20-077.00 Spokane Valley Partners: COVID-19 Emergency Assistance 20.o17
EMERGENCY COVID-19 PANDEMIC GRANT AGREEMENT BETWEEN
SPOKANE VALLEY PARTNERS AND THE CITY OF SPOKANE
VALLEY FOR EMERGENCY ASSISTANCE FOR LOW INCOME RESIDENTS
THIS AGREEMENT is made by and between the City of Spokane Valley,a non-charter code City
of the State of Washington, hereinafter referred to as "City," and Spokane Valley Partners, hereinafter
referred to as "Partners,"jointly referred to as "Parties."
DEFINITION
Fund(s). "Fund(s)" is defined as any amount of compensation derived from the monies of the City
granted to Partners.
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1.Purpose of Agreement.The purpose of this Agreement is for Partners to receive funds from the
City in order to provide emergency assistance to low income individuals resulting from the COVID-19
pandemic within the City.
2.Administration.The City Manager or his designee shall administer and be the primary contact
for Partners regarding terms of this Agreement. For good cause, as solely determined by City, City may
direct that Partners is no longer entitled to the use of said funds and terminate this Agreement.
3. Representations. Partners shall use the funds received from City for the purposes set forth in
Exhibit 1. By execution of this Agreement,Partners represents that the funds will be used for those purposes
set forth in Exhibit 1, generally summarized as emergency assistance necessitated by the COVID-19
pandemic with the general community, and shall be pursuant to all current laws,rules and regulations. No
substitutions of purpose or use of the funds shall be made without the written consent of City.
4. Reporting. Partners shall file a monthly reports outlining and describing the use of the funds
provided by City and the services provided. Monthly reports shall be filed no later than the 15 day following
the end of each prior month this agreement is in place. The City may require a report sooner than monthly
if Partners requests additional funds pursuant to Section 7, below in order to document appropriate use of
the funds.
5. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Partners shall accept modifications consistent with state and local law when
directed orally or in writing by the City Manager or his designee.
6. Term of Contract. This Agreement shall be in full force and effect upon full execution, and
shall remain in effect until terminated when (a) Partners expends all of the funds granted by City; or (b)
Partners identifies the need for any remaining funds has ended; and(c)Partners provides the final monthly
report on use of funds. This Agreement shall terminate no later than August 31, 2020, unless otherwise
extended by the Parties.
Either Party may terminate this Agreement by 30 days written notice to the other Party or with no
notice upon a determination by the City that the funds will not be or have not been used for the purpose as
stated in this Agreement. In the event of such termination,City shall cease and desist from distributing any
further funds to Entity for work performed or otherwise and Entity may be required to reimburse the City
for any funds expended for a purpose other than as stated in this Agreement.
7. Compensation. City agrees to provide $25,000 for applicable expenses set forth in Exhibit 1.
The Parties agree to review the sufficiency of this funding and may,at the sole option of the City Manager,
• Page 1 of 5
amend this Agreement by adding$25,000 for additional services. Any additional funds thereafter beyond
$50,000 would have to be further approved by the City Council at a subsequent meeting.
8.Payment. City shall pay Partners within 10 days of execution of this Agreement, and all funds
shall be used for the purposes set forth in Exhibit 1.
Partners is an independent contractor and shall be solely responsible for all employee payroll-
related costs or expenditures. No City funds may be used for employee payroll costs or expenditures.
Partners shall assume all responsibility for maintaining complete payroll records on programs where City
funds have been used.
City reserves the right to withhold payment of funds under this Agreement or to seek
reimbursement of funds distributed under this Agreement which are determined in the reasonable judgment
of the City Manager or his designee to be noncompliant with the Exhibit 1,the Spokane Valley Municipal
Code,or federal or state law.
9. Notice. Notice shall be given in writing as follows or such change in address as provided by
either Party:
TO CITY: TO PARTNERS:
Name: Chelsie Taylor,Finance Director Name: Calvin Coblentz, CEO
Phone Number: (509) 720-5040 Phone Number: (509)927-1153
Address: 10210 East Sprague Avenue Address: PO Box 141360
Spokane Valley,WA 99206 Spokane Valley, WA 99214
10.Applicable Laws and Standards.The Parties, in the performance of this Agreement,agree to
comply with all applicable federal, state, and local laws, ordinances,and regulations.
