ROCK VALLEY COLLEGE NJCAA BOWLING PROGRAM

This Operating Services Agreement (“Agreement”) is entered into as of the day of April, 2018, by and between the Northern Illinois Bowling Proprietor’s Association, an Illinois not-for-profit corporation having its principal place of business at 7758 Forest Hills Road, Loves Park, Illinois 61111 ("NIBPA"), and Rock Valley College, an Illinois public community college district, having its principal place of business at 3301 N. Mulford Road, Rockford, IL 61114 (“College”). The College and NIBPA are known together as the “Parties.”

RECITALS

WHEREAS, the College has funded a highly competitive bowling team as a club program for many years; and

WHEREAS, current and prospective students, along with the local bowling community, have long desired to see the College club bowling program be converted into an official men’s and women’s NJCAA sport; and

WHEREAS, due to the financial constraints of the College, the program has been cost-prohibitive to convert the bowling program into an official NJCAA sport; and

WHEREAS, in recognition of these College financial constraints, NIBPA has offered to financially support the College Men’s and Women’s NJCAA bowling program on an annual and ongoing basis; and

WHEREAS, the conversion of the College’s bowling club program into an NJCAA sport would benefit NIBPA by increasing its visibility within the local community and within the College community, by providing an ongoing opportunity for NIBPA affiliates to support and coach the College’s students, and by bringing business to NIBPA’s members;

WHEREAS, the College Board of Trustees has approved this Agreement and Board Report

#____ on April 24, 2018, which authorizes the addition of a Men’s and Women’s NJCAA collegiate bowling program (the “RVC Bowling Program”) to the College Athletic Department, on the condition that the Bowling Program will be financially supported solely by NIBPA.

NOW, THEREFORE, in consideration of the recitals contained herein, and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged by the Parties, the College and NIBPA herby agree to the following:

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I. DUTIES OF NIBPA

A. Men’s and Women’s Bowling Coaching Staff: NIBPA shall from within its organization and members nominate volunteer coaching candidates to fill the Men’s and Women’s head coaching and assistant coaching positions, and it is understood that no compensation shall be paid by the College or NIBPA to the volunteer coaches. All coaching and assistant head coaching candidates nominated by NIBPA must complete and pass a criminal background check to the satisfaction of the College, have a valid driver’s license, proof of automobile insurance, and have their certified driving record reviewed by the College prior to being approved by the College as a coach. All approvals for coaches will be signed off by the College’s Athletic Director, the VP/Chief Operating Officer, and the VP of Human Resources for the College or their designee. The Athletic Director and/or Vice President/Chief Operating Officer reserves the right to dismiss the coach and/or assistant coaches at any time and for any reason or no reason when deemed to be in the best interest of the College. NIBPA shall cause its volunteer coaches to comply with all provisions of this Agreement related to coaching activities.

B. Financing & Sustainability of the Men’s and Women’s Bowling Program: Prior to the commencement of the 2019 fiscal year (by July 1, 2018), NIBPA shall deposit twenty-five thousand dollars ($25,000) made payable to the Rock Valley College Foundation, in care of the Rock Valley College Men’s and Women’s Bowling Program. These monies shall be used to fund the operations of the Bowling Program. It is expressly understood between the Parties that this is an estimate of the annual cost of the Bowling Program, and should the estimate not be sufficient to operate the program, the College will request additional funds from the NIBPA. Prior to the beginning of each subsequent fiscal year after 2019, by July 1 of each year, NIBPA shall replenish the account to a minimum of twenty-five thousand dollars ($25,000), or a larger amount if required and mutually agreed to by the Parties.

C. Insurance: Prior to the commencement of the NJCAA RVC Bowling Program, and on an annual basis during the term of this Agreement, NIBPA and/or the volunteer Head Bowling Coach, hereby agrees to provide and maintain during the term of this Agreement the following insurance coverages and furnish proof of insurance to the College including certificates of insurance, policy declarations, and amendatory endorsements:

1. Workers Compensation/Employers Liability:

i. $500,000 per accident

ii. $500,000 disease, policy limit iii. $500,000 disease, each employee

iv. The policy will be endorsed showing a waiver of right of recovery form

#WC000313 or equivalent in favor of Rock Valley College.

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2. Commercial General Liability: Coverage shall include premises operations, independent contractors, contractual liability, products and completed operations including broad form property damage, covering bodily injury and property damage for limits as shown below:

i. $1,000,000 each occurrence

$2,000,000 general aggregate

ii. Policy shall be properly endorsed to show Rock Valley College as an ADDITIONAL INSURED on a primary and non-contributory basis.

3. Commercial Automobile Liability: Coverage shall be written to include all owned, non-owned, and hired automobiles covering bodily injury and property damage, including uninsured and underinsured motorists coverage for limits as shown below.

i. $1,000,000 combined single limit each occurrence OR

ii. $1,000,000 bodily per person, per occurrence and property damage per occurrence

iii. Policy shall be properly endorsed to show Rock Valley College as an ADDITIONAL INSURED on a primary and non-contributory basis.

4. Umbrella Liability: Coverage shall include excess of Employers Liability, General Liability, and Automobile Liability and shall also name Rock Valley College as an ADDITIONAL INSURED on a primary and non-contributory basis for the following limits:

i. $1,000,000 per claim or occurrence ii. $1,000,000 general aggregate

D. Indemnification & Hold Harmless: NIBPA hereby agrees to indemnify, defend, and hold harmless Rock Valley College, its Board of Trustees, individual board members, officers, administrators,representatives, employees, agents, and volunteers, and each of them, from any any and all charges, suits, demands, causes of action, or other claims of liability, including reasonable attorney fees and court costs, to the extent arising from the operations of the RVC Bowling Program, to the extent arising from any breach of this Agreement by NIBPA, and to the extent of any negligent act or omission of NIBPA, its members, affiliates, coaches, volunteers, officers, directors, employees, agents or representatives.

E. Facilities for Practice and Competition. NIBPA, in coordination with its members, shall provide venues for all practices and competitions in connection with the Bowling Program, and the related costs shall be drawn from the funds provided by NIBPA in accordance with Section I(B) above or shall be paid by NIBPA and its members, and shall not be charged to the College. NIBPA shall coordinate and schedule all such venues in coordination with the coaches and the College’s Athletic Director.

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F. Coach Coordination and Expectations for Student-Athletes:

1. Recruiting & Transfers: There is an expectation that the coach(es) will actively recruit prospective student-athletes for both the men’s and women’s bowling teams to obtain a minimum of six (6) players on each team and a maximum of twenty-four (24) players on each team. All student-athletes must be certified per NJCAA standards, and must attend a mandatory College Student-Athlete Summit in August. It is expected that the coach will assist and seek out transfer opportunities for all student-athletes involved in the Bowling Program.

2. Eligibility & Credit Hours: All student-athletes must maintain a 2.0 GPA with a minimum of 12 credit hours per semester. However, it is recommended that each student-athlete be enrolled in 15 credit hours per semester, which allows them the opportunity to graduate in 2 years and also gives the student-athlete(s) some flexibility if they should have to drop a class. All student-athletes will see one of the athletic academic advisors to assist with class schedules and pathways to graduation at least once prior to registering for semester classes. There is an expectation that all student-athletes will attend class on a regular basis. If an issue arises with a student-athlete’s academic performance, the College’s Athletic Director will notify the coaches regarding eligibility status and related matters. There are five (5) mandatory grade card checks per semester required of all student-athletes.

NIBPA shall require its volunteer coaches to comply with all federal, state and local laws, rules, regulations and ordinances governing or relating to education records and privacy rights in connection with their volunteer work as provided in this Agreement including, without limitation, the Family Educational Rights and Privacy Act (20 U.S.C.

1232g, “FERPA”) and the Illinois Personal Information Protection Act (815 ILCS 530/1 et seq., “PRRA”) each as they may be amended from time to time. The College may require the coaches to execute separate agreements related to student privacy, educational records, and other aspects of the volunteer coaching services to be provided under this Agreement.

3. Student-athlete Medical (Physical, Injuries & Reporting): All student-athletes are required to have a physical either through their own primary care physician or via the College team physician at times designated prior to participating in athletics. All student-athletes must have primary medical insurance coverage. The College provides secondary insurance medical coverage for student-athletes. Any student-athlete injuries requiring medical attention, unless it is a medical emergency, must first be seen by an RVC athletic trainer prior to being referred to a medical provider in order to be eligible for College secondary insurance medical coverage. All accidents or injuries must be immediately reported to the Athletic Director and the VP/Chief Financial Officer of the College for insurance purposes.

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4. Community Service & Fundraising: Both the Men’s and Women’s Bowling Team will participate in a minimum of three (3) community service events each year. The team will have the opportunity to work the BMO arena as a part of their fundraising and all other fundraising activities will be managed through the athletic director.

5. Coordination with College Athletic Director: The bowling head coach will meet with the College’s athletic director on a monthly basis regarding the scheduling of events, travel needs, recruitment efforts, fundraising efforts, student-athlete academic progress, and other matters that may arise from time-to-time. Subject to the College’s approval, the head coach will establish a minimum of one (1) local tournament per season for both the men’s and women’s bowling program. Each coach’s driving record shall be reviewed by the College on an annual basis. It is the responsibility of the coach to report any changes to his driving record to the Athletic Director.

6. Transportation & Lodging: The College shall provide RVC-owned vehicles, or leased vehicles, that the bowling head coach will be able to utilize to travel to tournaments.

The bowling head coach will have to be in compliance with this Agreement, and adhere to all College policies and procedures as it relates to transportation and lodging. In the case of tournament competition that requires overnight stays, a minimum of one (1) College employee must accompany the Bowling head coach for said overnight stays.

7. Adherence to College Policies and Procedures: The bowling head coach and assistant head coaches shall adhere to all College policies, administrative procedures, rules and regulations as it relates to travel, student-athletes, recruiting, purchasing, budgeting and reimbursement of expenses.

8. Relationship of the Parties: NIBPA acknowledges that its directors, officers, administrators, employees, agents, representatives, and volunteers are not agents or employees of the College, and that neither the provisions of this Agreement nor the performance of this Agreement shall be construed to create the relationship of principal and agent, joint venture, or employer-employee as between the College and NIBPA and/or such individuals. NIBPA acknowledges and agrees that the College may require the selected coaches to execute separate written acknowledgements: (1) that they will comply with this Agreement; (2) that they acknowledge their status as volunteers and not independent contractors to or employees of the College; (3) that they waive and release any claims against the College; and (4) that they will comply with any other rules or guidelines reasonably imposed by the College with respect to their volunteer activities.

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II. DUTIES OF COLLEGE

A. Certification with NJCAA: Upon execution of this Agreement, along with the financing as provided in Section I.B. of this Agreement, the College will seek certification of the Men’s and Women’s Bowling teams as an official sport with the National Junior College Athletic Association (NJCAA) beginning with the FY 2019 competition year. Subject to the requirements of Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., and the related regulations, it is mutually understood by the Parties that there may be a consolidated co-ed team for the FY19 athletic year, but as recruitment increases, both a men’s and women’s bowling team will be established.

B. Establishment of Budget: The College shall establish a budget for the Men’s and Women’s Bowling Program, and establish a competition schedule for the FY 2019 competition year.

C. Marketing & Promotion: The College will market and promote the Men’s and Women’s Bowling Program similar to all official NJCAA sports at the College.

D. Transportation & Lodging: The College shall provide College-owned vehicles, or contracted vehicles or buses, required for the Bowling Program. All policies and procedures must be adhered to with respect to transportation and lodging.

E. General Liability Coverage: The College shall provide general liability coverage for the College bowling program, its coaches, and its student-athletes.

III. GENERAL PROVISIONS

A. Term and Termination.

1. This Agreement will commence as of the date written above and shall expire on April 24, 2023 unless earlier terminated pursuant to the terms hereof. The Agreement may be extended by two (2) five-year terms by written approval by the Parties.

2. Notwithstanding anything herein to the contrary, either Party may terminate this Agreement, for any reason or no reason in the terminating Party’s sole discretion, by providing a minimum thirty days’ written notice of said termination. It is expressly understood by the Parties that any cancellation or reduction of funding pursuant to Section I.B. shall result in the immediate termination of the Bowling Program.

B. Notices. All notices and other communications hereunder must be in English and in writing and will be deemed received when sent, and shall be delivered personally, sent by mailed by registered or certified mail (return receipt requested), or sent by telegram or telex to the parties

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at the following addresses (or at such other address for a party as may be specified by like notice):

1. If to NIBPA, to: Northern Illinois Bowling Proprietor’s Association Attn: John Sommer, Jr.

7758 Forest Hills Road Loves Park, IL 61111

2. If to COLLEGE, to: Rock Valley College

Attn: Beth Young, VP/Chief Financial Officer 3301 Mulford Road

Rockford, IL 61114

C. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties hereto with respect to the transactions contemplated hereby, supersedes any and all prior agreements and understandings related to the subject matter hereof, and may not be modified or amended except in writing signed by all of the Parties hereto.

D. Governing Law. This Agreement will be governed by, and construed and enforced with, the laws of the State of Illinois, without regard to conflict of law principles. Accordingly, the parties agree that all actions or proceedings arising directly or indirectly from this Agreement will be litigated only in courts having situs within the County of Winnebago, in the State of Illinois, U.S.A.

E. Assignment. No assignment of any rights or delegation of any obligations provided for herein may be made by NIBPA, without the express prior written consent of the College.

F. Counterparts. This Agreement may be executed in any number of separate counterparts, each of which will be deemed to be an original, but which together shall constitute one and the same instrument.

G. Severability. If any term, clause or provision contained herein is declared or held invalid by any court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.

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IN WITNESS WHEREOF, each party has executed this Agreement as of the day and year first above written.