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24-074.00Valleyfest AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND VALLEYFEST This Agreement (Agreement) is made and entered into by and between the City of Spokane Valley, a municipal corporation of the State of Washington, as "City" acting through the City Manager, and Valleyfest,whose address is P.O.Box 368, Spokane Valley,WA 99037. WHEREAS, Valleyfest is a not-for-profit 501(c)(3) organization formed in 1990 for the stated mission of producing "community driven, safe, family oriented, visually dramatic festivals. Valleyfest exposes the talent that enrich the Spokane Valley region and celebrates the visual and performing arts, education, science,and recreation so the entire community can experience them."and WHEREAS, the City has provided funds and in-kind services to Valleyfest since the City's incorporation in 2003 in the interest of helping Valleyfest become and stay successful in providing the annual events;and WHEREAS, the City has traditionally allowed Valleyfest use of CenterPlace Regional Events Center(CenterPlace)and Mirabeau Park(a/k/a Mirabeau Meadows)for the purpose of conducting various aspects of the annual Valleyfest event, a practice the parties would like to continue into the future. For purposes of this Agreement Valleyfest week shall mean the Wednesday immediately prior to events, and run through the following Monday(six days);and WHEREAS,Valleyfest added an additional event in 2013 to its annual lineup,Cycle Celebration, which occurs the last Sunday of July each year,which begins and ends at CenterPlace/Mirabeau Meadows. Cycle Celebration includes optional bicycle ride lengths of 10,25,or 50 miles; and WHEREAS,the parties desire to commit in writing to the terms of their agreement as it concerns Valleyfest events occurring on City property; NOW, in consideration of the following terms,conditions and covenants,the parties agree: 1. Purpose. This Agreement is intended to establish the terms under which the City will allow Valleyfest to use CenterPlace/Mirabeau Point Park to plan,coordinate,and host the Valleyfest festival and Spokane Valley Cycle Celebration for the enjoyment and benefit of the general public. 2. Effective Date and Duration. This Agreement shall be in effect from the date of execution through December 31, 2027. The parties may mutually agree in writing to execute one extension of four years, which would expire December 31,2031. 3. City's Responsibilities. The City agrees to: a. Make all of CenterPlace available for use to set up events beginning 8:00 a.m. on Friday of Valleyfest week, and all use of CenterPlace shall be concluded by 6:00 p.m. on Sunday of Valleyfest week. When appropriately scheduled and reserved, Valleyfest shall have the right to use said facilities to the exclusion of others during the scheduled/reserved time.The facilities authorized for Valleyfest use include the CenterPlace building(except as excluded herein)and the areas commonly referred to as the West Lawn, the North Meadow, and/or Mirabeau Springs,but does not include(a)those portions of CenterPlace used for senior center purposes when being used for said purpose;and(b)those spaces designated solely for City staff use. 2024 Agreement—Valleyfest Page 1 of 6 b. Make portions of Mirabeau Meadows and Myrna Park available for the Spokane Valley Cycle Celebration; and make one room available at CenterPlace for participant packet pick-up the day before each annual Cycle Celebration event. When appropriately scheduled and reserved, Valleyfest shall have the right to use said facilities to the exclusion of others during the scheduled/reserved time. c. Work in conjunction with the City's Police Department to provide(without cost to Valleyfest) law enforcement officers and other assets (which has historically included and may continue to include S.C.O.P.E. at the City Police Department's discretion)for traffic control during the Valleyfest Parade on Friday night of Valleyfest week,Neither the City nor the City's Police Department shall be responsible for planning any portion or aspect of the Valleyfest Parade. Nonetheless, Valleyfest shall follow all recommendations provided by the City's Police Department concerning traffic control. d. Provide for extra garbage removal at the City's cost from CenterPlace, Mirabeau Meadows, the West Lawn,the North Meadow,and Mirabeau Springs of Valleyfest week. e. Provide Valleyfest with access to and use of, pursuant to a special event permit, Mirabeau Meadows beginning at 7:00 am on Wednesday of Valleyfest week for purposes of setting up, with all teardown and clean up completed and Mirabeau Meadows fully vacated by 10:00 pm on Monday of Valleyfest week. When appropriately scheduled and reserved,Valleyfest shall have the right to use said facilities to the exclusion of others during the scheduled/reserved time. f. Provide extra servicing of the restrooms at Mirabeau Meadows on Saturday and Sunday of Valleyfest week. g. Provide traffic control and patrol services(without cost to Valleyfest)through the City's Police Department at Mirabeau Meadows for the main Valleyfest event and Cycle Celebration. The number of officers providing traffic control and patrol services during Valleyfest events will be identified during the special event permit application/approval process. The Parties expressly acknowledge that the City and its contractors are not responsible for the overall security or safety of Valleyfest events or those participating in/attending said events, and that nothing in this Agreement may be interpreted otherwise. h. Use of electrical outlets at Mirabeau Meadows,the West Lawn,and the North Meadow. i. Use of Parks and Recreation staff for minor incidental tasks, subject to the sole discretion and control of the Parks and Recreation Director. j. Provide a meeting room at no cost on an as-needed and space available basis for the purpose of planning for Valleyfest and Cycle Celebration. k. Provide a meeting room at no cost on a space-available basis for the purpose of conducting a fundraising event for Valleyfest and Cycle Celebration. Any food and drink cost would be borne by Valleyfest. 1. Allow Valleyfest to use the official City logo in promotional materials. m. Subject to review and approval during the special permit application process, allow vendors approved by Valleyfest to sell goods,services,food and/or beverages to attendees of Valleyfest 2024 Agreement—Valleyfest Page 2 of 6 events, provided that the sale or distribution of the same is not otherwise prohibited by Washington or federal law.In exercising its review and approval,the City will comply with its obligation to not discriminate between vendors (or the attendees who might use vendor services) based on any factor prohibited by Washington or federal law, including but not limited to gender, race, ethnicity, religion, disability, sexual orientation, sexual identity, or political beliefs. 4. Valleyfest's Responsibilities. Valleyfest shall have the following obligations with regard to this Agreement: a. Event Planning. Valleyfest shall plan and provide an annual event that creates community identity for people of all ages. b. Coordination with City.Valleyfest shall apply to the City for a special event permit,approval of which the City will not unreasonably withhold. During the special permit application and approval process, Valleyfest shall work with the City (1)to coordinate the Parties' efforts to satisfy their obligations under paragraphs 3 and 4 of this Agreement; and (2)to establish the dates and times of Valleyfest events as they relate to use of City facilities. c. City as Sponsor. Valleyfest shall identify in marketing, banners, and promotional materials, where appropriate,that the City is a primary sponsor of Valleyfest. d. Car Show.Valleyfest shall limit the number of car show vehicles to be displayed on the West Lawn or North Meadow to a maximum of 200. e. Non-Discrimination.Valleyfest shall not discriminate against vendors or attendees based on any factor prohibited by Washington or federal law, including but not limited to gender,race, ethnicity,religion,disability,sexual orientation,sexual identity,or political beliefs. f. Rules of Conduct. Valleyfest shall formulate, adopt, and enforce rules of conduct for all vendors and attendees of Valleyfest. Said rules shall identify the conduct/behavior that Valleyfest prohibits at its events, and that could result in Valleyfest expelling the vendor/attendee from Valleyfest events. Valleyfest will ensure that said rules are non- discriminatory and comply with applicable Washington and federal law. Valleyfest shall provide a copy of the rules of conduct that Valleyfest adopts, and all revisions thereto, each year at least one (1) month prior to the first Valleyfest event to be held that year. Valleyfest, and only Valleyfest, shall be responsible for the content and enforcement of said rules of conduct for both attendees and vendors. g. Security. Valleyfest expressly acknowledges that it, and not the City, is responsible for exercising ordinary care for the safety and security of both vendors and attendees during all Valleyfest events. This duty requires, among other things, Valleyfest to provide crowd management,adequately monitor the conduct of attendees, and determine if and when to take action in response to prohibited conduct, and if so, what action to take. Such actions may include but are not limited to contacting law enforcement and/or requesting law enforcement to trespass a vendor/attendee or provide other assistance. h. Vendors.Valleyfest must require all vendors to sign an agreement as a condition of reserving space at any Valleyfest event. The agreement shall include a provision providing that the vendor agrees to abide by the Valleyfest adopted rules of conduct,and not discriminate against any individual at a Valleyfest event in a manner prohibited by applicable Washington or federal 2024 Agreement—Valleyfest Page 3 of 6 law. Valleyfest, and only Valleyfest, shall be responsible for the content and enforcement of all vendor agreements. 5. Indemnification/Hold Harmless. a. Valleyfest Indemnification/Hold Harmless. Valleyfest shall, at its sole expense, defend, indemnify and hold harmless,City and its officers,agents,and employees,from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of(a)Valleyfest activities(including but not limited to the Valleyfest festival,Valleyfest Parade,Spokane Valley Cycle Celebration,and all other Valleyfest activities occurring anywhere on the City's property); and/or(b)the wrongful or negligent acts,errors or omissions in the services provided by Valleyfest and Valleyfest's agents, to the fullest extent permitted by law,subject only to the limitations provided below. Valleyfest's duty to defend, indemnify and hold harmless City shall not apply to liability for damages caused by or resulting from the sole negligence of City or City's agents or employees. Valleyfest's duty to defend, indemnify and hold the City harmless against liability for damages caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Valleyfest or Valleyfest's agents shall apply only to the extent of the negligence of Valleyfest or Valleyfest's agents. Valleyfest's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel-related costs, reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Valleyfest specifically and expressly waives any immunity that may be granted to 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, however, that Valleyfest's waiver of immunity under this provision extends only to claims against Valleyfest by City,and does not include,or extend to, any claims by Valleyfest's employees directly against Valleyfest. Valleyfest hereby certifies that this indemnification provision was mutually negotiated. b.City Indemnification/Hold Harmless. The City shall,at its sole expense,defend,indemnify and hold harmless,Valleyfest and its officers,agents,and employees,from any and all claims,actions, suits,liability, loss,costs,attorney's fees and costs of litigation,expenses, injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by City and City' agents,to the fullest extent permitted by law, subject only to the limitations provided below. The City's duty to defend, indemnify and hold harmless Valleyfest shall not apply to liability for damages caused by or resulting from the sole negligence of Valleyfest or Valleyfest 's agents or employees. 2024 Agreement—Valleyfest Page 4 of 6 The City's duty to defend, indemnify and hold Valleyfest harmless against liability for damages a caused by the concurrent negligence of(a)Valleyfest or Valleyfest's agents or employees,and(b) City or City's agents shall apply only to the extent of the negligence of City or City's agents. The City's duty to defend, indemnify and hold Valleyfest harmless shall include, as to all claims, demands, losses and liability to which it applies, Valleyfest's personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the Valleyfest Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. The City specifically and expressly waives any immunity that may be granted to 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,however,that the City's waiver of immunity under this provision extends only to claims against the City by Valleyfest,and does not include,or extend to, any claims by the City's employees directly against City. The City hereby certifies that this indemnification provision was mutually negotiated. 6. Insurance. Unless waived by the City in writing,Valleyfest shall provide a Certificate of Insurance to the City with the following minimum coverages/limits: a. Employer's Liability or Washington Employer's Stop Gap liability with a limit of no less than $1,000,000.00 per occurrence(including disease). b. Commercial or Comprehensive General Liability with a limit of no less than$1,000,000.00 per occurrence and $1,000,000.00 in the annual aggregate for bodily injury, property damage and personal injury including premises and operations, products and completed operations and contractual liability. The City of Spokane Valley shall be named as an additional insured. c. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability,professional liability,and commercial general liability insurance: 1. Valleyfest's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Valleyfest's insurance and shall not contribute to it. 2.Valleyfest shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Valleyfest. d.Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. e. As evidence of the insurance coverages required by this Agreement, Valleyfest shall furnish acceptable insurance certificates to the City Clerk at the time Valleyfest returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Valleyfest shall be financially responsible for all pertinent deductibles,self- insured retentions, and/or self-insurance. 2024 Agreement—Valleyfest Page 5 of 6 7. Damage.Valleyfest shall reimburse the City for all damages to City property and improvements as a result of the acts,errors,or omissions of Valleyfest, its agents or event patrons. Valleyfest shall leave the premises in substantially at least as good a condition as when Valleyfest was first given permission to use the premises. Valleyfest shall have the right,upon termination of this Agreement,to remove all of its materials and equipment. 8. Relationship of the Parties.The Parties agree that nothing herein is intended to create an employer- employee relationship, partnership, or joint venture. This agreement is between entirely separate and independent organizations allowing Valleyfest to use City real property to host community events to enrich the community.Neither party shall be responsible for the actions of the other party unless expressly stated otherwise herein. 9. Minimum Support Personnel. Valleyfest agrees to employ at its sole cost, expense and liability, enough personnel to provide security, admission, and support services that are reasonably necessary to ensure the safety of the event patrons and the Premises. 10. Copyright/Trademark. Valleyfest warrants, on its own behalf and on the behalf of any performer or any other person permitted by Valleyfest upon the Premises,that all material presented,heard,or shown has been duly licensed or authorized by the owners of any copyright or trademark. Valleyfest acknowledges sole responsibility for payment of any royalty fees and agrees to indemnify and hold harmless the City,their agents and employees for all claims and attorney fees that arise through a trademark or copyright dispute. 