause J. Added Employee Indemnification Defense Coverage—We will pay up to$25,000 in defense costs • for an"employee"in a criminal proceeding(subject to established criteria); K. "Property Damage"-Removed exclusion for"Property damage"resulting from the use of reasonable force to protect persons or property; L. Added blanket Additional Insured—Funding Source; M. Added blanket Additional Insured—Managers or Lessors of Premises;. N. Non-owned Watercraft—coverage length is increased to 58 ft. Page 1 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY • Includes copyright material of the Insurance Services Office, Inc., used with its permission. • • PI-AS-009(04/04) A. Supplementary Payments In the Supplementary Payments—Coverages A. and B. provision: 1. The limit for the cost of bail bonds is changed from $250 to$2,500; and 2. The limit for loss of earnings is changed from$250 a day to$500 a day. B. Fire, Lightning, Explosion,Smoke and Leaks from Sprinklers If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,the word"fire"is changed to"fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: 1. The Limits of Insurance section of the Declarations as the Fire Damage Limit. That limit: a. Is changed subject to all the terms of Limit of Insurance(Section III)tc;the greater of: (1) $300,000;or (2) The amount shown in the Declarations as the Fire Damage Limit. b. Subject to a. above is the most we will pay to all damage proximately caused by the same event,whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof., 2. The last paragraph of Coverage A. (Section I)after the Exclusions; 3. Paragraph 6. of Limits of Insurance(Section III); 4. Paragraph b.(1)(b)of the Other Insurance Condition (Section IV); and 5. Paragraph a. of the definition of"insured contract." C. Who Is An Insured Who Is An Insured (Section II) is changed as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end'of the policy period. D. Duties In The Event Of Occurrence,Claim Or Suit 1. The requirement in Condition 2.a. (Conditions, Section IV)that you must see to it that we are notified as soon as practicable of an"occurrence"or an offense, applies only when the "occurrence"or offense is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. Page 2 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) 2. The requirement in Condition 2.b.that you must see to it that we receive notice of a claim or "suit"as soon as practicable will not be considered breached unless the breach occurs after, such claim or"suit"is known to: (a) You, if you are an individual; • (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. E. Advertising Injury—Televised Or Videotaped Publication - t The definition of"Personal and Advertising Injury" items 14. d., e.,r. and g. is changed to read: "Personal and Advertising Injury" means injury arising out of one or more of the following offenses: • d. Oral,written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral,written, televised or videotaped publication of material that violate s,a person's right of privacy; . f. Misappropriation of advertising ideas or style of doing business; or g. Infringement of copyright,title or slogan. 2. 2. Exclusions b. and c.of Coverage B., Personal And Advertising Injury Lia ility, are changed to read: b. (2)Arising out of oral,written,televised or videotaped publication of material, if done by or • at the direction of the insured with knowledge of its falsity; c. (3)Arising out of oral,written,televised or videotaped publication of material whose first publication took place before the beginning of the policy period. F. Bodily Injury—Mental Anguish The definition of"bodily injury" is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing(Item a. above)at any time. G. Personal Injury—Abuse Of Process/Discrimination If Personal and Advertising Injury Liability Coverage(Coverage B.)is not otherwise excluded from • this Coverage Part: 1. The definition of"Personal and Advertising Injury" is changed by: • Page 3 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) a. Revising Item b. of that definition to read: Malicious prosecution or abuse of process; • b. Adding the following: "Personal Injury"also means discrimination based on race, color, religion,sex, age or national origin, except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer,director, stockholder, partner or member of the insured; or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or • (3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease or sub-lease of any room, dwelling or'premise's.by or at the direction of any insured; or (4) Insurance for such discrimination is prohibited by or held in violation.ofilaw, public policy, legislation, court decision or administrative ruling.; The insurance afforded by G.1.b. above does not apply to fines or penalties imposed because of discrimination. H. Unintentional Failure To Disclose Hazards • It is agreed that, based on our reliance on your representations as to existing hazards, if you:should unintentionally fail to disclose all such hazards prior to the beginning of the polic_,&period.of this Coverage Part,we shall not deny coverage under this Coverage Part because aisuch failure. I. Liberalization If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holder's as of the day the revision is effective in your state. J. Employee Indemnification Defense Coverage • Under SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the:following is added: 3. We will pay on your behalf defense costs incurred by an"employee" in a criminal proceeding. However, you must have a prior written agreement with such"employee"whereby you agree to indemnify the"employee"for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the number of employees, claims or"suits"brought or persons or organizations making claims or bringing"suits." Page 4 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY • Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009(04/04) K. Extended "Property Damage" SECTION I—COVERAGES,COVERAGE A,2. Exclusions a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury"or"Property Damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. L. Additional Insured—Funding Source Under SECTION II—WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. M. Additional Insured—Managers or Lessors of Premises • Under SECTION II—WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of the owners..lip, maintenance or use of that part of the premises leased to you subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed'by or on behalf of that person or organization. N. Non-owned Watercraft SECTION I—COVERAGES,2. Exclusions, paragraph g. (2)is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a.charge This provision applies to any person,who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available,to the insured whether primary, excess or contingent. Page 5 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. • PI-GL-005(07/12) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Effective Date: 09/23/2018 Name of Person or Organization (Additional Insured): Any person or entity where required by written contract executed prior to a loss or claim • SECTION II—WHO IS AN INSURED is amended to include as an additional insured•the person(s)or organization(s)shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury"arising out of or relating to your negligence in the performance of"your work"for such person(s)or organization(s)that occurs on or after theeffective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and.exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PI-CA-004 PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT PI-CA-004 10/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is added to SECTION IV-BUSINESS AUTO CONDITION:, B. General Conditions, 5. Other Insurance: The insurance provided by this policy for any additional insured en=iorsement attached to this policy is primary when primary coverage is require^tin a written contract. In addition, we will not seek contribution from any insurer !hen insurance on a non-contributing basis is required in a written contract for any additional insured endorsement attached to this policy. For coverage to apply, the written contract must have been executed prior to the occurrence of "loss." This endorsement supersedes anything to the contrary. • All other terms and conditions of this Policy remain unchanged. Page 1 of 1 POLICY NUMBER: PHPK1866344 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT'CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply.unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Skyhawks Sports Academy, Inc. • Endorsement Effective Date: 09/23/2018 • SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or entity where required by written contract executed•prior to a loss • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to ' the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. • • • CA 04 44 0310 ©Insurance Services Office, Inc., 2009 . Page 1 of 1 ❑ PI-CA-003(04/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • With respect to coverage provided by this endorsement,the provisions of the Ccverage Form apply unless modified by the endorsement. A. SECTION Il—COVERED AUTOS LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured is amended by adding the following: The following are also"insureds": Any person or organization for whom you are required by an"insured contract"to:procure"bodily injury" or"property damage"liability insurance arising out of the operation of a covered"auto"with your permission. However,this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered"auto"is a"trailer"connected to a covered"auto"yo.'.own; 2. Your"employee"if the covered"auto"is owned by that"employee"or a member of his or her household; 3. Anyone using a covered"auto"while he or she is working in a business of s(•Iling, servicing, repairing, parking or storing"autos"unless that business is yours; ' 4. Anyone other than your"employees,"partners(if you are a partnership), mei nbers(if you are a limited liability company), or a lessee or borrower or any of their"err,ployees,"while moving property to or from a covered"auto";or 5. A partner(if you are a partnership), or a member(if you are a limited.liability company)for• covered"auto"owned by him or her or a member of his or her household. B. The"insured contract"must be in effect during the policy period shown in the Declarations and must have been executed prior to the"bodily injury"or"property damage". C. This person or organization is an"insured"only to-the extent you are liable due to your ongoing • operations for that"insured",whether the work is performed by you or.for you, and only to the extent. you are held liable for an"accident"occurring while a covered"auto"is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for"bodily injury"to its employees or for "property damage"to its property. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault • according to the applicable principles of comparative negligence or fault. F. The defense of any claim or"suit"must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or"suit". G. A person's or organization's status as an"insured" under this endorsement ends when your operations for that"insured"are completed. Page 1 of 2 • • PI-CA-003(04/14) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. • In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any"insured,"or to procure insurance. I. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to"loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an"insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented"auto"to the lessor or the policy period ends,whichever occurs first. • • • • Page 2 of 2 • • WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY WC 124 • (4-84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date'of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 03/31/18 at 12:01.A.M.standard time,forms et part of NATE Policy No. (19)7175-40-23 of the CHUBB INDEMNITY INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to BLUE STAR SPORTS HOLDINGS,LLC Endorsement No. Authorized representative We have the right to recover our payments from anyone liable for an injury covered by his policy. We will not enforce our right against the person or organization named in the Schedule. This agre'ament applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.' This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule • IT IS UNDERSTOOD Arlt)AGREED THAT THE COMPANY, IN THE EVENT OF ANY PAYMENT, WAIVES THE RIGHTS(i):RECOVERY AGAINST ANY PRINCIPAL WHERE:SUCH WAIVER HAS BEEN INCLUDED AS PART OF A•CONTRACTUAL UNDERTAKING BY THE NAMED INSURED, BUT THIS WAIVER SHALL NOT APPLY IN RESPECT OF OTHER OPERATIONS OR SUCH PRINCIRAL IN WHICH THE INSURED HAS NO CONTRACTUAL INTEREST. • WC 124(4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance. Page 1 of 1