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HomeMy WebLinkAbout25-156.00RAVEFoundationDonationAgreement:GreenacresParkMiniPitchContract No. 25-156 DONATION AGREEMENT RAVE Foundation THIS DONATION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and RAVE Foundation, a 501(c)(3) nonprofit organization ("RAVE"), jointly referred to as the "Parties". RECITALS WHEREAS, on May 13, 2025 the City of Spokane Valley City Manager approved a change order to the Greenacres Park Phase 2 project which included adding a 50 ft. by 100 ft. asphalt slab, connecting pathway, drainage gallery, and installation of goals and fencing for a soccer mini pitch. WHEREAS, RAVE formally indicated its intent to partner with the City to bring a RAVE soccer mini pitch to Greenacres Park in 2026 in an email dated March 13, 2025; and WHEREAS, RAVE wishes to donate at no cost to the City, the installation of a mini pitch at Greenacres Park, reimburse the City for cost of installation of goals and fencing, provide the City with soccer balls, nets and other start-up equipment, and develop a partnership to assist in future recreation programming for the community; NOW THEREFORE, IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Donation. RAVE shall donate all work and labor, supervision, tools, materials, supplies, and equipment and other items or fiends necessary for the installation of the RAVE mini pitch at Greenacres Park in accordance with the Scope of Work outlined in Exhibit A (the "Work") and in accordance with this Agreement. This donation includes installation of long-lasting hard -court surfacing, painting of lines and logos thereon, nets and soccer balls, programming for the community, and reimbursement to the City for the installation of soccer goals and fencing at the designated asphalt pad in Greenacres Park. By this Agreement, the City accepts such donation, and upon completion of the Work, the City shall own all of the donated property, and have the sole discretion over all matters related to all donated property, including but not limited to the use, maintenance, and upkeep of such property. Nothing herein shall prevent the parties from cooperating or collaborating on future programming or otherwise related to said property. City Senior Engineer, Glenn Ritter, and City Parks & Recreation Director, John Bottelli, shall administer this Agreement and be the primary contact for RAVE. All Work shall be performed in conformance with the all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. RAVE shall coordinate with the City in determining a commencement date and projected end date for the Work and shall not begin any Work until approved by the City. All Work shall be completed by December 31, 2025, except for the development of ongoing partnerships for future recreation progratming. The City reserves the right to terminate this Agreement at any time, with or without cause by giving 10 calendar days' notice to RAVE in writing. Donation Agreement — RAVE Foundation Page 1 of 10 3. Reimbursement. Within 30 days of receiving and approving an invoice, RAVE shall reimburse the City for all agreed upon expenses as delineated in Exhibit A as City reimbursable expenses. 4. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO RAVE: Name: Ashley Fosberg, Executive Director Phone: 206 234 3792 Address: 1901 Oakesdale Ave SW 4210, Renton, WA 98057 5. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes, and regulations. 6. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, RAVE certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 7. Prevailing Waues on Public Works. This is a donation by RAVE, made at no cost to the City. RAVE Foundation has secured funds, donations and grants to pay for the installation of the mini pitch at Greenacres Park. This project is not a public work pursuant to and in compliance with RCW 35.21.278 and WAC 296- 127-010 (7). However, if a claim is made and it is determined that prevailing wages should be due to RAVE subcontractors - RAVE and its subcontractors will be responsible for the payment and defense of prevailing wage claims and not the City. Further, as the City makes no payments to RAVE in exchange for this donation, the value of the donation is at least equal to two times that of the payment to the contracting association in compliance with RCW 35.21.278(1). Donation Agreement — RAVE Foundation Page 2 of 10 RAVE, any subcontractor, or other person doing work under this Agreement for which wages or salary are paid, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and industries ("L&I"). If employing labor in a class not shown, RAVE shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. RAVE shall provide a copy of any such determinations to City. If applicable, before commencing, during, and upon completion of the work, RAVE shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website address: https•//Ini wa gov/licensingpermits/public-works-projects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community & Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 8. Relationship of the Parties. It is understood and agreed that RAVE shall be an independent contractor and not the agent or employee of City, that City is interested only in 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 RAVE. Any and all employees of RAVE who provide services to City under this Agreement shall be deemed employees solely of RAVE. RAVE shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Loeos. Pursuant to chapters 1.06, 6.05 SVMC, Resolution 18-009, and Policy No. 500.110, the City agrees to allow RAVE to embed the City logo, RAVE's logo and RAVE's sponsors' logos after review and approval in the surface of the mini pitch. Any approval of the use of the City logo, and the display of RAVE's and its sponsors' logos includes the following conditions: RAVE shall make it clear in any communication acknowledging sponsors of the mini pitch project that the City's approval does not imply endorsement of any products, services, or activities of RAVE or RAVE's sponsors. RAVE expressly states that the City is not obligated to fulfill any sponsorship agreements RAVE may have with third parties. In addition to any other indemnification provisions in this Agreement, RAVE shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the aforementioned logos including but not limited to removing, covering, replacing, or otherwise defacing the logos embedded in the surface of the mini pitch. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Use, The City shall allow the mini pitch to be open for free play during Park hours and shall not charge a fee for use or designate this space as rentable tinder any circumstances. The City shall have first priority to use, host, or allow City -partners to use the mini pitch for one-time events benefitting the Donation Agreement — RAVE Foundation Page 3 of 10 community. The mini pitch is intended for soccer only and will not be intentionally lined or used for other sports. Without limiting the foregoing, the City may permit other uses of the mini pitch consistent with the City's use procedures including use by RAVE for opening ceremonies and any additional media, marketing, or RAVE opportunities that benefit the surrounding community. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by RAVE 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. RAVE shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which RAVE has responsive records and for which RAVE has withheld records or information contained therein, or not provided them to the City in a timely manner. RAVE shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 12. 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 RAVE's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, snake 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. 13. Warranty. Unless provided otherwise herein, RAVE warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, RAVE shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to RAVE's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. As applicable, any contractor or subcontractor doing work shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect, and shall provide a performance and payment bond if required. 15. Insurance. RAVE shall procure and maintain insurance, as required in this Section, without interruption from commencement of the RAVE's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. RAVE shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Off ice (ISO) form CA 0001. 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 liability, independent RAVEs, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 04 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or Donation Agreement — RAVE Foundation Page 4 of 10 underground property damage. The City shall be named as an additional insured under the RAVE's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. RAVE 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. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products -completed operations aggregate lit -nit. 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: 1. RAVE's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of RAVE's insurance and shall not contribute with it. 2. RAVE shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by RAVE. 3. If RAVE maintains higher insurance limits than the minimums shown above, City shall be insured for the fill available limits of commercial general and excess or umbrella liability maintained by RAVE, irrespective of whether such limits maintained by RAVE are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences litnits of liability lower than those maintained by RAVE. 4. Failure on the pant of RAVE to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to RAVE to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any stuns so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due RAVE from the City. D. No Limitation. The RAVE's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the RAVE to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, RAVE shall furnish acceptable insurance certificates to City at the time RAVE returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are Donation Agreement — RAVE Foundation Page 5 of 10 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. RAVE shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the RAVE to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five business days' notice to RAVE to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due RAVE from the City. H. Subcontractor Insurance. RAVE shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of RAVE -provided insurance as set forth herein, except RAVE shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. RAVE shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 16. Indemnification and Hold Harmless. RAVE shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the RAVE and the City, its officers, officials, employees, and volunteers, the RAVE's liability hereunder shall be only to the extent of the RAVE's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the RAVE's waiver of immunity under Industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 17. 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 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 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. 18. Assignment and Delegation. Neither patty 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. 19. Confidentiality. RAVE may, from time -to -time, receive information which is deemed by City to be confidential. RAVE shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through Donation Agreement — RAVE Foundation Page 6 of 10 informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 21. Costs 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 or arbitration (including expert witness fees). 22. Subcontractor Responsibility. As applicable, and as required by RCW 39.06.020, RAVE shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 24. Entire Agreement. This 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. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. 25. 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. 26. Business Registration. Prior to commencement of Work under this Agreement, RAVE shall register with the City as a business if it has not already done so. 27. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the RAVE, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. RAVE 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. RAVE, 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. RAVE 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 Pant 21. C. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by RAVE 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 RAVE of RAVE's obligations under this Donation Agreement — RAVE Foundation Page 7 of 10 Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. RAVE 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 RAVE is in the exclusive possession of another who fails or refuses to furnish the information, RAVE 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 RAVE'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 RAVE under the Agreement until RAVE complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. RAVE shall include the provisions of Section 27 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. RAVE 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 RAVE becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, RAVE may request that the City enter into any litigation to protect the interests of the City. In addition, RAVE 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 RAVE agrees to comply with the following non-discrimination statutes and authorities; including but not Iirnited 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 Pant 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); Donation Agreement — RAVE Foundation Page 8 of 10 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 RAVES, whether such programs or activities are Federally ftmded or not); Titles ll 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. pats 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.). 28. Sevei•ability. 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. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Insurance Endorsements Donation Agreement — RAVE Foundation Page 9 of 10 The Parties have executed this Agreement this 5 day of Sept 20 25 CITY OF SPOKANE VALLEY: J An Hohman, City Manager i By: Ashley Fosberg Its: Authorized Representative Donation Agreement — RAVE Foundation Page 10 of 10 Exhibit -A Scope of Work The City has installed a 50x100' asphalt pad, connecting pathway, and drainage gallery in Greenacres Park to be utilized for the soccer mini pitch donation from the Rave foundation. The Rave Foundation donation includes: • Long-lasting hard -court surfacing • Painting of lines and logos (approved by the City) • Soccer goals • Fencing • Mutually agreeable programming and partnership for the long term Rave wi I1: • Purchase and deliver soccer goals (see attached product info) • Reimburse the City for installation of soccer goals and court fencing (see attached plan and cost estimate) • Submit sponsor logos for approval by the City (see attached layout) • Install the court -surfacing and painted lines and logos • Provide an initial donation of soccer nets • Provide free soccer balls and programming curriculum • Participate in a community celebration to dedicate the new field The City will: • Receive and install the soccer goals • Provide a site plan and cost estimate for installation of soccer goals and fencing for approval by Rave • Coordinate installation of soccer goals and fencing by City's contractor • Coordinate with Rave's contractor to schedule and accommodate installation of court surfacing • Provide approval for sponsor logos • Coordinate a community celebration to dedicate the new field Donation Agreement — Rave Foundation Contract No 25-156 Exhibit -A FRONT VIEW SIDE VIEW WAV GNL W OTH S-r GOAL OEM LPAFR cRosseAR file•r l FEATURES 11 ALLWAM GOAL FRAME 2} F11FSF4 GOAL FRAME-VWE PO.'IDER GMT BACK BOTTOM BAR -MILL FTN SH 3) INCLUDED 8EM4PERMAI.EW GRW4O A`VCHORS (e} SADDLE ANCHOR BAGS (4) e mm, ANTE NET MacrAo.ECTba PROTECTIVE(,) MOLE, /I KWIKG%F" a a Iml e}ASSEMELEDY43%ff E+�E\S�OIIA AAEMHCFiEs AFPra10 Br F3At GOAL'BB LB& VNLEporNEawsE ssE�,lo Oab 2P201 5) EXCEEDS. 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Dm Rep°a'cmn n eupbca'on Wld MriouEOn EEpeuxriknOFFICIAL FUTM GOAL —j$adXH7KOOALLM isM NG1 Ei ON IM Donation Agreement - Rave Foundation Contract No 25-156 Exhibit -A Pars LW PSnf QIY_ Oexr06u+ UZ212 L oAi71.Pa A4C110RASSE. L9613 1 2PdN FNS1LL UZOM R Lem 1 LBFT AR 7PNI FU MGCAL Uzm UZ630 1 RKINT mR4, 2P201 F1fra& ooAL UL631 I BAOt PTTOL1 MEZZO f0816M 1 BACQEANCN7R BAb 386001 1 NET. AM%VliTE UZS13 1 I1061606 I 1Q631 U2&V U2212 I E !KW►KV OAE f OPa 1a am1t* vnaecrlw /613h DliNS[nf ♦11FN RIGIES AAWQ.%IdB/ PM# LMBfSm mmuic-FBo DNa ZP20� Tfto-itt"Mki, v Daa19y. bluh Rp&*JdK C'66 Bo/1081 De?eo: .hAwae tayefswOen Sleet 4d OFMAL FVTM GOAL n wtd KWKOOAL LTO. RxSnnll k Snkdyf"bw n I CbdFb 2P281 Cw ®nat.lorw Donation Agreement — Rave Foundation Contract No 25-156 C) Exhibit -A I �i JFXISTING PATH '----- __ -- --- _ — 23 NEW V TALL CHAINLINK FENCE 26 BID ADD ALTERNATE 2: NEW 55' X 110' ASPHALT PAD WITH 12' WIDE CONCRETE EDGE FOR SOCCER MINI PITCH. RAVE TO PROVIDE BOTH (2) GOALS AND SURFACING. SECTION TO BE 2' HMA ON 6' CSTC Ul NEW 4' TALL CHAIN LINK FENCE 28 NEW 12' WIOE X W DEEP CONCRETE EDGING Donation Agreement —Rave Foundation Contract No 25-156 F,Yhihit -A C 0 N C R E T E A Cameron -Reilly LLC Company 0 (D 0 COMMITMENT- TEAMWORK - STRENGTH 309 N Park Rd, Spokane Valley, WA 99212 Office (509) 466-5555; Fax (509) 468-3719 WA LIC#: CAMERRL942NU ID LIC#: PWC-C-12153-UNLIMITED-4 OR LIC#: 202351 vmAy.came ron-reilly.com COP005 - Urban Soccer Pitch Fencing Job Name: JGreenacres Park Phase 2 Date: 3/25/2025 Itom ff Desc tlon YU1 Quantity Price Per Total Fencing at Urban Soccer Pitch LS 1 $4,427.00 $4,427,00 Goal installation EA 2 $721.54 $1,443.08 Sub Total $5,870.08 Tax - 8.9% $522.44 Grand Total $6,392.52 Notes: Price above Includes the following mobilizations: 1 1.00 1 Additional mobilization: 1 $1,000.00 Price excludes staking, testing, restoration, traffic control, cold weather protection, Joint sealing and gravel. Subgrade on grade. General or Owner to provide washout tubs if required. Pricing is subject to acceptance within 21 days from date of quote. Donation Agreement -Rave Foundation Contract No 25-156 Exhibit -A Approved Logos Layout Donation Agreement —Rave Foundation Contract No 25-156 Mid Pac Construction Inc. Aug 30, 2024 For Rave Foundation Regarding Greenacres Park in Spokane Mid Pac will supply all labor and materials for the project — including four coat surfacing — with Nova Play and striping. 4 Logo's will be provided and painted as per layout provided. Mid Pac will provide the required insurance per the donation agreement between Rave Foundation and the City of Spokane Valley, including naming the City as additional insured as a third party beneficiary in that agreement Exact pricing dependent on the quality of the asphalt pad — Pricing not to exceed $35,000.00 Sincerely Don Gerstmar Pres Accepted by Ashley Fosberg RAVE Foundation 9/5/2025 ACID tY w/`_ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 09/08/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Niehl Insurance Agency 375 118th Ave Se #103 Bellevue WA 98005 CONTACT PHONE q25 644-1600 FAx 425 644-2152 1 E• n IL info niehlinsurance.COm INSUREMSI AFFORDING COVERAGE NAIC 8 N URER •Austin Mutual Ins CO 13412 INSURED Mid Pac Construction 10610 NE 46th St Kirkland WA 98033- INSURER B INSURERC: INSURER D INSURER F: rnvrowr_cc r=0TI9:IrATC III URPR- RFVlfilnN NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP )M= LIMITS A X COMMERCIAL GENERAL LIABILITY MPJ6955L 11/01/202 11/01/202E EACH OCCURRENCE S 2000000 CLAIMS -MADE OCCUR OAMAGETO SAEa_=RENTED 500,000 MED (Any one son S 10,000 PERSONAL& ADV INJURY $ 2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: X POLICY JEC7 LOC OTHER: GENERAL AGGREGATE S 4,000,000 PRODUCTS -COMPADPAGG s 4 OOO 000 I$ A AUTOMOBILE LIABILITY B1J6955L 11/01/202 11/0112021 COMBINED SINGLE LIMIT s 1,000,000 BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY (Per accident) $ O\ANED �( SCHEDULED AUTOS ONLY AUTOS X HIRED X NON-OANED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Is is UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR E E S A MRKERS COMPENSATION MPJ6955L 11/01/202 11/01/202 X ER PX OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE A STOP GAP E.L. EACH ACCIDENT I 1,000,000 E.LDISEASE -EAEA+PLOYEE S 1,000,000 OFFICERRJEMSER EXCLUDED? (Mandatory In NH) If es, descnbe under DE PT 4 OF PER NIA E.L. DISEASE -POLICY LIMIT S 2,000,000 A INSTALLATION FLOATER MPJ6955L 11/011202411/01/202 LIMIT $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more spa" Is required) RE: GREENACRES PARK, SPOKANE WA CITY OF SPOKANE VALLEY AND RAVE FOUNDATION ARE INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT PER BP0451 AND BPM3142. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY PER BPM3148, WAIVER OF SUBROGATION PER BP0497. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SPRAGUE AVE SPOKANE VALLEY WA 99206- AUTHORIZED REPRESENTATIVE ©1988-2015 ACORO GORI URA I IUN. An rlgnis reserveo. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 04 51 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who Is An Insured in Section II — Liability: 3. Any person(s) or organization(s) for whom you are performing operations is also an additional insured, if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be included as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured. BP 04 51 01 06 A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed or the contractor's agreement is terminated. © ISO Properties, Inc., 2004 INSURED COPY Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARYMON-CONTRIBUTORY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other Insurance of Section III - Common Policy Conditions Primary Additional Insured — If a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in paragraph C. Who Is An Insured of Section II — Liability as additional insured, this Other Insurance provision is applicable. This insurance is primary. This insurance is also non-contributory which means we will not seek contribution from other insurance available to the person or organization with whom you agree to include in Who Is An Insured. BPM 3148 05 15 Includes copyrighted material of ISO Properties, Inc. with its permission. INSURED COPY POLICY NUMBER: BUSINESSOWNERS BPM 3142 0215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following is added to Paragraph C. Who Is An Insured in Section II — Liability: 3. Any person(s) or organization(s) for whom you are performing operations is also an additional insured, if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be included as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of "your work" for the additional insured and included in the "products -completed operations hazard". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to such additional insureds, the following is added to Section III — Limits Of Insurance: if coverage provided to an additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations BPM 3142 0215 Contains copyrighted material of Page 1 of 1 ❑ Insurance Services Office Inc. ©, with permission. INSURED COPY