18-114.00 Central Valley School District: Use of Greenacres Park MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding(hereinafter"MOU")is entered into by and between the City
of Spokane Valley(hereinafter"the City"),and the Central Valley School District(hereinafter"CVSD")a
non-profit 501(C)(3)corporation,jointly referred to as"Parties".
WHEREAS, the CVSD is currently constructing Riverbend Elementary School, which is adjacent
to Greenacres Park,and
WHEREAS,the Riverbend Elementary grounds will not be complete by the time the school opens
for the 2019-2020 school year, and the school has requested temporary use of Greenacres Park for
September and October,2018 to provide students with a space for student recess activities during this time
period.
THEREFORE,the following is agreed upon:
1. Parties. The Parties to this MOU are the City, and the CVSD.
2. Purpose. The purpose of this MOU is to summarize the terms and conditions upon which
the CVSD will be able to utilize Greenacres Park for recess access during the fall of 2018.
3. Contact Individuals. The contact person for the City shall be the Director of Parks and
Recreation. The contact person for the CVSD shall be the current Principal at Riverbend Elementary
School.
4. Terms of the MOU.
4.1 The City owns Greenacres Park, which is adjacent to property owned by Central Valley
School District, and upon which the new Riverbend Elementary School is being constructed.
4.2 The Riverbend Elementary School will be open for students in September 2018, however
the new school playground area will not be complete until approximately October 31,2018.
4.3 CVSD is allowed to use Greenacres Park for recess times during the months of September
and October 2018. Specifically the northwest soccer field area may be used for such activities as
football, soccer,etc.
4.4 CVSD shall have non-exclusive use of Greenacres Park for student recess activities
Monday through Friday,from 8:30 a.m. to 1:00 p.m. The City will not charge a facility rental fee
in recognition of the mutual benefits provided to the parties,both of which are public entities whose
missions include providing for the public interest. CVSD shall not rent or sublet space in
Greenacres Park to third parties.
5. Insurance: During the term of the contract, the CVSD shall maintain in force at its own expense,
the following insurance:
5.1 Minimum Scope of Insurance. CVSD shall obtain insurance of the types described below:
Agreement with Central Valley School District Page 1 of 4
Insurance: During the term of the contract, the CVSD shall maintain in force at its own expense, the
following insurance:
5.1.1 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.
5.1.2 Commercial general liability insurance shall be at least as broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, stop-gap
independent contractors and personal injury, and advertising injury. City shall be named
as an additional insured under CVSD's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
5.1.3 Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
5.2 Minimum Amounts of Insurance. CVSD shall maintain the following insurance limits:
5.2.1 Automobile liability insurance with a minimum combined single limit for bodily
injury and property damage of no less than$1,000,000 per accident.
5.2.2 Commercial general liability insurance shall be written with limits no less than
$1,000,000 for each occurrence, and$2,000,000 for general aggregate.
5.3 Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions for automobile liability and commercial general liability insurance:
5.3.1 CVSD's insurance coverage shall be primary insurance with respect to the City. Any
insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess
of CVSD's insurance and shall not contribute with it.
5.3.2 CVSD shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within
two business days of receipt by CVSD.
5.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best
rating of not less than A:VII.
5.5 Evidence of Coverage. As evidence of the insurance coverages required by this MOU,
CVSD shall furnish acceptable insurance certificates to the City Clerk at the time CVSD returns
the signed MOU, which shall be Exhibit C. 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 City. CVSD shall be financially
responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.
Agreement with Central Valley School District Page 2 of 4
5.6 Failure to Maintain Insurance. Failure on the part of the SVSCA to maintain the insurance
as required shall constitute a material breach of contract,upon which the City may, after giving at
least five days' written notice to CVSD to cure the breach, immediately terminate the MOU or, at
the City's 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 CVSD from the City.
5.7 City Full Availability of CVSD's Insurance Limits. If the CVSD maintains higher
insurance limits than the minimums shown above, the City shall be insured for the full available
limits of commercial general and excess or umbrella liability maintained by the CVSD,irrespective
of whether such limits maintained by the CVSD are greater than those required by this MOU or
whether any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the CVSD.
6. Indemnification and Hold Harmless. CVSD 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,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 CVSD,
CVSD 's agents, subcontractors, and employees to the fullest extent permitted by law, subject only to the
limitations provided below.
CVSD's duty to defend, indemnify, and hold harmless City 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
pursuant to RCW 4.24.115.
CVSD's duty to defend,indemnify,and hold harmless City 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) CVSD,
CVSD's agents, subcontractors, and employees, shall apply only to the extent of the negligence of CVSD,
CVSD's agents, subcontractors, and employees.
CVSD'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, 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.
CVSD 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,
that CVSD's waiver of immunity under this provision extends only to claims against CVSD by City, and
does not include, or extend to, any claims by CVSD's employees directly against CVSD.
CVSD hereby certifies that this indemnification provision was mutually negotiated.
Agreement with Central Valley School District Page 3 of 4
7. The Parties hereby reserve the right to alter, amend, or modify the terms and conditions of this
MOU upon written agreement of both Parties to such alteration, amendment, or modification.
8. This MOU may not be assigned or transferred without the express written approval of the City.
9. The City reserves the right to unilaterally change the terms of this MOU in the event of a substantial
unanticipated budget shortfall. In such event,the City commits to making best efforts in providing CVSD
with advance notice prior to changing any terms of this MOU.
10. The City is precluded by law from the gifting of public funds. The MOU shall not be applied or
interpreted in a way that constitutes an unlawful gift of public funds.
City of Spokane Valley Central Valley School District:
Nibi0/ CaEki„
, ,/
Mark Calhoun City anager t, A _.t w. .
Date: 76)\ 29?)15 Date 1—l U'ti
ATTEST:
r) (. AO ji;
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
‘I•. --- , l 'idt'
OfficY of the Attorney
Agreement with Central Valley School District Page 4 of 4
RECEIVED
MAY 242018
PARKS & RECREATION DEPT.
•
Schools Insurance Association of Washington
CERTIFICATE OF COVERAGE Issue Date: 08/25/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES
NOT CONST RUTE A CONTRACT BET WEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERT IFICATE HOLDER.
IMPORTANT: U the certificate holder is an ADDITIONAL INSURED,the MOC must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the MOC,certain coverage may
require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER • . COMPANIES AFFORDING COVERAGE •
Clear Risk Solutions GENERAL LIABILITY
SIAW/Munich Re
451 Diamond Drive StarStone Specialty Insurance Company
• Ephrata,WA 98823
Phone 509-754-2027 Fax 509-754-3406 AUTOMOBILE LIABILITY
SIAW/Munich Re
. .-:• StarStone Specialty Insurance Company
'INSURED •. . -• PROPERTY
Central Valley School District#356 SIAW/Munich Re,et al.
19307 E.Cataldo
Spokane Valley,WA 99206 CRIME/PUBLIC EMPLOYEE DISHONESTY
SIAW/Munich Re
iCOVER/1GES••. • . .
THIS IS TO CERTIFY THAT THE COVERAGES UST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED.NOT WITHSTANDING ANY
REQUIREMENT.T ERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH,'HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THE
MDC DESCRIBED HEREIN IS SUBJECT TO ALLTHE T ERMS,EXCLUSIONS AND CONDITIONS OF SUCH MDC.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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ENERb(�LIAEILITY: i, ........,. �zY; �;._,•• rz!:.5 aT,i-s.��'.:5'S,.:•,,'<�<<;r•:.. . .. 3'i�,,:•v'.",.. ._.. .... ..
COMMERCIAL GENERAL UABILITY SIAW171834013 09/01/2017 09/01/2018 GENERAL AGGREGATE $31,000,000
OCCURRENCE FORM PRODUCT-COMP/OPAGG $31,000,000
PERSONAL&ADV.INJURY $25,000,000
EACH OCCURRENCE $25,000,000
(LIABILITY IS SUBJECT TO A 100.000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $150,000,000
,'AUTOMOBILE LIABILITY • J• s?tii^. . ...`: .. . ': .. : . .. ••• ..
ANY AUTO SIAW171834013 09/01/2017 09/01/2018 COMBINED SINGLE LIMIT $25,000,000
(UABILIIY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
PROPERTY 't _'sr... •.'.. . ... .
•
SIAW171834013 09/01/2017 09/01/2018 ALL RISK PER OCC EXCL EQ&FL $150,000,000
EARTHQUAKE PER OCC $25,000,000
FLOOD PER OCC(Except FZAs%with issiMM)$25,000,000
(PROPERTY IS SUBJECT TO A 5250.000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
•
•CRIME/PUBLIC EMPLOYEE DISHONESTY • -.•
•
(CRIME SUBJECT TO A 6250,000 PROGRAM SIR) • SIAW171834013 09/01/2017 09/01/2018 PER LOSS $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/SPECIAL ITEMS' •
Evidence of Coverage for various activities during the coverage term.
•
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE PROV ISIONS OF THE MOC.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
Patty Bischoffe
Cty E.Skaneprag Va Ave
11707 E.Sprague Ave
Spokane Valley,WA 99205
3287093