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15-076.03 Evergreen Regional Volleyball Assoc: Recreational Services CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND EVERGREEN REGION VOLLEYBALL ASSOCIATION Spokane Valley Contract#15-076.03 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Contracting Entity 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,originally executed by the Parties on May 27, 2015, and as amended on March 22, 2017, and as further amended on December 27, 2018,and which terminates on December 31,2020. Said contract as amended is 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. The Parties agree that pursuant to the ongoing COVID-19 pandemic,the Contracting Entity was limited in fulfilling its responsibilities under the Original Contract, and the Parties desire to have the Contracting Entity continue to provide such services in 2021. 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. Amendment Provisions: This Amendment is subject to the following amended provisions,which are as follows: 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. Section 2 is hereby deleted and replaced with the following: Term of Contract: This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31,2021,unless the time for performance is extended in writing by the 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. City may,in addition, terminate this Agreement for any reason by 10 days'written notice to Contracting Entity. In the event of termination without breach,City shall pay Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. Section 3 is hereby amended as follows: Compensation. In consideration for the use of the sand volleyball courts and for the operation and management of the City sand volleyball program,the Contracting Entity shall pay the City the following amounts for the initial term: A. The Contracting Entity shall pay the City an annual amount of$2,000 with equal payments due no later than 4:00 p.m.on March 31,June 30,September 30,and December 31. 1 B. The Contracting Entity shall pay the City$100 per month for the months of May through September for usage of the City-provided dumpster for event waste. Payments shall be made by the last day of each month or within 10 days after receipt of an itemized statement from the City. C. Interest on late payments shall be charged a late fee of one percent. Exhibit A is hereby amended as follows: -Replace Section K with the following: The City must annually approve the court rental feQ year end for the upcoming year. Rental rates for 2021 are attached to this Exhibit. -Replace Section L with the following: 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 non-profit and 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 or collects rates shall pay a use fee of$200 per day("City fee"). This is in addition 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. The 2019 Court Rental Fee Sheet is replaced with the attached 2021 Court Rental Fee Sheet. 4. Compensation Amendment History: This is Amendment #3 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 5/17/15 $2,500.00 Amendment#1 5/8/17 $2,500.00 Amendment#2 12/17/18 $2,500.00 Amendment$3 11/6/20 $2,500.00 Total Amended Compensation S2,5001L4te The parties have executed this Amendment to the Original Contract this (> day of•Nevembe rr, 2020. CITY OF SPOKANE VALLEY: EVERGREEN REGIO 0 LEYBALL V ASS IAT Ofit /A C Mark Calhoun :y: 1,i rd,Sc2 j Cc l 03 an City Manager Its:C) 3 Ctk)C C1ayi(- APPROV TO FORM: Office of e i ttomey 7 D 0 (U 4-10 0 I _ cU N _ c X Q� L oa) •...... ,_ . z 0 ...- 4-1 L O Cu MEM Q� U U U o VI CL 0 O a.) 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U H p 0 L >- >- >- > Ca f13 af CD CU o C Da- na- D0_ D 0_ _ 73 0 0 0 Q 00 0 °O 000 000 1 PRINT DATE: 9/1/2020 CERTIFICATE OF INSURANCE r - CERTIFICATE NUMBER: 20200821782632 AGENCY: Edgewood Partners Insurance Center I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 2727 Paces Ferry Road,Building Two,Suite 1500 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES ry NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES Atlanta,GA 30339 ' BELOW. 678-324-3300(Phone),678-324-3303(Fax) -- NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Volleyball(National Office) Evergreen Region Volleyball(ERVA) INSURER A:Arch Insurance Company NAIC#: 11150 4065 Sinton Road,Suite 200 408 N Mullan Rd Colorado Springs CO 80907 Suite 101 Spokane Valley WA 99206 m ..r m POLICY/COVERAGE INFORMATION: -_....----------_-- 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): EFFECTIVE: I EXPIRES: IUMITS: -- A GENERAL LIABILITY — — --- X Occurrence SBCGL0348303 9/1/2020 9/1/2021 GENERAL AGGREGATE(Applies Per Event) $5,000,000 , 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 A UMBRELLA/EXCESS LIABILITY SBFXS0050503 9/1/2020 9/1/2021 X Occurrence EACH OCCURRENCE $5,000,000 12:01 AM 12:01 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#IHH000539-941 with QBE Insurance Corporation on file with the policyholder-Accident Medical Coverage $25,000,deductible$250-Accidental Death&Dismemberment$10,000.Policy effective date:September 1,2020/Policy expiration date:September 1,2021. CERTIFICATE HOLDER: !NOTICE OF CANCELLATION: City of Spokane Valley Parks&Recreation Should any of the above described policies be cancelled before the expiration date thereof, 2426 N Discovery Place notice will be delivered in accordance with the policy provisions. Browns Park Sand Coourts AUTHORIZED REPRESENTATIVE: Spokane Valley WA 99316 , Z. PRINT DATE: 9/2/2020 CERTIFICATE OF INSURANCE CERTIFICATE NUMBER: 20200901803063 AGENCY: Edgewood Partners Insurance Center THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 2727 Paces Ferry Road,Building Two,Suite 1500 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES Atlanta,GA 30339 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 678-324-3300(Phone),678-324-3303(Fax) NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Volleyball(National Office) Evergreen Region Volleyball(ERVA) INSURER A:Arch Insurance Company NAIC#: 11150 4065 Sinton Road,Suite 200 408 N Mullen Rd Colorado Springs CO 80907 Suite 101 Spokane Valley WA 99206 POLICY/COVERAGE INFORMATION: 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): EFFECTIVE: EXPIRES: LIMITS: A AUTOMOBILE LIABILITY X HIRED AUTOS(Symbol 8) SBAUT0040003 9/1/2020 9/1/2021 COMBINED SINGLE LIMIT(Per Accident) $1,000,000 12:01 AM 12:01 AM X NON-OWNED AUTOS Comprehensive Deductible $1,000 (Symbol 9) Collision Deductible $1,000 X AUTOMOBILE PHYSICAL DAMAGE(Symbol 8) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: Evidence of Coverage-Hired and Non-Owned Autos CERTIFICATE HOLDER: NOTICE OF CANCELLATION: City of Spokane Valley Parks&Recreation Should any of the above described policies be cancelled before the expiration date thereof, 2426 N.Discovery Place notice will be delivered in accordance with the policy provisions. Browns Park Sand Courts AUTHORIZED REPRESENTATIVE: Spokane Valley WA 99216 r'~r t �„