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19-020.00 Level 3 Telecom: Fiber Franchise CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 18-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,GRANTING A NON-EXCLUSIVE FRANCHISE TO LEVEL 3 TELECOM OF WASHINGTON,LLC,TO CONSTRUCT,MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY,AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water,sewer and other private and publicly owned and operated facilities for public service;"and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter,nor at any other than a regular meeting nor without first being submitted to the city attorney,nor without having been granted by the approving vote of at least a majority of the entire legislative body,nor without being published at least once in a newspaper of general circulation in the city before becoming.effective;"and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS,the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,ordains as follows: Section 1. Definitions. For the purpose of this Ordinance,the following words and terms shall have the meaning set forth below: "City Manager"means the City Manager or designee. "construction"or"construct"shall mean constructing,digging,excavating, laying,testing, operating, extending, upgrading,renewing,removing, replacing,and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances"shall have the same meaning as RCW 70.105D.020(10), PC �l Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 1 of 13 "maintenance, maintaining or maintain"shall mean the work involved in the replacement and/or repair of facilities,including constructing,relaying,repairing,replacing,examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "overbuilding"shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable. "overlashing"shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. "permittee"shall mean a person or entity who has been granted a permit by the permitting authority. "permitting authority"shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product"shall refer to the item,thing or use provided by the Grantee. "public property"shall mean any real estate or any facility owned by the City. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation or repair of another entity's facilities.in the rights- of-way, including Grantor's facilities. "right-of-way"shall refer to the surface of and the space along,above,and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public,to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, fiber optics, communication and signal lines and equipment, braces, guys,anchors,vaults,and all attachments,appurtenances,and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto Level 3 Telecom of Washington, LLC formerly known as tw telecom of washington Ile, formerly known as Time Warner Telecom of Washington LLC, as established in Ordinance No. 06=016 (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace, upgrade and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through,.along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 2 of 13 franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(f). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance,subject to RCW 35.21.860,would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A) City may request that Grantee provide one or more strands (two pair) of dark fiber for City to use solely for City government administration purposes. Upon receipt of such request, City and Grantee shall meet as soon as practicable to determine whether Grantee has dark fiber available in the locations requested by City, and if Grantee has dark fiber available, City and Grantee will engage in good faith discussions to develop mutually agreeable terms for acquisition of such dark fiber. B) Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the City Manager may require Grantee to provide the City with additional duct or conduit and related.structures, at incremental cost(such costs to include the material costs,as well as changes in the costs of labor,materials,and engineering attributable solely to the City's request), necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal, non-commercial purposes and City agrees further: 1)The City shall not require that the additional duct or conduit space be connected to the access structures and/or vaults of the Grantee. 2)This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3)Grantee shall notify the City Manager at least 14 days prior to opening a trench in the public right-of-way to allow the City to exercise its options as provided herein and if City does not agree within such time to inclusion of ducts or conduits pursuant to this section, its right to same shall be waived. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one pub lication,ofthis franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all lawful permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of-way. This and other franchises shall, in'no way, prevent or prohibit the City from using,any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non-Interference with Existing Facilities, Subject at all times to applicable federal and state law, including chapter 35.99 RCW,the City shall have prior and superior right to the use of its rights-of- way and public properties for installation and maintenance of its facilities and other governmental purposes, including power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, Ordinance 18-027-Level 3 Telecom of Washington,LLC Page 3 of l3 maintenance, and improvement of ail new rights-of-way,streets, avenues, thoroughfares and other public properties of every type and description. The costs for any and all such removal or replacement of the telecommunications facilities shall generally be without cost to the City, except to the extent required by federal or state Iaw, including RCW 35.99.060. City shall give Grantee sufficient advance written notice, commensurate to the complexity of the project but in no event less than 60 days, of a request to remove, adjust or relocate its facilitiesfrom the-public rights-of-way. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by written notice from the City to Grantee, the City may cause and/or effect such removal, adjustment or relocation, and the actual, documented expense thereof shall be paid by Grantee. This shall not apply to delay caused by the City, its contractors, or third parties. The owners of all utilities,public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use,or with any other pipes,wires,conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public`use or other facilities, Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the reasonable satisfaction of the City. Section S. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations,laws and practices. Grantee is responsible for the supervision,condition,and quality of the work done,whether it is by itself or by contractors,assigns or agencies... Application of said federal,state, and City Codes and regulations shall,be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision,condition,and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required,or plan,to excavate trenches in any area covered by this franchise, Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users shall be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. Grantee shall.have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All such trimming shall be done at Grantee's sole cost and expense. Section 11. Emergency Response. Grantee shall, within 30 days' of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel,and the procedures to be followed when responding to an emergency. After being notified of an emergency; Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 4 of 13 In the event Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injuiy or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property, and Grantee shall be responsible to reimburse the City for its actual, documented costs and expenses. Section 12. One-Call System. P.ursuant to RCW 19.122, Grantee is responsible for becoming familiar with,and understanding,the provisions of Washington's One-Call statutes. Grantee shall comply with the terms and conditions set forth in the One-Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation,operation,and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the city to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written.notice from the City, shall move, at the expense of the third party desiring to move the building or•structure, any of Grantee's telecommunications facilities that may obstruct the movement-thereof; provided,that the path for moving such building or structure is the.path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good. cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Such or similar disclosure in this franchise shall occur subject to any and all applicable privacy laws,including 47 U.S.C. § 222. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City pursuant to this section, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all actual,documented costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes,regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims,costs,and expenses, Ordinance 18-027-Level 3 Telecom of Washington,LLC Page 5 of 13 incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights-of-way, excepting any claim, cost, or expenses of any kind arising out of the release caused by the City or its employees,agents, contractors,or subcontractors. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses)which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee,whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then-existing telecommunications facilities,the City shall: (A) At least 60 days' prior to the commencement of such improvement project, provide Grantee with written notice requiringsuch relocation;and (B) Provide Grantee with copies. of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project; and (C)After receipt of such notice and.such plans and specifications,Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City except as otherwise set forth in RCW 35.99. Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by, Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said Ordinance 18-027-Level 3 Telecom of Washington, LLC Page'6 of 13 person or entity are not or will not become City owned,operated or maintained facilities,provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of Grantee or those acting for or on behalf of Grantee,then Grantee shall indemnify,defend, and hold the City, its officers,officials,employees,and volunteers harmless from any and all claims, injuries,damages, losses,or suits including attorney fees to the extent arising out of or in connection with such delays,except for delays and damages wholly outside of Grantee's control, including those caused by the City or its contractor. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee.(whether or not the entity had permission to abandon the.facility) and restore the rights-of-way to their pre-removal condition when: (a) a City project Involves digging that will encounter the abandoned facility;(b)the abandoned facility poses hazard to the health,safety,or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may,upon written approval by the City,delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless(b) or(d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process,shall be the sole responsibility of Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City mayincur costs to remove the abandoned facilities and restore the rights-of-way,and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 2L Maps and Records'Required_ Grantee shall provide the City,at no cost to the City: (A)A route map that depicts the general location of Grantee's telecommunications facilities placed in the rights-of-way. The route trap shall identify telecommunications facilities as aerial or underground and is not required to depict cable types,number of fibers or cables,electronic equipment,subscribers, and service lines to individual subscribers. (B)In connection with the construction of any City project,Grantee shall provide to the City, upon the City's reasonable request,copies of available drawings in use by Grantee'showing the location of such.telecommunications facilities. Grantee shall.field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. (C) Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area;provided, however,any such plan sosubmitted shall be deemed confidential and for informational purposes only,and shall not obligate Grantee to undertake,any specific improvements within the franchise area. (D) Public Record Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying by the public pursuant to chapter 42.56 RCW. Grantee shall Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 7 of 13 mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide Grantee with a copy of any public record request to inspect or copy documentation which Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation. In the event the City disagrees with Grantee's basis for non-disclosure, the City agrees to withhold release of the requested documentation in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action precluding disclosure by the City pursuant to chapter 42.56 RCW. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, Grantee shall not be permitted to excavate such street except as set forth in the City's then-adopted regulations relating to street.euts and excavations. Section 23. Reservation of Rights by City. Subject to RCW 35.99.040,the City reserves the right to refuse any request for a permit to extend telecommunications facilities so long as such refusal does not conflict with this franchise. Any such refusal shall be supported by a written statement from the City that extending the telecommunications facilities,as proposed,would interfere with the public health,safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein,the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions.herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary, appropriate and lawful ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee,and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Spokane Valley Municipal Code and this franchise,the Spokane Valley Municipal Code shall control. Section 26. Vacation. The City may vacate any City road,.right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a mininiurn of 180 days' notice as provided in section 37. In the event of a street vacation,the City shall include in the vacation ordinance a reserved easement for the continued location of Grantee's facilities. Section 27. Indemnification. (A)Grantee hereby covenants not to bring suit and agrees to indemnify,.defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments,awards or liability to any person arising from injury,sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of the acts or omissions of Grantee under this franchise agreement;except for injuries and damages caused by the negligence of the City. This includes but is not limited to injury: Ordinance 18-027-Level 3 Telecom of Washington,LLC Page 8 of 13 (1) For which,the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; (2)By virtue of Grantee's exercise of the rights granted herein; (3)Based upon the City's inspection or lack of inspection of work performed by Grantee, its agents and servants,officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; (4)Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excay.ation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise;or (5) Based upon radio frequency emissions or radiation emitted from Grantee's equipment located upon the facility, regardless of whether Grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. (B) Grantee's indemnification obligations pursuant to subsection (A) of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood.that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue.of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide, this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. (C) Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided,that Grantee has been given prompt written notice by the City of any such claim,said indemnification obligations shall.extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culniination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim,and has the right to approveany settlement or other comprdinise of any such claim. (D) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the:part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of the City of recovering under this subsection. (E)Grantee's duty to defend,indemnify and hold harmless City against liability for damages caused by the concurrent negligence of(a)City or City's agents,employees,or contractors,and(b)Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of'competent Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 9 of 13 jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115,the parties agree that the indemnity provisions hereunder shall be deented'amended to conform to said statute and liability shall be allocated as provided herein. (F)Notwithstanding any other provisions of this section,Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City-owned property from activities conducted by the City,its officers,agents,employees and contractors,except to the extent any such damage or destruction is caused by or arises from any negligence, willful or malicious action or gross negligence on the part of the City, its officers; agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to; business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees, subcontractors or contractors, except to-the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious' actions on the part of the City, its officers, agents, employees or contractors. (G) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the.duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights,privileges and authority granted hereunder to Grantee, its agents,representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. (A)Automobile Liability insurance with limits no Iess than$1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned,non-owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage; and (B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CO 00 01;or a substitute form providing equivalent liability coverage acceptable to the City,and shall cover products liability. The City shall be named as an insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CO 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and$2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket insurable contractual;products/completed operations;broad form property;explosion,collapse and underground(XCU); and Employer's Liability,which can be a separate policy. The insurance policies are to contain,or be endorsed to contain,the following provisions for Commercial General Liability insurance: Ordinance 18-027-Level 3 Telecom of Washington,LLC Page 10 of 13 (A)Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Grantee's insurance and shall not contribute with it. (B)Grantee's insurance shall be endorsed to state that coverage shall not be cancelled,except after 30 days' prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall,furnish the City with certificates and a copy of any amendatory endorsements, including the additional insured endorsement,evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials,employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, Tepair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise,shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road,streets,or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration,..amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or materially fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, not to be less than 30 days, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to-any of its other legal rights and remedies, to obtain an order from the Spokane Coiinty Superior`Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may ncit be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to any parent,affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee,by merger, sale,consolidation or otherwise. Ordinance 18-027-Level 3 Telecom of Washington,LLC Page 11 of 13 Section 33. Acceptance. Not later than 60 days atter passage of this Ordinance,Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time Shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall,after the expiration of the 60-day period,absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions,regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges,as well as all obligations and liabilities of Grantee shall inure to their respective heirs,successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence,clause or phrase of this Ordinance should be held to be invalid or unconstitutional,by a court ofoompetent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. In the event that any of the provisions of the franchise art held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal,add, replace or modify any other provision of the franchise,or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to,be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley,WA 99206 Grantee: Level 3 Telecom of Washington, LLC ROW/NIS 1025 Eldorado Blvd. Broomfield,CO 80021 With a copy to: Level 3 'Telecom of Washington,LLC 1025 Eldorado Blvd. Broomfield,CO 80021 Attention:"General counsel Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the'Spokane County Superior Court, and if in the federal courts in the United States District Court for the Eastern District of Washington. Section 39. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved,of Ordinance 18-027-Level 3 Telecom of Washington, LLC Page 12 of 13 its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance,nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the patties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee,or its affiliate, Level 3 Communications,LLC to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof()emirs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this /0 pday of 4),..2,0_614 ,1),,1‘ .20 .0, Air A"611„..illW ' jr. L.R.Higgin .,thi lir All' S AT ., .. . a . ..... .,. - ristine f3ainbridge,City Clerk Appr 1 ved ,.........t.. AdiCA:, A 1 Office el e City '417rney Date of Publication: / -?5--.,..7 Effective Date: / - Accepted Level 3 ele sin of Washington, LLC: BY: S-s er.' /91 /7 Name and . -fetal capacity The Grantee, Level 3 Telecom of Washington. LLC, for itself; and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, 'c)0mv,s--1-t- ILIA has signed this g44t day of TetAvari 2019. Subscribed and sworn before me this V::ad-cat)of 3„..A0,,i ,2019. 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IP -P,P Pi ,Ploic -0")Cr) i- -a -a P- b -8 81§I 8 8 8 1§ 8Q18"81.§1-§1-g I . a c, a i 1 cn , I AGENCY CUSTOMER ID: CN1O21.97661 LOC 4: Seattle ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. CenturyLink,Inc,and at subsidiaries, Including but not limited to:OwesfCommunlcaGons International Inc.;Embarq Corporation; POLICY NUMBER Level 3 Parent,LLC and Level 3 CommunicatIons,LLC 100 CenturyLink Drive;Mallstop 5TS154 Monroe,LA 71203 CARRIER NAIL CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance GENERAL LIABILITY ---- Automatic Additional Insured's Primary Coverage Additional Insured as respects your Interest in the operations of the Named Insured as required by contract or agreement Coverage provided by the above General Liabtity policy shell be primary and Is limited to liability arising out of Named Insured's ownership and/or operations,Any insurance carded by the additional Insured shall not be contributory insurance.Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-My person or organization wills whom you have entered into a contract or agreement,but only to the extent required by such contract or agreement Separation of Insureds Applies.Insurance covers incidents that occur within 50'of railroad property,any railroad exclusions have been deleted per.andorsement CG2417. —•—•AUTOMOBILE LIABIUTY– --- Additional Insured as respects your Interest In the operations of the Named Insured as required by written contract.My coverage provided hereunder shall be excess over arty other valid and collectible insurance available to the additional Insured whether such Insurance Is primary,excess,contingent or on any other basis unless the contract specifically requires that this policy be primary. Lessor-AddllionalInsured and Loss Payee-AR Lessors Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-My person or organization with whom you have entered into a contractor agreement,but only to the extent required by such contract or agreement.Separation of Insureds Apples. •-•----•WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY(OH&WA-SELF-INSURED• $1,000,000 RETENTION)----- Waiver of Our Right to Recover from Others(Waivor of Subrogation)-Any person or organization with whom you have entered Into a contract or agreement,but only to the extent required by such contract or agreement EXCESSNMBREILA- •-••-• --• Coverage applies per occurrence,Additional Insured as respects your Interest in the operations of the Named Insured as required bycentrsot or agreement Walverof Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-Any person or Organization with whom you have entered into a contract or agreement,but only to the extent required by such contract or agreement.Separation of Insureds Applies, --•--_--• COMMERCIAL CRIME-FIDELITY BOND----- Carrier:ACE American Insurance Company Policy Number,D0NG23680075 005 Effective Dates:03101/2018-03/01/2019 Each Occurrence:$10,000,000 _ _ U.S.PROPERTY–...----.---- Carrier:Allianz Underwriters Insurance Company Policy Number,ART 3016558 Effective Dates:03/15/2018-03/15/2019 Limit:$25,000,000 Deductible:$25,000,000 Property Coverage:'All Risk'of Direct Physical Loss or Damage to All Real and Personal Property,;Including Bolter&Machinery,Earthquake,Flood and Wind-Replacement Cost Basis,and Business Interruption-Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your Insurable interest,Waiver of Subrogation•Any person or organization whom you have entered Into a contract or agreement,but only to the extent required by such contract or agreement Other deductibles may apply as per policy terms and conditions. ACORD 101 (2008101) ®2008 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT 025 This endorsement, effective 12:01 a,m., 09-01-2018, forms a part of Policy No. RGD5000333-06 by Greenwich Insurance Company issued to CenturyLink, Inc. ADDITIONAL INSURED OWNER,MANAGER OR LESSOR SCHEDULED PERS,ON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any person or organization that is a premises Various. owner, manager or lessor,where you require access to such premises due to a written contract or agreement with lessee, but only with respect to liability arising out of the ownership, maintenance or use of that premises. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 3. With respect to the insurance afforded to the include as an additional insured the person(s) or owner of a leased premises, this insurance does not organization(s) shown in the Schedule, but only apply to any "occurrence" or offense which takes with respect to liability for "bodily injury", "property place after the lease expires; damage" or "personal and advertising injury" caused, in whole or in part, by: 4. The owner's status as an additional insured under 1. Your acts or omissions; or this endorsement ends when your operations for the lessee are completed; and 2. The acts or omissions of those acting on your behalf; 5.The"occurrence"or offense must occur in the performance of your ongoing operations for subsequent to the execution ofTh e contract or the additional insured(s) or for the lessee at the agreement. location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; 2. The insurance afforded to such additional insured for property access will not be broader than that which you are required by the contract or agreement with the lessee; MANUS ©2018 X.L.America,Inc.All Rights Reserved. Page 1 of 2 May not be copied without permission. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement with the lessee or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. (Authorized Representative) MANUS ©2018 X.L.America,Inc.All RightsReserved. Page 2 of 2 May not be copied without permission. BOND NO. K15773236 Franchise Bond KNOW ALL BY THESE PRESENTS THAT Level 3 Telecom of Washington, LLC as Principal, and Westchester Fire Insurance Company, an Illinois corporation with executive offices at 9025 N. Lindbergh Drive, Peoria, IL 61615 as Surety, are held and firmly bound unto City of Spokane Valley, WA, as Obligee, in the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) for the payment which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, or of the number of premiums that shall be payable or paid, the number of customers to the system and/or legal fees which may be required and incurred. WHEREAS, the above bound Principal has entered into a written agreement with the Obligee which grants a Franchise to the Principal. Prihcipal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with like force and effect as if herein set forth in length. NOW, THEREFORE, the condition of this obligation is such, that if the above'bound Principal shall faithfully perform, well and truly observe and fulfill the terms and conditions of the franchise, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled or terminated. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be Immediately delivered to the Surety by certified mail at 436 Walnut Street, Philadelphia, PA 19106. AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within twelve months after the act of breach or cancellation of this bond or termination of said franchise, whichever occurs first. The bond may be terminated or cancelled by Surety giving of thirty (30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4"'day of January, 2019 . Level 3 Te • m of Washington, LLC rr BY Westchester Fire Insurance Company BY Stacy Killebrew,Attorney-in-Fact CHUBS' Power of Attorney Westchester Fire insurance Company j ACE American Insurance Company Know All by These Presents,that WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations"of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Kathleen K.Freund and Stacy Killebrew of Denver,Colorado ,----------- each as their true and lawful AttorneydreFact In execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,WESTCHES't'RR FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE:COMPANYhave each executed and attetted these presents and affixed their corporate seals on this 25th day of September,2018.8. TAl. ,J 4:)03.2.51,—Nil. l.VttA,AuL s W3 ' ,v ,`t'. / (bunt 41.Chlor s,Arcistanl Stxretaty Stephen M.If:tncy,Vice President —p. d'w rxa cis - w tUi in ,,,,I � ,17). 1:-11.'4, • C �A-) r+ STATE OF'NEW JERSEY County of Hunterdon55. Ott this 25'h day of September.2018,before me,a Notary Public of New jersey.personally came Dawn M.Chloros,to me knpttn to be Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACEAMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and knows the corporate seals.theteof,that the seals affixed.to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies:and that she signed said Pottier of Attorney aSASsistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M.lianey,and knows him to be Vice President of said Companies:and that the signature of Stephen M.Honey,subscribed to said Power of Attorney Is In the genuine handwriting of Stephen al.Haney,and was thereto subscribed by authority of said Companies and In deponent's presence. Notarial Seal F1, ``r, KATHERINE J.AORIAMI ww ;`i NOTARYN°PUBLIC op N W JERSEY p7MA ComNssronCxpmeJvtyta,aoia r��" ' w Notary Public CERTIFICATION Resolution adopted by the Boards of Directors of WESTCHESTER FiRE INSURANCE COMPANY on December Ii,2006:ACE AMERICAN INSURANCE COMPANY on March 20, 2009: `RESOLVED,that the Collo ingautltorizationsrelatetotheexecution,forandonbehalfofthetompany,ofbonds,undenakhrp,recegpis.'meas,contractsandotherwrittencommitmentsoftheCompany entered Into in the on4tary course of business(each a'Written Cmmnttment"), (1) Each of the Chairman,the President and the Vice Presidents of the Company ishereby autharood toeseeuteany Written Commitment for andel'behalf ofthe Company,under the seal of die Company or otherwise. (2) Each truly appointed attorney ireet,ct of the Company is hereby authorized to execute any Written Co ntnitineht fur and on behalf of the Company,under the seal of the Com)rany or otherwise,to the extenrthat such act fouls authorized bytile grain of powers provided tar in such person's written appolntmetu aitsuch attorney-In-Act. (3) Each of the Chairman,the President and the Vke Presidents of the Company is hereby authorized,for and on bciiaite(iluj Company,to appoint in writing any person the anomer intact of the Company with full power and authority to execute,far and en behalf of the Company,under the seal unite Cotnpany or otherwise,eticlt Written Cnunnionents atilt: Company as tnSiybe specified In such written appoIntment,which specification-may be by general type or class of Written Commitments or byspecifcation Of one or more panlcular Written Commitments_ (4) Each of the Chairman,the President and the Vice Presidents of the Company hhereby authorized,for and otf(uihitlfofrheCamfiany.to delegate 1nwriting toany other ofiicerofthe Companythe audusrity to execute.fur and on behalf of the Company,ander the Company's seal or otherwise,such Written Commitments of the Company as are specified M such written delegation-which specification may be by general type or class of Written Cut uNtrnents or byspecification ofuric or more particular Written Conmiltnehss. (S) The signature of any officer lir other person executing any—Writtenn Commitment or appoint'nein or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FLIRTIIERRESOt.VED.that the foregoing Resolution shall not he deemed to bean exclusive statement of the powers and authority of officers,employms and other persons to act for anti on behalf of the Company,and such Resolution shall mat limit or otherwise street the exercise of any such power or authority otherwise validly granted or tested' I,Dawn M.Chloms,Assistant Secretary of W ESTCHFS'TER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies')do hereby certify that (I) the foregoing Resolutions adopted by the Board ofDirectors of the Outman les are true,correct and'in full force and effect, OD the foregoing Power of Atttuneyis true,correct and In full force anti effect. Given under my hand and seals of said Companies at Whitehouse Station.NJ,this 4;1"--0{st.t.t tt< 94,11,64.4, d-014 °� fc Jf7�Ys, N9ti� ,,; ,, ,..._,E.. ithwrr 11 t1tltxvxt A`(fait ices'ei:ityt IN MIE EVENT YOU W ISR 1.'n VERIFY Ti it A(rri I ENTICIT Y OF T111S BOND OR NOTIFY US Vii'ANY O111EItMA'n'til(.PLEASE COMM'US AT: Telephone(908)903'3403 Pax(906)903.3656 e-malb sorety8chubbxom VJFIC-MIC(rev.08-15) 19- 0400 ) Acorn.' DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/0512019 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). CONTACT PRODUCER NAME - MarshUSAlnc PHONE FAX CA Licnsek043]153 (NC,Nei 1301 5th Avenue,Suite 1900 E-MAIL Seattle,WA 98101-2682 ADDRESS.At Seattle Seatta LEtegUestLdmarsh corn/Fax 212-948-4326 INSURER(S)AFFORDING COVERAGE XAICY CN102197661-STND-ALL-19-20 INSURERA Greenwich Insurance Company 22322 INSURED INSURER B XL Specialty Insurance Co 37885 CentiryLink,Inc and all subsidianes, 36420 including but not limited to OWSSIGommunlcaOons Intemabonal Inc,Embarq Corporation, INSURER C.Allianz Underwmers Ins Co Level 3 Parent LLC and Level 3 Communicatons,LLC INSURER D 100 CenturyLink Drive IHSU0.ERE Monroe.LA 71203 INSURER F COVERAGES CERTIFICATE NUMBER: SEA-003628385-01 REVISION NUMBER: 2 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 !HRH TYPE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR !NW MD POLICY NUMBER IMMIDDIYYYY) IMMIDDNYYYI A X COMMERCIAL GENERAL LIABIUTY X X RGD500033307 09/01/2019 09101/2020 EACH OCCURRENCE $ 3.000.000 DAMAGE TO RENTED 560000 CLAIMS.MADE X OCCUR PREMISES(Ea occurrence) $ J( CONTRACTUAL LIABILITY MED EXP(Any one person) $ 10,000 PERSONAL&ADE INJURY $ 3,000.000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ IS 000,M0 I POLICY PELT LOC PRO PRODUCTS-COMP/OP AGO $ 15,000,000 OTHER $ A AUTOMOBILE LIABILITY X X RAD500033407 09/01/2019 09101/2020 CEOMBINactlEEDr)SINGLE LIMIT $ 2,866,666 X ANY AUTO Auto Physical Damage-Self Insured BODILY INJURY(Per personl $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROrPc TY DAMAGE $ AUTOS ONLY _ AUTOS ONLY $ 1, X UMBRELLA LIAR X OCCUR X X U57000023190001 09/01/2019 09/01/2020 EACH OCCURRENCE $ 10,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ 10,600,000 DED RETENTION$ $ B WORKERS COMPENSATION X RWD500032907(AGS) 09/01/2019 09/01/2020 X I PEATUTE I I DRH AND EMPLOYERS'LIABILITY B Y1NRWR50003300](WI) 09/0112019 09/01/2020 EL EACH ACCIDENT $ 1000,000 ANYPROPRIETORIPARTNER/EXECUTIVE B (OFFICE Manse orym R/MEMBEREECLUDED7 NIA) RWE500033107(WA) 09/01/2019 09/011ID20 EL DISEASE-EA EMPLOYEE $ 1000000 B If yes.describe under RWE500033207(OH) 09/01/2019 09/012020EL DISEASE-PoucY OMIT $ 1000,000 DESCRIPTION OF OPERATIONS below C Technology BO Ind U5Z000023190001 09/01/2019 09/01/2020 Each Claim/Aggregate 10000000 Cyber/Privacy Liability Retention 5.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ALORO 101,AddNonal Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Atlm Susan Bullock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE of Marsh USA Inc Katie Stephens 00/01- •y.a rr" I ©1988-2016 AC`'O'R'D'CORPORATION.� All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID. CN102197661 LOC#. Seattle ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc Centuryhnk,Inc and all subsidiaries. including but not limited to Qwest Communications International Inc,Embarq Co rperation POLICY NUMBER Level 3 Parent,LLC and Level 3 CommunleatlOns,LLC 100 CenturyLink Drive Monroe,LA 71203 CARRIER NAIC CODE EFFECPVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance GENERAL LIABILITY Automatic Addibonal Insureds Primary Coverage Additional€nsured—any person or organization that you are required in a written contract or written agreement or permit or statute,law or code of ordinances Coverage provided by the above General Liability policy shall be pnmary and is limited to liability arising out of Named Insureds ownership and/or operations My insurance carried by the additional insured shall not be contnbutory insurance Waiver of Transfer of Rights of Recovery Against Others to Us—Any person or organization with whom you have entered into a contract or agreement,or by statute,law or code of ordinances Separation of Insureds Applies Insurance covers incidents that occur within 50'of railroad properly,any railroad exclusions have been deleted per endorsement CO2417 -----AUTOMOBILE LIABILITY My person or organization you are required in a written contract,agreement,statute,law or code of ordinances provided the"bodily Injury'or"property damage"occurs subsequent to the executive of the contract,agreement,statute,law or code of ordinances Lessor-Additional Insured and Loss Payee-AllLessors Waiver ofTransfer of Rights of Recovery Aping Others to Us(Waiver of Subrogation)—My person or organization with whom you have waived prior to the"axidenf or the"loss' under a contract with that person or organization,or under statute,law or code of ordinances ---WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY(OH&WA-SELF-INSURED- $10o0,000RETENTION) --- Waver —Waver of Our Right to Recover from others Endorsement—Where required by written agreement sgned poor to loss,or required by statute,law or code of ordinances executed Prior to less EXCESSIUMBRELLA--- Coverage applies per occurrence Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement Waiver of Transfer of Rghts of Recovery Against Others to Us(Waiver of Subrogation) Any person or organization with whom you have entered into a contract or agreement,but only to me extent required by such contract or agreement Separation of Insureds Applies --COMMERCIAL CRIME-FIDELITY BOND--- Camer XL Specialty Insurance Company Policy Number ELU16348019 Effective Dates 09/0112019-09/012020 Each Occurrence$10,000,000 - U S PROPERTY-- CarrierAllianzUndenrntersInsurance Company Policy Number U5200W23190301 Effective Dates 09i01/2019-09/01/2020 Limit$25,000,900 Deductible$25,000.000 Property Coverage All Risk"of Direct Physical Loss or Damage to All Real and Personal Property,including Boiler Machinery,Earthquake,Flood and Wind-Replacement Cost Basis,and Business Interruption Actual Loss Sustained Loss Payee or mortgagee as required by wriMn contrac1oan agreement to the the extent of your insurable interest Waiver of Subrogation-Any person or organization whom you have entered into a contract or agreement,but only to the eetent required by such contract or agreement Other deductibles may apply as per policy terms and conditions ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 08/25/2020 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS . OBNF; Marsh USA Inc. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; CA License #0437153 F.NBJM 1301 5th Avenue, Suite 1900 BEESFTT; Seattle, WA 98101-2682 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Attn: Seattle.certrequest@marsh.com / Fax: 212-948-4326 22322 CN102197661-STND-ALL-20-21 JOTVSFS!B!;Greenwich Insurance Company JOTVSFE 37885 JOTVSFS!C!;XL Specialty Insurance Co. CenturyLink, Inc. and all subsidiaries, 36420 JOTVSFS!D!; Allianz Underwriters Ins Co including but not limited to: Qwest Communications International Inc.; Embarq Corporation; Level 3 Parent, LLC and Level 3 Communications, LLC JOTVSFS!E!; 100 CenturyLink Drive; Mailstop 5TS154 JOTVSFS!F!; Monroe, LA 71203 JOTVSFS!G!; SEA-003628385-064 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 09/01/2021 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 09/01/2020 XRGD500033308 3,000,000 X X FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 500,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X CONTRACTUAL LIABILITY NFE!FYQ!)Boz!pof!qfstpo*% 3,000,000 QFSTPOBM!'!BEW!JOKVSZ% 15,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X15,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU RAD50003340809/01/2020 A 09/01/2021 BVUPNPCJMF!MJBCJMJUZ% XX 2,000,000 )Fb!bddjefou* Auto Physical Damage - Self Insured BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE X CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % C U5Z000023190001 10,000,000 VNCSFMMB!MJBC 09/01/2021 X X XX 09/01/2020 FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC 10,000,000 DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 09/01/2020 09/01/2021 B XPSLFST!DPNQFOTBUJPO RWD500032908 (AOS) X X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O B09/01/202009/01/2021 RWR500033008 (WI) 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ B09/01/2021 09/01/2020 RWE500033108 (WA) 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 09/01/2021 09/01/2020 B RWE500033208 (OH) 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx CTechnology E&O incl.Each Claim/Aggregate10,000,000 09/01/202009/01/2021 U5Z000023190001 Cyber/Privacy LiabilityRetention5,000,000 EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: Susan Bullock UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 East Sprague Ave BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF pg!Nbsti!VTB!Jod/ Lbujf!Tufqifot ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE DO2132:8772 BHFODZ!DVTUPNFS!JE; Tfbuumf MPD!$; Qbhf!!!!!!!!!!!pg 33 BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE CenturyLink, Inc. and all subsidiaries, Marsh USA Inc. including but not limited to: Qwest Communications International Inc.; Embarq Corporation; QPMJDZ!OVNCFS Level 3 Parent, LLC and Level 3 Communications, LLC 100 CenturyLink Drive; Mailstop 5TS154 Monroe, LA 71203 DBSSJFSOBJD!DPEF FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- 36 Dfsujgjdbuf!pg!Mjbcjmjuz!Jotvsbodf GPSN!OVNCFS;GPSN!UJUMF; -------------------- GENERAL LIABILITY -------------------- Automatic Additional Insured’s Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured’s ownership and/or operations. Any insurance carried by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – any person or organization with whom you have entered into a contract or agreement, or by statute, law or code of ordinance. Separation of Insureds Applies. Insurance covers incidents that occur within 50’ of railroad property, any railroad exclusions have been deleted per endorsement CG2417. -------------------- AUTOMOBILE LIABILITY -------------------- Any person or organization you are required in a written contract, agreement, statute, law or code of ordinances provided the “bodily injury” or “property damage” occurs subsequent to the executive of the contract, agreement, statute, law or code of ordinances. Lessor - Additional Insured and Loss Payee - All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – Any person or organization with whom you have waived prior to the “accident” or the “loss” under a contract with that person or organization, or under statute, law or code of ordinances. --------- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF-INSURED - $1,000,000 RETENTION) --------- Waiver of Our Right to Recover from others Endorsement – Where required by written agreement signed prior to loss, or required by statute, law or code of ordinances executed prior to loss. -------------------- EXCESS/UMBRELLA -------------------- Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies. -------------------- COMMERCIAL CRIME - FIDELITY BOND -------------------- Carrier: XL Specialty Insurance Company Policy Number: ELU16972420 Effective Dates: 09/01/2020 - 09/01/2021 Each Occurrence: $15,000,000 -------------------- U.S. PROPERTY -------------------- Carrier: Allianz Underwriters Insurance Company Policy Number: U5Z000023190001 Effective Dates: 09/01/2020 - 09/01/2021 Limit: $25,000,000 Deductible: $25,000,000 Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cost Basis, and Business Interruption - Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 08/28/2021 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS . OBNF; Marsh USA Inc. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; CA License #0437153 F.NBJM 1301 5th Avenue, Suite 1900 BEESFTT; Seattle, WA 98101-2682 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Attn: Seattle.certrequest@marsh.com / Fax: 212-948-4326 22322 CN102197661-STND-ALL-21-22 JOTVSFS!B!;Greenwich Insurance Company JOTVSFE 37885 JOTVSFS!C!;XL Specialty Insurance Co. Lumen Technologies, Inc. 36420 JOTVSFS!D!; Allianz Underwriters Ins Co and all subsidiaries, including but not limited to: Qwest Corporation; Embarq Corporation; Level 3 Communications, LLC and JOTVSFS!E!; CenturyLink Communications, LLC JOTVSFS!F!; 100 CenturyLink Dr. Monroe, LA 71203 JOTVSFS!G!; SEA-003628385-155 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 09/01/2022 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 09/01/2021 XRGD500033309 3,000,000 X X FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 500,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X CONTRACTUAL LIABILITY NFE!FYQ!)Boz!pof!qfstpo*% 3,000,000 QFSTPOBM!'!BEW!JOKVSZ% 15,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X15,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU RAD50003340909/01/2021 A 09/01/2022 BVUPNPCJMF!MJBCJMJUZ% XX 2,000,000 )Fb!bddjefou* Auto Physical Damage - Self Insured BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE X CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % C U5Z000023190001 10,000,000 VNCSFMMB!MJBC 09/01/2022 X X XX 09/01/2021 FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC 10,000,000 DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 09/01/2021 09/01/2022 B XPSLFST!DPNQFOTBUJPO RWD500032909 (AOS) X X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O B09/01/202109/01/2022 RWR500033009 (WI) 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ B09/01/2022 09/01/2021 RWE500033109 (WA) 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 09/01/2022 09/01/2021 B RWE500033209 (OH) 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx CTechnology E&O incl.Each Claim/Aggregate10,000,000 09/01/202109/01/2022 U5Z000023190001 Cyber/Privacy LiabilityRetention5,000,000 EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: Susan Bullock UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 East Sprague Ave BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE DO2132:8772 BHFODZ!DVTUPNFS!JE; Tfbuumf MPD!$; Qbhf!!!!!!!!!!!pg 33 BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE Lumen Technologies, Inc. Marsh USA Inc. and all subsidiaries, including but not limited to: QPMJDZ!OVNCFS Qwest Corporation; Embarq Corporation; Level 3 Communications, LLC and CenturyLink Communications, LLC 100 CenturyLink Dr. DBSSJFSOBJD!DPEF Monroe, LA 71203 FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- 36 Dfsujgjdbuf!pg!Mjbcjmjuz!Jotvsbodf GPSN!OVNCFS;GPSN!UJUMF; -------------------- GENERAL LIABILITY -------------------- Automatic Additional Insured’s Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured’s ownership and/or operations. Any insurance carried by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – any person or organization with whom you have entered into a contract or agreement, or by statute, law or code of ordinance. Separation of Insureds Applies. Insurance covers incidents that occur within 50’ of railroad property, any railroad exclusions have been deleted per endorsement CG2417. -------------------- AUTOMOBILE LIABILITY -------------------- Any person or organization you are required in a written contract, agreement, statute, law or code of ordinances provided the “bodily injury” or “property damage” occurs subsequent to the executive of the contract, agreement, statute, law or code of ordinances. Lessor - Additional Insured and Loss Payee - All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – Any person or organization with whom you have waived prior to the “accident” or the “loss” under a contract with that person or organization, or under statute, law or code of ordinances. --------- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF-INSURED - $1,000,000 RETENTION) ------ --- Waiver of Our Right to Recover from others Endorsement – Where required by written agreement signed prior to loss, or required by statute, law or code of ordinances executed prior to loss. -------------------- EXCESS/UMBRELLA -------------------- Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies. -------------------- COMMERCIAL CRIME - FIDELITY BOND -------------------- Carrier: XL Specialty Insurance Company Policy Number: ELU17739321 Effective Dates: 09/01/2021 - 09/01/2022 Deductible: $2,500,000 Each Occurrence: $15,000,000 -------------------- U.S. PROPERTY -------------------- Carrier: Allianz Underwriters Insurance Company Policy Number: U5Z000023190001 Effective Dates: 09/01/2021 - 09/01/2022 Limit: $25,000,000 Deductible: $25,000,000 Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cost Basis, and Business Interruption - Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 08/26/2022 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS ... OBNF; Marsh USA Inc. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; CA License #0437153 F.NBJM 1301 5th Avenue, Suite 1900 BEESFTT; Seattle, WA 98101-2682 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Attn: Seattle.certrequest@marsh.com / Fax: 212-948-4326 22322 CN102197661-STND-ALL-21-22 Greenwich Insurance Company JOTVSFS!B!; JOTVSFE 37885 XL Specialty Insurance Co. JOTVSFS!C!; Lumen Technologies, Inc. 36420 JOTVSFS!D!;Allianz Underwriters Ins Co and all subsidiaries, including but not limited to: Qwest Corporation; Embarq Corporation; Level 3 Communications, LLC and JOTVSFS!E!; CenturyLink Communications, LLC JOTVSFS!F!; 100 CenturyLink Dr. Monroe, LA 71203 JOTVSFS!G!; SEA-003628385-175 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 09/01/2023 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 09/01/2022 XRGD500033310 3,000,000 X X FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 500,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X CONTRACTUAL LIABILITY NFE!FYQ!)Boz!pof!qfstpo*% 3,000,000 QFSTPOBM!'!BEW!JOKVSZ% 15,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X15,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU RAD50003341009/01/2022 A 09/01/2023 BVUPNPCJMF!MJBCJMJUZ% XX 2,000,000 )Fb!bddjefou* Auto Physical Damage - Self Insured BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE X CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % C U5Z000023220 10,000,000 VNCSFMMB!MJBC 09/01/2023 X X XX 09/01/2022 FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC 10,000,000 DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 09/01/2022 09/01/2023 B XPSLFST!DPNQFOTBUJPO RWD500032910 (AOS) X X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O B09/01/202209/01/2023 RWR500033010 (WI) 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ B09/01/2023 09/01/2022 RWE500033110 (WA) 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 09/01/2023 09/01/2022 B RWE500033210 (OH) 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx CTechnology E&O incl.Each Claim/Aggregate10,000,000 09/01/202209/01/2023 U5Z000022330 Cyber/Privacy LiabilityRetention5,000,000 EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: Susan Bullock UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 East Sprague Ave BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF pg!Nbsti!VTB!Jod ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE DO2132:8772 BHFODZ!DVTUPNFS!JE; Tfbuumf MPD!$; Qbhf!!!!!!!!!!!pg 33 BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE Lumen Technologies, Inc. Marsh USA Inc. and all subsidiaries, including but not limited to: QPMJDZ!OVNCFS Qwest Corporation; Embarq Corporation; Level 3 Communications, LLC and CenturyLink Communications, LLC 100 CenturyLink Dr. DBSSJFSOBJD!DPEF Monroe, LA 71203 FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- 36 Dfsujgjdbuf!pg!Mjbcjmjuz!Jotvsbodf GPSN!OVNCFS;GPSN!UJUMF; -------------------- GENERAL LIABILITY -------------------- Automatic Additional Insured’s Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured’s ownership and/or operations. Any insurance carried by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – any person or organization with whom you have entered into a contract or agreement, or by statute, law or code of ordinance. Separation of Insureds Applies. Insurance covers incidents that occur within 50’ of railroad property, any railroad exclusions have been deleted per endorsement CG2417. -------------------- AUTOMOBILE LIABILITY -------------------- Any person or organization you are required in a written contract, agreement, statute, law or code of ordinances provided the “bodily injury” or “property damage” occurs subsequent to the executive of the contract, agreement, statute, law or code of ordinances. Lessor - Additional Insured and Loss Payee - All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) – Any person or organization with whom you have waived prior to the “accident” or the “loss” under a contract with that person or organization, or under statute, law or code of ordinances. --------- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF-INSURED - $1,000,000 RETENTION) ------ --- Waiver of Our Right to Recover from others Endorsement – Where required by written agreement signed prior to loss, or required by statute, law or code of ordinances executed prior to loss. -------------------- EXCESS/UMBRELLA -------------------- Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies. -------------------- COMMERCIAL CRIME - FIDELITY BOND -------------------- Carrier: XL Specialty Insurance Company Policy Number: ELU18499022 Effective Dates: 09/01/2022 - 09/01/2023 Deductible: $2,500,000 Each Occurrence: $15,000,000 -------------------- U.S. PROPERTY -------------------- Carrier: Allianz Underwriters Insurance Company Policy Number: U5Z000023220 Effective Dates: 09/01/2022 - 09/01/2023 Limit: $25,000,000 Deductible: $25,000,000 Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cost Basis, and Business Interruption - Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE 1 9-oao Accm o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/31/2023 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 MARSH USA LLC. CA License #0437153 CONTACT NAME' PHONE aC No): E-MAIL ADDRESS: 1301 5th Avenue, Suite 1900 Seattle, WA 98101-2682 Attn: Seattle.ce0request@marsh.com / Fax: 212-948-4326 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 CN102197661-STND-ALL-23-24 INSURED Lumen Technologies, Inc. and all subsidiaries, including but not limited to: INSURER B : XL Specialty Insurance Co. 37885 INSURER C : Allianz Underwriters Ins Cc 36420 INSURER D : Owest Corporation; Embarq Corporation; Level 3 Communications, LLC and CenturyLink Communications, LLC 100 CenturyLink Dr. INSURER E : INSURER F : Monroe, LA 71203 COVERAGES CERTIFICATE NUMBER: SEA-003628385-20 REVISION NUMBER: 5 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 LTR OF INSURANCE ADDTYPE INSp SUBRWVp POLICY NUMBER POLICY POLICY M/L DYEXP /YYYY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE � OCCUR CONTRACTUAL LIABILITY X X RGD500033311 09/01/2023 09/01/2024 EACH OCCURRENCE $ 3,000,000 PREM SESDAMAGE TOEa ocourrDence $ 500,000 X MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JERC7 LOC OTHER: GENERAL AGGREGATE $ 15,000,000 X PRODUCTS-COMP/OPAGG S 15,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED E NON -OWNED AUTOS ONLY AUTOS ONLY X X RAD500033411 Auto Physical Damage - Self Insured 09/01/2023 09/01/2024 COMBINED SINGLE LIMIT Ea cident ac $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X U5Z000023220 09/01/2023 09/01/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED I I RETENTION $ $ B B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTN ER/EXECUTIVE OFFICERIMEMBEREXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X RWD500032911 (AOS) RWR500033011(WI) RWE500033111 WA ( ) RWE500033211 (OH) =/2023 09/01/2023 09/01/2023 09/01/2023 09/01/2024 09/01/2024 09/01/2024 09/01/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Technology E&O incl. Cyber/Privacy Liability U5Z000023220 09/01/2023 09/01/2024 Each Claim/Aggregate Retention 10,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GtK I IhIGA I L HULUtK I.HrYI.CLLPI I IUN City of Spokane Valley Attn: Susan Bullock 10210 East Sprague Ave Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC U 198B-2U16 AGUKU cUKPUKA I IUN. All rlgntS reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A�� " CERTIFICATE OF LIABILITY INSURANCE DATE9/2024 YYYY) 08/29I2024 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 MARSH USA LLC. CONTACT NAME' PHONE FAX No): CA License #0437153 E-MAIL ADDRESS: 13015th Avenue, Suite 1900 Seattle, WA 98101-2682 Attn: Seattle.certrequest@marsh.00m / Fax: 212-948-4326 INSURERS AFFORDING COVERAGE NAIC # INSURER A : Greenwich Insurance Company 22322 CN 102197661 -STND-ALL-23-24 INSURED Lumen Technologies, Inc. INSURER B: XL Specialty Insurance Co. 37885 INSURER C : Allianz Underwriters Ins Co 36420 and all subsidiaries, including but not limited to: INSURER D : Cwest Corporation; Embarq Corporation; Level 3 Communications, LLC and CenturyLink Communications, LLC 100 CenturyLink Dr. INSURER E : INSURER F Monroe, LA 71203 COVERAGES CERTIFICATE NUMBER: SEA-003628385-24 REVISION NUMBER: 10 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE X� OCCUR CONTRACTUAL LIABILITY X X RGD500033312 09/01/2024 09/01/2025 EACH OCCURRENCE $ 3,000,000 DAMAGE TO R PREMISESEa occu ence $ 500,000 X MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO- JECT LOC OTHER: GENERAL AGGREGATE $ 15,000,000 PRODUCTS -COMP/OP AGG $ 15,000,000 1 $ A AUTOMOBILE LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X RAD500033412 Auto Physical Damage - Self Insured 09/01/2024 09/01/2025 (COaBINEDtSINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ XIANY X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X U5Z000023220 09/0112024 09/01/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED I I RETENTION$ $ B B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED7 � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X RWD500032912 (AOS) RWR500033012 (WI) RWE500033112 (WA) RWE500033212 OH ( ) 09/01/2024 09/01/2024 09/01/2024 09/01/2024 09/01/2025 09/01I2025 09/01/2025 09/01/2025 PER X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Technology E&O incl. Cyber/Privacy Liability U5Z000023220 09/01/2024 09/01/2025 Each Claim/Aggregate Retention 10,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Susan Bullock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102197661 _ LOC #: Seattle AC R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC. Lumen Technologies, Inc. and all subsidiaries, including but not limited to: Qwest Corporation; Embarq Corporation; Level 3 Communications, LLC and POLICY NUMBER CenturyLink Communications, LLC 100 CenturyLink Dr. Monroe, LA 71203 CARRIER CARRIER T�`�J EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance GENERAL LIABILITY Automatic Additional Insured's Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured's ownership and/or operations. Any insurance carried by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) — any person or organization with whom you have entered into a contract or agreement, or by statute, law or code of ordinance. Separation of Insureds Applies. Insurance covers incidents that occur within 50' of railroad property, any railroad exclusions have been deleted per endorsement CG2417. AUTOMOBILE LIABILITY Any person or organization you are required in a written contract, agreement, statute, law or code of ordinances provided the "bodily injury" or "property damage" occurs subsequent to the executive of the contract, agreement, statute, law or code of ordinances. Lessor - Additional Insured and Loss Payee - All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) —Any person or organization with whom you have waived prior to the "accident" or the "loss" under a contract with that person or organization, or under statute, law or code of ordinances. ------- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF -INSURED - $1,000,000 RETENTION) ------ Waiver of Our Right to Recover from others Endorsement — Where required by written agreement signed prior to loss, or required by statute, law or code of ordinances executed prior to loss. ------ EXCESS/UMBRELLA ----- Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies, ------------ COMMERCIAL CRIME - FIDELITY BOND Cartier. XL Specialty Insurance Company Policy Number: ELU199086-24 Effective Dates: 09/01 /2024 - 09/01/2025 Deductible: $1.000,000 Each Occurrence: $15,000,000 U.S. PROPERTY Carrier: Allianz Underwriters Insurance Company Policy Number: U5Z000023220 Effective Dates: 09/01/2024 - 09/01/2025 Limit: $25,000,000 Deductible: $25,000,000 Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cost Basis, and Business Interruption - Actual Loss Sustained. Loss Payee or mortgagee as required by written contractNoan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD