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HomeMy WebLinkAbout25-157.00WestValleySchoolDistrictParkingLotUseAgreement25-157 PARKING LOT USE AGREEN7ENT This Parking Lot Use Agreement (hereinafter "Agrceimc)W) is entered into by and behveen the City of Spokane Valiq (hereinafter "the City"), and the West Valley School District {hereinafter "WVSD") a political subdivision of the state of Washington, jointly referred to as "Parties". WHEREAS, the City owns Park Roam fool and its associated paved parking lot, situated on Spokane County parcel number 45182,9132; and WHEREAS, WVSD owns Centennial Middle School and its associated sports fields, situated on Spokane Comity parcel numbers 45182.91 78 and 45182.9183; rind WHEREAS, the athletic fields of Centennial Middle School border Park Road Pool to the East and North; and WHEREAS, Centennial Middle School hosts athletic events and needs additional parking on evenings and weekends to accommodate the players and spectators attending such events; and WHEREAS, the Park Road Pool parking lot (hereinafter "Parking Lot") is closed to the public ou'sside of pool operating hours; WHEREAS, WVSD has requested use of the Parking Lot for overflow parking from April through September on an annual basis. THEREFORE, in consideration of the tends and conditions contained herein, the Parties agree as follows, 1. Parties, Titc Parties to this Agreement are the City and WVSD. 2, P111pose. The purpose of this Agreement is to sutimiarize the terms and conditions upon which the City will permit WVSD to !utilize the Parking Lot. for overflow parking daring Centennial Middle School athletic Qvents from April through September on an annual basis until this Agreement is terminated pursuani to the provisions herein. 3, Contact Individuals, The contact person for the City shall be John Bolletli or current Director of Parks and Recreation. The contact person for the WVSD shall be Ayeslia Horton or Current. Chief Financial Officer. 4. Licensed activi:v. Pursuant to chapter 6.05 SVMC, and in consideration of WVSD fulfilling its obligations and adhering to the terms herein, the City grants, WVSD a non-exclusive, revocable license to utilize the Parking Lot for overflow parking purposes. A snap of the authorized area for overflow parking is attached as Exhibit A and incorporated herein. Pursuant to this license, at times when Park Road Pool is not open, WVSD authorized staff may open the .Parking Lot gates for players, students, and spectators attending events at Centennial Middle School. In consideration for the use of the Parking Lot, WVSD shall be responsible for closing and locking said gates within one hour after an event concludes in accordance with the provisions herein. 5. Responsibilities of the Parties. A. The City shall; 1. provide WVSD with the mechanise; to open and lock the Parking Lot gates; and Parking Lot Use Agreeincnt - West Valley School F)Jstrict Page 1 of 5 2. retain the authority to tow any vehicles in the Parking Lot. or City property which enter or remain thereon in violation of this Agreement or the Spokane Valley Municipal Code, B. WVSD shall 1. only open the gates and utilize the Parking Lot for outdoor WVSD sanctioned events at Centennial Middle School, parcel nos. 45182.9183 and 451829178; 2. appoint an authorized staff member(s) responsible for opening and closing the Parking Lot gates and provide the City with a list of such authorized staff, including name, title, and contact information for each. if the list of authorized staff member changes, WVSD shall notify the City of such change within 24 hours of the change; 3. not charge any fees, rent, or costs for use of the Parking Lot; 4. not share, provide, or otherwise divulge any password, code, .key, or other safety mechanism provided by the City, to anyone outside of the WVSD authorized staff; 5. close and lock the gate to the Parking Lot within one hour after an event concludes; and 6. make reasonable efforts to locate the driver(s) of vehicles in the Parking Lot to notify such driver(s) that the gates will be closed and locked, and that their vehicle will be subject to towing. If the driver(s) of any remaining vehicles cannot be located, WVSD authorized staff will close and lock the gates and contact the City Park Operations Coordinator to notify the City of any remaining vehicle(s). 6. Termination: The Parties may meet atmually to discuss WVSD's need for use of the Parking Lot for the upcoming sports season. The Parties may agree to terminate this Agreement if W`VSD detenmines the Parking Lot is no longer needed for overflow parking. The City may also terminate this Agreement at its sole discretion for any reason or no reason upon 10 days advance written notice. 7. Insurance: 7.1 Minimum Scone of Insurance. During the term of this Agreement, each Party shall maintain in force at its own expense, the following insurance: 7.1.1 Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Set -vices Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 7.1.2 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. Each Party shall be named as an additional 'ensured under the other Party's commercial general liability insurance policy with respect to the work or services performed for the other Party using an additional insured endorsement at least as broad as ISO CG 20 26. 7.1.3 Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 7.2 Minimum Amounts of Insurance. Each Party shall maintain the following insurance limits: 7.2.1 Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 7.2.2 Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. Parking Lot Use Agreement - West Valley School District Page 2 of 5 7.3.2 WVSD shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by WVSD. 7.3 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M, Best rating of not less than A: VII. Public Entity insurance requirements may be satisfied with proof of membership and liability coverage through its membership in a Risk Pool authorized tinder RCW 48.62.031 for Claims submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi - municipal corporations") against the Party, its employees, officers, volunteers and agents and/or actions in connection with or incidental to the performance of this Agreement which the Patty and/or its employees, officers, volunteers and agents are found to be liable. 7.4 Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, WVSD shall fitntish to the City with acceptable insurance certificates or Risk Pool Memorandum of Liability Coverage or proof of self-insurance at the time of execution of this Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. If requested, complete copies of insurance policies shall be provided to a requesting Party. Each Party shall be financially responsible for its own pertinent deductibles, self -insured retentions, and/or self-insurance. 7.5 Failure to Maintain Insurance. Failure on the part of the a Party to maintain the insurance as required shall constitute a material breach of contract, upon which the other Party may, after giving at least five days' written notice to the other Party to cure the breach, immediately terminate the Agreement or, at that Party's discretion. 8. Indemnification and Hold Harmless. WVSD shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all clauns, 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 or work done by WVSD, WVSD's agents, subcontractors, subconsultants, and employees under this Agreement to the fiullest extent permitted by law, subject only to the limitations provided below. 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 WVSD and the City, its officers, officials, employees, and volunteers, WVSD's liability, including the duty and cost to defend, hereunder shall be only to the extent of the WVSD's negligence. It is fuiilier specifically and expressly understood that the indemnification provided herein constitutes the WVSD's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose 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. 9. 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 Parking Lot Use Agreement - West Valley School District Page 3 of 5 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 per£onnance by the other Party of any provision hereof shall in no way be constnied to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 10. Applicable Laws and Standards. The Parties, in the perfonnance 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. 11. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attomey's fees and costs of such litigation (including expert witness fees). 12. Notice. Any notice or written communication required by this Agreement shall be sent to each party at the following addresses: City of Spokane Valley: City of Spokane Valley Parks & Recreation Attn: John Bottelli or current Parks and Recreation Director 2426 N. Discovery Place Spokane Valley, Washington 99216 West Valley School District: West Valley School District Attn: Ayesha Horton or Current Chief Financial Officer 2805 N. Argonne Road Spokane Valley, WA 99212 13. The Parties hereby reserve the right to alter, amend, or modify the terms and conditions of this Agreement upon written agreement of both Parties to such alteration, amendment, or modification. 14. This Agreement may not be assigned or transferred without the express written approval of either Party. 15. The City is precluded by law from the gifting of public funds. The Agreement shall not be applied or interpreted in a way that constitutes an unlawful gift of public funds. City of Spokane Valley John Bottelli, Parks r ecreation Director Date: West Valley School District: -" A 0 PI -YV K-4 c;;, Ayesha Lorton, Chief Financial Officer Date:_LLtUA-7-5 Parking Lot Use Agreement - West Valley School District Page 4 of 5 ATTEST: Amanda Koltar, Administrative Assistant APPROVED,.AS TO FORM: ice of the Ctry Attorney Parking Lot Use Agreement - West Valley School District Page 5 of 5 EXHIBIT A Exhibit A Me Datol 812012026 Cert#: 0000001462 UNITED SCHOOLS INSURANCE PF20GRAM CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE$ NOT AMEND, r•-XTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUhI OF COVERAGE (Moe) BELOW, THIS CERTIFICATE OF COVCRAGF, DOES NOT CONSTITUTE A CONTRACT BETW£CN THE ISSUING tNSURER(S), AUTHORI2E1) REPRESENTATIVE OR PRODUCER, AND THE CERT IFICATE HOLDER, IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE. MOO MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TEAMSAND CONDITIONS OF THE MOC, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMF.NTON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LMFU OF SUCH ENDORSEMENT(S). PRODUCER ..... ...:.:.:.:....:.:.....:.:. • .:.. , :..::::.:..:::..::... , . ,.., ...... COh1PAt!!ES AFFORDING COVERAGE ..:...... , , . Clear Disk Solutions GENERAL LIABILITY 150 Basin 5fra(It $W PMQ #206 USIP / Munich He of al, Ephrelo, WA 96623 Phone: (509) 754-2027 Fox: (509) 754-34Q6 AUTOhMBILE LIABILITY USIP I Munlah Re at al. COVERED MEMBER PROPERTY U51P /Alllanl Property Insurance Program of al, West Valley School Dishfct #363 PO Box 11739 CRIME I PUBLIC F,MPLOYEE DISHONESTY Spokane, WA 997.11 USIP COVERAGES THIS 15 TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE: REFI4 ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITtt RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSLIED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE `:.`.' `.. ;,' .'::. MOC NUh1BER. MOC EFF: :..` ".....: MOC EXP .:..: DESCRIP.TIOH. •.` ::,, :. `::: ` ` LIMITS DATE .. .. :-DATE .._ GENERAL LIABILITY.-.. ,., ..... . COMMERCIAL GENERAL LIABILITY USIP262835087 0/1/2025 e/112026 GENERAL AGGREGATE $45,000.000 OCCURRENCE FORM PRODUCTS•COMPIOP OCC &AGG $26,000.000 PERSONAL & ADV. INJURY $25,000,000 EACH OCCURRENCE S26,000,000 (LIABILITY IS SUBJECT TO A $1,000,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $100,000,000 AUTOMOBILE LIABILITY ...... ANY AUTO USIP252635087 4111202$ 9/1/2026 �CO},SB— mb SINGLE LIMIT $25.000,000 (LIABILITY IS SUBJECT TO A $1,000,000 $IR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE PROPERTY ............. _:.......... ---^-^ . USIP252635087 0/1/2025 71V2026 ALL RI K PER OCC EXCL EQ & FL $1,000,000,000 EARTHQUAKE PER OCC $25,000,000 FLOOD PER Dee (oxcopt FZ A&V, $26,000.000 +vhkch Is $1MM) PROPERTY IS SUBJ CT TOA $SOO,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIMEIPUBLIC EMPLOYEE DISHONESTY _ USIP262635001 81V2026 9/1/2026 PER LOSS $1,000,000 ANNUAL PROGRAM AGGREGATE $5,000,000 CRIME IS SUBJECT TO A $f 000 000 SIR PAYABLE FROM PROGRAM FUNDS) DESCRIPTION OF OPERATIONS I LOCAT10N81VE111CLES I SPECIAL ITEMS Regarding use of Park Road Pool. City of Spokane Valley Is named as AddWnal Covered Party regarding tills use only end Is aub)ecl to coverage terms, conditions and excluslons. Additional Covered Party endorsement Is attached, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N0710E WILL. BE CELIVERFD IN 4CCORDANCE WITH THE MOO PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Spokane Valley 2426 N. Discovery Place Spokane Valley, WA 99216 Page 1 MOC Number: USIP262636087 Coverage Effective Date: 9/1/2026 ADDITIONAL COVERED PARTY ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How coverage is changed: It is agreed that the interest of any Additional Covered Party is recognized as their Interests may appear, providing the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Covered Party are those specified in either the: I. Written contractor written agreement; or 2. Declarations for this MOC, 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. Additional Covered Party: City of Spokane Valley 2426 N. Discovery Place Spokane Valley, WA 99216 Regarding use of Park Road Pool. City of Spokane Valley is named as Additional Covered Party regarding this use only and is subject to coverage terms, conditions and exclusions. Additional Covered Party endorsement is attached. Page 2