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23-137.00 Family PromiseDocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 CITY OF SPOKANE VALLEY GRANT AGREEMENT Grant Recipient: Family Promise of Spokane Project: Valley FLASH (Fast -Leasing & Sustainable Housing) Program Award Amount: $1,095,078 Project#: NSA Contract#: 23-137.00 Term Period: Effective Date To December 31, 2024 THIS AGREEMENT is a grant agreement entered into between Family Promise of Spokane, a Washington nonprofit corporation (the "Grant Recipient") and the City of Spokane Valley, a municipal corporation of the State of Washington (the "City") (collectively the "Parties") for the purpose of providing homelessness prevention services and emergency housing serving City residents as described herein. RECITALS A. The City's draft Homelessness Action Plan dated May 30, 2023, notes that homelessness is one of the most challenging social issues facing the City. The action plan to prevent and reduce homelessness in the community sets forth three primary objectives: preventing homelessness from occurring where possible, reducing current levels of homelessness, and improving the quality of life of residents, including those experiencing homelessness. City homelessness programs align with a fundamental purpose of the City to provide aid to the poor and infirm and to provide affordable housing within the community. B. According to data provided by Grant Recipient, in the 2021-2022 school year, 584 people experienced homelessness in the three Spokane Valley school districts, and as of January 2023, the districts reported an increase to 647 homeless students. Children who experience homelessness are three times more likely to drop out of school, five times more likely to be victims of sexual violence and seven times more likely to attempt suicide than their housed counterparts. The Project funded with this Grant Award is intended to reduce the number of Spokane Valley school district students exposed to homelessness and the average length of homelessness. C. As detailed in the Scope of Work, the Project serves a fundamental governmental purpose, is a City purpose for which the City is receiving consideration in the form of community benefits, and is a City purpose in support of the poor or infirm, as provided in the State constitution. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1 of 19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 1. DEFINITIONS 1.1 Project. The term "Project' means the homelessness prevention services and minor capital project improvement for the Valley House described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ❑ Scope of Work Attached as Exhibit A ❑ Project Budget Attached as Exhibit B ❑ Timeline, Milestones, & Performance Metrics Attached as Exhibit C ❑ Insurance Requirements Attached as Exhibit D ❑ Prevailing Wage Certification Attached as Exhibit E 1.2 Administrator. The City Manager or designee shall administer and be the primary contact for Grant Recipient throughout the term of this Agreement. 1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work") attached hereto as Exhibit A, which describes the Project purpose and community benefits in detail and includes a description of the services to be provided with Grant Award Funds. Grant Recipient shall apply the funds received from the City for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit A. 1.4 Project Budget. Grant Recipient shall work with the City to develop a final Project Budget, to be attached hereto as Exhibit B. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date"). TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on December 31, 2024. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 2of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 4. AMENDMENTS This Agreement together with the attached exhibits is the whole Agreement between the Parties. This Agreement may be amended only in writing, duly executed by the Parties. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses below via electronic mail. THE CITY OF SPOKANE VALLEY Family Promise of Spokane City Clerk Joe Ader, Executive Director 10210 East Sprague Avenue 2002 E. Mission Ave, Spokane Valley, WA 99206 Spokane, WA 99202 (509) 720-5000 509-747-5487 m atterson s okanevalle wa. ov jaderAfamilypromiseofspokane.org Either Party may, at any time, by giving ten (10) days written notice to the other Party to designate any other notice address. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The City may authorize, at the City's sole discretion, reimbursement of Project - related costs incurred on or after May 16, 2023 (the date the City Council approved the Award Amount). 6.2 The City Finance Department will provide instructions outlining the process for submitting electronic reimbursement requests within 14 days of execution of this Agreement. The City shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project -related invoices, proof of payment, and related documentation submitted by Grant Recipient to the City Finance Department at accountspay able a pokancv allcv The City will reimburse amounts determined by the City Manager or designee to be for the purposes of this Agreement. The City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the purposes of this Agreement, City standards, City Code, and federal or state law. The City shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit A) and Project Budget (Exhibit B), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by that day, the City will be relieved of all liability for payment to Grant Recipient of that invoice or any subsequent invoice. 3of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement must be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the City Manager or designee as outlined in Exhibit C of this Agreement. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A and B of this Agreement. If Grant Recipient cannot complete the Project as described, the City shall be released from any obligation to fund the Project, and the City in its sole discretion may reallocate such funds for other projects. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as described in the Scope of Work in at Exhibit A. 9. COMMUNICATION AND THE CITY OF SPOKANE VALLEY MILESTONE NOTIFICATION Grant Recipient shall recognize City as a "funder" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "The City of Spokane Valley" at all events promoting the Project. 9.2 Community Relations: Grant Recipient shall recognize "The City of Spokane Valley" and the City as a "funder" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 The City of Spokane Valley Notification: Grant Recipient shall notify the City Manager or designee 30 days prior to any major milestone. 9.4 Sim: Grant Recipient shall recognize "The City of Spokane Valley" on any signage as "funder" of the Project. Grant Recipient is required to obtain approval from the City Manager or designee to use the City logo on any signage and communications. If approved, the appropriate City logo will be provided by the City. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS Any Grant Award proceeds in excess of those required to be provided by the City for the actual costs of the Project shall remain with the City for use in its sole discretion. 11. INSURANCE REQUIREMENTS. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements. 12. CONSTRUCTION OF THE FACILITY 12.1 Capital Improvements. 4of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 Grant Recipient shall design the Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other legal requirements. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and the City, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 12.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 12.3 Right to Inspect Construction. City personnel or agents may inspect the Project work at any time provided that such persons observe due regard for workplace safety and security. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, the City will inspect the Facility construction project before final completion of the Facility. 12.4 Desisn. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. 12.5 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 12.6 Public Works Laws. The City is providing funds to pay or reimburse eligible costs up to a fixed Grant Award amount. Grant Recipient (and not the City) is responsible for design, development and construction of the Project and for all construction costs and risks, including all construction cost overruns. In no event shall the City be responsible for any costs associated with the construction of the Project. As owner of the property, Grant Recipient bears all ownership risks and responsibilities. The Grant Recipient certifies that all contractors and subcontractors performing work on the Project shall be paid prevailing wages in compliance with state 5of19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 13 14. 15 no 23-137.00 Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by the Grant Award, and shall complete and submit Exhibit E. The grant is made to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family of low income (income that does not exceed eighty percent of the median area income) and therefore is not considered a public work, provided that, pursuant to RCW 35.21.685, whenever feasible the Grant Recipient shall make every reasonable and practicable effort to utilize a competitive public bidding process. Grant Recipient will indemnify and defend the City should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 12.7 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit C — Insurance Requirements. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls sufficient to comply, and demonstrate compliance, with all financial, reporting, record keeping and other requirements under this Agreement. MAINTENANCE OF RECORDS 14.1 Grant Recipient shall establish and maintain a system of accounting and internal controls sufficient to comply, and demonstrate compliance, with all financial, reporting, record keeping and other requirements under this Agreement. Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, and Agreement deliverables, to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 14.2 These records shall be maintained for six (6) years after the expiration or earlier termination of this Agreement. RIGHT TO INSPECT The City reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the City and in completing the Project, including, without limitation, those relating to providing programming on a nondiscriminatory basis, providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA). The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from the City; and further agrees that the City does not waive this Section by giving notice of 6of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 demand for compliance in any instance. The Grant Recipient shall indemnify and defend the City should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 17. CORRECTIVE ACTION 17.1 If the City determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by the City in its sole discretion in its written notification to Grant Recipient. 17.2 The City may withhold any payment owed Grant Recipient until the City is satisfied that corrective action has been taken or completed. 18. TERMINATION 18.1 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the City immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the City. 18.2 Any City obligations under this Agreement beyond the current appropriation biennium are conditioned upon the City Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current budget period. 18.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section I and Exhibits A and B, or upon reimbursement by the Grant Recipient to the City of all unexpended proceeds provided by the City pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 19. FUTURE SUPPORT; UTILITIES AND SERVICE The City makes no commitment to support the Project contracted for herein and assumes no obligation for future support of the Project contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the City shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 20. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient 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 Grant Recipient, its 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 7of19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 persons or damages to property caused by or resulting from the concurrent negligence of Grant Recipient and the City, its officers, officials, employees, and volunteers, Grant Recipient's liability, including the duty and cost to defend, hereunder shall be only to the extent of Grant Recipient's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grant Recipient'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. Grant Recipient's duties and City's remedies under this Section 21 will survive the expiration or earlier termination of this Agreement. Grant Recipient shall include the two paragraphs above in any contracts with Contractor(s) for the Project, indemnifying and holding harmless the City, substituting references to Grant Recipient with references to Contractor(s). 21. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 22. CONFLICT OF INTEREST Grant Recipient shall take appropriate steps to ensure that neither the Grant Recipient nor any Grant Recipient staff is placed in a position where, in the reasonable opinion of the City, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Grant Recipient and the duties owed to the City under the provisions of the Agreement. Grant Recipient will notify the City without delay giving full particulars of any such conflict of interest which may arise. 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE• EQUIPMENT PURCHASE MAINTENANCE AND OWNERSHIP A. As between the City and Grant Recipient, Grant Recipient shall be responsible to provide the Project programs at its own sole expense and risk. Grant Recipient shall maintain the any Project Facility in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the City is not responsible to operate or to maintain any Project Facility in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this 8of19 . DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 Section shall survive the expiration of this Agreement and remain in effect for the period set forth in Section 14. 