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HomeMy WebLinkAbout26-016.00 Evergreen Regional Volleyball Association - Rec. Services AgreementContract No. 26.016.00 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, 2026 unless the time for performance is extended in writing by Agreement for Recreational Services Page 1 of 9 Contract No. 26.016.00 the Parties. 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 A. 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 per month. 4. Payment. Contractor shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. 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: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Evergreen Regional Volleyball Association Phone: 509-290-5552 Address: 1818 E Francis Ave #215 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 Agreement for Recreational Services Page 2 of 9 Contract No. 26.016.00 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. 8. Documents. Drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. City shall be permitted to retain documents, including copies of originals, reproduction quality mylars of maps, and copies int eh 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 that are in the City's possession, and Contractor shall have no liability for the City's use of Contractor's work product outside of the scope of the work product's 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. Agreement for Recreational Services Page 3 of 9 Contract No. 26.016.00 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: 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. 11. 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. 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. Agreement for Recreational Services Page 4 of 9 Contract No. 26.016.00 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. 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. 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 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 Agreement for Recreational Services Page 5 of 9 Contract No. 26.016.00 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. 18. 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 or arbitration (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 Eauipment. 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 Agreement for Recreational Services Page 6 of 9 Contract No. 26.016.00 or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 22 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. 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 Agreement for Recreational Services Page 7 of 9 Contract No. 26.016.00 of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 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 B. Rental Fee Sheet C. Hold Harmless Agreement Language D. Hold Harmless for Third Party Users E. Insurance Certificates Agreement for Recreational Services Page 8 of 9 Contract No. 26.016.00 The Panic% have executed this Agreement this 16day of P 4TA 2q24�. CM' OF KAhE VALLEY Contractor: John Ho" -City Manag By: Its: Authorized RePresentativc APPROVED AS TO FORM: t of the City Attorney Aywrettwea lot 14xrc.,iiuHwl ScsvKx. N g% '! tit `t Contract No 26.016.00 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. Contract No 26.016.00 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. 2 Contract No 26.016.00 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. 3 O x O A � VI O Z U CO v R N v o X u w V a o 0 L O O Q C N 2 'ro +� tf'1 o cu = -o CD - u) CD a` �a Ln ai � N N N .� Q O- Vf Z z U O — +� C On - D (Ap v0 N o cl o i C L O z. '�^ v � � v > c a ckn >� o w i a CL HMOM V L O L O U � fB L O U O i � O •0 c6 ca Contract No 26.016.00 Exhibit C ERVA Participant Hold Harmless IMPORTANT: WAIVER OF RIGHTS. READ ENTIRE PARAGRAPH BEFORE SIGNING. I, the undersigned adult, on behalf of myself and/or as parent or guardian on behalf of my dependent(s) assume all risks and hazards reasonably related to my or my dependent's use of the City of Spokane Valley's park facilities in any way arising out of or in connection with my and/or my dependent's participation in the Evergreen Regional Volleyball Association (ERVA) program including any volunteering. Further, I do hereby release and hold harmless the City of Spokane Valley, its elected and appointed officials, employees, agents, and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees and expert fees, arising out of or in connection with my and/or my dependent's participation in the ERVA program, and my or my dependent's use of the City of Spokane Valley park facilities or volunteering for the ERVA program. I acknowledge that I have familiarized myself with the description of the activities, understanding the hazards and my own and/or my dependent's personal limitations, and knowingly assume all risks. In the event of a medical emergency, I authorize transportation to the nearest appropriate medical facility, and authorize emergency medical care if no one listed on this form can be reached. In the absence of a signature, payment of fees and participation in the program shall constitute acceptance of the conditions set forth in this release. I grant full permission to use any photographs, videotapes, motion pictures, recordings or any other record of this program for any City of Spokane Valley informational or promotional use. BY MY SIGNATURE BELOW I CERTIFY THAT I HAVE READ AND AGREE TO THE PREVEDING TERMS AND CONDITIONS, AND DO SO KNOWINGLY, VOLUNTARILY, AND FREELY. Dated this day of , Signature Printed Name Contract No 26.016.00 Exhibit D Third Party Renter Hold Harmless Agreement IMPORTANT: WAIVER OF RIGHTS. READ ENTIRE PARAGRAPH BEFORE SIGNING. By signing below, I, , declare that I am an authorized representative of , (hereinafter the "User") and in such capacity am authorized to contract on behalf of and bind such User to the following provisions: User 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 User's use of the rented park facility, or from any activity, work or thing done, permitted, or suffered by User in or about the rented park facility, except only such injury or damage as shall have been occasioned by the sole negligence of the City. User is fully aware of the health risks and hazards connected with the activity for which it is renting the facility, and hereby agrees to comply with all applicable safety regulations and codes of conduct of which is incorporated herein by reference, provide all necessary safety equipment for participants, and be solely responsible for the safety of the participants involved in the use of the rented park facility. User understands and agrees that User is responsible for all third parties brought to the facilities by User and its participants, and further agrees to abide by and enforce applicable park regulations pursuant to chapter 6.05 SVMC, which is incorporated herein by reference. Failure to abide by or enforce the provisions herein may be grounds for expulsion from the facilities and other applicable penalties as provided by law. Further, on behalf of myself and User, assume all risks and hazards reasonably related to my or Users use of the City of Spokane Valley's park facilities in any way arising out of or in connection with my and/or Users activities thereon. Further, I do hereby release and hold harmless the City of Spokane Valley, its elected and appointed officials, employees, agents, and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees and expert fees, arising out of or in connection with my and/or Users' activities, and my or Users' use of the City of Spokane Valley park facilities. I acknowledge that I have familiarized myself with the description of the activities, understanding the hazards and my own and/or Users' abilities, and knowingly assume all risks. In the event of a medical emergency, I authorize transportation to the nearest appropriate medical facility, and authorize emergency medical care if no one listed on this form can be reached. In the absence of a signature, payment of fees shall constitute acceptance of the conditions set forth in this release. Signed this day of Name Title Signature Phone Number PRINT DATE 3/18/2026 CERTIFICATE OF INSURANCE -------!- ---- CERTIFICATE NUMBER:' 202508291138709 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 678-324-3300 (Phone), 678-324-3303 (Fax) BELOW. NAMED INSURED: ,INSURERS AFFORDING COVERAGE: I 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-RSL-CO-17-01537353-01 9/1/2025 9/1/2026 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-RSL-CO-17-01537354-01 9/1/2025 9/1/20 X Occurrence 26 EACH OCCURRENCE $3,000,000 — 12:01 AM 12:01 AM I 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. I 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 #PAI L006020395201 with Berkley Life and Health Insurance Company on file with the policyholder - Accident Medical Coverage $25,000, deductible $250 -Accidental Death & Dismemberment $10,000. Policy effective date: September 1, 2025 / Policy expiration date: September 1, 2026. CERTIFICATE HOLDER: NOTICE OF CANCELLATION: City of Spokane Valley Parks & Recreation i 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 _.._.