11. Concessions. Any requirements relating to concessions shall be addressed in a special events permit issued by the City. This Agreement is made this ZG day of (4 YiC 14 , 2024. dy-it _ J n Hohman,City Manager Att st: ( ufJl• ` n1 %1r�ct� Marci tterson,City Clerk Ap r ved o form: Of e oft City Attorney Valleyfest • By: 110e_u Its: � tofu -1.�,,� vJ v 2024 Agreement—Valleyfest Page 6 of 6 Issue Date 5/23/2023 Cert#:0000032022 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGRATION IS WAIVED,subject to the terms and conditions of the policy,certain coverage may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation,et al. Ephrata,WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY American Alternative Insurance Corporation,et al. Valleyfest MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 368 Spokane Valley,WA 99037 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-14 6/1/2023 6/1/2024 PER OCCURRENCE $1,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $2,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $1,000,000 PERSONAL&ADV.INJURY $1,000,000 (LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-14 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT $1,000,000 (LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-14 6/1/2023 6/1/2024 ALL RISK PER OCC EXCL EQ&FL $75,000,000 EARTHQUAKE PER OCC Excluded FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-14 6/1/2023 6/1/2024 PER CLAIM $1,000,000 (LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Regarding use of City facilities and property for the festival.City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms, conditions and exclusions. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Spokane Valley 10210 E Sprague Ave Spokane Valley,WA 99206 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program(NPIP) Policy Number Endorsement Effective N 1-A2-RL-0000013-14 6/1/2023 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator City of Spokane Valley 10210 E Sprague Ave Spokane Valley,WA 99206 Regarding use of City facilities and property for the festival.City of Spokane Valley is named as Additional Insured regardingthis use only and is subject to policy terms,conditions and exclusions. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Form:RL 2124 10 21 Includes copyrighted material of the Insurance Services Office,Inc.,with its permission Issue Date 5/23/2024 Cert #:0000032022 NON PROFIT INSURANCE PROGRAM CERTIFICATE OF COVERAGE 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 NPIP COVERAGE AGREEMENT BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT nN THIS CFRTIFICATF nnFR NnT CnNFFR Rlr;HTS TO THE CFRTIFICATF HOLDFR IN LIEU OF SUCH ENDORSEMENT(S). PROGRAM ADMINISTRATOR COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive NPIP / Munich Re. et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY NPIP / Munich Re. et al. PROPERTY COVERED PARTY Valleyfest NPIP / Munich Re. et al. PO Box 368 MISCELLANEOUS PROFESSIONAL LIABILITY Spokane Valley, WA 99037 NPIP / Munich Re. et al. COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TFRMA FXCI I ISIONR ANn CONDITIONS OF SUCH COVFRAGF AGREEMENT. LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINE OF COVERAGE COVERAGE NUMBER EFF DATE EXP DATE DESCRIPTION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NPIP242560541 6/1/2024 6/1/2025 PER OCCURRENCE $1,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $2,000,000 INCLUDES STOP GAP —EMPLOYERS LIABILITY PRODUCT-COMP/OP $1,000,000 PERSONAL & ADV. INJURY $1,000.000 (LIABILITY IS SUBJECT TO A $350.000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO NPIP242560541 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT $1,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY NPIP242560541 6/1/2024 6/1/2025 ALL RISK PER OCC EXCL EQ & FL $100,000,000 EARTHQUAKE PER OCC Excluded FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY NPIP242560541 6/1/2024 6/1/2025 PER CLAIM $1,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Covered Party regardingthis use only and is subject to coverage terms, conditions and exclusions. CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE np:i I\/FPFII IN Ar:f:nRr1AN(:F WITH THE r:nVFRAC:F Ar P;ZPMFNT PROVISInNS CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City ofSpokane Valley 10210 E Sprague Ave Spokane Valley, WA 99206 Coverage Number: NPIP242560541 Effective Date: 6/1/2024 Cert #:0000032022 Issue Date 5/23/2024 ADDITIONAL COVERED PARTY - DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY This endorsement modifies Coverage provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company, the following applies. SCHEDULE Person or Organization (Additional Covered Party): City of Spokane Valley 10210 E Sprague Ave Spokane Valley, WA 99206 Description of Activities / Operations / Designated Premises: Regarding use of City facilities and property for the festival. City of Spokane Valley is named as Additional Covered Party regardingthis use only and is subject to coverage terms, conditions and exclusions. A. With respects to the General Liability Coverage Part only, the definition of Covered Party in the Liability Conditions, Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the Person or Organization shown in the above Schedule. Such Person or Organization is a Covered Party only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations; or 2. In connection with your premises owned or rented to you. B. The Limits of Coverage applicable to the additional Covered Party are those specified in either the: 1. Written contract or written agreement; or 2. Declarations for this Coverage Agreement, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. All other terms and conditions remain unchanged.