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the City. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the City, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 27. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement is entered into in Spokane County, Washington. Disputes between City and Grant Recipient shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Grant Recipient agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Grant Recipient's services or other actions under this Agreement. Grant Recipient further agrees that the Arbitrator(s)' decision therein shall be final and binding on Grant Recipient and that judgment may be entered upon it in any court having jurisdiction thereof. 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). 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, City and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, 9of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 duty or obligation in any person or entity not a party to it. It is understood and agreed that Grant Recipient 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, scope, and means in which the services are performed is solely within the sole and absolute discretion of Grant Recipient. Any and all Grant Recipient employees who provide services to City under this Agreement shall be deemed employees solely of Grant Recipient. Grant Recipient shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 31. PERMITS AND LICENSES Grant Recipient shall complete the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 32. INTERPRETATION OF CITY RULES AND REGULATIONS If there is any question regarding the interpretation of any City rule or regulation, the City decision will govern and will be binding upon the Grant Recipient. 33. PUBLIC RECORDS. The Parties agree that all records of Grant Recipient prepared pursuant to this Agreement, and which are owned, used, or retained by the City, are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees not to intentionally waive any statutory exemptions from disclosure available for such records under the Public Records Act. The City shall, if possible, notify Grant Recipient before any disclosure, and provide Grant Recipient an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to Grant Recipient intervention in any judicial proceeding in which Grant Recipient resists release of the records. The City shall have no duty to resist release of any public records created pursuant to this Agreement, except to provide notice to Grant Recipient of the request for and disclosure of such records as previously described. All annual reports and other related documents identified in this Agreement prepared by Grant Recipient pursuant to this Agreement and provided to the City are and shall be the property of City and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Grant Recipient pursuant to this Agreement and provided to the City shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared pursuant to this Agreement for the City, provided that Grant Recipient shall have no liability for the use of Grant Recipient's work product outside of the scope of its intended purpose. Grant Recipient may, from time -to -time, receive information which is deemed by City to be confidential. Grant Recipient shall not disclose such information without the prior 10 of 19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 express written consent of City or upon order of a court of competent jurisdiction. 34. BUSINESS REGISTRATION Grant Recipient shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the City and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. By signing below, the signatories certify that they are authorized to contract and bind the respective parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date written. The City of Spokane Valley By Title C , ry A--4 ,�C.go-- Date 0 --; i - Z 3 11 of 19 Family Promise of Spokane DocuSgrcd Cy: By_ cocouz rem2erta. Title Executive Director Date 8/10/2023 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 Exhibit A - Scone of Work I. INTRODUCTION According to data provided by Grant Recipient, in the 2021-2022 school year, 584 people experienced homelessness in the three Spokane Valley school districts, and as of January 2023, the districts reported an increase to 647 homeless students. Children who experience homelessness are three times more likely to drop out of school, five times more likely to be victims of sexual violence and seven times more likely to attempt suicide than their housed counterparts. II. OBJECTIVES The Project funded with this Grant Award is intended to reduce the number of Spokane Valley school district students exposed to homelessness and the average length of homelessness. III. PROJECT DESCRIPTION Grant Recipient will provide the following Project services: Prevention: FLASH prioritizes preventing homelessness from occurring in the first place by utilizing the following upstream resources. • School -Based Housing Case Management: Working closely with the HEART McKinney-Vento liaisons for Central and East Valley School Districts, Grant Recipient's in -reach case managers will operate out of University and East Valley High Schools to provide housing -focused case management for housing -insecure students and their immediate families. Case Managers will work closely with Volunteers of America (VOA) to assist unaccompanied youth. If this pilot proves effective, this model can readily spread to other schools within the community. • Landlord Relationship Coordinator: Grant Recipient will provide landlord relationship coordination by building a network of relationships and agreements with Spokane Valley landlords in order to rapidly rehouse homeless families and resolve tenant/landlord issues to ensure continued stable housing for families. • Direct Client Assistance: Grant Recipient provides direct client assistance, allowing Case Managers to address barriers to housing including paying for identification cards, birth certificates, rental and utility assistance, deposits and move -in costs, employment uniforms and equipment, employment certification costs, etc. • Rental and Utility Assistance: Grant Recipient provides direct client assistance, to landlords or utility companies to stabilize housing by preventing evictions and utility shutoffs. • Diversion: Grant Recipient provides asset -based focused conversations by trained staff to identify tools and resources that a family may have that could help prevent them from entering the homeless shelter system. 