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20-056.00 Valleyfest: Use of CenterPlace AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND VALLEYFEST This Agreement (Agreement) is made and entered into by and between the City of Spokane Valley, a municipal corporation of the State of Washington, as "City" acting through the City Manager, and Valleyfest,whose address is P.O.Box 368, Spokane Valley,WA 99037. WHEREAS, Valleyfest is a not-for-profit 501(c)(3) organization formed in 1990 for the stated mission of producing "community driven, safe, family oriented, visually dramatic festivals. Valleyfest exposes the talent that enrich the Spokane Valley region and celebrates the visual and performing arts, education,science,and recreation so the entire community can experience them."and WHEREAS, the City has provided funds and in-kind services to Valleyfest since the City's incorporation in 2003 in the interest of helping Valleyfest become and stay successful in providing the annual events. These funds have included revenues from the general fund and from the lodging tax fund; and WHEREAS, the City has traditionally allowed Valleyfest use of CenterPlace Regional Events Center(CenterPlace)for the purpose of conducting various aspects of the annual Valleyfest event,a practice the parties would like to continue into the future. For purposes of this Agreement Valleyfest week shall mean the Wednesday immediately prior to events,and run through the following Monday(six days); and WHEREAS,Valleyfest added an additional event in 2013 to its annual lineup,Cycle Celebration, which occurs the last Sunday of July each year,which begins and ends at CenterPlacelMirabeau Meadows. Cycle Celebration includes optional bicycle ride lengths of 10,25,or 50 miles;and WHEREAS, the parties wish to have a common understanding of the mutual benefits and expectations that have traditionally occurred in their long-term relationship,which is anticipated to form the framework moving into the future. In consideration of the following terms,conditions and covenants,the parties agree: 1. Purpose. This Agreement is intended to establish the terms under which the City and Valleyfest will work together for the purpose of providing certain City resources for Valleyfest so that Valleyfest may continue to accomplish its mission and purpose for the enjoyment and benefit of the general public. 2. Effective Date and Duration. This Agreement shall be in effect from the date of execution through December 31, 2023. The parties may mutually agree in writing to execute one extension of four years, which would expire December 31,2027. 3. Obligations of the City. The City shall have the following obligations with regard to this Agreement: a. make all of CenterPlace available for use to set up for events beginning 8:00 a.m.on Friday of Valleyfest week, and all use of CenterPlace shall be concluded by 6:00 p.m. on Sunday of Valleyfest week. This includes the areas commonly referred to as the West Lawn, the North Meadow,and Mirabeau Springs; b. make portions of Mirabeau Meadows and Myrna Park available for the Spokane Valley Cycle Celebration; and make one room available at CenterPlace for participant packet pick-up the day 2020 Agreement—Valleyfest Page 1 of 5 before each annual Cycle Celebration event; c. work in conjunction with the City's Police Department to provide security and traffic control (including costs)for the Valleyfest Parade on Friday night of Valleyfest week,which historically has included use of SCOPE; d. provide for extra garbage removal at the City's cost from CenterPlace,Mirabeau Meadows,the West Lawn,the North Meadow,and Mirabeau Springs of Valleyfest week; e. access and use of,pursuant to a special event permit, of Mirabeau Meadows beginning at 7:00 am on Wednesday of Valleyfest week for purposes of setting up, with all teardown and clean up completed and Mirabeau Meadows fully vacated by 10:00 pm on Monday of Valleyfest week; f. provide for extra servicing of the restrooms at Mirabeau Meadows on Saturday and Sunday of Valleyfest week; g.provide security and traffic control through the City's Police Department for the vicinity around Mirabeau Meadows for the main Valleyfest event and Cycle Celebration; h.use of electrical outlets at Mirabeau Meadows,the West Lawn,and the North Meadow; i. use of Parks and Recreation staff for minor incidental tasks, subject to the sole discretion and control of the Parks and Recreation Director; j.provide a meeting room at no cost on an as-needed and space available basis for the purpose of planning for Valleyfest and Cycle Celebration; k. provide a meeting room at no cost on a space-available basis for the purpose of conducting a fundraising event for Valleyfest and Cycle Celebration. Any food and drink cost would be borne by Valleyfest;and 1.allow Valleyfest to use the official City logo in promotional materials. 