22-067.00 Evergreen Region Volleyball Assoc: Browns Park Sand Courts Contract: 22-067.00
AGREEMENT FOR RECREATIONAL SERVICES
Evergreen Region Volleyball Association
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of
Washington, hereinafter "City" and Evergreen Region Volleyball Association, whose physical office is
located inside the HUB Sports Center at 19619 E. Cataldo Ave, Liberty Lake, WA 99106, hereinafter
"Contracting Entity"or"the Association",jointly referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1.Work to Be Performed. Contracting Entity shall provide all labor,services and material to satisfactorily
complete the attached Scope of Services listed in Exhibit A.
A.Administration. The Parks,Recreation and Facilities Director or designee shall administer and be
the primary contact for Contracting Entity. Prior to commencement of work,Contracting Entity shall
contact the Parks, Recreation and Facilities Director or designee to review Exhibit A and its
requirements. Upon notice from the Parks, Recreation and Facilities Director or designee,
Contracting Entity 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 Contracting Entity in entering into
this Agreement. By execution of this Agreement,Contracting Entity 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.
Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and
sufficient compensation for its timely provision of all professional services required to complete the
Scope of Services under this Agreement.
Contracting Entity shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein.
Contracting Entity 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. Contracting Entity shall exercise the degree of skill and diligence normally
employed by architects,professional engineers or consultants 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. Contracting Entity 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. Contracting Entity 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 December 31,2022,unless the time for performance is extended in writing by the Parties.
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 1 of 8
Either party may terminate this Agreement for material breach after providing the other party with at least ten
days'prior notice and an opportunity to cure the breach. The City may,in addition,terminate this Agreement
for any reason by ten days'written notice to Contracting Entity. In the event of termination without breach,
the City shall pay Contracting Entity for all work previously authorized and satisfactorily performed prior to
the termination date.
3. 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$2,000.00 with equal
payments due no later than 4:00 p.m.on March 31,June 30,September 30,and December 31.
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 ten days after receipt of an itemized statement from the City.
C. Interest on late payments shall be charged a late fee of one percent.
4.Payment.Not applicable,covered in Paragraph 3 already.
5.Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTING ENTITY:
Name:Christine Bainbridge,City Clerk Name: Evergreen Region Volleyball Association
Phone Number:(509)720-5000 Phone Number.(509)290-5552
Address: 10210 East Sprague Ave. Address: 1818 W.Francis Ave,#215
Spokane Valley,WA 99206 Spokane,WA 99205
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. Contracting Entity 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,agreed and declared that Contracting Entity shall be an
independent contractor,and not the agent or employee of the City,that the City is interested in 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 Contracting Entity. Any and all employees who provide services
to the City under this Agreement shall be deemed employees solely of Contracting Entity. Contracting Entity
shall be solely responsible for the conduct and actions of all its employees under this Agreement and any
liability that may attach thereto.
8.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by
Contracting Entity under this Agreement are and shall be the property of the City,and may be subject to
disclosure pursuant to RCW 42.56 or other applicable public record laws. The written,graphic,mapped,
photographic, or visual documents prepared by Contracting Entity under this Agreement shall, unless
otherwise provided, be deemed the property of the City. The City shall be permitted to retain these
documents,including reproducible camera-ready originals of reports,reproduction quality mylars 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, in whole or in part,any reports,data,drawings, images or
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 2 of 8
other material prepared under this Agreement,provided that the Contracting Entity shall have no liability for
the use of the Contracting Entity'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 Contracting Entity's records with respect to all matters covered
in this Agreement. Such representatives shall be permitted to audit,examine and 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. Contracting Entity shall procure and maintain for the duration of the Agreement,insurance
against claims for injuries to persons or damage to City real property which may arise from or in connection
with the performance of the work hereunder by Contracting Entity,its agents,representatives,employees or
subcontractors.
A.Minimum Scope of Insurance. Contracting Entity 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 Contracting Entity will not transport any persons not directly related or
affiliated with Contracting Entity, then Contracting Entity 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,employee actions and personal
injury and advertising injury. The City shall be named as an additional insured under
Contracting Entity's commercial general liability insurance policy with respect to the work
performed for the City. In the event the Contracting Entity contracts with any subcontractors
for any reason,Contracting Entity shall ensure that any such subcontractors have insurance
meeting the requirements of this subsection.