12 of 19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 • Diversion+: Grant Recipient provides focused conversations combined with financial support to prevent families from accessing the homeless shelter system. Diversion+ covers costs that impact a family's ability to retain housing. Example expenses include obtaining identification, job certifications or equipment, transportation costs, and other costs to overcome barriers. Grant Recipient is participating in a national research study with Notre Dame University's Lab for Economic Opportunities to assess the effectiveness of Diversion+ interventions in preventing homelessness. As part of the study, up to half of the City of Spokane Valley's funds used on Diversion+ may be matched by a grant from the Pulte Foundation, passed through the University of Notre Dame's Lab for Economic Opportunity. Stabilization Case Management: Grant Recipient provides stabilization case management focusing on helping families in housing build the education, skills, and relationship networks needed to maintain stable housing. Provision of Emergency Housing: Should preventative measures be unable to stabilize a family in housing, Grant Recipient will provide access to emergency housing in the following ways: Valley House: Valley House will serve as a hub for Spokane Valley programming, offering between three (3) and five (5) rooms, which will be available for families seeking emergency housing. Within the first 72 hours, the Landlord Relationship Coordinator and Case Managers will rapidly work to rehouse the family by contacting the network of landlords, identifying available housing options, and assisting with paperwork, move -in costs, and up to one year of pre -paid rent. Landlord payments may be applied to mitigate housing barriers as necessary. A portion of funds will be used to make Capital Improvements, including adding a paved area to the property, to ensure guests receive dignified, safe emergency shelter and supportive services while in the program. Family Promise Center: If a family is not successfully housed within 72 hours from Valley House, Grant Recipient will invite them to transition to the Family Promise Center (2002 E Mission Avenue, Spokane, WA 99202) to access our Emergency Family Shelter. This site meets the basic needs of over 200 families per year. The site also offers access to Grant Recipient's Housing -First case management model, which was responsible for housing nearly 42% of all people experiencing homelessness in Spokane County in 2022. IV. CONSIDERATION/PUBLIC BENEFIT Support City residents in need by providing homeless prevention and transitional housing services identified above. 13 of 19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 Exhibit B - Project Budget ,Category Salaries and Benefits 449,230 Telephone / Internet 4,200 Utilities 10,465 Program Supplies (incl. food) 8,100 Direct Client Assistance 611,277 Office Supplies 600 Repairs & Maintenance 4,000 Transportation 1,952 START-UP 12,500 Other 100 Total Program Operations $ 1,102,424 Administration $ 51,615 GRANT TOTAL $ 1,154,039 Capital Improvements 75, 000 Other Funding: Schools' (WSAC) 20,000 FCS : Shelter 113,625 Total Request $1,095,414 14 of 19 23-137.00 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 Exhibit C- Timeline. Milestones & Performance Metrics I. PROPOSED TIMELINE July 1— Sept. 30, 2023: Grant Period Begins Grant Recipient Secures Property, Makes Necessary Program Adjustments • Security Lighting, Cameras, Child -Proof Locks, etc. • Install or Replace Equipment (i.e., laundry machines) • Make necessary repairs to the property to protect the family's safety. • Purchase essential furnishings. Grant Recipient trains the Valley House Manager, Supervisors, Landlord & Community Relationship Coordinators, Grant Writer, and Case Management staff. Grant Recipient Case Managers meet with Spokane Valley agencies that serve children and families to discuss the Valley FLASH program and the service referral process. October 1, 2023 Valley FLASH is fully operational and accepting referrals. Grant Recipient's Finance Manager will submit monthly reimbursement requests to the City's Finance department as outlined in Section 6 of this agreement, and provide other financials as requested. Grant Recipient's Data Specialist ensures CMIS is set up to track project performance measures. They will submit monthly impact reports to the City Manager or designee as outlined in Exhibit C II, Milestones/Performance Metrics. Grant Recipient's Outreach & Recruitment Team executes the Fundraising Plan set by the Outreach & Recruitment Director. The School -Based Housing Case Manager is on -site working with students and families experiencing homelessness at University and East Valley High Schools. January 1, 2024 Valley FLASH Program Operations Continue Grant Recipient's Outreach & Recruitment Team will continue cultivating relationships with local businesses, congregations, and other communities to build financial and in -kind relationships to sustain program operations. April 1, 2024 Valley FLASH Program Operations Continue Grant Recipient Performs Program Evaluation to Determine the Next Steps • Did the program meet the performance measures? 15 of 19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 • Did the program meet the intended end objective? o Determine FY24 Plan & Budget for Valley House based on outcomes. December 31, 2024 Grant Period Ends Grant Recipient's continues to best serve Spokane Valley families and the larger community so that they are equipped to end the cycle of family homelessness. Pending the success of the program and fundraising plan, Grant Recipient intends to continue this program into the future to use it as a model for other Spokane County locations and service providers. II. MILESTONES/PERFORMANCE METRICS Grant Recipient will measure the following information and provide this information to the City on a monthly basis by the 15th day of the following month until expiration of this Agreement: 1) The number of Spokane Valley families that connect with Grant Recipient about its services. a) The number of Diversion Assessments conducted. b) The number of households that received direct client assistance to prevent or divert homelessness. The average amount of direct client assistance per household. 2) The number of families that enter the Valley House. a) The percentage of families rehoused in permanent housing in Spokane Valley within 72 hours of intake. b) The percentage of families that (do not) transition to the FPC. c) The number and percentage of Spokane Valley families rehoused through the program. 3) The average number of days between referral for services and securing permanent housing. 4) The percentage of families who relocate to Spokane Valley and remain stably housed after exiting Valley House or FPC. 16of19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 Exhibit D- Insurance Requirements Grant Recipient 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 Grant Recipient, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Grant Recipient's required insurance shall be of the types and coverages as stated below: i. 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 00 01. ii. 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 Grant Recipient'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 2026. iii. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. iv. Professional liability insurance appropriate to Grant Recipient's profession. B. Minimum Amounts of Insurance. Grant Recipient shall maintain the following insurance limits: i. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. iii. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. Grant Recipient's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: i. Grant Recipient'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 Grant Recipient's insurance and shall not contribute 17 of 19 DocuSign Envelope ID: A4C1 BFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 with it. ii. Grant Recipient 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. iii. If Grant Recipient 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 Grant Recipient, irrespective of whether such limits maintained by Grant Recipient 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 Grant Recipient. iv. Failure on the part of Grant Recipient 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 Grant Recipient 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 Grant Recipient 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 A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Grant Recipient 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. 18of19 DocuSign Envelope ID: A4CIBFEB-0092-4ABF-B70D-229BCAC96803 23-137.00 EXHIBIT E PREVAILING WAGE CERTIFICATION The GRANT RECIPIENT, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement, including but not limited to the filing of the "Statement of intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANT RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the City of Spokane Valley's review upon request. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website address: https:Hlni.wa.gov/licensing-permits/public-works-groiects/prevailing-wa e-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. For any funds are used by the GRANT RECIPIENT for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANT RECIPIENT, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANT RECIPIENT's governing body as of the date and year written below. D Spned Ey Family Promise of Spokane DATE: 8/10/2023 19 of 19 Client#: 194462 FAMIPROM ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/15/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ONTA Kytee Tongue Propel Insurance PHONE FAX Ext : 800 499-0933 ac, No): 866 577-1326 1201 Pacific Avenue; Suite 1000 E-MAIio ADDRESS: kylee.tongue@propelinsurance.com COM Construction Tacoma, WA 98402-4321 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Church Mutual Insurance Company 18767 INSURED Family Promise of Spokane INSURER B : 2002 E Mission Avenue INSURER C : Spokane, WA 99202 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION Nt1MRER- 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. �1R TYPE OF INSURANCE DLSUBR INSR WVD POLICY NUMBER MMNDY� POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 041801902456045 9/12/2022 09/12/202 EACH�OCCURRENCE s2,000,000 PREMISES EaEoccccurrence $1,000,000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECOT- F LOC OTHER: GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY X 041801909456049 9/12/2022 09/12/202 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 041801981456050 9/12/2022 09/12/202 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N9TATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ A Professional Liab X 041801902456045 9/12/2022; 09/12/202 Each Claim - $2,000,000 Aggregate - $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Valley FLASH (Fast -Learning & Sustainable Housing) Program Additional Insured Status applies per attached form(s). The City of Spokane Valley 10210 East Sprague Avenue 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 1A & aw ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6102936/M5602086 KXT01 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT FOR CONTRACT, AGREEMENT OR PERMIT - INCLUDING LESSOR OF LEASED EQUIPMENT, OWNER OF LEASED LAND, MANAGERS OR LESSORS OF PREMISES, ENGINEERS, ARCHITECTS AND SURVEYORS AND VENDORS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following is added to the General Liability Additional Provisions Form. A. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT, OR PERMIT. 1. Paragraph C. - WHO IS AN INSURED, is amended to include as an insured: (a) Any person or organization with whom you have entered into a written contract, agreement or permit requiring you to provide insurance as is afforded by this General Liability Coverage Form will be an additional insured, but only: (1) To the extent that such additional insured is held liable for acts or omissions committed by you or your subcontractors during the performance of your ongoing operations. (2) With respect to property owned or used by, or rented or leased to, you. The insurance afforded any additional insured under this paragraph will be subject to all applicable exclusions or limitations described in paragraphs 2.(a), (b), (c), (d) and (e) and in 3.(a), (b), (c), (d), (e) and (f) below. (b) Such insurance as is provided by this paragraph for any additional insured will be primary, if so required by the written contract, agreement, or permit. Any other insurance available to such person or organization shall be excess over this insurance. (c) A person's or organization's status as an additional insured in connection with a written contract, agreement or permit under this paragraph ends when your operations for that additional insured are completed or the written contract, agreement or permit is terminated or expires. 2. Additional Exclusions or Limitations (a) Lessor of Leased Equipment If an equipment lessor is an additional insured as a result of the provisions of paragraphs 1.(a), (b) and (c) above, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; (2) To "bodily injury" or "property damage" arising out of the sole negligence of such additional insured. (b) Owner of Leased Land If an owner or other interest from whom land has been leased is an additional insured as a result of the provisions of paragraphs 1.(a), (b) and (c) above, the following additional exclusions apply: Copyright, Church Mutual Insurance Company, 2012. A 267.1 (08-12) rviPage 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2004, This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction, or demolition operations performed by or on behalf of the owner or other interest from whom the land was leased. (c) Managers or Lessors of Premises If a manager or lessor of premises you rent or lease is an additional insured as a result of the provisions of paragraphs 1.(a), (b) and (c) above, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction, or demolition operations performed by or on behalf of the manager or lessor of that premises. (d) Engineers, Architects, or Surveyors If an engineer, architect or surveyor is an additional insured as a result of the provisions of paragraphs 1.(a), (b) and (c) above, the following additional exclusions apply: This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. (e) Vendors of "Your Products" If a vendor of "your products" is an additional insured under this Coverage Part, such insurance as is provided to the additional insured applies only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and subject to the following additional exclusions: (1) This insurance afforded the vendor does not apply to: (i) 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (ii) Any express warranty unauthorized by you; (iii) Any physical or chemical change in the product made intentionally by the vendor; A 267.1 (08-12) Copyright, Church Mutual Insurance Company, 2012. Page 2 Of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2004. (iv) Repackaging, except b) Such inspections, unpacked solely for the adjustments, tests or purpose of inspection, servicing as the vendor demonstration, testing, or has agreed to make or the substitution of parts normally undertakes to under instructions from the make in the usual manufacturer, and then course of business, in repackaged in the original connection with the container; distribution or sale of the products. (v) Any failure to make such inspections, adjustments, (2) This insurance does not apply to tests, or servicing as the any insured person or vendor has agreed to make organization from whom you or normally undertakes to have acquired such products, or make in the usual course of any ingredient, part, or container business; in connection with entering into, accompanying or the distribution or sale of the containing such products. products; 3. Such insurance as is afforded for any (vi) Demonstration, installation, additional insured under 1. and as servicing, or repair modified by Paragraph 2. above is operations, except such subject to all applicable exclusions operations performed at the under Coverage A, BODILY INJURY vendor's premises in AND PROPERTY DAMAGE LIABILITY connection with the sale of COVERAGE, Paragraph 2. Exclusions the product; or other than 2.b. which is applicable to contractual liability; and to the following (vii) Products which, after additional exclusions: distribution or sale by you, have been labeled or (a) The independent acts or omissions relabeled or used as a of such additional insured. container, part or ingredient of any other thing or (b) Any liability arising from injury or substance by or for the damage in connection with a vendor. contract or agreement executed or permit issued subsequent to: (viii) "Bodily injury" or "property damage" arising out of the (i) The occurrence of any "bodily sole negligence of the injury" or "property damage'; or vendor for its own acts or omissions or those of its (ii) The commission of any offense employees or anyone else which caused "personal and acting on its behalf. advertising injury." However, this exclusion does not apply to: (c) Construction or demolition activities within 50 feet of any railroad a) The exceptions property and affecting any railroad contained in Sub bridge or trestle, track, road -bed, paragraphs (iv) or (vi); tunnel, underpass or crossing. or A 267.1 (08-12) Copyright, Church Mutual Insurance Company, 2012. Page 3 Of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2004. (d) Any liability arising from injury or damage in connection with a permit issued by a state political subdivision if the liability is from operations performed for the state or political subdivision. (e) Any liability from "bodily injury" or "property damage" arising out of "your work" which is included in the "products -completed operations hazard." This additional exclusion A.3.(e) does not apply with respect to such Vendors coverage as is provided under A.2.(e) above. (f) Any person or organization included as an insured under any other provision of Paragraph C., Who Is An Insured, or included as an additional insured by any endorsement to this policy. A 267.1 (08-12) Copyright, Church Mutual Insurance Company, 2012 Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©insurance Services Office, Inc., 2004. Client#: 194462 FAMIPROM 23_ i3�. 00 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/25/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kylee Tongue Propel Insurance PHONE 800 499-0933 F X A/C, No, EM : A/C, No):866 577-1326 1201 Pacific Avenue; Suite 1000 n DRIESS: kylee.tongue@propelinsurance.com COM Construction Tacoma, WA 98402-4321 INSURER(S) AFFORDING COVERAGE NAIC p INSURER A: Church Mutual Insurance Company 18767 INSURED Family Promise of Spokane INSURER B 2002 E Mission Avenue INSURERC: Spokane, WA 99202 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDYYY IY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X1 OCCUR 041801902643290 9/12/2023 0911212024 EACH OCCURRENCE s2,000,000 PREMISES. occu ence $1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC GENERAL AGGREGATE $ 5,000,000 X PRODUCTS-COMP/OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 041801909643293 9/12/2023 09/12/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS t BODILY INJURY Per accident) ( ) $ X HIRED ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE Per accident $ $ X Comp -1000 X Coll - 1000 A X UMBRELLA LIAB X OCCUR 041801981643294 9/12/2023 09/12/2024 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5 000 000 DED X RETENTION $10 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 $ A Professional Liab 041801902643290 9/12/2023 09/12/2024 Each Claim - $2,000,000 Aggregate - $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Valley FLASH (Fast -Learning & Sustainable Housing) Program Additional Insured Status applies per attached form(s). aiauaL61a1111a The City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 ACORD 25 (2016/03) 1 of 1 #S6173045/M6173024 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 I & teow ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXT01 413-13r7 Client#: 194462 FAMIPROM fit] Z .G 1. DATE (MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 09/12/2024 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 OF? 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Julie McElderry Propel Insurance PHONE g00 499-0933 866 577-1326 1201 Pacific Avenue; Suite 1000 E-MAIL Ext : (A/C No ADDRESS: Julie.McElderry@propelinsurance.com COM Middle M8 � INSURER(S) AFFORDING COVERAGE NAIC q Tacoma, WA 9840202-4321 INSURER A: Church Mutual Insurance Company 18767 INSURED INSURER B Family Promise of Spokane 2002 E Mission Avenue Spokane, WA 99202 I INSURER E : COVERAGES CERTIFICATE NUMBFR- RFVISInN NI IMRFR- 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 3 OCCUR 041801925802436 9/12/2024 09/12/202 EACH $1 000000 �OCCURRENCE PREMISES E.0. ence $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: PRO - POLICY 7 ECT ❑ LOC GENERAL AGGREGATE $ 3,000,000 GEN'L PRODUCTS - COMP/OP AGG $1,000,000 $ OTHER: A AUTOMOBILE LIABILITY 041801909802446 9/12/2024 09/12/202 COMBINED SINGLE LIMIT Ea $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PROPER $ A UMBRELLA LIAB OCCUR 041801985805447 9/12/2024 09/12/2025 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYEIR ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICERIMEMBER EXCLUDED? � N / A 041801925802436 WA STOP GAP 9/12/2024 09/12/202 SER TE OTH- E.L. EACH ACCIDENT $1,000,000 — E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below _ 041801925802436 E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liab 9/12/2024 09/12/202 1,000,000 Empl. Theft 041801925802436 9/12/2024 09/12/202 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule., may be attached if more space is required) Blanket Additional Insured, Blanket Waiver of Subrogation and Primary and Non -Contributory apply per the attached form. RE: Valley FLASH (Fast -Learning & Sustainable Housing) Program Additional Insured Status applies per attached form(s). ULUCK The City of Spokane Valley 10210 East Sprague Avenue 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. A,UTTHHOORIZED REPRESENTATIVE �IY/� • & ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S69186561M6918647 JXM04 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CMCG 12 09 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONPROFIT AND HUMAN SERVICES - GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CLAIMS -MADE VERSION) This endorsement broadens coverage. However, coverage for any injury, damage, or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and the coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. SCHEDULE The following Schedule is a general description of the amended coverages and limits of insurance provided by this endorsement. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties and what is and is not covered. DESCRIPTION OF COVERAGE LIMIT OF INSURANCE / TERM • Pesticide Or Herbicide Application • Watercraft • Damage To Premise Rented To You - Fire, Lightning, Explosion, Equal to the Each Occurrence Limit Smoke Or Leakage From Automatic Fire Protection Systems shown in the Declarations • Personal And Advertising Injury For Insured's Media And Internet Type Businesses • Medical Payments Extension • Supplementary Payments - Coverages A And B o Bail Bonds Up to $2,500 o Earnings Up to $500 per day o Loss To Property Of Others o Each Occurrence $1,000 • Broaden Definition Of Named Insured Unnamed Subsidiaries CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 1 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 DESCRIPTION OF COVERAGE LIMIT OF INSURANCE / TERM • Automatic Additional Insureds o Persons Or Organizations As Required By Written Contract Or Agreement o Lessors Of Leased Equipment o Mortgagees, Assignees Or Receivers o Owners, Managers Or Lessors Of Premises o Governmental Entities - Permits Or Authorizations Relating To Premise o Governmental Entities - Permits Or Authorizations Relating To Operations • Incidental Medical Malpractice • Newly Formed Or Acquired Entities 180th day • Duties In The Event Of Occurrence, Claim Or Suit • Primary And Noncontributory - Other Insurance Condition • Waiver Of Right Of Recovery By Written Contract Or Agreement • Liberalization • Unintentional Failure To Disclose Hazards • Bodily Injury - Mental Anguish A. Pesticide Or Herbicide Application Subparagraph (1)(d) of Exclusion f. Pollution, under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply if: 1. The application or use of pesticides or herbicides is by your "employees" who are licensed or certified; and 2. The application of such pesticides or herbicides complies with all applicable statutes, ordinances, regulations or license requirements of any federal, state or local government which apply to the pesticides or herbicides operations. B. Watercraft 1. Provisions (2)(a) and (2)(b) of Exclusion g. Aircraft, Auto or Watercraft under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, are replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry persons or property for a charge. 2. The following is added to Exclusion g. Aircraft, Auto or Watercraft: This exclusion does not apply to: A rowing shell or scull, canoe, rowboat, or similar human -powered watercraft owned or used by or rented to the insured regardless of its length. 3. Section II - Who Is An Insured is amended to include as an insured any person or organization legally responsible for the use of any watercraft you own, provided the actual use is with your permission. C. Damage To Premises Rented To You - Fire, Lightning, Explosion, Smoke Or Leakage From Automatic Fire Protection Systems If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. The fourth from the last paragraph of Exclusion j. Damage To Property under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Page 2 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems) to premises, including the contents of such premises, rented to you for a period of 30 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. The last paragraph of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 3. Paragraph 6. under Section III - Limits Of Insurance, is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit which is equal to the Each Occurrence Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of "insured contract" in the Definitions section is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. Personal And Advertising Injury 1. Subparagraph (1) of Exclusion j. Insureds in Media And Internet Type Businesses under Paragraph 2. Exclusions of Section I - Coverages B - Personal Injury and Advertising Injury Liability is deleted. 2. Exclusion k. Electronic Chatrooms Or Bulletin Boards under Paragraph 2. Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is deleted and replaced with the following: "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. However, this exclusion does not apply to internet instruction and coursework which is part of the Named Insured's curriculum over which the insured exercises control. E. Medical Payments Extension If Coverage C - Medical Payments is not otherwise excluded from this Coverage Part, then Subparagraph a.(3)(b) of Paragraph 1. Insuring Agreement under Section I - Coverage C - Medical Payments is deleted and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and F. Supplementary Payments - Coverages A And B 1. Paragraph 1.b. of Section I - Supplementary Payments - Coverages A and B is deleted and replaced by the following: b. Up to the amount shown in the Schedule of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. of Section I - Supplementary Payments - Coverages A and B is deleted and replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earning up to the per day amount shown in the Schedule of this endorsement because of time off from work. 3. The following is added to Section I - Supplementary Payments - Coverages A and B. We will pay for loss to property of others while in your temporary care, custody or control, not to exceed the Loss to Property of Others Each Occurrence limit shown in the Schedule of this endorsement caused by persons participating in an activity organized by you. Loss shall mean damage or destruction, but does not include disappearance, theft or loss of use. This insurance does not apply: CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 3 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 a. If coverage is provided by the Property Coverage Part (if any) of this policy; or b. If the loss is covered by any other valid and collectible insurance. G. Broadened Definition Of Who Is An Insured 1. Unnamed Subsidiaries a. The following is added to Paragraph 2. of Section II -Who Is An Insured: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is an insured if: (1) You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and (2) Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: (1) Before you maintained an ownership interest of more than 50% in such subsidiary; or (2) After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. b. Subject to 1.a. above, the following are also insureds: (1) If the subsidiary is an organization, the subsidiary's "executive officers" and directors are insureds, but only with respect to their duties as the subsidiary's officers or directors. The subsidiary's stockholders are also insureds, but only with respect to their liability as stockholders. (2) If the subsidiary is a trust, the subsidiary's trustees are also insureds, but only with respect to their duties as trustees. H. Automatic Additional Insured Section II - Who Is An Insured is amended to include the following as additional insureds: 1. Persons Or Organizations As Required By Written Contract Or Agreement - Exception For Law Enforcement Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that: a. Occurs subsequent to the signing of that contract or agreement; b. Is caused, in whole or in part, by your acts or omissions or the acts or omissions of any person or organization acting on your behalf; and c. Arises out of your operations or the ownership, maintenance or use of premises you own or rent. The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable limit of insurance; whichever is less. Coverage under this provision does not apply to any: a. Law enforcement officer; b. Public safety organization; or c. Public entity; that you contract with to enforce the law and protect persons or property for you or on your behalf. Page 4 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 2. Lessors Of Leased Equipment a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) 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 maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. 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 you have entered into with the additional insured; or (2) Available under the applicable limits of insurance; whichever is less. 3. Mortgagees, Assignees Or Receiver a. Any person(s) or organization(s) that is a mortgagee, assignee or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 4. Owners, Managers Or Lessors Of Premises a. Any person(s) or organization(s) that is a premises owner, manager or lessor, but only with respect to liability or "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part by your and those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) that is a premises owner, manager or lessor as describe above. CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 5 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 5. Governmental Entities -Permits Or Authorizations Relating To Premises a. Any state or governmental agency or subdivision or political subdivision that issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to you, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance or use of any elevators covered by this insurance. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 6. Governmental Entities - Permits Or Authorizations Relating To Operations a. Any state or governmental agency or subdivision or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (a) The insurance afforded to such additional insured only applies to the extent permitted by law; and (b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Page 6 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 (2) This insurance does not apply to: (a) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. The addition of the above automatic additional insureds shall not increase the applicable limits of insurance. I. Incidental Medical Malpractice 1. The following is added to Paragraph 2.a.(1) of Section II - Who Is An Insured. Unless you are in the business or occupation of providing professional health care services, Paragraphs 2.a.(1)(a) through (d) above do not apply to "bodily injury" arising out of providing or failing to provide: a. "Incidental medical services" by any "employee" of yours who is a nurse, nurse assistant, emergency medical technician or paramedic; or b. First aid, including first aid provided by a good Samaritan, by any of your "employees" or "volunteer workers", other than a doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid, including first aid provided by a Good Samaritan, during their work hours for you will be deemed to be acting within the scope of their employment or volunteer duties related to the conduct of your business. 2. The following is added to Subparagraph (1) of Paragraph 4.b., Excess Insurance, under Section IV - Commercial General Liability Conditions: (1) This insurance is excess over: Any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" or first aid to any person. 3. With respect to Incidental Medical Malpractice, the following is added to "occurrence" of the Definitions section. An act or omission committed in providing or failing to provide "incidental medical services" or first aid to a person, unless you are in the business or occupation of providing professional health care services. This includes first aid provided by a good Samaritan. All related acts or omissions committed in providing or failing to provide "incidental medical services" or first aid to any one person will be considered one "occurrence". 4. The following are added to the Definitions section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. J. Newly Formed Or Acquired Entities 1. Paragraph 3.a of Section II - Who Is An Insured is replaced by the following: a. Coverage under this provision is afforded only until the day shown in the Schedule of this endorsement after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. The following is added to Paragraph 3 of Section II - Who Is An Insured: CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 7 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 Coverage under this provision is afforded only if you acquire or form the organization during the policy period. K. Duties In The Event Of Occurrence, Offense, Claim Or Suit The following is added to Paragraph 2.a. of Section IV - Commercial General Liability Conditions: This condition applies only when the "occurrence" or offense which may result in a claim is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An "executive officer" or insurance manager, if you are a corporation. L. Primary And Noncontributory - Other Insurance Condition The following is added to Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. M. Waiver Of Right Of Recovery By Written Contact Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, of Section IV - Commercial General Liability Conditions: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or agreement. N. Additional Commercial General Liability Conditions The following conditions are added to Section IV - Commercial General Liability Conditions: 1. Liberalization If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 2. 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. O. Definitions Bodily Injury - Mental Anguish The definition of "bodily injury" in the Definitions section is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, humiliation or death resulting from bodily injury, sickness or disease. Page 8 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012