4. Obligations of Valleyfest. Valleyfest shall have the following obligations with regard to this Agreement: a.work with City staff to plan events as they relate to use of City facilities on an as-needed basis; b.recognize where appropriate that the City is a primary sponsor of Valleyfest; c. limit the number of car show vehicles to be displayed on the West Lawn or North Meadow to a maximum of 200;and d.provide an annual event that creates community identity for people of all ages. 5. Indemnification/Hold Harmless. a. Valleyfest Indemnification/Hold Harmless. Valleyfest 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 2020 Agreement—Valleyfest Page 2 of 5 or omissions in the services provided by Valleyfest and Valleyfest's agents,to the fullest extent permitted by law,subject only to the limitations provided below. Valleyfest'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. Valleyfest's duty to defend, indemnify and hold the 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)Valleyfest or Valleyfest's agents shall apply only to the extent of the negligence of Valleyfest or Valleyfest's agents. Valleyfest's duty to defend, indemnify and hold the 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. Valleyfest 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 Valleyfest's waiver of immunity under this provision extends only to claims against Valleyfest by City,and does not include,or extend to,any claims by Valleyfest's employees directly against Valleyfest. Valleyfest hereby certifies that this indemnification provision was mutually negotiated. b.City Indemnification/Hold Harmless. The City shall,at its sole expense,defend,indemnify and hold harmless,Valleyfest 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 City and City' agents,to the fullest extent permitted by law, subject only to the limitations provided below. The City's duty to defend, indemnify and hold harmless Valleyfest shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of Valleyfest or Valleyfest's agents or employees. The City's duty to defend, indemnify and hold Valleyfest harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)Valleyfest or Valleyfest's agents or employees,and(b)City or City's agents shall apply only to the extent of the negligence of City or City's agents. The City's duty to defend, indemnify and hold Valleyfest harmless shall include,as to all claims, demands, losses and liability to which it applies,Valleyfesfs personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the Valleyfest Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. The City 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 2020 Agreement—Valleyfest Page 3 of 5 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 the City's waiver of immunity under this provision extends only to claims against the City by Valleyfest,and does not include,or extend to,any claims by the City's employees directly against City. The City hereby certifies that this indemnification provision was mutually negotiated. 6. Insurance. Unless waived by the City in writing,Valleyfest shall provide a Certificate of Insurance to the City with the following minimum coverages/limits: a. Employer's Liability or Washington Employer's Stop Gap liability with a limit of no less than $1,000,000.00 per occurrence(including disease). b.Commercial or Comprehensive General Liability with a limit of no less than$1,000,000.00 per occurrence and $2,000,000.00 in the annual aggregate for bodily injury, property damage and personal injury including premises and operations, products and completed operations and contractual liability.The City of Spokane Valley shall be named as an additional insured. c. 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. Valleyfest's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Valleyfest's insurance and shall not contribute to it. 2.Valleyfest shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Valleyfest. d.Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. e. As evidence of the insurance coverages required by this Agreement, Valleyfest shall furnish acceptable insurance certificates to the City Clerk at the time Valleyfest returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will 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. Valleyfest shall be financially responsible for all pertinent deductibles, self- insured retentions,and/or self-insurance. 7. Damage.Valleyfest shall reimburse the City for all damages to City property and improvements as a result of the acts,errors or omissions of Valleyfest,its agents or event patrons. Valleyfest shall leave the premises in substantially at least as good a condition as when Valleyfest was first given permission to use the premises. Valleyfest shall have the right,upon termination of this Agreement,to remove all of its materials and equipment. 