11.Relationship of the Parties.It is understood,agreed and declared that Partners, its employees,
agents and assigns shall be an independent contractor and not the agent or employee of City, that City is
interested in only the results to be achieved,and that the right to control the particular manner,method,and
means in which the services are performed is solely within the discretion of Partners. Any and all
employees who provide services to City under this Agreement shall be deemed employees solely of
Partners,who shall be solely responsible for the conduct and actions of all employees of Partners under this
Agreement and any liability that may attach thereto.
12. Insurance. Partners shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Partners, its agents,representatives, employees or subcontractors.
A.Minimum Scope of Insurance. Entity shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or
a substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage. If use of vehicles pursuant to the
Agreement is only incidental, and Partners will not transport any persons not directly
related or affiliated with Partners,then Partners is only required to have automobile liability
insurance to meet at least minimum Washington state requirements.
2. Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent
contractors and personal injury and advertising injury. City shall be named as an additional
Page 2 of 5
insured under Partners' commercial general liability insurance policy with respect to the
work performed for the City using an additional insured endorsement at least as broad as
ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B.Minimum Amounts of Insurance.Entity shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than $1,000,000 per accident. If Partners will not use its
vehicles in the performance of this Agreement, automobile liability insurance is only
required to meet Washington statutory minimum requirements.
2. Commercial general liability insurance shall be written with limits no less than
$1,000,000 for each occurrence, and$2,000,000 for general aggregate.
C.Other Insurance Provisions.The policies are to contain,or be endorsed to contain,the following
provisions for automobile liability, professional liability and commercial general liability
insurance:
1. Entity's insurance coverage shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be in
excess of Partners' insurance and shall not contribute with it.
2. Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Partners.
D.Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best rating
of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Partners shall furnish acceptable insurance certificates to the City at the time Partners returns the
signed Agreement. The certificate shall specify all of the parties who are additional insureds, and
shall include applicable policy endorsements, and the deduction or retention level. Insuring
companies or entities are subject to City acceptance. If requested, complete copies of insurance
policies shall be provided to the City. Partners shall be financially responsible for all pertinent
deductibles, self-insured retentions,and/or self-insurance.
F. Failure to Maintain Insurance. Failure on the part of Partners to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving at
least five days'written notice to Partners to cure the breach,immediately terminate the Agreement
or, at the City's discretion, procure or renew such insurance and pay any and all premiums in
connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole
discretion of the City, offset against funds due the Partners from the City.
G. City Full Availability of Partners' Insurance Limits. If the Partners maintains higher insurance
limits than the minimums shown above, the City shall be insured for the full available limits of
commercial general and excess or umbrella liability maintained by the Entity, irrespective of
whether such limits maintained by the Partners are greater than those required by this Agreement
or whether any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Partners.
Page 3 of 5
13. Indemnification and Hold Harmless. Partners shall, at its sole expense, defend, indemnify,
and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services
provided by Partners, Partners' agents, subcontractors, subconsultants, and employees to the fullest extent
permitted by law, subject only to the limitations provided below.
Partners' duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising
out of such services caused by or resulting from the sole negligence of City or City's agents or employees
pursuant to RCW 4.24.115.
Partners' duty to defend,indemnify,and hold City harmless against liability for damages arising out of such
services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Partners,
Partners' agents, subcontractors, subconsultants and employees, shall apply only to the extent of the
negligence of Partners,Partners' agents, subcontractors, subconsultants, and employees.
Partners' duty to defend, indemnify,and hold City harmless shall include,as to all claims,demands,losses,
and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, the reasonable
value of any services rendered by the office of the City Attorney,outside consultant costs,court costs, fees
for collection, and all other claim-related expenses.
Partners specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way
by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third
party under workers'compensation acts, disability benefit acts,or other employee benefits acts. Provided,
that Partners' waiver of immunity under this provision extends only to claims against Partners by City,and
does not include, or extend to, any claims by Partners' employees directly against Entity.
Entity hereby certifies that this indemnification provision was mutually negotiated.
14.Records.The City or State Auditor or any of their representatives shall have full access to and
the right to examine during normal business hours all of Partners'records with respect to all matters covered
in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or
transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of
matters covered by this Agreement for a period of three years from the date final payment is made
hereunder.
