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22-200.00 Spokane Valley HUB: 2023 Outside Agency Grants' 22-200.00 OUTSIDE AGENCY GRANT AGREEMENT WITH THE CITY OF SPOKANE VALLEY 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 HUB, hereinafter referred to as "Entity," jointly referred to as "Parties." DEFINITION Fund(s). "Fund(s)" is defined as any amount of compensation derived from the monies of the City of Spokane Valley granted to Entity. IN CONSIDERATION of the terms and conditions contained herein, the Parties covenant and agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is for Entity to receive funds from the City in order to provide economic development or social services within the City. 2. Administration. The City Manager or designee shall administer and be the primary contact for Entity regarding terms of this Agreement. For good cause, as solely determined by City, City may direct that Entity is no longer entitled to the use of said funds and terminate this Agreement. 3. Representations. Entity shall use the funds received from City for economic development or social services solely for the purposes and in accordance with the proposal submitted by Entity to the City and its presentation to the City Council on September 20, 2022, incorporated herein by reference. Entity shall perform the services and work set forth in the proposal and presentation and promptly cure any failure in performance. City has relied upon the representations made by Entity in the proposal and presentation. By execution of this Agreement, Entity represents that the funds will be used for economic development or social services in accordance with all current laws, rules and regulations. No substitutions of purpose or use of the funds shall be made without the written consent of City. City shall make decisions and carry out its other responsibilities in a timely manner. 4. Reporting. Entity shall file an annual summary report outlining and describing the use of the funds provided by City and the services provided and the benefits of such services to the community. The summary report shall be filed no later than January 31, 2024. 5. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Entity shall accept modifications consistent with state and local law when directed orally or in writing by the City Manager or 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) Entity expends all of the funds granted by City and (b) Entity provides the annual report required pursuant to Section 4 of this Agreement. Services and work set forth in the proposal and presentation shall be completed from January 1, 2023 to December 31, 2023. 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. Pagel of 5 22-200.00 7. Compensation. City agrees to reimburse Entity for out of pocket costs incurred in an amount not to exceed $4.286. 8. Payment. City shall reimburse Entity periodically upon presentation of an invoice to City. Entity shall be responsible for showing that the City funds were used for economic development or social services. Accordingly, the City shall not reimburse any expenses until Entity provides summary/cover sheet, a detailed description of the services, goods, or other costs incurred and expended, as well as copies of the invoices and receipts and proof of payment for which Entity is requesting reimbursement. For any payroll related reimbursement requests, a description of the work performed for the hours being requested must be submitted, along with any timesheets or similar payroll documents. In the event no invoice was provided to Entity, Entity shall provide an affidavit under penalty of perjury as to the detailed description of the use of the funds expended. Qualified expenditures shall be incurred in calendar year 2023 and paid by Entity no later than January 15, 2024. City shall not reimburse any expenditures incurred prior to or after calendar year 2023 or paid after January 15, 2024. The proof of expenses and payment shall be forwarded to the Finance Director at the below stated address no later than January 21, 2024. If the amount awarded is less than the requested amount in the application, Entity shall be reimbursed for line items or projects in the application up to the amount awarded. Also, Entity shall not be reimbursed for specific line items or projects in an amount greater than the budget submitted for that line item or project in the application. Entity is an independent contractor and shall be solely responsible for all employee payroll related costs or expenditures. Entity shall assume all responsibility for maintaining complete payroll records on programs where City funds have been used. If payroll costs are disallowed by the Washington State Auditor's office or another oversight agency, Entity shall reimburse the City for any City funds used in the program. 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 designee to be noncompliant with the scope of work, City standards, and City ordinances, 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: Name: Chelsie Taylor, Finance Director Phone Number: (509) 720-5040 Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 TO ENTITY: Name: Phil Champlin, Executive Director Phone Number: (509) 927-0602 Address: P.O. Box 604 Greenacres, WA 99016 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 Entity, 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 Entity. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Entity. Entity shall be solely responsible for the conduct and actions of all employees of Entity under this Agreement and any liability that may attach thereto. Page 2 of 5 r 22-200.00 12. Insurance. Entity 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 Entity, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Entity's required insurance shall be of the types and coverages described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Entity's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Entity shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. C. Other Insurance Provisions. The Entity's policies are to contain, or be endorsed to contain, the following provisions for automobile 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 self -insured pool coverage maintained by City shall be in excess of Entity's insurance and shall not contribute with it. 2. Entity shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Entity maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Entity, irrespective of whether such limits maintained by Entity 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 Entity. 4. Failure on the part of Entity to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Entity to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Entity from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Page 3 of 5 22-200.00 E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Entity shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 13. Indemnification and Hold Harmless. Entity 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 Entity, Entity's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Entity and the City, its officers, officials, employees, and volunteers, the Entity's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Entity's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Entity's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 Entity's 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, Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 18. Confidentiality. Entity may, from time to time, receive information which is deemed by the City to be confidential. Entity 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 Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Entity 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 Page 4 of 5 22-200.00 that arise out of, or that are related to Entity's services under this Agreement. Entity further agrees that the Arbitrator(s) decision therein shall be final and binding on Entity 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: Entity's proposal — on file with the City Clerk Exhibit 2: Insurance certificates The Parties have executed this Agreement this/Z day of 05 c o-A g�z , 2022 CITY OF SPOKANE VALLEY oe�z'� n Hohman, City Manager Entity: ,qj ( j,,4� By: ',Pli l L C /T.1► Pt l.4,� Its: Authorized Representative APPROVED AS TO FORM: Office of City A orney Page 5 of 5 SPOKVAL-12 KBRADLEY A�ORO CERTIFICATE OF LIABILITY INSURANCE DATE 11/M15/2022 ) 11 /15/2022 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 endorsements . CONTACT PRODUCER NAME_ _...._ Alllant Insurance Services, Inc. PHO(A/C, No o, E:t): (509) 325-3024 _ _ jam, No :(1 509) 325-1803 818 W Riverside Ave Ste 800 E-MAIL Spokane, WA 99201 _ADDRESS —. —-- INSURER�:Philadelphia Indemni Insurance Compare 18058 INSURED Spokane Valley HUB 19619 E Cataldo Ave INsuRERO: Liberty Lake, WA 99016 Iusurtaa c COVERAGES CERTIFICATE NUMBER: REVISION NUMt3hK: 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. _ INSRLTR, TYPE OF INSURANCE ADj IADDLNSCI,SUBDR. POLICY NUMBER MM D Y EFF POLICYNYYYI EXP LIMITS A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE 1,000,000 CLAIMS -MADE X OCCUR X PHPK2477008 11/7/2022 11/7/2023 PAMAGETORENTED $ 100,000 MED EXP (Anv one person) $ G�EN'L AGGREGATE LIMIT APPLIES PER: _ POLICY !_7 jpa � LOC X GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 3,000,000 3,000,000 EI$ 1 AUTOMOBILE LIABILITY dent a - --- �- ANY AUTO PHPK2477008 11/7/2022 11/7/2023 BODILY INJURY (Per person rr �! OWNEDF I AU�TNO.pSyUyLNEDp '': BODILY INJURY (Per accident 9 X AUTOS ',, PPe�adeYM) GE — X AUTOS ONLY OY UMBRELLA LIAB OCCUR EACH OCCURRENCE is EXCESS LIAR CLAIMS MADE — I AGGREGATE j S DED RETENTION $ _ A WORKERS COMPENSATION OTH- � ER AND EMPLOYERS' LIABILITY YIN PHPK2477008 .STATUTE 1117I2022 11/7/2023 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICEP/MEMBER EXCLUDED? N / A E. L. EACH ACCIDENT 1,000,000 (Mandatory in NH) E L. DISEASE -EAEMPLOYEEI$ If yes, describe under c nlcoecc _Orel Iry i IWIIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley is Additional Insured with respect to General Liability if required by written contract per Endorsement #PIAS009 0404 attached CERTIFICATE HOLDER I:ANI tLLAI IUry _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE -� c�4-1 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD V PI-AS-009 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our' refer to the Company providing this insurance. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A. Supplementary Payments — Bail bonds increased to $2,500/Loss of earnings increased to $500 each day; B. Tenant's Legal Liability — for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers — Limit increased to $300, 000, C. Broadened Definition of Who Is An Insured, D. Amended Duties In the Event Of Occurrence, Claim Or Suit, E. Broadened definition of Advertising Injury — includes Televised Or Videotaped Publication; F. Amended definition of Bodily Injury to include Mental Anguish; G. Broadened definition of Personal Injury — includes Abuse Of Process/Discrimination; H. Amended Unintentional Failure To Disclose Hazards; 1. Amended Liberalization Clause J. Added Employee Indemnification Defense Coverage — We will pay up to $25,000 in defense costs for an "employee" in a criminal proceeding (subject to established criteria); K. "Property Damage" - Removed exclusion for "Property damage" resulting from the use of reasonable force to protect persons or property; L. Added blanket Additional Insured — Funding Source; M. Added blanket Additional Insured — Managers or Lessors of Premises; N. Non -owned Watercraft — coverage length is increased to 58 ft. Page 1 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) A. Supplementary Payments In the Supplementary Payments — Coverages A. and B. provision: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. B. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: 1. The Limits of Insurance section of the Declarations as the Fire Damage Limit. That limit: a. Is changed subject to all the terms of Limit of Insurance (Section III) to the greater of: (1) $300,000; or (2) The amount shown in the Declarations as the Fire Damage Limit. b. Subject to a. above is the most we will pay to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. 2. The last paragraph of Coverage A. (Section 1) after the Exclusions; 3. Paragraph 6. of Limits of Insurance (Section III); 4. Paragraph b.(1)(b) of the Other Insurance Condition (Section IV); and 5. Paragraph a. of the definition of "insured contract." C. Who Is An Insured Who Is An Insured (Section II) is changed as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period. D. Duties In The Event Of Occurrence, Claim Or Suit 1. The requirement in Condition 2.a. (Conditions, Section IV) that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. Page 2 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. E. Advertising Injury —Televised Or Videotaped Publication 1. The definition of "Personal and Advertising Injury' items 14. d., e., f. and g. is changed to read: "Personal and Advertising Injury" means injury arising out of one or more of the following offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Misappropriation of advertising ideas or style of doing business; or g. Infringement of copyright, title or slogan. 2. 2. Exclusions b. and c. of Coverage B., Personal And Advertising Injury Liability, are changed to read: b. (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. (3) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. F. Bodily Injury — Mental Anguish The definition of "bodily injury" is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. G. Personal Injury— Abuse Of Process/Discrimination If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded from this Coverage Part: 1. The definition of "Personal and Advertising Injury" is changed by: Page 3 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) Revising Item b. of that definition to read: Malicious prosecution or abuse of process; b. Adding the following: "Personal Injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer, director, stockholder, partner or member of the insured; or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or (3) Directly or indirectly related to the sale, rental, lease or sub -lease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or (4) Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The insurance afforded by G.1.b. above does not apply to fines or penalties imposed because of discrimination. H. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: 3. We will pay on your behalf defense costs incurred by an "employee" in a criminal proceeding. However, you must have a prior written agreement with such "employee" whereby you agree to indemnify the "employee" for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the number of employees, claims or "suits" brought or persons or organizations making claims or bringing "suits." Page 4 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) K. Extended "Property Damage" SECTION I — COVERAGES, COVERAGE A, 2. Exclusions a. is deleted and replaced by the following: Expected or Intended Injury 'Bodily Injury' or "Property Damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. L. Additional Insured — Funding Source Under SECTION II — WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. M. Additional Insured — Managers or Lessors of Premises Under SECTION II — WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. N. Non -owned Watercraft SECTION I — COVERAGES, 2. Exclusions, paragraph g. (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. Page 5 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. SPOKVAL-12 SRATCLIFF .4coR0" CERTIFICATE OF LIABILITY INSURANCE ATE116/91171123 11/6/2023 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 CO_nANTACT Serena RatCliff, CLIC Alliant Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 HONE FAXExt : No E-MAIL . Serena.Ratcliff@ailiant.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B : INSURER C : Spokane Valley HUB INSURER D : 19619 E Cataldo Ave Liberty Lake, WA 99016 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMRER- 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 LTRMMIDDNYYYI TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X PHPK2620999 11/7/2023 11/7/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TISESO R(EaENTED occurrence) 100000 $ MED EXP (Any oneperson) PER SONAL&ADVINJURY 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY 0 PRO- JECT LOC OTHER: GENERAL AGGREGATE 3,000,000 PRODUCTS - COMP/OP AGG 3,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED �( NON -OWNED AUTOS ONLY AUTOS ONLY PHPK2620999 11/7/2023 11/7/2024 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) S BODILY INJURY Per accident S X PROPERTY AMAGE Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PHUB888176 11/7/2023 11/7/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICER/M EMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PHPK2620999 11/7/2023 11/7/2024 I PER OTH- E.L. EACH ACCIDENT 11000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 S E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS ]VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Spokane Valley is Additional Insured with respect to the General Liability per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley 10210E Sprague Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHO/RIIZ'ZE-D- REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD