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Boulder Indoor Soccer, Inc. - 20220721-9270 ' OULDER Ca ORK r • Excellencefor an inspired Future STANDARD Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Page. Routing Number 20220721-9270 Originating Dept Parks & Recreation Contact Person Megann Lohman Phone Number 303-441-4427 Project Manager / Contract Connor Bulger E-mail bulgerc@bouldercolorado.gov Administrator Counter Parties Boulder Indoor Soccer Contract Title / Type Services Contract for a Recreation Program: Boulder Indoor Soccer Number Description Service contract for adult soccer leagues Special Instructions Signature page is bookmarked. Amount 10% in year one, 15% after Expense Type INCOMING Dept. Head Signature ftdkft�) NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing • Budget • Sales Tax V/CAO / I- V/City Manager Central Records CITY OF BOULDER SERVICES CONTRACT FOR A RECREATION PROGRAM CITY OF BOULDER PARKS AND RECREATION THIS SERVICES CONTRACT is made this Ll day of TC/ , 2022, by and between the City of Boulder, Colorado, a Colorado home rule municipal' ("City"), and Boulder Indoor Soccer, Inc., a Colorado corporation, ("Contractor"). The City and Contractor may hereinafter be referred to individually as a"Party" or collectively as the "Parties." RECITALS The City is desirous of contracting with Contractor for services associated with the operation of a Recreation Program on behalf of the City's Parks and Recreation Department for the period of August 1, 2022 through June 30, 2025, inclusive ("Recreation Program"). Contractor is fully qualified to perform the services needed by the City in connection with the Recreation Program. AGREEMENT In consideration of the terms, conditions and covenants herein stated, the parties agree as follows: I. SCOPE OF WORK 1.1 The City agrees to use Contractor's services ("Services") in connection with the Recreation Program for the period of August 1, 2022, through June 30, 2025, inclusive, ("Term") and Contractor covenants and agrees to provide said services as required and requested by the City during said period. The City reserves the right to extend this Contract as mutually agreeable by both Parties. Such renewals shall be in writing and signed by both Parties. 1.2 The City will provide the facility for the operation of the Recreation Program, Sanctioned Adult Soccer Leagues, which facility is known as Pleasant View Sports Complex ( "Facility")and is located at 3805 47' Street in Boulder. Contractor is responsible for maintaining the Facility in a clean and orderly fashion. Facility space will be provided by the City based on historical needs for the Recreation Program. Additional space needed for the Recreation Program will require approval by the City's Program Manager. If the Facility to be used by Contractor is a Boulder Valley School District (BVSD) property, then Contractor shall be bound to the same obligations as the City related to compliance with BVSD rules, regulations, and policies as more fully detailed in the current BVSD/City Joint Use Agreement. 1.3. In connection with the Recreation Program, Contractor shall undertake the duties and responsibilities and provide the services described in Appendix A,"Scope of Work,"attached hereto and incorporated herein. Contractor Collects Revenue 1.4 Contractor is responsible for providing inclusion services. If a participant in the Recreation Program requests an accommodation, Contractor is responsible for providing any such accommodation in accordance with American Disability Act (ADA) requirements. By way of example, accommodations may include hands on teaching techniques in addition to verbal instructions, one-on-one staffing assistance, two-on-one staffing assistance, interpreter, etc. Contractor is responsible for all costs associated with providing the accommodation. Contractor shall contact the City's Exciting Programs Adventures and New Dimensions (EXPAND) at 303-413-7256, for additional information or training regarding accommodations and the inclusion process. 1.5 In addition to those duties outlined in Appendix A, e Contractor shall provide adequate supervision at all times, ensuring at least one (1) staff member is present for all adult leagues. Contractor, at its own cost, shall obtain a background check on each employee prior to working with any of the Recreation Program participants. The background check shall be in accordance with Section 12 CCR 2509-8 and Section 7.701.33 of the Social Services Rules(Staff Manual Volume 7; Child Welfare, Child Care Facilities). All background check information as well as CPR Certificates shall be on file with the City by September 1 of each year of the Term of this Contract. 1.6 As a general matter, Contractor shall communicate with the City about the Recreation Program only through Connor Bulger at bulgerc _,bouldercolorado.gov_or at(303)413- 7465, who has been assigned by the City as the Program Manager. 1.7 The City reserves the right to cancel a Recreation Program if it fails to meet minimum participation numbers established by the City one week prior to the start date of the Recreation Program. In such event, this Contract shall terminate. 1.8 Contractor agrees to comply with the requirements of the Independent Contractor Manual of the City of Boulder Parks and Recreation Department. 2. COMPENSATION. 2.1 The Parties will cooperate to set fees that will be charged to the participants. However,the City shall have final authority on price set. Contractor will pay the City on the basis of fees collected from Recreation Program participants. 2.2 Payments to the City are based on the amount of revenues collected by the Recreation Program. Such revenues are calculated from the data generated by Contractor's recreation registration software. This data includes both the number of Recreation Program participants and the amount of revenue collected year to date for the Recreation Program and is set forth in a revenue report generated by Contractor ("Revenue Report"). The City will be paid ten percent (10%) of the revenue collected by the Recreation Program for Year I (Fall 2022 & Spring 2023), and fifteen (15%) of the revenue collected by the Recreation Program for Year 2 (Fall 2023 & Spring 2024) and Year 3 (Fall 2024 & Spring 2025). Contractor Collects Revenue 2.3 Contractor agrees to provide the City with an initial invoice and a copy of the Revenue Report within thirty (30) days of the conclusion of the Recreation Program session. It is the responsibility of the City to review this information and to submit a final invoice to Contractor for payment. Subject to final approval by the City, Contractor shall pay the final invoice within thirty (30) days of receipt. The City shall only pay expenses associated with the operation of the Recreation Program as set forth on Appendix A. 2.4 Contractor will provide the City with Recreation Program registration information prior to the first class. Upon reasonable advance request,the City may inspect and copy any or all records of Contractor which would bear on any amounts charged to the City pursuant to this Contract. The Parties will share any information collected including registration information, addresses and email addresses of participants. 2.5 If Contractor is unable to meet its obligations under this Contract, and any Recreation Program participant requests a refund, Contractor may refund all or a portion of the course fee to the Recreation Program participant and withhold such amount from the payment to the City. If payment to the City has already been made,Contractor will bill the City for the amount to be reimbursed,and the City will pay that amount to Contractor within two(2)weeks of the date of such bill. If a Recreation Program participant chooses to drop out of a scheduled class, the City's refund policy outlined in Appendix B, "Refund Policy," attached hereto and incorporated herein, will be adhered to. 3. INSURANCE. a. Minimum Coverages. Contractor agrees to procure and maintain in force during the term of this Contract and for the statute of repose, at its own cost, the following minimum coverages: i. Workers' Compensation and Employers' Liability a. State of Colorado: Statutory ii. Employer's Liability: $1,000,000 bodily injury for each accident $1,000,000 each employee for disease $1,000,000 disease aggregate iii. General Liability A. General Aggregate Limit: $2,000,000 B. Per Occurrence: $1,000,000 Coverage provided should be at least as broad as found in Insurance Services Office (ISO) Form CG0001 to include all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee Contractor Collects Revenue acts), blanket contractual, independent contractors, products, and completed operations. iv. Automobile Liability Limits - ISO form CA0001 (BAP) or equivalent including coverage for owned, non-owned and hired autos. A. Bodily Injury & Property Damage Combined Single Limit: $1,000,000 v. Professional Liability (errors and omissions)' A. Each Claim/Loss: $1,000,000 B. Aggregate: $2,000,000 This paragraph is applicable to Contractor and any Subcontractors of any tier that is providing any professional services, including but not limited to: design, architecture, engineering, testing, surveying, or design/build services, temporary engineering, engineered excavations and shoring systems, post-tension supply, structured steel, specialized millwork that is performance specified, roofing or waterproofing systems, curtainwall, mechanical, fire protection systems, electrical, fire alarm systems. Contractor and all Subcontractors providing professional services shall provide and maintain Professional Liability insurance coverage. The policy coverage shall be effective (retroactively, if applicable) from the date of commencement of all professional activities in connection with the Scope of Work. Coverage shall include coverage for contractual liability. Contractors and Subcontractors shall maintain for the statute of repose, following completion of the project. Any erosion of insurance limits required will be reinstated to the required amounts prior to commencing the contracted work and if during the contracted period claims are made against the professional's policy the necessary reduction of available limits will be repurchased to the contractually required amounts. b. Additional Insurance Requirements. i. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis (excepting Professional Liability). 1 Applicable only if Consultant,its agents,employees,or representatives will be using motor vehicles in Colorado while performing the Services. 2 The City may require that this coverage remain in place for one year after the Services are complete. Contractor Collects Revenue ii. Higher limits or lower limits may be required or accepted by the City. The City reserves the right to require an ExcesslUmbrella Liability policy. If an Excess/Umbrella Liability policy is required, all coverages and terms required under the Commercial General Liability, Automobile Liability and Employer's Liability must be included. Contractor's Excess/Umbrella Liability Policy shall provide liability coverage, subject to the terms and conditions of the policy, in excess of all available underlying coverage before any primary or excess coverage held by an additional insured. iii. Where commercially available, Contractor shall name "the City of Boulder,its elected and appointed officials,directors,officers, employees, agents and volunteers" as additional insureds as their interest may appear(except for Workers' Compensation and Professional Liability). Additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage and similar forms for auto liability. iv. A Certificate of Insurance evidencing the coverages described here, shall be submitted prior to commencing services on ACORD Form 25-S. The Certificate Holder shall be identified as: City of Boulder, P.O. Box 791, Boulder,CO 80306. V. All policies of insurance shall be written on a primary basis, non- contributory with any other insurance coverages and/or self- insurance carried by the City. vi. A Separation of Insureds Clause must be included in general liability policies. vii. Contractor shall advise the City in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At its own expense, Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the City a new certificate of insurance showing such coverage is in force. viii. Contractor's insurance carrier shall possess a minimum A.M. Best's Insurance Guide rating of A- VI. ix. Contractor,or Contractor's insurance broker,shall notify the City of any cancellation or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurer's notification to that effect. Contractor shall forthwith obtain and submit proof of substitute insurance in the event of expiration or cancellation of coverage. Contractor Collects Revenue X. Contractor is responsible for any damage or loss to its own vehicles or equipment. xi. The City and Contractor shall cooperate with each other in the collection of any insurance proceeds that may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. xii. Contractor and its insurers shall waive subrogation in favor of Additional Insured parties (except for Workers' Compensation and Professional Liability). xiii. Contractor shall not be relieved of any liability, claims,demands, or other obligations assumed pursuant to this Contract by reason of its failure to procure or maintain insurance in sufficient amounts, durations or types. 4. INDEMNIFICATION. a. Contractor's Indemnification. Contractor shall indemnify, defend and hold harmless the City, its directors, officers, employees, elected and appointed officials and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable attorneys' fees and costs of defense), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature suffered or incurred by the City directly or indirectly arising from or related to: (i) any negligent or intentional act or omission by Contractor or its representatives, employees, agents, Subcontractors or other parties for which Contractor may be legally responsible in the performance of Contractor's obligations under this Contract,or(ii)any material breach in a representation,warranty, covenant or obligation of Contractor contained in this Contract. Contractor's obligation to indemnify the City as set forth in this Contract shall survive the termination or expiration of this Contract. b. Infringement. Contractor shall hold and save harmless the City from any and all claims for infringement, by reason of the use of any patented design, device,material,process,or trademark or copyright and shall indemnify the City for any costs, expenses, and damages, including court costs and attorney fees, which it might be obligated to pay by reason of infringement at any time during the prosecution or after completion of their services under this Contract. Contractor Collects Revenue 5. IMMUNITY. Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et seq., C.R.S., as now or hereafter amended. 6. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is that of an independent contractor. Contractor shall supply all personnel,equipment,materials and supplies at its own expense,except as specifically set forth herein. Contractor shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venturer of the City. No employee or officer of the City shall supervise Contractor. Contractor is not entitled to workers' compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract. 7. NO ASSIGNMENT. Contractor shall not assign this Contract without the written consent of the City, which it may withhold at its sole discretion. 8. LAWS TO BE OBSERVED. Contractor shall be cognizant of all federal and state laws and local ordinances and regulations that in any manner affect those engaged or employed in the Services or the conduct of the Services and all such orders and decrees of bodies or tribunals having any jurisdiction over the Services and shall, at all times, observe and comply with all such existing laws, ordinances, regulations, and decrees, and shall indemnify and hold harmless the City against any claim or liability to the extent caused by the intentional or negligent violation of any such law ordinance, regulation, order, or decree,whether by itself or by its subcontractors, agents, or employees. 9. APPLICABLE LAW,• JURISDICTION• VENUE. This Contract shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Contract shall be brought before the state court situated in Boulder County or federal court situated in the City and County of Denver, Colorado, and each Party consents to jurisdiction and venue before such courts. 10. TERMINATION. a. Termination for Breach. If either Party materially defaults in the performance of any term of this Contract (other than by nonpayment) and does not substantially cure such default within thirty (30) days after Contractor Collects Revenue receiving written notice of such default, then the non-defaulting Party may terminate this Contract by providing ten (10) days' prior written notice of termination to the defaulting Party. b. Termination for Convenience. In addition to the foregoing, this Contract may be terminated by the City for its convenience and without cause of any nature by giving Contractor written notice at least fourteen (14) days in advance of the termination date. In the event of such termination, Contractor shall be paid for all the Services rendered to the date of termination and upon such payment,all obligations of the City to Contractor under this Contract shall cease. C. Suspension. Without terminating this Contract or breaching its obligations hereunder,the City may, at its pleasure, suspend the Services of Contractor hereunder. Such suspension may be accomplished by giving Contractor written notice one day in advance of the suspension date. Upon receipt of such notice, Contractor shall cease its work in as efficient a manner as possible so as to keep its total charges to the City for the Services under this Contract to the minimum. No work shall be performed during such suspension except with specific prior authorization by the City's Project Manager. The City recognizes that suspension and subsequent reactivation may inconvenience Contractor and will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty (30) days, Contractor may terminate this Contract at will. d. Return of Property. Upon termination of this Contract, Contractor shall promptly deliver to the City all City data, which includes any data or information of the City that is provided to or obtained by Contractor in the performance of its obligations under this Contract, including data and information with respect to the businesses,customers,operations, facilities, products,consumer markets, assets, and finances of the City, as well as any plans, photographic images, analyses, test, maps, surveys, and written materials of any kind generated in the performance of its Services under this Contract, up to and including the date of termination. 11. NO THIRD-PARTY BENEFICIARIES. This Contract shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the City and Contractor. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and Contractor that any such party or entity, other than the City or Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. Contractor Coliects Revenue 12. WAIVER. The failure of either Party at any time to require performance by the other Party of any provision of this Contract shall not affect in any way the full right to require such performance at any subsequent time nor shall the waiver by either Party of a breach of any provision of this Contract be taken or held to be a waiver of the provision itself. 13. COMPLETE AGREEMENT. This Contract is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. 14. NO MULTI-FISCAL YEAR OBLIGATION. The Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Contract. It is understood and agreed that this Contract does not create a multiple fiscal year direct or indirect debt or obligation within the meaning of TABOR and not withstanding anything in this Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,regulations,and resolutions of the City and applicable law. Any failure of a City Council annually to appropriate adequate monies to finance the City's obligations under this Contract shall terminate this Contract at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Contractor of any failure to appropriate such adequate monies. 15. AMENDMENT IN WRITING. No amendment or modification shall be made to this Contract unless it is in writing and signed by both Parties. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Contract except as expressly stated herein. 16. SURVIVAL. Any and all provisions of this Contract that, by their nature, would reasonably be expected to be complied with or performed after the expiration or termination of this Contract shall survive any expiration or termination of this Contract. 17. FORCE MAJEURE. No delay, failure, or default will constitute a breach of this Contract to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, pandemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing Party's reasonable control (collectively, "Force Majeure"). In such Contractor Collects Revenue event, however, the delayed Party must promptly provide the other Party notice of the Force Majeure. Contractor shall not be excused from liability for delays or non-performance caused by events or conditions within its control nor for delays or non-performance which it could have foreseen and avoided,prevented or significantly ameliorated by exercising reasonable prudence or diligence, nor for any delays or non-performance caused in whole or in part by Contractor itself. 18. NOTICES. Notices. Any notice provided pursuant to this Contract shall be in writing to the Parties at the addresses set forth below and shall be deemed given (i) if by hand delivery, upon receipt thereof; (ii) three (3) days after deposit in the United States mails,postage prepaid, certified mail, return receipt requested; or (iii) one (1) day after deposit with a nationally recognized overnight courier, specifying overnight priority delivery. Either Party may change its address for purposes of this Contract at any time by giving written notice of such change to the other Party. Any notice provided pursuant to this Contract shall be in writing to the Parties at the following addresses: If to Contractor: Patrick Keane President & CFO Boulder Indoor Soccer 3203 Pearl Street, Boulder, CO 80301 If to the City: Connor Bulger Program Manager City of Boulder Parks& Recreation 5660 Sioux Drive, Boulder,CO 80303 19. AUTHORITY. Contractor warrants that the individual executing this Contract is properly authorized to bind Contractor to this Contract. [SIGNATURE PAGE FOLLOWS] Contractor Collects Revenue IN WITNESS WHEREOF, the Parties to this Contract have caused it to be executed by their authorized officers as of the day and year first above written. This Contract may be executed in counterparts, each of which shall be original, but all of which together shall constitute a fully binding and executed Contract. CONTRACTOR By: Tit];Z���,e Qi.r..e r /P cf i�[•.+ CITY OF BOULDER ATTEST: �v City Manager CA 14 City Clerk APPROVED AS TO FORM: _ /.//6& City Attorn y's Office Contractor Collects Revenue Appendix A SCOPE OF WORK A. Specific Program Information: Boulder Indoor Soccer sanctioned adult soccer leagues through Colorado Soccer Association. B. The City agrees to provide the following services for the program specified above: 1. Facility and location: Field usage at Pleasant View Sports Complex per historical league usage and based upon the City's Program Manager's approval. Storage space onsite for one golf cart belonging to Contractor. 2. Equipment: Soccer goals and nets onsite and corner flags for each field. 3. Maintenance: The City will provide necessary field maintenance, painting and lining per standards as dictated by the City's Facility Management. 4. Advertise the course in various marketing efforts as they present themselves. 5. Provide inclusion training for Contractor as needed. 6. Provide Contractor with orientation on the City's policies and procedures. 7. Provide training for Contractor's designated employees on opening and closing procedures of the Pleasant View Sports Complex. Contractor's designated employees must be approved by the City's Program Manager. C. Contractor shall comply with the following standard requirements of the City: I. TRAININGS. Prior to the start of the Recreation Program, Contractor agrees to participate in City trainings as follows: a. Contractor and/or its staff will participate in pre-program training on the City's policies and procedures and facility use. b. Contractor and its staff will attend staff training both before the start of the Recreation Program and as necessary to provide all Recreation Program services. C. Contractor and its staff will attend inclusion training by the City's EXPAND as needed. 2. RECREATION PROGRAM OPERATION. Contractor will schedule and supervise all Recreation Program activities and Recreation Program participants with approval from the City's Program Manager. Such duties Contractor Collects Revenue include,but are not limited to,the following: a. Contractor will hire, supervise and pay all staff of the Recreation Program. b. Contractor will brand the City's Parks and Recreation Department through marketing materials,staff uniforms,banners,etc.consistent with all of the City's Parks and Recreation regulations for branding. C. Contractor will submit all promotional materials to the City's Program Manager for use in the Recreation Guide in a timeframe determined by the City's Program Manager. d. Contractor will collect the City's Risk and Release forms from each Recreation Program participant on the first day of each Recreation Program and return to the City's staff by the second day of each Recreation Program. e. Contractor will keep accurate records and provide complete and timely information for required reports on activities including check-in and check-out procedures, incident and accident reports and injury log. f. Contractor will collect all Recreation Program participants' information for promotional materials (i.e., name, email address, address,phone number)and provide to the City's Program Manager on or before the conclusion of the Recreation Program. g. Contractor will meet with the City's Program Manager on a quarterly basis to report on the Recreation Program. h. Contractor will submit incident or accident forms within twenty- four (24) hours of such incident or accident. The forms will be provided to Contractor by the City and should be emailed or turned into the City's Program Manager. i. Contractor will maintain an injury log that will be provided by the City, kept at the Facility, and turned into the City's Program Manager at the end of the Recreation Program session. 3. MASTER PLAN GOALS. Contractor will align with the City's Parks and Recreation Master Plan goals to meet community needs, including, but not limited to,the following: a. Contractor will provide a scholarship program for Recreation Program participants who the City determines are eligible for financial assistance. Contractor is responsible for all costs associated with providing the assistance. Contractor Collects Revenue b. In conjunction with a scholarship program, Contractor will conduct community outreach to underserved populations of the community. C. Contractor will set program plans to broaden the scope of offerings for a wide range of community opportunities. d. Contractor agrees to participate in a minimum of one(1)City special event and appropriate "guest appearances" within current City programming and outreach efforts. e. Contractor will work with the City's Program Manager to maximize Facility use while exploring creative ways to use available spaces. 4. REPORTING OBLIGATIONS. Contractor shall submit a Lifecycle Management and Delivery Model Report("Lifecycle Report")to the City's Program Manager on or before November 1 st of each year of the Term of this Contract. The Lifecycle Report will be generated on a form provided by the City. The purpose of the Lifecycle Report is to assist the City in the evaluation of the Recreation Program and the development of future programming. 5. PERFORMANCE BENCHMARKS. In order for the City to guarantee consistent levels of service for all its Recreation Programs, the City has established performance benchmarks as goals for Contractor. Performance measures will include participation and satisfaction rates as follows: • Educational components; • Health benefits; • Participation( engagement and activity); and • Social relationship building. These measures will be calculated through parent and Recreation Program participant interactions, participation surveys,and communication between the City and Contractor. If performance benchmarks are not met, then the City and Contractor will meet to discuss the future of the services offered. The performance benchmarks are as follows: I. In 2022 an average of 75%of respondents indicate they are fully or partially satisfied with program offerings and/or instruction on quarterly Recreation Program participant surveys, 2. In 2023 and 2024, increase or hold consistent the number of teams in 2022; and Contractor Collects Revenue 3. In 2022 and 2023, an average of 80%of respondents should indicate they are fully or partially satisfied with program offerings and/or instruction on quarterly Recreation Program participation surveys. Contractor Collects Revenue Appendix B REFUND POLICY Camps: • Two (2) weeks before camp begins $15.00 fee • Within two (2) weeks of first day or after first day No refund Programs: • Before second class $15.00 fee After second class No Refund Leagues: • Before registration close date $15.00 fee • After registration close date No Refund Contractor Collects Revenue 7W26/2023 (MM/DD/YYYY) � CERTIFICATE OF LIABILITY INSURANCE 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(ies) 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 endorsement(s). PRODUCER Phone: (804)354-9020 CONTACT Sherry Martin Fax (866)352-1401 NAME` The Monument Sports Group p/cNNo Ext: (804)381-4896 AIc No): (866)352-1401 E-M1365 Overbrook Road ADDRESS: Sherry@monumentsports.com Suite#I INSURER(S)AFFORDING COVERAGE NAIC# Richmond,Virginia 23220 INSURER A: The Hanover Insurance Company 22292 INSURED INSURER B: Boulder Indoor Soccer Inc;BIS Holdings LLC INSURER C: 3203 Pearl Street INSURER D: Boulder,CO 80301 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:3932 REVISION 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY .� COMMERCIAL GENERAL LIABILITY ZBR901148712 2/l/2023 2/1/2024 EACH OCCURRENCE $ 1,000,000 A DAMAGE TO CLAIMS-MADE � OCCUR -PREMISES ('a a oocur ence) $ 1,000,000 p �/ MED EXP(Any one person) $ Exc U Incl Participants e ✓ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY❑ PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: Abuse/Mol $ 1,000,000 AUTOMOBILE LIABILITY ZBR901148712 2/1/2023 2/1/2024 COMBINED SINGLE LIMIT $ 1,000,000 A Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ✓ HIRED E NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident ✓ UMBRELLA LIAB ✓ OCCUR UHR D 17413 8 06 2/1/2023 2/1/2024 EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB 1,000,000 CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Boulder, its elected and appointed officials, directors, officers, employees, agents and volunteers are named as additional insured if required by written contract per form #421-2915. This certificate is issued in reference to the named insured's operations and subject to the terms, conditions and other provisions of the policies. CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest:Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boulder THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 791 Boulder,CO 80306 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD