15-076.02 Evergreen Region Volleyball Association: Browns Park Recreational SvcsCONTRACT RENEWAL AND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SPOKANE VALLEY AND EVERGREEN REGION VOLLEYBALL
ASSOCIATION
Spokane Valley Contract #15-076.02
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the
Consultant mutually agree as follows:
1. Purpose: This Amendment is for the Contract for programming, promotion, maintenance and scheduling
of the sand volleyball court complex at Browns Park by and between the Parties, executed by the Parties
on May 27, 2015, and which terminates on December 31, 2016. The original contract was renewed as of
January 1, 2017 for a two-year period which expires December 31, 2018. Said contract as renewed shall
be referred to as the "Original Contract" and its terms are hereby incorporated by reference. Total
compensation received by the City annually under the Original Contract is $2,500.
2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3. City's Desire to Renew: This is the second of two possible optional renewals that can be exercised and
runs through December 31, 2020. The City would like to exercise the 2019-2020 optional term renewal of
the Agreement.
4. Amendment Provisions: This Renewal and Amendment is subject to the following amended provisions,
which are as follows and as attached hereto as Exhibit "A." All such amended provisions are hereby
incorporated by reference herein and shall control over any conflicting provisions of the Original Contract,
including any previous amendments thereto.
City is exercising the second two-year renewal option. This Agreement shall now expire on December
31, 2020.
The attached Exhibit "A" shall replace the existing Exhibit A from the Original Contract and includes a
2019 Court Rental Fee Schedule.
5. Compensation Amendment History: This is Amendment #2 of the Original Contract. The history of
amendments to the compensation on the Original Contract and all amendments is as follows:
Date Annual Compensation
Original Contract Amount 5/27/15 $2,500.00
Amendment #1 5/8/17 $2,500.00
Amendment #2 12/17/18 $2,500.00
Total Amended Compensation $2,500.00
6. Other terms unchanged. Except as provided in the renewal and amendments agreed to by the Parties
herein, all other terms of the Original Contract shall remain unchanged and in full force and effect.
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The parties have executed this Renewal and Amendment to the Original Contract this
December, 2018.
Z-7 day of
CITY OF SPOKANE VALLEY: EVERGREEN RE,ION VOLLEYBALL
AS OCIATION:
CaQ9
Its: Title OC/fii~ ` X `5 Mot(
APPROVED AS TO FORM:
Mark Calhoun
City Manager
ATTEST:
hristine Bainbridge, City Clerk
2
Offi f the - Attorney
Exhibit A
A. Browns Park is a City neighborhood park. At all times during this Agreement, the Park shall be
kept open and accessible to Park users other than volleyball players. During scheduled usage, non -
volleyball players may be excluded from the sand volleyball courts that are in use, except for the two
southern -most courts adjacent to 32nd Avenue, which shall always be available for public use.
The Consultant shall:
1) Provide volleyball standards and nets for all sand volleyball courts at Browns Park for the
duration of the Agreement.
2) Maintain, repair and keep in reasonably safe, playable condition the sand volleyball courts
during the outdoor volleyball season for the duration of this Agreement.
3) Promote Browns Park in conjunction with the City as a world-class outdoor sand volleyball
venue in order to attract Pacific Northwest, regional, and local tournaments, camps,
exhibitions, and leagues. Promotion may include, as requested by the City:
- Consultant working with City to develop appropriate promotional materials for
Browns Park;
- Consultant identifying key distribution points for promotional materials,
including but not limited to USA Volleyball, Visit Spokane, and the Spokane
Regional Sports Commission;
- Consultant distribution of developed or City -provided promotional materials in
Consultants user -group materials, including but not limited to Consultant's
website, in Consultant user -group email lists, and in Consultant's printed
materials; and
- Joint collaboration between the Parties and other user groups to promote Browns
Park to end-users.
4) Schedule court assignments at Browns Park, including scheduling all camps, league use,
exhibitions, and tournaments, as well as other use by local groups such as weekly practices.
Scheduling and use shall be subject to the requirements in C through N below.
5) Collect appropriate City fees from commercial use of Browns Park on behalf of the City,
subject to the requirements set forth in K and L below.
6) Collect information from user groups on hotel/motel stays or other tourism benefits.