8. Posting of Signs. Valleyfest shall not post, exhibit, or allow to be posted or exhibited any signs, advertisements,show bills,or other items of any description,including any existing signs,on the Premises or any other property owned by the City except upon the written approval of the City Manager or Parks and Recreation Director. 2020 Agreement—Valleyfest Page 4 of 5 9. Minimum Support Personnel.Valleyfest agrees to employ at its sole cost, expense and liability, such minimum security, admission, and support personnel as deemed necessary by the City Manager or Parks and Recreation Director to ensure the safety of the event patrons and the Premises. 10. Copyright/Trademark.Valleyfest warrants,on its own behalf and on the behalf of any performer or any other person permitted by Valleyfest upon the Premises,that all material presented,heard or shown has been duly licensed or authorized by the owners of any copyright or trademark. Valleyfest acknowledges sole responsibility for payment of any royalty fees and agrees to indemnify and hold harmless the City,their agents and employees for all claims and attorney fees that arise through a trademark or copyright dispute. 11. Concessions. Any requirements relating to concessions shall be addressed in a special events permit issued by the City. This Agreement is made this 7 day of,,er&tl,. ,2020. ,M k C oun, City Manager 428/2°276 Attes : stine Bainbridge,City Clerk Approv a. to form: 11 Off-8 of th Attorney Valleyfest By: �� Its: c 2020 Agreement—Valleyfest Page 5 of 5 Valli Revised a -AT. u m < _. , "`" TF .,...�, m °Rmc<,:�.s€a 47-7,; raw ",1 .e a,' ; 41t, tuimg g ry � .b w . W cn�R..�r it insurance Pr ara xb CERTIFICATE(? '/ERI CE,. _Assuejate:r 05/18/201Ar THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEN D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERT IFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGRATION IS WAIVED,subject to the terms and conditions of the policy,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 N.. re. ,„_�d_ .., „COMPANIE59FFONDING.COVERAGE_.,, GENERAL LIABILITY Clear Risk Solutions American Alternative Insurance Corporation,et al. 451 Diamond Drive Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY Valleyfest American Alternative Insurance Corporation, et al. PO Box 368 MISCELLANEOUS PROFESSIONAL LIABILITY Spokane Valley,WA 99037 Princeton Excess and Surplus Lines Insurance Company COVERAGES„.. . ... ., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE„O INSURANCE ., rPOLICYItUM FRA` YEr�: P.QL.ISiY`EX ;'•, Cj I QESP,71QN Vitus , ." s ..... u.x. .,. ,. . . , �;DATEw. CATt-�`.� n ,.s-'., ,., F ,. ' GENERAL COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-09 06/01/2018 06/01/2020 PER OCCURRENCE $1,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $2,000,000 INCLUDES STOP GAP PRODUCT-CO MP/OP $1,000,000 PERSONAL&ADV.INJURY $1,000,000 (LIABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE UABIUrr ANY AUTO N1-A2-RL-0000013-09 06/01/2018 06/01/2020 COMBINED SINGLE LIMIT $1,000,000 (LIABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPtta , a ,. " z r N1-A2-RL-0000013-09 06/01/2018 06/01/2020 ALL RISK PER OCC EXCL EQ&FL $75,000,000 EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC EXCLUDED (PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS t?I1;OFESSIONAL LUIBILIT1r M _ :," ._ ,': ` _ N1-A3-RL-0000060-09 06/01/2018 06/01/2020 PER CLAIM EXCLUDED (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 „DESCRIPTION OF OPERATIONS I LOCATIONSJ VEHICLES 7 SPECIAL ITEMS " , , &::,. Regarding use of City facilities and property for the festival.City of Spokane Valley is named as Additional Insured regarding this use only and is subject to policy terms,conditions and exclusions. 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. CERTSFIc'ATE'ROL T "" p_,--°AU' till EN.TA11V Attn: Mark Calhoun Cityof Spokane Valley 1107 E Sprague Ave#106 Spokane Valley,WA 99206 3399922 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program(NPIP) Policy Number Endorsement Effective N1-A2-RL-0000013-09 6/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator Attn:Mark Calhoun City of Spokane Valley 11707 E Sprague Ave#106 Spokane Valley,WA 99206 Regarding use of City facilities and property for the festival.City of Spokane Valley is named as Additional Insured regarding this use only and is subject to policy terms,conditions and exclusions. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. RL 2163 12/12 Page 1 of 1 3399923 Issue Date 5/22/2020 Cert #:0000032022 Non Profit Insurance Program CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE 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 SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, 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). PRODUCERCOMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY INSURED American Alternative Insurance Corporation, et al. Valleyfest MISCELLANEOUS PROFESSIONAL LIABILITY PO Box 368 Princeton Excess and Surplus Lines Insurance Company Spokane Valley, WA 99037 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCEPOLICY NUMBERPOLICY EFF POLICY EXP DESCRIPTIONLIMITS DATEDATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYN1-A2-RL-0000013-106/01/20206/01/2021PER OCCURRENCE$1,000,000 OCCURRENCE FORMPER MEMBER AGGREGATE$2,000,000 INCLUDES STOP GAPPRODUCT-COMP/OP$1,000,000 PERSONAL & ADV. INJURY$1,000,000 (LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$50,000,000 AUTOMOBILE LIABILITY ANY AUTON1-A2-RL-0000013-106/01/20206/01/2021COMBINED SINGLE LIMIT$1,000,000 (LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE PROPERTY N1-A2-RL-0000013-106/01/20206/01/2021ALL RISK PER OCC EXCL EQ & FL$75,000,000 EARTHQUAKE PER OCCExcluded FLOOD PER OCCExcluded (PROPERTY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-106/01/20206/01/2021PER CLAIM$1,000,000 (LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. 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. CERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE City of Spokane Valley 11707 E Sprague Ave #106 Spokane Valley, WA 99206 3531900 Issue Date 5/26/2021 Cert #:0000032022 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE 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 SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, 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). PRODUCERCOMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY INSURED American Alternative Insurance Corporation, et al. Valleyfest MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 368 Spokane Valley, WA 99037 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCEPOLICY NUMBERPOLICY EFF POLICY EXP DESCRIPTIONLIMITS DATEDATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYN1-A2-RL-0000013-126/1/20216/1/2022PER OCCURRENCE$1,000,000 OCCURRENCE FORMPER MEMBER AGGREGATE$2,000,000 INCLUDES STOP GAPPRODUCT-COMP/OP$1,000,000 PERSONAL & ADV. INJURY$1,000,000 (LIABILITY IS SUBJECT TO A $150,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$50,000,000 AUTOMOBILE LIABILITY ANY AUTON1-A2-RL-0000013-126/1/20216/1/2022COMBINED SINGLE LIMIT$1,000,000 (LIABILITY IS SUBJECT TO A $150,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE PROPERTY N1-A2-RL-0000013-12 6/1/20216/1/2022ALL RISK PER OCC EXCL EQ & FL$75,000,000 EARTHQUAKE PER OCCExcluded FLOOD PER OCCExcluded (PROPERTY IS SUBJECT TO A $150,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATENONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-12 6/1/20216/1/2022 PER CLAIM$1,000,000 (LIABILITY IS SUBJECT TO A $150,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE$40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. 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. CERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE City of Spokane Valley 1 Spokane Valley, WA 99206 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION – (GENERAL LIABILITY) Named Insured Non Profit Insurance Program (NPIP) Policy NumberEndorsement Effective N1-A2-RL-0000013-126/1/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILIT Y COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization (Additional Insured):As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator City of Spokane Valley 1 Spokane Valley, WA 99206 Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. A.With respects to the General Liability Coverage Part only, the definition of I nsured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In performance of your ongoing operations; or 2.In connection with your premises owned or rented to you. B.The Limits of Insurance applicable to the additional Insured are those specified in either the: 1.Written contract or written agreement; or 2.Declarations for this policy, whichever is less. The se Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc., with its permission Issue Date 5/21/2022 Cert #:0000032022 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE 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 SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, 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). PRODUCERCOMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY INSURED American Alternative Insurance Corporation, et al. Valleyfest MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 368 Spokane Valley, WA 99037 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCEPOLICY NUMBERPOLICY EFF POLICY EXP DESCRIPTIONLIMITS DATEDATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYN1-A2-RL-0000013-136/1/20226/1/2023PER OCCURRENCE$1,000,000 OCCURRENCE FORMPER MEMBER AGGREGATE$2,000,000 INCLUDES STOP GAPPRODUCT-COMP/OP$1,000,000 PERSONAL & ADV. INJURY$1,000,000 (LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$50,000,000 AUTOMOBILE LIABILITY ANY AUTON1-A2-RL-0000013-136/1/20226/1/2023COMBINED SINGLE LIMIT$1,000,000 (LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE PROPERTY N1-A2-RL-0000013-13 6/1/20226/1/2023ALL RISK PER OCC EXCL EQ & FL$75,000,000 EARTHQUAKE PER OCCExcluded FLOOD PER OCCExcluded (PROPERTY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATENONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-13 6/1/20226/1/2023 PER CLAIM$1,000,000 (LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE$40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. 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. CERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE City of Spokane Valley 11707 E Sprague Ave #106 Spokane Valley, WA 99206 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION – (GENERAL LIABILITY) Named Insured Non Profit Insurance Program (NPIP) Policy NumberEndorsement Effective N1-A2-RL-0000013-136/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILIT Y COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization (Additional Insured):As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator City of Spokane Valley 11707 E Sprague Ave #106 Spokane Valley, WA 99206 Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. A. With respects to the General Liability Coverage Part only, the definition of I nsured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In performance of your ongoing operations; or 2.In connection with your premises owned or rented to you. B.The Limits of Insurance applicable to the additional Insured are those specified in either the: 1.Written contract or written agreement; or 2.Declarations for this policy, whichever is less. The se Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc., with its permission Issue Date 5/23/2023 Cert #:0000032022 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE 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 SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, 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). PRODUCERCOMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY INSURED American Alternative Insurance Corporation, et al. Valleyfest MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 368 Spokane Valley, WA 99037 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCEPOLICY NUMBERPOLICY EFF POLICY EXP DESCRIPTIONLIMITS DATEDATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYN1-A2-RL-0000013-146/1/20236/1/2024PER OCCURRENCE$1,000,000 OCCURRENCE FORMPER MEMBER AGGREGATE$2,000,000 INCLUDES STOP GAPPRODUCT-COMP/OP$1,000,000 PERSONAL & ADV. INJURY$1,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$50,000,000 AUTOMOBILE LIABILITY ANY AUTON1-A2-RL-0000013-146/1/20236/1/2024COMBINED SINGLE LIMIT$1,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE PROPERTY N1-A2-RL-0000013-14 6/1/20236/1/2024ALL RISK PER OCC EXCL EQ & FL$75,000,000 EARTHQUAKE PER OCCExcluded FLOOD PER OCCExcluded (PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATENONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-14 6/1/20236/1/2024 PER CLAIM$1,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE$40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. 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. CERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE City of Spokane Valley 10210 E Sprague Ave Spokane Valley, WA 99206 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION – (GENERAL LIABILITY) Named Insured Non Profit Insurance Program (NPIP) Policy NumberEndorsement Effective N1-A2-RL-0000013-146/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILIT Y COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization (Additional Insured):As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator City of Spokane Valley 10210 E Sprague Ave Spokane Valley, WA 99206 Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. A. With respects to the General Liability Coverage Part only, the definition of I nsured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In performance of your ongoing operations; or 2.In connection with your premises owned or rented to you. B.The Limits of Insurance applicable to the additional Insured are those specified in either the: 1.Written contract or written agreement; or 2.Declarations for this policy, whichever is less. The se Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Form: RL 2124 10 21 Includes copyrighted material of the Insurance Services Office, Inc., with its permission