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19-110.00 Justin James Band: Game On at Terrace View Park Contract No. 19-110.00 AGREEMENT FOR RECREATIONAL SERVICES Justin James Band THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Justin James Band, 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 satisfactonly complete the attached Scope of Services 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 July 28,2019,unless the time for performance is extended in writing by the Agreement for Recreational Services Page 1 of Contract No. 19-110.00 Parties. 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. The City agrees to pay Contractor a total of$1,636 00,as full compensation for everything done under this Agreement. Contractor shall not perform any extra,further,or additional services for which it will request additional compensation from the City without a prior written agreement for such services and payment therefor 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: Justin James Band Phone Number (509) 720-5000 Phone Number: (509)981-5232 Address: 10210 East Sprague Avenue Address' 12120 S.Hangman Valley Road Spokane Valley,WA 99206 Valleyford,WA 99036 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 m 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 S.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 ongmals of reports,reproduction-qualitymylars 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, m 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 Agreement for Recreational Services Page 2 of6 Contract No. 19-110.00 Contractor's work product outside of the scope of its intended purpose. 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 Scone 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 Agreement for Recreational Services Page 3 of 6 Contract No. 19-110.00 of Contractor's insurance and shall not contribute with it. 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 hability 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 anyway 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 Agreement for Recreational Services Page 4 of 6 Contract No. 19-110.00 be a waiver of any other subsequent breach or nonperfonnance 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 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 pnor express written consent of the City or upon order of a Court of competent jurisdiction. 16 Criminal background check. Contractor shall perform background screening on all employees and volunteers who will have direct contact or involvement with children or vulnerable adults in the performance of this Agreement, including reference checking and national criminal history screening consistent with the Child and Adult Abuse Information Act. 17 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 anse out of,or that are related to Contractors services under this Agreement. Contractor further agrees that the Arbrtmtor(s)' decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof 18 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). 19 Entire Agreement. This wntten 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 20 Anti-kickback. No officer or employee of the City,having the power or duty to perform an official actor 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. 21.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. 22 Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalidfor any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, Agreement for Recreational Services Page 5 of 6 Contract No. 19-110.00 sentence,clause,or phrase of this Agreement. 23 Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates rici The Parties have executed this Agreement this 3 — day of July,2019 CITY OF SPOKANE VALLEY Contractor:Justin James Band n/ L Justin James Shertey Mark Calhoun,City Manager By' Its: Authorized Representative ATTEST: ��� lay„� . Christine Bainbridge, City Clerk APPROVED AS TO FORM: PR Office oialie City A�o Agreement lot Recreational Seances Page 6 of 6 EXHIBIT A SCOPE OF SERVICES The Justin lames Band will provide the following services as a part of the Parks and Recreation Department's"Game On!"community celebration: Date and Time of Engagement: 1 30 PM—4.30 PM on Sunday,July 28.2019—3 hours of entertainment Location: Terrace View Park— 13525 E. 24'"Avenue, Spokane Valley. WA 99216 Contract Price: $1.636.00 Venue Requirements: 20' x 10' tent provided by Parks and Recreation. Adequate power source provided by Parks and Recreation. Overtime Rate: In the event that additional hours of entertainment are requested (after the finish time of the contract) additional services will be charged at a rate of$400.00 per hour. ---""t ® ACME) CERTIFICATE OF LIABILITY INSURANCE °07/01/201 ) 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 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). CONTACT TULIP Administrator _ NAME Specialty — - peClaltyAdvantagelnsuranceServlces PHONE 800 507-8414 FAX 1100 Glendon Ave WO No Ext) ( __ AIC Nok Suite 900 ADDRESS _tulip@onebeacon com _ Los Angeles,CA 90024 _ INSURER(SI AFFORDING COVERAGE NAIO# INSURER A, Atlantic Specialty Insurance Company 27154 INSURED INSURER BJustin James INSURER 121205 Hangman Valley Rd —' Valleylord,WA 99036 INSURER D INSURER E' INSURER F COVERAGES CERTIFICATE NUMBER: 155202 REVISION NUMBER: THIS IS TO CERTIFY TRAY 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 IMSR - ADOL SUBIC - POLICY EFFMDPOLICY EXP LIMITS LTR TYPE OF INSURANCE INSR D POLICY NUMBER IMWODIYYYYIII IMMJDILYYYYI A GENERAL LIABILITY X GL03426-06 07/28/2019 07/29/2019 EACH OCCURRENCE 181,000,000 X DAMAGE TO RENTED o 50,000 COMMERCIAL GENERAL LIABILITv PREMISE4 Ea Dau u __,S I'I CLAIMS-MADE X OCCUR _MEC EXP IPny one person) i1E%CWded PERSONAL P.ADV INJURY s 1,000,000 GENERAL AGGREGATE S None GEN'L AGGREGATE LIMIT APPLIES PER :moans-COMPIOP ACC 51,000,000 -,POLICY X j?� I LOC S AUTOMOBILE LIABILITY COMBINED 9 NGLE LIMIT _ _LEaa;Pent] S ANY AUTO 'BODILY LNJURY per person) I$ L OWNED I—SCHEDULED I BODILY INJURY(Per a accident);_ ALL NON-OWNED PPROPERTY DAMAGE I S _HIRED —AUTOS II(Per emtlentl _ It UMBRELLA LIPS __ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE Sr DED 'RETENTIONS $ WORKERS COMPENSATIONAC STATU- OTH AND EMPLOYERS'LIABILITY 'TORY LIMITS ER Iy _ ANY PROPRIETOR/PARTNERIIXECUTIVE NIA _EL EACH ACCIDENT IS OFFICER/MEMBER EXCLUDED? ri (Mandatory In NH) EL DISEASE-EA EMPLOYEE S If yes desmbe under DESCRIPTION Of OPERATIONS below EL DISEASE-POLICY LIMIT s DESCRIPTION OF OPEPATIONS I LOCATIONS(VEHICLES(Attach ACORD 101,Addition)Remarks Schedule,ifmore space Is required) Game On 07/282019 CERTIFICATE HOLDER CANCELLATION Washington Cities Insuranne Authority Location-per below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City,WA 0000 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS SPOKANE VALLEY-Terrace View Park Ballfield City Spokane Valley AUTHORIZED REPRESENTATIVE 10210 East Sprague Ave 1/1/4,46:440 VV __ �l4 Spokane Valley,WA 92206 ©1988-2010 ACORD CORPORATION. All rIghts reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD TENANT USERS LIABILITY INSURANCE CERTIFICATE BINDER THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED INSURANCE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY Date: 7/1/2019 7.59 PM Certificate Number: 155202 Broker: Marsh USA Inc -Seattle,WA Tenant User: Justin James Event Title Game On Type of Event Concerts -Country Music Daily Attendance 400 Period of Insurance: 07/28/2019 12 01 AM To 07/29/2019 12:01 AM Policy#1 GL03426-06 Insurance Company. Atlantic Specialty Insurance Company Limits General Agg None Products Completed Ops $1,000,000 Personal/Adv. Injury $1,000,000 Each Occurance $1,000,000 Fire Damage: $50,000 Medical Payments: Excluded Premium Computation General Liability $136.00 Liquor Liability $0.00 Third Party Property Damage $0.00 Excess Liability $0.00 Total Premium $136.00 Total Fees $0 00 Total Due $136.00 Certificate Holder/Additional Insured Washington Cities Insurance Authority Location-per below City,WA 0000 SPOKANE VALLEY-Terrace View Park Ballfield City of Spokane Valley 10210 East Sprague Ave Spokane Valley,WA 99206 To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy,you must contact us at: tulip@ebi-ins com or(800)507-8414.