3.Workers'compensation coverage as required by the industrial insurance laws of the State
of Washington.
B. Minimum Amounts of Insurance. Contracting Entity 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 Contracting Entity 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 he written with limits no less than$2,000,000
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 and commercial general liability insurance:
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 3 of 8
1.Contracting Entity'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 of Contracting Entity's insurance and shall not contribute with it.
2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within 10 business days of receipt by Contracting Entity.
D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating
of not less than A:Vl1.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Contracting Entity shall furnish acceptable insurance certificates to the City at the time Contracting
Entity 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 the City. Contracting Entity shall be financially responsible
for all pertinent deductibles,self-insured retentions,and/or self-insurance.
11.Indemnification and Hold Harmless. Contracting Entity and the City shall,each at its sole expense,
defend,indemnify and hold harmless the other Party and its officers,agents,and employees,from any and all
claims, actions, suits, liability, loss, costs, attomey's fees and costs of litigation, expenses, injuries, and
damages relating to or arising out of the wrongful or negligent acts, errors or omissions in the services
provided by the other Party,or the Parties agents,subcontractors,subconsultants and employees to the fullest
extent permitted by law,subject only to the limitations provided below.
Contracting Entity'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.
Contracting Entity'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)
Contracting Entity,Contracting Entity's agents,subcontractors,subconsultants and employees,shall apply
only to the extent of the negligence of Contracting Entity, Contracting Entity's agents, subcontractors,
subconsultants and employees.
Contracting Entity 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 Contracting Entity's waiver of immunity under this provision extends only to claims
against Contracting Entity by City,and does not include,or extend to,any claims by Contracting Entity's
employees directly against Contracting Entity.
Contracting Entity 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 conditions or provisions of this Agreement. No waiver in one instance
shall be held to be a waiver of any other subsequent breach or nonperformance. 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 for Recreational Services—Evergreen Region Volleyball Association Page 4 of 8
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 shall assign, transfer or delegate any or 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,Contracting Entity shall not enter into subcontracts
for any of the work contemplated under this Agreement without obtaining prior written approval of the City.
15.Confidentiality. Contracting Entity may,from time to time,receive information which is deemed by the
City to be confidential. Contracting Entity shall not disclose such information without the prior 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 Contracting Entity shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing,Contracting Entity 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 arise out of,or that are related to Contracting Entity's services under this Agreement. Contracting
Entity further agrees that the Arbitrator(s)decision therein shall be final and binding on Contracting Entity
and that judgment may be entered upon it in any court having jurisdiction thereof.
18. Cost and Attorney's Fees. Each party shall pay its own attorney fees or other costs relating to any
dispute arising out of this Agreement,including litigation,mediation,or arbitration,without limitation.
19.Entire Agreement. This written 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 act or
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,Contracting Entity shall
register with the City as a business.
22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,
the Contractor,for itself,its assignees,and successors in interest agrees as follows:
A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in
subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-
discrimination in federally-assisted programs as adopted or amended from time-to-time,
which are herein incorporated by reference and made a part of this Agreement.
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 5 of 8
......... ._
B. Non-discrimination. Contractor, with regard to the work performed by it during this
Agreement, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors,including procurements of materials and leases of
equipment. Contractor shall not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts,Including Procurements of Materials and Equipment. In
all solicitations,either by competitive bidding,or negotiation made by Contractor for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier shall be notified by Contractor of
Contractor's obligations under this Agreement and the Acts and the Regulations relative to
non-discrimination on the grounds of race,color,or national origin.
D. Information and Reports. Contractor shall provide all information and reports required
by the Acts,the regulations,and directives issued pursuant thereto,and shall permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the City or the WSDOT to be pertinent to ascertain compliance with such
Acts,regulations,and instructions.Where any information required of Contractor is in the
exclusive possession of another who fails or refuses to furnish the information,Contractor
shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it
has made to obtain the information.
E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the
non-discrimination provisions of this Agreement, the City will impose such contract
sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to:
1. Withholding payments to Contractor under the Agreement until Contractor
complies;and/or
2. Cancelling,terminating,or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of
these Contract Clauses in every subcontract,including procurements of materials and leases
of equipment,unless exempt by the Acts,regulations and directives issued pursuant thereto.
Contractor shall take action with respect to any subcontract or procurement as the City or the
WSDOT may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if Contractor becomes involved in, or is threatened with
litigation by a subcontractor or supplier because of such direction,Contractor may request
that the City enter into any litigation to protect the interests of the City. In addition,
Contractor may request the United States to enter into the litigation to protect the interests of
the United States.
G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the
Contractor agrees to comply with the following non-discrimination statutes and authorities;including
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 6 of 8
but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21;and 49 Part 26;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,(42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits
discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,
(prohibits discrimination on the basis of disability);and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.),
(prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982,(49 U.S.C.§471,Section 47123),as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms"programs or activities" to include all of the
programs or activities of the Federal-aid recipients,sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act,which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems,places of public accommodation,and certain testing entities
(42 U.S.C. §§12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R.parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.
§47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures Non-
discrimination against minority populations by discouraging programs,policies,and
activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 7 of 8
Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency,and resulting agency guidance,national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI,you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100);and
Title IX of the Education Amendments of 1972,as amended,which prohibits you
from discriminating because of sex in education programs or activities(20 U.S.C.
§1681 et seq.).
23.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for
any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other
section,sentence,clause or phrase of this Agreement.
24.Exhibits. Exhibits attached and incorporated into this Agreement are:
I. Exhibit A—Scope of Services and Court Rental Fee Sheet
2. Exhibit B-Insurance Certificates
The Parties have executed this Agreement this 7 thi day of/¢AQ 1,2022.
CITY OF SPOKANE VALLEY Contracting Entity:
/1� y(a4,{,o,
ohn Hohman,City Manager By: k.. ,i 06 ct �A(1
Its: AuthorizepresentatiiVe
ATTES APPROVED AS TO FORM:
Christine Bainbridge,City Clerk Office o th City A omey
Agreement for Recreational Services—Evergreen Region Volleyball Association Page 8 of 8
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 one
southern-most court adjacent to 32' Avenue,which shall always be available for public use.
The Consultant shall:
1) Provide volleyball standards and nets for all sand volleyball courts(hereafter referred to as
courts)at Browns Park for the duration of the Agreement.
2) Promote Browns Park in conjunction with the City as a world-class outdoor sand volleyball
venue in order to attract national, 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,the Spokane Regional
Sports Commission and City of Spokane Valley Economic Development and Parks
and Recreation;
- Consultant distribution of developed or City-provided promotional materials in
Consultant's user-group materials, including but not limited to Consultant's
website, in Consultant's 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.
3) 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.
4) 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.
5) Maintain,repair and keep in reasonably safe,playable condition the sand volleyball courts
during the outdoor volleyball season for the duration of this Agreement. ERVA has
knowledge of the needs and best practices for sand volleyball court maintenance and may
request maintenance or financial assistance from the City from time to time to assist in
preparation for large events and tournaments.
6) Collect information from user groups on hotel/motel stays or other tourism benefits related
to organized use of the courts. 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.
1
B. The Consultant shall operate the City's sand volleyball program through the management and
oversight of the 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.
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,Recreation,and Facilities 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 Parks,Recreation and Facilities Director by April 1 of each year.
2
K. The City must annually approve the court rental fees by year end for the upcoming year. Rental
rates for 2022 are attached to this Exhibit.
L. Consultant shall be responsible for rental of Browns Park sand volleyball courts. The Parties agree
that Consultant shall collect a City Fee for any rented court in the amount of(1)$5 per court per hour for
hourly rentals,and(2)$10 per court per day for daily rentals. Any rental shall take priority over any other
use. 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 or within ten days after receipt of an itemized statement from the City. The Consultant shall
ultimately be responsible for collection of the City fee. Consultant is authorized to give credit to any user
for maintenance assistance,provided, however,that the City Fee must still be charged and collected from
the user for such rental.
The 2021 Court Rental Fee Sheet is replaced with the attached 2022 Court Rental Fee Sheet.
M. The use of merchandise vendors or food and beverage vendors is not permitted unless written
approval from the City has been obtained. The user is responsible to obtain such approval at least 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 storage structure for storage purposes upon written approval
from the City. Consultant may authorize other user groups to utilize the storage structure for storage
purposes subject to written approval by the City. Consultant shall require the same insurance,liability,and
"hold harmless"coverage that it provides the City pursuant to this Agreement. 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 so long as they
do not damage the lawn.
O. The Consultant is required to provide an annual report to the Director of Parks, Recreation and
Facilities by November 1 of each year detailing the number of teams,matches,tournaments,revenue, and
expenses for the season being concluded,as well as any user data collected pursuant to Section A(6)above.
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PRINT DATE: 3/31/2022
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER: 20210914867381
AGENCY:..__...^.-,_,
Edgewood Partners Insurance Center THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
5909 Peachtree Dunwoody Road,Suite 800 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
Atlanta,GA 30328 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 1818 W Francis Ave
Colorado Springs CO 80907 #215
Spokane WA 99205
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 GENERAL LIABILITY
X Occurrence SBCGL0348304 l9/1/2021 9/1/2022 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
X Occurrence SBFXS0050504 9/1/2021 9/1/2022 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 as required by written contract or written agreement as per form CG2026(04/13):Additional Insured-Designated Person
or Organization,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 1,2021 /Policy expiration date:September 1,2022.
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 __..—___......._._...__...__..._.__..._._____._..._..._._........_...._.__.__.____�
Spokane Valley WA 99216 AUTHORIZED REPRESENTATIVE: ___
PRINT DATE: 3/31/2022
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER: 20210830861790
AGENCY
Edgewood Partners Insurance Center THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
5909 Peachtree Dunwoody Road,Suite 800 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
Atlanta,GA 30328 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 1818 W Francis Ave
Colorado Springs CO 80907 #215
Spokane WA 99205
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) SBAUT0040004 !9!1/2021 9/1/2022 COMBINED SINGLE LIMIT(Per Accident) $1,000,000
'12:01AM 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
CERTIFICATE OF INSURANCE
AGENCY:
Edgewood Partners Insurance Center
5909 Peachtree Dunwoody Road, Suite 800
Atlanta, GA 30328
678-324-3300 (Phone), 678-324-3303 (Fax)
NAMED INSURED:
USA Volleyball (National Office) Evergreen Region Volleyball (ERVA)
4065 Sinton Road 1818 W Francis Ave
Colorado Springs CO 80907 #215
Spokane WA 99205
EVENT INFORMATION:
PRINT DATE: 8/30/2024
CERTIFICATE NUMBER:202408301059376
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: Accredited Surety and Casualty Company, Inc. NAIC# 26379
Sand Leagues (- )
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 GENERAL LIABILITY
X Occurrence 1-RSL-CO-17-0153 03537 0 9/1/2024 T 9/1/2025 GENERAL AGGREGATE (Per Event) $4,000,000
12:01 AM 12:01 AM
X Participant Legal Liability
GENERAL AGGREGATE (Policy Cap)
EACH OCCURRENCE
DAMAGE TO RENTED PREMISES (Each Occ.)
MEDICAL EXPENSE (Any one person)
PERSONAL & ADV INJURY
PRODUCTS-COMP/OP AGG
A UMBRELLA/EXCESS LIABILITY
X Occurrence 1-RSL-CO-17-01537354-00 9/1/2024 9/1/2025 EACH OCCURRENCE
12:01 AM 12:01 AM
AGGREGATE (Applies Per Event)
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
Evidence of Coverage Only.
$15,000,000
$2,000,000
$2,000,000
EXCLUDED
$2,000,000
6$2,000,000
$3,000,000
$3,000,000
Coverage applies to the above Named Insured but only with respect to activities sanctioned or approved by USA Volleyball (USAV) or its Regional Volleyball
Association (RVA).
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 $2,000,000 Each Occurrence / $4,000,000 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, 2024 / Policy expiration date: September 1, 2025.
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 99216
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