15.Waiver.No officer,employee,agent or other individual acting on behalf of either Party has the
power,right or authority to waive any of the conditions or provisions of this Agreement. A waiver in one
instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies
afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every
other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions
of this Agreement or to require at any time performance by the other Party of any provision hereof shall in
no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or
any part thereof.
16.Assignment and Delegation.Neither Party shall assign,transfer or delegate any nor all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written
consent of the other Party.
17. Subcontracts. Except as otherwise provided herein, Partners shall not enter into subcontracts
for any of the work contemplated under this Agreement without obtaining prior written approval of City.
Page 4 of 5
1
17. Subcontracts.Except as otherwise provided herein,Partners shall not enter into subcontracts
for any of the work contemplated under this Agreement without obtaining prior written approval of City.
18. Confidentiality. Partners may, from time-to-time, receive information which is deemed by
the City to be confidential. Partners shall not disclose such information without the prior express written
consent of the City or upon order of a Court of competent jurisdiction.
19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington.
Disputes between the City and Partners shall be resolved in the Superior Court of the State of Washington
in Spokane County. Notwithstanding the foregoing,Partners agrees that it may, at the City's request,be
joined as a party in any arbitration proceeding between the City and any third party that includes a claim
or claims that arise out of, or that are related to Partners' services under this Agreement. Partners further
agrees that the Arbitrator(s)decision therein shall be final and binding on Partners and that judgment may
be entered upon it in any court having jurisdiction thereof.
20. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of
this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness
fees).
21. Entire Agreement. This written Agreement constitutes the entire and complete agreement
between the Parties and supersedes any prior oral or written agreements. This Agreement may not be
changed,modified or altered except in writing signed by the Parties hereto.
22. Anti-kickback. No officer or employee of City, having the power or duty to perform an
official act or action related to this Agreement shall have or acquire any interest in this Agreement, or
have solicited, accepted or granted a present or future gift,favor,service or other thing of value from any
person with an interest in this Agreement.
23.Severability.If any section,sentence,clause or phrase of this Agreement should be held to be
invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of
any other section,sentence,clause or phrase of this Agreement.
24.Exhibits.Exhibits attached and incorporated into this Agreement are:
Exhibit 1: Scope of Services;and
Exhibit 2:Insurance certificates.
The Parties have executed this Agreement this 011-- day of Afri.X ,2020.
CITY OF SPOKANE VALLEY Spokane Valley Partners:
0,441-L
Mar Calhoun, City Manager By: Ca lv ,A `l3. Cobl.e-ry z , CEC)
Its: Authorized Representative
ATTEST. APPROVED AS TO FORM:
(7teid
'stine Bainbridge,City Clerk Office t e City ey
Page 5 of 5
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(GENERAL LIABILITY)
,:lon'P r Ins irartcef!fogram(NPIP)
fir., Endorsement Effective
t�1 G-0''1113-09 8/112018
THIS ENDOR$ENIENTpHANGES THE POLICY.PLEASE READ IT CAREFULLY
xy This'sndorspmentmodifies insurance provided underthefollowing:
GENERAL LIABILITY COVERAGE PART
This endwsemottt changes the poligr efl on the inception date of the policy unless another date Is indicated above.
Schedule
Pe .crrOrNantzetion(Additlonal inisurod) As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator
�yt n,eyyliey
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S Is'1/A4e}l,"WA"99208
IV! ing funds tc s�ra�f, pport programs erld serylces in 2020.The City of Spokane Valley Is named as Additional Insured regarding these
gPd" fun onitand s su'l to policy te}ms,conditions,and exclusions.Additional Insured endorsement Is attached.
A. With reapec4rto the General Llablitly CoVerage Part only,the definition of insured in the Llabl ily Conditions.Definitlons
a d rslant egatiOn oftiga poii is amended to Include as an'Insured the Person or Organization shown In the above
5d�®drda,��ich ens norOcgarl tlonidaninsuredonlywithrespecttoliabilityforBodilyinjury,PropertyDamage,or
POrsionit, nd 4dvertleln f 1njulry cqusedei whole or in part by youracts or omissions or the acts or omissions of those
a on r`ltbehaiF.
1, In performance of your bngolnp-operations;or
2. In ainnectioii with yourpremisps owned or rented to you,
B. The Urns of Irpayance appflaabie.to the,additional Insured ere those speed in either the:
1. Wrttten contract or wiitfarl agr jpent;or
2. Dsda1'agohs fosthis policy,
fever is 1 se4heee LUlnls of lneurance are inclusive and not in addition to the L nits Of Insurance shown in the Declarations.
F3 A9 othsSr ietms and�nd�lpns Tema*unchanged.
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Page 2
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SCOPE OF SERVICES
The Scope of Work under this Agreement includes generally providing emergency
assistance to Spokane Valley residents, including but is not limited to, food, housing assistance,
diaper and related products, clothing, and similar things normally covered through programs
offered by Spokane Valley Partners. Additionally, the cost of transportation for delivering such
items is a reimbursable cost since social distancing is a critical component of reducing
opportunities for contamination.
Issue Date 5/22/2020 Cert #:0000034026
Non Profit Insurance Program
CERTIFICATE OF COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE 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 be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of
the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCERCOMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive American Alternative Insurance Corporation, et al.
Ephrata, WA 98823
AUTOMOBILE LIABILITY
American Alternative Insurance Corporation, et al.
PROPERTY
INSURED
American Alternative Insurance Corporation, et al.
Spokane Valley Partners
MISCELLANEOUS PROFESSIONAL LIABILITY
10814 East Broadway
Princeton Excess and Surplus Lines Insurance Company
Spokane Valley, WA 99206
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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.
TYPE OF INSURANCEPOLICY NUMBERPOLICY EFF POLICY EXP DESCRIPTIONLIMITS
DATEDATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITYN1-A2-RL-0000013-106/01/20206/01/2021PER OCCURRENCE$5,000,000
OCCURRENCE FORMPER MEMBER AGGREGATE$10,000,000
INCLUDES STOP GAPPRODUCT-COMP/OP$5,000,000
PERSONAL & ADV. INJURY$5,000,000
(LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$50,000,000
AUTOMOBILE LIABILITY
ANY AUTON1-A2-RL-0000013-106/01/20206/01/2021COMBINED SINGLE LIMIT$5,000,000
(LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE
PROPERTY
N1-A2-RL-0000013-106/01/20206/01/2021ALL RISK PER OCC EXCL EQ & FL$75,000,000
EARTHQUAKE PER OCCExcluded
FLOOD PER OCCExcluded
(PROPERTY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATENONE
MISCELLANEOUS PROFESSIONAL LIABILITY
N1-A3-RL-0000060-106/01/20206/01/2021PER CLAIM$5,000,000
(LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS)ANNUAL POOL AGGREGATE$40,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS
Regarding grant funds to support programs and services in 2020. The City of Spokane Valley is named as Additional Insured regarding these grant funds only and is subject
to policy terms, conditions, and exclusions. Additional Insured endorsement is attached.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
WITH THE POLICY PROVISIONS.
CERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE
City of Spokane Valley
10210 E Sprague Avenue
Spokane Valley, WA 99206
3531900
AMERICAN ALTERNATIVE
INSURANCE COMPANY
ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION
–
(GENERAL LIABILITY)
Named Insured
Non Profit Insurance Program (NPIP)
Policy NumberEndorsement Effective
N1-A2-RL-0000013-106/1/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
GENERAL LIABILIT Y COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above.
Schedule
Person or Organization (Additional Insured):As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator
City of Spokane Valley
10210 E Sprague Avenue
Spokane Valley, WA 99206
Regarding grant funds to support programs and services in 2020. The City of Spokane Valley is named as Additional
Insured regarding these grant funds only and is subject to policy terms, conditions, and exclusions. Additional Insured
endorsement is attached.
A. With respects to the General Liability Coverage Part only, the definition of I nsured in the Liability Conditions, Definitions and Exclusions
section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or
Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury
caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1.In performance of your ongoing operations; or
2.In connection with your premises owned or rented to you.
B.The Limits of Insurance applicable to the additional Insured are those specified in either the:
1.Written contract or written agreement; or
2.Declarations for this policy,
whichever is less. The se Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
Includes copyrighted material of the Insurance Services Office, Inc., with its permission
3531900