Specifically, Consultant shall request user -groups to ask users to complete a basic survey
to identify if they are from outside of the Spokane region, and if so, if they are staying in a
Spokane Valley hotel and how many nights they are staying. Such information shall be
provided as part of Consultant's annual report to the City.
B. The Consultant operate the City's sand volleyball program through the operation, management,
and oversight of any and all sand volleyball courts at Browns Park. Such operation shall include scheduling
all matches, tournaments, leagues, exhibitions, and use by regional and local groups for training and
practice. The Consultant shall not exclude any member of the public from using the courts at a time when
no event has been officially scheduled. Consultant shall further be subject to the limitations set forth below.
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C. The Consultant shall set all court assignments for a use by a wide range of user groups for camps,
exhibitions, leagues and tournaments. User groups include, but are not limited to: ERVA, USA Volleyball,
Adults, Youth, Collegiate, etc. The Consultant shall endeavor to grant court assignments in the following
order of priority: (a) Pacific Northwest or other multi -state tournaments, (b) Professional or semi-
professional exhibitions, (c) Regional tournaments, (d) local tournaments, (e) camps, (f) league play, (g)
practice or training, (h) general use by the public. Consultant may reschedule any group in categories (f)
through (h) to accommodate uses in categories (a) through (e).
D. Consultant shall provide the Parks and Recreation Department by April 30 of each year the then -
current schedule of reserved events, tournaments, league play, and trainings at Browns Park for the
upcoming season. Consultant shall provide updated schedules monthly during the season and at the request
of the City. City will review the master list of assignments for compliance and shall timely notify the
Consultant in writing of any objections it has and proposed City events in order to incorporate such uses
into the schedule. The City retains the right to modify any court assignment or scheduling at its sole
discretion at any time. Such right includes but is not limited to allowing the City to require removal of any
entity or person from the schedule that is under investigation or has been found to be in violation of any
applicable volleyball association rule, including but not limited to all USA Volleyball rules and codes of
conduct.
E. The sand volleyball courts shall be used for sports activities, scheduled by the Consultant, and for
no other purposes without the prior written consent of the Parks and Recreation Department. The
Consultant shall have the primary use of the sand volleyball courts for this purpose as described herein,
provided, the sand volleyball courts shall be open to other general or specific uses or activities on all or a
portion of sand volleyball courts during those times that all or a portion of the sand volleyball courts are
not scheduled for use by the Consultant. Both parties agree that while the sand volleyball courts are under
the Consultant's management, neither party shall permit any use thereof which would interfere with the use
by the other party for recreational purposes.
F. The Consultant shall not use the sand volleyball courts for any illegal purposes.
G. The Consultant shall comply with all applicable laws and regulations relating to its use of the sand
volleyball courts.
H. All users scheduled through Consultant shall sign and provide a "hold harmless" agreement to the
City prior to use. The City shall provide Consultant the form of the "hold harmless" agreement. Consultant
shall obtain all "hold harmless" agreements prior to allowing any use of Browns Park.
I. Consultant shall require users to provide insurance for any activities they engage in during use of
Browns Park. Alternatively, Consultant may provide insurance for users. All insurance shall be in the
amounts, type, and form as required pursuant to this Agreement.
J. The Consultant shall provide a listing of personnel and their responsibilities for the sand volleyball
program to the Director of Parks and Recreation by April 1 of each year.
K. The City must annually approve the court rental fees by year end for the upcoming year. Rental
rates for 2019 are attached to this Exhibit.
L. Browns Park has been established for the public recreation purposes. Pursuant to adopted City
policy, the City shall only allow the use of Browns Park for commercial purposes, including for-profit
tournaments, exhibitions, and trainings, with appropriate compensation paid by the commercial users to the
City. Any use by any user that charges a fee, collects rates, or otherwise is not an identified non-profit
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entity shall pay $200 per use or event ("City fee"). This is in additional to any court rental rate imposed by
Consultant. Consultant shall collect the City fee on behalf of the City from the users within 30 days of the
event and remit the collected City fee and an itemized list of income from the event to the City within 15
days of collection. Alternatively, the Consultant may require the user to provide direct payment to the City;
provided however, that Consultant shall ultimately be responsible for collection of the City fee.
M. The use of merchandise vendors or food & beverage vendors is not permitted unless written
approval from the City has been obtained. The user is responsible to obtain such approval 72 hours prior
to the start of the event. Consultant shall provide notice to the user of such requirement.
N. Consultant is authorized to use City's pump -house structure for storage purposes upon written
approval from the City. Written authorizations are required by the City for the placing on site of any
additional or temporary facilities, structures, etc. by the Consultant. The use of temporary shelters during
scheduled events are specifically allowed.
0. The Consultant is required to provide an annual report to the Director of Parks and Recreation by
November 1 of each year detailing the number of teams, matches, tournaments, revenue, and expenses for
the season being concluded.
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Court Rental Fees
Browns Park Volleyball Complex
2019
April 15 - October 15, 2019
Monday - Thursday
8AMto8PM
Friday - Sunday
8AMto8PM
Monday - Sunday
8AMto8PM
Practice / Leagues
Up to 3 hours
Tournaments / Events
*Commercial Use
*Additional City Fee Required
To reserve, contact:
Evergreen Region Volleyball Association
office@evergreenregion.org
509-290-5552
$15 / Court / Hour
$50 / Court / Day
$50 / Court / Day
AGENCY:0
CERTIFICATE OF INSURANCE
Integro USA Inc.
d/b/a Integro Insurance Brokers
2727 Paces Ferry Road, Building Two, Suite 15021
Atlanta, GA 30339
i 678-324-3300 (Phone), 678-324-3303 (Fax)
15- t57(p. OD ay.& .O1
PRINT DATE: 9/10/2018
CERTIFICATE NUMBER:; 20180823633251
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 POLICIES
BELOW.
NAMED INSURED: IINSURERS AFFORDING COVERAGE:
USA Volleyball (National Office) Evergreen Region Volleyball (ERVA)
4065 Sinton Road, Suite 200 7 S. Howard St, Suite 418
Colorado Springs CO 80907 Spokane WA 99201
POLICY/COVERAGE INFORMATION:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
i 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. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
, INS ITYPE OF INSURANCE: !POLICY NUMBER(S):I EFFECTIVE I EXPIRES: , LIMITS:
A IGENERAL LIABILITY
i—
INSURER A: Arch Insurance Company NAIC #: 11150
INSURER B: Arch Insurance Company NAIC #: 11150
SBCGL0348301 i 9/1/2018 19/1/2019 GENERAL AGGREGATE Per Event $5,000,000
i
I X Occurrence (Applies)
12:01 AM 12:01 AM
X Participant Legal Liability EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED PREMISES (Each Occ.) $1,000,000
MEDICAL EXPENSE (Any one person) EXCLUDED
PERSONAL & ADV INJURY $1,000,000
PRODUCTS-COMP/OP AGG $5,000,000
B UMBRELLA/EXCESS LIABILITY
ISBFXS0050501 9/1/2018 9/1/2019;
X Occurrence ;EACH OCCURRENCE $5,000 000
112:01 AM 112:01 AM
AGGREGATE (Applies Per Event) $5,000,000
{ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
The certificate holder is an additional insured, effective the date of this certificate issuance, as per form 00 SGL002900(10/16): Additional Insured - Designated Person
or Organization Written Contract or Written Agreement, but only with respects to USA Volleyball (USAV) and Regional Volleyball Association (RVA) sanctioned events.
No coverage will apply for RVAs and RVA clubs for events conducted in which all participants are not registered with USAV.
The General Liability Policy includes $1,000,000 Each Occurrence / $2,000,000 Aggregate of Sexual Abuse and Molestation coverage.
Coverage is available under a Participant Accident policy #9907-8534 with Federal Insurance Company on file with the policyholder - Accident Medical Coverage
$25,000, deductible $250 - Accidental Death & Dismemberment $10,000. Policy effective date: September 1, 2018 / Policy expiration date: September 1, 2019.
CERTIFICATE HOLDER:
City of Spokane Valley Parks & Recreation
2426 N. Discovery Place
i Browns Park Sand Courts
Spokane Valley WA 99216
NOTICE OF 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.
:AUTHORIZED REPRESENTATIVE:
CERTIFICATE OF INSURANCE
t- Integro USA Inc.
d/b/a Integro Insurance Brokers
2727 Paces Ferry Road, Building Two, Suite 1500
Atlanta, GA 30339
678-324-3300 (Phone), 678-324-3303 (Fax)
AGENCY:
PRINT DATE:Y-12/21/2018
12/21/2018
CERTIFICATE NUMBER: 20180823633250
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 POLICIES
BELOW.
NAMED INSURED: I INSURERS AFFORDING COVERAGE:
USA Volleyball (National Office)
4065 Sinton Road, Suite 200
Colorado Springs CO 80907
POLICY/COVERAGE INFORMATION:
Evergreen Region Volleyball (ERVA)
7 S. Howard St, Suite 418
Spokane WA 99201
INSURER A: Arch Insurance Company NAIC #: 11150
INSURER B: Arch Insurance Company NAIC #: 11150
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. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
—
INS TYPE OF INSURANCE: POLICY NUMBER(S): I EFFECTIVE: EXPIRES: LIMITS:
A GENERAL LIABILITY
X Occurrence
X Participant Legal Liability
S BCGL0348301 9/1/2018
12:01 AM
9/1/2019 I GENERAL AGGREGATE (Applies Per Event)
12:01 AM
EACH OCCURRENCE
DAMAGE TO RENTED PREMISES (Each Occ.)
MEDICAL EXPENSE (Any one person)
PERSONAL & ADV INJURY
PRODUCTS-COMP/OP AGG
B UMBRELLA/EXCESS LIABILITY
SBFXS0050501 9/1/2018 9/1/2019
X Occurrence EACH OCCURRENCE
12:01 AM 12:01 AM
AGGREGATE (Applies Per Event)
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
$5,000,000
$1,000,000
$1,000,000
EXCLUDED
$1,000,000
$5,000,000
$5,000,000
$5,000,000
The certificate holder is an additional insured, effective the date of this certificate issuance, as per form 00 SGL002900(10/16): Additional Insured - Designated Person
or Organization Written Contract or Written Agreement, but only with respects to USA Volleyball (USAV) and Regional Volleyball Association (RVA) sanctioned events.
No coverage will apply for RVAs and RVA clubs for events conducted in which all participants are not registered with USAV.
The General Liability Policy includes $1,000,000 Each Occurrence / $2,000,000 Aggregate of Sexual Abuse and Molestation coverage.
Coverage is available under a Participant Accident policy #9907-8534 with Federal Insurance Company on file with the policyholder - Accident Medical Coverage
$25,000, deductible $250 - Accidental Death & Dismemberment $10,000. Policy effective date: September 1, 2018 / Policy expiration date: September 1, 2019.
CERTIFICATE HOLDER:
City of Spokane Valley Parks & Recreation
2426 N Discovery Place
Browns Park Sand Coourts
Spokane Valley WA 99316
'NOTICE OF 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.
AUTHORIZED REPRESENTATIVE:
CERTIFICATE OF INSURANCE
AGENCY:
Integro USA Inc.
d/b/a Integro Insurance Brokers
2727 Paces Ferry Road, Building Two, Suite 1500
Atlanta, GA 30339
678-324-3300 (Phone), 678-324-3303 (Fax)
NAMED INSURED:
USA Volleyball (National Office) Evergreen Region Volleyball (ERVA)
4065 Sinton Road, Suite 200 7 S. Howard St, Suite 418
Colorado Springs CO 80907 Spokane WA 99201
POLICY/COVERAGE INFORMATION:
PRINT DATE:
CERTIFICATE NUMBER:
12/21/2018
20181221672796
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 POLICIES
BELOW.
INSURERS AFFORDING COVERAGE:
INSURER A: Arch Insurance Company NAIC #: 11150
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. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OLICY NUMBERS LIMITS:
INS TYPE OF INSURANCE P EFFECTIVE EXPIRES:
A !AUTOMOBILE LIABILITY
X HIRED AUTOS (Symbol 8)
X NON -OWNED AUTOS
(Symbol 9)
X AUTOMOBILE PHYSICAL
DAMAGE (Symbol 8)
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
SBAUT0040001
9/1/2018 9/1/2019
12:01 AM 12:01 AM
COMBINED SINGLE LIMIT (Per Accident)
Comprehensive Deductible
Collision Deductible
Evidence of Coverage - Hired and Non -Owned Autos
CERTIFICATE HOLDER:
City of Spokane Valley Parks & Recreation
2426 N. Discovery Place
Browns Park Sand Courts
Spokane Valley WA 99216
$1,000,000
$1,000
$1,000
NOTICE OF 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.
AUTHORIZED REPRESENTATIVE: