23-210.00EvergreenRegionalVolleyballAssociationRecreationalServices Contract No. 23-210.00
AGREEMENT FOR RECREATIONAL SERVICES
Evergreen Regional 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 Regional Volleyball Association, 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 satisfactorily
complete the Scope of Services,attached as Exhibit A.
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. 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 City.
Contractor represents that the compensation as stated in paragraph 3 is adequate and sufficient for
the timely provision of all professional 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
by professional contractors engaged in the same profession and performing the same or similar
services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Contractor shall accept modifications when ordered in writing by the City
Manager or designee, so long as the additional work is within the scope of Contractor's area of
practice. 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 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 City. Contractor
shall complete its work by December 31,2024 unless the time for performance is extended in writing by
the Parties.
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Contract No. 23-210.00
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 Contractor. In the event of termination without breach, City
shall pay Contractor for all work previously authorized and satisfactorily performed prior to the termination
date.
3.Compensation. Contractor agrees to pay City the following amounts(which includes Washington State
Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth
in Exhibit B. Contractor shall not perform any extra,further,or additional services for which it will request
additional compensation from City without a prior written agreement for such services and payment
therefore.
A. The Contractor 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 Contractor 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.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)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. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name:Marci Patterson,City Clerk Name:Evergreen Regional
Volleyball Association
Phone:(509)720-5000 Phone:509-290-5552
Address: 10210 East Sprague Avenue Address: 1818 E 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. Contractor states that its designs,
construction documents,and services shall conform 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 City,that 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 Contractor. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Contractor. The Contractor shall be solely responsible
for the conduct and actions of all its employees under this Agreement and any liability that may attach
thereto.
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Contract No. 23-210.00
8. Ownership of Documents. All drawings, plans, specifications,and other related documents prepared
by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure
pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Contractor under this Agreement shall, unless otherwise
provided, be deemed the property of City. 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. City shall have unrestricted authority to publish,disclose,distribute,
and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under
this Agreement, provided that Contractor shall have no liability for the use of 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 Scope 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.
2.Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent
contractors and personal injury, and advertising injury. City shall be named as an
additional insured under Contractor's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
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 no less than$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
$2,000,000 for each occurrence,and$2,000,000 for general aggregate.
C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following
provisions for automobile liability and commercial general liability insurance:
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Contract No. 23-210.00
1. Contractor's insurance coverage shall be primary insurance with respect to the City.
Any insurance, self-insurance,or insurance pool coverage maintained by City shall be in
excess 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.
3. If Contractor maintains higher insurance limits than the minimums shown above, City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Contractor, irrespective of whether such limits maintained by are
greater than those required by this Agreement or whether any certificate of insurance
furnished to the City evidences limits of liability lower than those maintained by
Contractor.
4.Failure on the part of Contractor to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to Contractor to correct the breach, immediately terminate the
Agreement,or at its sole discretion,procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand,or at the sole discretion of the City,offset against funds due Contractor from the
City.
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 Clerk at the time Contractor
returns the signed Agreement,which shall be Exhibit D. 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 City. Contractor shall be
financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance.
I I. 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, 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, subcontractors, and employees to the fullest extent
permitted by law,subject only to the limitations provided below.
3 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 liability 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.
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Contract No. 23-210.00
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
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,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.
K 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 conditions or provisions of this Agreement. A waiver in one instance
shall not 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
r.r. 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 shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without prior 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 approval of City.
15.Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to
be confidential. Contractor shall not disclose such information without the prior express written consent of
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 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 City's request, be joined as a
a party in any arbitration proceeding between City and any third party that includes a claim or claims that
arise out of,or that are related to Contractor's services under this Agreement. Contractor further agrees
that the Arbitrator(s)' decision therein shall be final and binding on Contractor and that judgment may be
entered upon it in any court having jurisdiction thereof.
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Contract No. 23-210.00
181 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 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 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. Contractor shall register with the City as a business prior to commencement of
work under this Agreement if it has not already done so.
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.
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:
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Contract No. 23-210.00
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 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 defmition 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-
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Contract No. 23-210.00
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;
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:
A. Scope of Services and Court Rental Fee Sheet
B. Insurance Certificates
The Parties have executed this Agreement this,, day of I`t \I e YYI Of(,20 a3
CITY OF SPOKANE VALLEY Contractor:
(GIOCI{ C4-1
3 Holman,City Manager By:l,,r\ Sa (A ‘61,3 n
Its: Authorized'lepresentative
APPROVED AS TO FORM:
of the City Attorney
Agreement for Recreational Services 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°d Avenue,which shall always be available for public use.
The Contractor 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:
- Contractor working with City to develop appropriate promotional materials for
Browns Park;
- Contractor 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;
- Contractor distribution of developed or City-provided promotional materials in
Contractor's user-group materials, including but not limited to Contractor's
website, in Contractor's user-group email lists, and in Contractor'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, Contractor 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 Contractor's annual report to the
City.
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B. The Contractor 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 Contractor shall
not exclude any member of the public from using the courts at a time when no event has been officially
scheduled. Contractor shall further be subject to the limitations set forth below.
C. The Contractor 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 Contractor 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. Contractor may reschedule any group in categories (f)
through(h)to accommodate uses in categories(a)through(e).
D. Contractor 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. Contractor 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 Contractor 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 Contractor, and for
no other purposes without the prior written consent of the Parks and Recreation Department. The
Contractor 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 Contractor. Both parties agree that while the sand volleyball courts are under
the Contractor's management,neither party shall permit any use thereof which would interfere with the use
by the other party for recreational purposes.
F. The Contractor shall not use the sand volleyball courts for any illegal purposes.
G. The Contractor shall comply with all applicable laws and regulations relating to its use of the sand
volleyball courts.
H. All users scheduled through Contractor shall sign and provide a"hold harmless"agreement to the
City prior to use. The City shall provide Contractor the form of the"hold harmless"agreement. Contractor
shall obtain all"hold harmless"agreements prior to allowing any use of Browns Park.
I. Contractor shall require users to provide insurance for any activities they engage in during use of
Browns Park. Alternatively, Contractor may provide insurance for users. All insurance shall be in the
amounts,type, and form as required pursuant to this Agreement.
J. The Contractor 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.
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K. The City must annually approve the court rental fees by year end for the upcoming year. Rental
rates are attached to this Exhibit.
L. Contractor shall be responsible for rental of Browns Park sand volleyball courts. The Parties agree
that Contractor 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. Contractor 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 Contractor shall
ultimately be responsible for collection of the City fee. Contractor 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.
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. Contractor shall provide notice to the user of such requirement.
N. Contractor is authorized to use City's storage structure for storage purposes upon written approval
from the City. Contractor may authorize other user groups to utilize the storage structure for storage
purposes subject to written approval by the City. Contractor 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
Contractor. The use of temporary shelters during scheduled events are specifically allowed so long as they
do not damage the lawn.
O. The Contractor 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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Rental
City of Spokane Valley Browns Park Volleyball Complex
Hours Rental Options Price
Monday-Sunday
8 AM-8 PM Hourly Use $15 / Court/ Hour1
Monday-Sunday DayUse 2
$60/Court../ Day.
8 AM-8 PM
'Note:$5ofthe hourly rental fee s paid to the City ofSpolaneValleyfor City Rental Casts
Note.$10of the daily rentalfee's paid to the atyofSpolaneValleyfixCityRental Costs
To reserve, contact:
Evergreen Region Volleyball Association
office@evergreenregion.org 1509-290-5552
PRINT DATE: 11/27/2023
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER: 20230822986309
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:Accredited Surety and Casualty Company,Inc.NAIC#26379
4065 Sinton Road 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 1-TRE-CO-17-01338534-01 19/1/2023 9/1/2024 GENERAL AGGREGATE(Per Event) $4,000,000
12:01 AM 12:01 AM
X Participant Legal Liability GENERAL AGGREGATE(Policy Cap) $15,000,000
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED PREMISES(Each Occ.) $2,000,000
MEDICAL EXPENSE(Any one person) EXCLUDED
PERSONAL&ADV INJURY $2,000,000
PRODUCTS-COMP/OP AGG $2,000,000
A UMBRELLA/EXCESS LIABILITY
1-TRE-CO-17-01338535-01 19/1/2023 9/1/2024
I X Occurrence EACH OCCURRENCE $3,000,000
12:01 AM 12:01 AM
AGGREGATE(Applies Per Event) $3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
Evidence of Coverage Only.
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 1,2023/Policy expiration date:September 1,2024.
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
I �
PRINT DATE: 8/29/2023
CERTIFICATE OF INSURANCE I
CERTIFICATE NUMBER: 20230822985640
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:Accredited Surety and Casualty Company,Inc.NAIC#26379
4065 Sinton Road 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 !1-TRE-CO-17-01338534-01 9/1/2023 9/1/2024 GENERAL AGGREGATE(Per Event) $4,000,000
12:01 AM :12:01 AM
X Participant Legal Liability GENERAL AGGREGATE(Policy Cap) $15,000,000
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED PREMISES(Each Occ.) $2,000,000
MEDICAL EXPENSE(Any one person) EXCLUDED
PERSONAL&ADV INJURY $2,000,000
PRODUCTS-COMP/OP AGG $2,000,000
A UMBRELLA/EXCESS LIABILITY
X Occurrence 1-TRE-CO-17-01338535-01 9/1/2023 9/1/2024 EACH OCCURRENCE $3,000,000
12:01 AM 12:01 AM
AGGREGATE(Applies Per Event) $3,000,000
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: 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$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 1,2023/Policy expiration date:September 1,2024.
CERTIFICATE HOLDER: I 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
23-2 i c;
PRINT DATE:18/30/2024
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)
4065 Sinton Road
Colorado Springs CO 80907
EVENT INFORMATION:
Sand Leagues(-)
POLICY/COVERAGE INFORMATION:
Evergreen Region Volleyball (ERVA)
1818 W Francis Ave
#215
Spokane WA 99205
CERTIFICATE NUMBER: 1202408301059376
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
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-17-01537353-00 9/1/2024 9/1/2025 GENERAL AGGREGATE (Per Event)
12:01 AM 12:01 AM I --
X Participant Legal Liability GENERAL AGGREGATE (Policy Cap)
EACH OCCURRENCE
DAMAGE TO RENTED PREMISES (Each Occ.)
MEDICAL EXPENSE (Anyone person)
PERSONAL & ADV INJURY
PRODUCTS-COMP/OP AGG
A UMBRELLA/EXCESS LIABILITY
X Occurrence 1-RSL-CO-17-01537354-00 9/11/2024 9/1/2025 EACH OCCURRENCE
12:01 AM 12:01 AM
AGGREGATE (Applies Per Event)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
Evidence of Coverage Only.
$4,000,000
$15,000,000
$2,000,000
$2,000,000
EXCLUDED
$2,000,000
$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 OBE 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: i
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