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23-166.00 Reclaim Project Recovery23-166.00 CITY OF SPOKANE VALLEY GRANT AGREEMENT Grant Recipient: Reclaim Project Recovery Project: Homeless Services Home Base and Transitional Housing Facility Award Amount: $1,460,000 Term Period: Effective Date Project#: N/A Contract#: 23-166.00 To December 31, 2027 THIS AGREEMENT is a grant agreement entered into between Reclaim Project Recovery, 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 homeless services 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. Grant Recipient provides housing and support that focuses on those progressing away from homelessness, addiction and incarceration in Spokane County by providing a clean and safe place to live, opportunity for employment and active sober community. Among the employment opportunities provided through Grant Recipient's affiliate Revival General Contracting are weed abatement, graffiti removal, snow removal, mowing and tree removal projects for the City. Of the 135 individuals currently served by Grant Recipient's program (housed in 32 sober living transitional housing properties), approximately 33% are transitioning from homelessness, 33% from drug rehabilitation programs, and 33% from Department of Corrections incarceration. Since its first program in 2018, Grant Recipient has assisted more than 180 individuals into permanent housing. C. In order to provide housing and support within the City, Grant Recipient proposes to acquire property to provide transitional housing, and to operate a Home Base multi -use facility, including a thrift store for job training and development, and to house administration of the program. The Home Base will serve as a community center for its sober active community, providing classes and activities to all who have 48 hours of sobriety, gym facilities, and a truck, tool and equipment facility supporting those providing services to the City and other employment opportunities. 1 of 28 23-166.00 D. 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 DEFINITIONS 1.1 Project. The term "Project" means the acquisition of the "Facility" described in Exhibit A for transitional housing located at 13513 E. I I'h Ave. Spokane Valley, WA 99216, and the operations and administration of their programs related to homeless services at the Home Base facility located at 16814 & 16816 E. Sprague Ave. Spokane Valley, WA 99037. Both the acquisition of the Facility for transitional housing and the operations and administration of the programs related to homeless services are described in Exhibit B, the Scope of Work. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to acquire the Facility, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ❑ Map of Facility and Location Attached as Exhibit A ❑ Scope of Work Attached as Exhibit B ❑ Project Budget Attached as Exhibit C ❑ Timeline, Milestones, & Performance Metrics Attached as Exhibit D ❑ Insurance Requirements Attached as Exhibit E ❑ Restrictive Covenant Agreement Attached as Exhibit F 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 B, which describes the Project purpose and community benefits in detail and includes a description of the services to be provided by the Grant Recipient . 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 B. 2 of 28 23-166.00 1.4 Project Budget. Grant Recipient shall work with the City to develop a final Project Budget, to be attached hereto as Exhibit C. 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, 2027. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 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 Reclaim Project Recovery City Clerk Kenny Carlson, Executive Director 10210 East Sprague Avenue 1804 W Broadway Spokane Valley, WA 99206 Spokane, WA 99201 (509) 720-5000 509-954-7023 �61 al ley"a.,_o_v kenn reclaim ro'ectnw.or 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 For the purposes of acquisition of the Facility for transitional housing, the City Finance Department will provide up to $600,000 by wire to the identified escrow account for the acquisition of the Property on the date of closing or another agreed upon time. Closing and wire instructions shall be provided by the escrow agent directly to the City. 6.2 For the purposes of program related operational and administrative costs at the Home Base facility, City agrees to pay Grant Recipient an amount not to exceed ten percent (10%) of the program related operational and administrative costs portion of the funding within 15 days of the execution of the Grant Agreement. Grant Recipient will be responsible for providing written evidence demonstrating that the Grant Award Funds were used for the purposes set forth in the Scope of Work, (Exhibit B) and Project Budget (Exhibit C). The City Finance Department 3 of 28 23-166.00 will provide instructions outlining the process for submitting electronic reimbursement requests for the remaining program related operational and administrative costs portion of the funding within 15 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 accountsliavable:it- pokancvallevwa ,,ov. 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 will confer with Grant Recipient regarding any questions pertaining to reimbursements prior to making a decision to withhold payment, and will not unreasonably withhold payment properly within the Scope of Work. 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 B) and Project Budget (Exhibit C), 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. 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 on a schedule determined by the City. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C 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 B. 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: 4 of 28 23-166.00 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, such as a groundbreaking or opening dates for the Project. 9.4 Si na e: Grant Recipient shall recognize "The City of Spokane Valley" on any signage as "funder" of the Project/Facility. Grant Recipient is required to obtain approval from the City Manager or designee to use the City logo on any signage and communication. 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. PUBLIC ACCESS: PUBLIC PURPOSES Pursuant to Exhibit B, a portion of the Grant Award is provided to Grant Recipient for the administrative and operational costs of providing homeless services at the Home Base facility. The Home Base facility will house administration of the Reclaim Project Recovery homelessness services program and will serve as a community center for its sober active community, job training and development and social enterprise. The Home Base facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Home Base facility shall be no greater than those generally charged by public operators of similar facilities in the City. Further, a portion of this Grant Award is being provided to the Grant Recipient for the acquisition of a transitional housing Facility described in Exhibit A. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for this public use as set forth in Restrictive Covenant Agreement set forth at Exhibit F. The Grant Award will not be used to pay costs of any facility, place or building to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship. If the Grant Award is used to pay costs of a mixed -use facility that is used in part for sectarian instruction or study or as a place for devotional activities or religious worship, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to other activities, such as community center activities. These restrictions apply to all grantees, not just faith -based organizations. If the Grant Award is used to pay costs of a mixed -use facility that includes both community or public uses and private commercial uses, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to community and other public uses, such as community 5 of 28 23-166.00 center activities. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the transitional housing Facility is available for its public purpose is for twenty (20) years from purchase of the Facility. If the Facility is retired or otherwise removed from use before the end of the 20-year period, then in addition to pursuing any remedies under the executed and recorded Restrictive Covenant Agreement attached hereto as Exhibit F, the City may require the Grant Recipient to reimburse the City for the Grant Award Funds plus 12% interest from the date of the Grant Award calculated based on the City's cost of funds. This right of recoupment is in addition to all other remedies available under law and equity. Grant Recipient's duties and the City's remedies under this Section 11, and the Restrictive Covenant Agreement will survive the expiration or earlier termination of this Agreement. 12. COVENANTS No later than 15 days after acquiring the Facility, Grant Recipient shall record an executed Restrictive Covenant Agreement in substantially the form attached hereto as Exhibit F. 6 of 28 23-166.00 13. ACQUISITION/CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. Grant Recipient shall acquire the transitional housing Facility with the Grant Award. The Grant Recipient will apply other funds to design, develop, and construct 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. 13.2 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. 13.3 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. 13.4 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. 13.5 Public Works Laws. The City is providing funds to pay or reimburse eligible costs up to a fixed Grant Award amount for property acquisition. 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. Grant Recipient shall select Contractor(s) that are licensed contractors, where feasible shall use reasonable and practicable efforts to utilize a competitive public bidding process, and shall require adequate retainage and bonding. Grant Recipient 7 of 28 23-166.00 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. 13.6 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 E — Insurance Requirements. 14. 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. 15. MAINTENANCE OF RECORDS 15.1 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 15.2 These records shall be maintained for six (6) years after the expiration or earlier termination of this Agreement. 16. 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. 17. 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 and providing programming at 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 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. 18. CORRECTIVE ACTION 18.1 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. 8 of 28 23-166.00 18.2 The City may withhold any payment owed Grant Recipient until the City is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 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. 19.2 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. 19.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, 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. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The City makes no commitment to support the Project or Facility contracted for herein and assumes no obligation for future support of the Project or Facility 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 or Facility contemplated herein. 21. 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 RC W 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 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 under this Section 21 will survive the expiration or earlier termination of this Agreement. 9 of 28 23-166.00 22 23 24. 25. 26. 27 Grant Recipient shall include in 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). 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. 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. 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. PROJECT MAINTENANCE• EQUIPMENT PURCHASE MAINTENANCE AND OWNERSHIP A. As between the City and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the Facility and Home Base facility at its own sole expense and risk. Grant Recipient shall maintain the Facility and Home Base 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 the Facility and Home Base 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 Section shall survive the expiration of this Agreement and remain in effect for the period set forth in Section 15. 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. WAIVER OF BREACH OR DEFAULT 10 of 28 23-166.00 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. 28. 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. 29. 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). 30. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 31. 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, 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. 32. 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 11 of 28 23-166.00 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. 33. 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. 34. 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 express written consent of City or upon order of a court of competent jurisdiction. 12 of 28 23-166.00 35. 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. 36. 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 Reclaim Project Recovery By v By l� Title C, r� s,,,�.�r �- Title Date a - Z y-- 2 �? Date 13 of 28 23-166.00 Exhibit A- Map of Facility and Location The transitional housing Facility is proposed to be located at: 13513 E. 111h Ave. Spokane Valley, WA 99216 The location of the Facility may be amended with City approval. 14 of 28 A 3 23-166.00 Exhibit B- Scope of Work I. INTRODUCTION Grant Recipient provides housing and support to those progressing away from homelessness, addiction and incarceration in Spokane County by providing a clean and safe place to live based on Washington Alliance for Quality Recovery Residences ("WAQRR"), and an opportunity for employment and active sober community. II. OBJECTIVES In order to provide housing and support within the City, Grant Recipient proposes to lease property for a Home Base multi -use facility, to house administration of the program and to serve as a community center for sober active community programming, providing classes and activities to all who have 48 hours of sobriety. Further, the Grant Recipient will acquire transitional housing Facility as described in Exhibit A to the Grant Agreement to provide housing options to those progressing away from homelessness, addiction and incarceration. III. PROJECT DESCRIPTION The Project consists of the leasing of the Home Base multi -use facility to be used for providing homelessness services in the City.. The Home Base will include office space for the Grant Recipient Executive Director, Chief Financial Officer, Chief Operating Officer, and Executive Assistant. Specific services to be provided at the Home Base include active sober community activities, including gym, fitness and recreational activities, educational classes, sober community meetings, job training and development including the thrift store employment, and various other social enterprises. Additionally, the Grant Recipient will acquire transitional housing Facility as described in Exhibit A to the Grant Agreement to provide housing options to those progressing away from homelessness, addiction and incarceration. This housing will be provided to individuals below 80% AMI and will calculate the client living costs based on 80% or less of the HUD Fair Market Rent (FMR). Grant Recipient also provides furnishings, bedding, utilities, yard maintenance, and programming. IV. CONSIDERATION/PUBLIC BENEFIT Support City residents in need by providing housing and support to persons progressing away from homelessness, addiction and incarceration by providing a clean and safe place to live, opportunity for employment and active sober community. Services to be provided at the Home Base facility include classes and activities to all who have 48 hours of sobriety, gym facilities, and a truck, tool and equipment facility supporting those providing services to the City and other employment opportunities. 16 of 28 23-166.00 Exhibit G Project Budget Transitional Housing Aquistion 13315 E 11TH SPOKANE VALLEY WA 99216 Program Operational and Administrative Costs Lease of Home Base Facility (first 2 of 3 years) 400,000 Administrative Salaries 250,000 Program Operations 124,000 10% start up costs to be paid upon execution includes initial lease payments, salaries, operations for 2-3 months Total Budgeted Award Amount 17 of 28 774,000 23-166.00 Exhibit_D- Timeline. Milestones & Performance Metrics I. PERFORMANCE INDICATORS Project deliverables are noted under Section III. Commencing in2024, Grant Recipient shall provide the following information on a [quarterly] basis by the 151h day following each quarter - Total number of persons served at transitional housing Facility and Home Base facility, including a breakdown of demographic information. - Number of persons with City zipcode served at Facility, last place housed - Time to exit, exit destination. - Number of persons employed at the thrift store that are served by the program - Number of persons that graduate and move out of the program that were served by the facilities funded by this grant II. PROJECT PERIOD The Project begins on the date of execution through the disbursement of all Grant Award funds. III. KEY MILESTONES AND DELIVERABLES Milestones: Property identification for transitional housing Facility: August 2023 Transitional housing Facility acquisition: August — September 2023 Opening of Home Base facility: September 2023 Begin process of completing gather sharing agreement of Community Management Information System (CMIS) within 90 days of Home Base opening Deliverables: Monthly or quarterly project budget and expenses report until funds are expended: By 15th day of subsequent month after month or quarter end. This may be included in the reimbursement requests for payment of grant funds for operational and administrative costs 18 of 28 23-166.00 Exhibit E- 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 19 of 28 23-166.00 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 ANII. 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. 20 of 28 23-166.00 Exhibit F- Restrictive Covenant Agreement When Recorded Return to: City Clerk The City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, 99206 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT GRANTOR: Reclaim Project Recovery GRANTEE: The City of Spokane Valley, a municipal corporation of the State of Washington ABBREVIATED LEGAL DESCRIPTION: [Fill in] ASSESSOR'S TAX PARCEL NO.: [Fill in] 21 of 28 23-166.00 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement (the "Covenant Agreement") is effective as of the day of , 202_, and is made and executed by Reclaim Project Recovery (the "Grant Recipient"), and by and in favor of the City of Spokane Valley (the "City"), a municipal corporation of the State of Washington (the "City"). In this Covenant Agreement, Reclaim Project Recovery and the City may also be referred to collectively as the "Parties" and individually as "Part " Y- RECITALS A. Grant Recipient is the owner of real property located in the City of Spokane Valley, State of Washington, legally described in Exhibit A, attached hereto and made part hereof (the "Property"). B. Pursuant to an agreement, between the City and Grant Recipient, dated , Grant Recipient has acquired a facility for the purposes of providing transitional housing (the "Facility") on the Property. A map of the Property and Facility is attached to and made part of this Covenant Agreement as Exhibit B. C. The purpose of this instrument is to place on record those certain Restrictive Covenants (as defined below) which, pursuant to the City's funding of the Project in the amount of $up to 600,000 to acquire the Facility on said Property, requires that the Facility be restricted to uses in accordance with the funds used to acquire said Facility. The Property was acquired by deed recorded under recording No. [cite recorded deed for purchase], between [prior owner's name] and Reclaim Project Recovery COVENANT AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, Grant Recipient and the City agree, covenant and declare that the Facility is subject to the following restrictive covenants, which covenants shall run with the land and burden the Facility for the sole benefit of the City. All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Covenant Agreement and to sustain the validity hereof. Covenant. Grant Recipient and the City agree and declare that the covenants and conditions contained herein touch and concern the land and shall bind and the benefits shall inure to, respectively, Grant Recipient and its successors and assigns and all subsequent owners of the Facility, and to the City and its successors and assigns and all subsequent owners of the City's benefited property interests, subject to modification thereof as specifically provided below. Each and every contract, deed or other instrument hereafter executed conveying any portion or interest in the Facility, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants and conditions, 22 of 28 23-166.00 regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed or other instrument. 2. Term. Grant Recipient covenants and declares on behalf of itself and all heirs, assigns, and successors in interests into whose ownership the Facility might pass that the Facility will be preserved and maintained in accordance with the restrictions and obligations described in this Covenant Agreement for at least twenty (20) years. It is the intent of the Grant Recipient that such covenants shall supersede any prior interests Grant Recipient has in the Property and Facility and shall run with the land for the benefit of the City, and be binding on any and all persons who acquire any portion of, or interest in, the Property or Facility. Grant Recipient and the City agree that the City shall have standing to enforce these covenants. 3. Purchased Property. Grant Recipient acknowledges that the Property was purchased for public purposes with funding from the City, and Grant Recipient covenants that the Property will continue to be used for transitional housing to serve those progressing away from homelessness, addiction, and incarceration that constitutes the public purpose of the Grant Award, and that the Property shall not be transferred or conveyed except with the City's written consent. 4. Public Access. Grant Recipient covenants that it and any successor in interest will maintain the Facility for transitional housing to serve those progressing away from homelessness, addiction, and incarceration that constitutes the public purpose of the Grant Award. The Grant Recipient shall provide transitional housing to those at or below 80% AMI, and will calculate the client living costs based on 80% or less of the HUD Fair Market Rent (FMR). Grant Recipient also provides furnishings, bedding, utilities, yard maintenance, and programming. 5. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by City and Grant Recipient and their successors or assigns and shall not be enforceable by any third parties. 6. Remedies. The City, its successors, designees or assigns shall have the following remedies against Grant Recipient, its successors, designees or assigns for violation of this Covenant Agreement: a. Default. If Grant Recipient fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of this Covenant Agreement, and if such noncompliance is not corrected as provided herein, then such noncompliance shall be considered an event of default. b. Notice of Default. Before the City pursues a remedy against Grant Recipient for breach of this Covenant Agreement, the City shall provide written notice specifying the default to Grant Recipient. Grant Recipient shall thereafter have a thirty (30) day period to cure such default (or if such default is not capable of cure within thirty (30) days, such additional period as is reasonably necessary for Grant Recipient to 23 of 28 23-166.00 complete such cure, provided that Grant Recipient commences cure within such thirty (30) day period and thereafter diligently pursues it to completion). c. City's Remedies. The City shall have available all remedies under law and equity. 7. No Waiver. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 8. Miscellaneous Provisions. 8.1 Agreement to Record. Grant Recipient shall cause this Covenant Agreement to be recorded in the real property records of Spokane County, Washington. Grant Recipient shall pay all fees and charges incurred in connection with such recording and shall provide the City with a copy of the recorded document. 8.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 8.3 Notices. Notices, certificates, reports, or other communications shall be deemed delivered on the third day following the date on which the same have been mailed by certified or registered mail, postage pre -paid, return receipt requested, or on the date on which the same have been personally delivered with proof of receipt, at the addresses specified below, or at such other addresses as may be specified in writing by the parties listed below: If to the City of Spokane Valley: City Clerk City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 If to Reclaim Project Recovery: Reclaim Project Recovery 1804 W Broadway Spokane, WA 99201 8.4 Severability. If any provision of this Covenant Agreement shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 8.5 Amendments. This Covenant Agreement shall be amended only by a written instrument executed by the Parties hereto or their respective successors in title, and duly recorded in the real property records of Spokane County, Washington. 8.6 GoverninIz Law; Venue; Attorneys' Fees. This Covenant Agreement is entered into 24 of 28 23-166.00 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. 8.7 Reliance. The City and Grant Recipient hereby recognize and agree that the representations and covenants set forth herein may be relied upon by each other. 8.8 No Conflict with Other Documents. Grant Recipient and the City warrant that they have not executed and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event the requirements of this Covenant Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 8.9 Sale or Transfer of the Facility. Grant Recipient agrees to notify the City at least thirty (30) days' prior to any sale or other transfer of Grant Recipient's ownership interest in the Facility. 8.10 Captions. The titles and headings of the sections of this Covenant Agreement have been inserted for convenience of reference only and are not to be considered a part hereof. They shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision thereof or in ascertaining intent, if any question of intent shall arise. 8.11 No Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Covenant Agreement. IN WITNESS WHEREOF, Reclaim Project Recovery and the City have executed this Covenant Agreement on the date set forth above. GRANT RECIPIENT: Reclaim Project Recovery By: Its: City, a municipal corporation of the State of Washington By: _ Name: Its: [Notary Block on following page] 25 of 28 23-166.00 STATE OF WASHINGTON ss. County of Spokane ) On this _ day of 2023 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name STATE OF WASHINGTON ) ss. County of Spokane ) On this _ day of 2023 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name 26 of 28 23-166.00 RESTRICTIVE COVENANT AGREEMENT EXHIBIT A LEGAL DESCRIPTION 27 of 28 23-166.00 RESTRICTIVE COVENANT AGREEMENT EXHIBIT B PROPERTY AND FACILITY MAP 28 of 28 ^ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 8J28/2023 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 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 CONTACT NAME: Lori McCauley All Lines Associates Inc. PHONE (509) 327-1658 FAX 6404 N Monroe St Afc No): MAIL Lori@AllLinesInsure.com Spokane, WA 99208 noor�ss_@_ _ INSURER(S)AFFORDING COVERAGE NAIC N -- -"-" INSURERA: Scottsdale Insurance Company ._.. INSURED Reclaim Project Recovery ER 8 INSURER --- 1804 W Broadway Ave INSURER c Spokane, WA 99201 INSURER D INSURERE:_.- %,VVCKAur2i CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO INDICATED. THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED INSR ` _ _-- _- ADDL'SUBR'.. BY PAID CLAIMS. LTR TYPE OF INSURANCE O POLICY NUMBER MLIC YEEFFY � __-- POLIC EXP LIMITS GENERAL LUIBILITY X CPS7854167 8/25/2023 X- COMMERCIAL 8/25/2024 _EACH OCCURRENCE _ ___ $ 2,000,000 - _._------ GENERAL L DAMES RENTED ---- PREMISES 100,000 qF--- CLAIMS -MADE X,IABILITY OCCUR (Ea occurrence_ $ ---- _ MED EXP (Any one person) _ $_ 5,000 -' ---- --- -- -- - PERSONAL & ADV INJURY $ 2,000,000 r -- ---- -- - GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000000 - -- PRO X PRODUCTS - COMP/OP AGG s 2,000,000 POLICY LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ _ '. ALL OWNED SCHEDULED ' BODILY INJURY Per person) � ( $ AUTOS AUTOS- NON -OWNED BODILY INJURY (Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE - $ UMBRELLA LB - U\ OCCUR EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ -__-_-_-..-. _ _ " - - DED AGGREGATE $ ION $ WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY CPS7854167 WC STATU- OTH- Y / N 8/25/2023 8/25/2024 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE q -- A OFFICER/MEMBER EXCLUDED? ❑ N/A E L EACH ACCIDENT _- $ - 1,000,( (Mandatory in NH)and E L DISEASE - EA EMPLOYEE $ if es, describe under _._ _.... D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 2, 000,t A Errors &Omissions X CPS7854167 8/25/2023 8/25/2024 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is listed as an additional insured. CERTIFICATE HOLDER City of Spokane Valley City Clerk 10210 E Sprague Ave Spokane Valley, WA 99206 ACORD 25 (2010/06) 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 / -' ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AcoREI CERTIFICATE OF LIABILITY INSURANCE F DATE(MWDD/YVYY) 08/28/2023 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 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 . PRODUCER CONTACT NAME: Anthonie Barnes Anthonie Barnes Agency (79-34-6k) 9507 N Division St Ste. J PHONE 509 467-5127 F°X 509 468-2022 ac No Ea lAw A abames2®farmersagent.com INSURE S AFFORDING COVERAGE NAIC M Spokane WA 99218 INSURER A: PROGRESSIVE COMMERCIAL AUTO 24260 INSURED INSURER B : RECLAIM PROJECT RECOVERY INSURER C : 1804 W BROADWAY INSURER 0: INSURER E SPOKANE WA 99201 INSURER F : COVERAGES CERTIFICATE NUMBER: RFVISIQM N"URFo• 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. 1. ILTR TYPE OF INSURANCE AEXIM POLICY NUMBER MM�I CODS OLICY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ! EACH OCCURRENCE SRE PREMISESA It eLEI TO S i MED EXP (Any one person) S PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER PRO- POLICY C JECT �� lOC GENERAL AGGREGATE S ( ! I PRODUCT$ - COMP/OPAGG S $ OTHER AUTOMOBILE LIABILITY MBBIINEED SINGLE LIMIT (Ea $ 1,000,000 BODILY INJURY (Per person) S ANY AUTO A ALL OWNED X SCHEDULED AUTOS 00878769-0 03/29/2023 03/29/2024 BODILY INJURY (Per acodere) $ ANONO WNED HIRED AUTOS (Per -DAMAGE---- $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE i AGGREGATE $ DE I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A I H STATUTE ER E. L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yea, da6CriDe urger DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Ramarks Sehoduls, may be attached N more apace Is required) CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE. SPOKANE VALLEY WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUED REPRESENTATIVE ®1938-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PO Box 19150 1 Spokane, WA 99219 1 www.cochraneco.com License Number: 8520 Date: August 25, 2023 To: Lon McCauley All Lines Associates Inc. AGT078 Lori@AIILinesinsure.com Phone Number: (509) 327-1658 Fax Number: (509) 326-5567 Re: Named Insured: Reclaim Project Recovery Policy Number: CPS7854167 Coverage Dates: 8/25/2023 to 8/25/2024 Reference #. 3086926 crv%hrane & COMPANY Established in 1960 Over 50 Years of Excellence 1.800.441.4535 T.509.838.0655 From: Catherine Kridler Underwriting Assistant ckridler@cochraneco.com Phone Number: (509) 242-4466 Fax Number: (800) 605-5563 Thank you for your order to bind, following is a confirmation of binding for the above account. Your policy will be issued shortly and sent to your office. Please review all terms, conditions and underwriting requirements on this binder for accuracy. If there are any pending underwriting requirements, please forward those to our office as soon as possible. Thank you so much for your business, it is greatly appreciated. PO Box 19150 1 Spokane, WA 99219 1 www.cochraneco.com License Number: 8520 INSURANCE BINDER Cochrane & COMPANY ►� Established in 1960 %,IOver 50 Years of Excellence 1.800.441.4535 T.509.838.0655 In accordance with your instructions, and in reliance upon the statements made by the Retail Broker in the Insured's application/submission, we have obtained insurance at your request as follows: Date Issued: August 25, 2023 Insured: Reclaim Project Recovery DBA: 1804 W Broadway Ave Spokane, WA 99201 Policy Number: CPS7854167 Insurer: Scottsdale Insurance Company Coverage: Commercial Package Policy Limits $2,000,000 General Aggregate $2,000,000 Products Completed Ops $2,000,000 Personal & Advertising Injury $2,000,000 Each Occurrence $ 100,000 Damage to Premises Rented $ 5,000 Medical Payments Stop Gap $1,000,000 Each Accident $1,000,000 Disease Each Employee $2,000,000 Disease Policy Limit $2,000,000/$2,000,000 Errors & Ommissions $100,000/$300,000 Limited Animal Liability $100,000/$300,000 Sexually Abusive Acts Property Location 3 13513 E 11th Ave, Spokane Valley WA 99216 $ 525,000 Building -Special Form, RC, 90% Co - Ins $ 52,500 Business Personal Property -Special Form Excl Theft, RC, 90% Co -Ins $ 57,600 Building -Special Form,RC, 90% Co - Ins Premium: $15,452.00 Fee Schedule: Policy Fee $535.00 Inspection Fee $300.00 Producer: All Lines Associates Inc. (AGT078) Fax: (509) 326-5567 Reference Number: 3086926 Commission: 10% Term: 8/25/2023 to 8/25/2024 AM Best Rating: A+XV* Deductible MEP $0 Per Claimant 25% $1,000 Property All Perils Contents Terrorism Coverage: Taxes: $342.03 Total: $16,629.03 Policy Form: Occurrence Coinsurance: 90 Retroactive Date: Valuation: Exposure: a)5,000 44440 Health Care Facilities- Treating Outpatients Only; No regular bed & board otnfp a)15,000 44440 Health Care Facilities- Treating Outpatients Only; No regular bed & Board a)3198 44428 Health Care Facilities alcohol & drug e)1 49950 Additional Insured, Primary Please see the following page for applicable TermslConditions and Endorsements. Terms/Conditions: ** Requirements in order to bind: ** _X_ Completed Acord 125 signed and dated by applicant _X_ Completed Acord 126 that matches terms and limits of quote _X_ Completed Supplemental Application signed and dated by applicant Note that terms, conditions and forms may or may not conform to application or expiring policy. Changes in classifications, operations, or exposures requires notification to us and may result in changes to this quote. It is the responsibility of the producer and insured to determine adequate property valuation in terms of ITV (insurance to value). Co-insurance and its penalties apply and cannot be waived. It is your responsibility as a producer for Cochrane & Company to notify our office if certificates are required for this account. Cochrane & Company will not be held responsible for additional fees charged for failure to issue certificates that are not requested in a timely manner. Certificates can be issued at www. cochraneco.com or you may submit a request to our office for certificate generation. Endorsements: See attached Prepared by: Catherine Kridler, Underwriting Assistant Email: ckddler@cochraneco.com Fax: 800.605.5563 The terms and conditions of this confirmation of insurance may not comply with the specifications submitted for consideration. Please read this confirmation carefully and compare it with any quote and submission documents and review the policy forms for the actual coverages provided. This binder is valid for 90 days from the date issued. This insurance binder will be terminated and superseded upon delivery of the formal policy issued to replace it. No flat cancellations. This policy is subject to the cancellation provisions as found in the policy or certificate(s) currently in use by the Insurer. The insurance effected under the Insurer's binder can be cancelled by the Insurer (subject to statutory regulations) by mailing to the Insured at th eaddress stated on the face of this Confirmation of Insurance, written notice stating when such cancellation shall be effective. In the event of cancellation by the Insured., the earned premium would be subject to the minimum earned premium applicable. Premium payment is due within twenty (20) days from the effective date unless otherwise stipulated. *AM Best is an independent rating service which rates the financial strength of insurance companies on a graduated scale from "S" (suspended) to AA++ (superior), with a variety of rating classifications between. Inclusion of the rating classification is for informational purposes only. This confirmation of insurance is issued based upon the Insurer's agreement to bind and is issued by the Undersigned without any liability whatsoever as an Insurer. The following pertains to insured locations in the State of Washington, issued with a Non -Admitted Company: This contract is registered and delivered as a Surplus Lines coverage under the Insurance Code of the State of Washington, enacted in 1947. It is not issued by a company regulated by the Washington State Insurance Commissioner and is not protected by any Washington State Guaranty Fund Law. The following pertains to insured locations in the State of Alaska, issued with a Non -Admitted Company: This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. Cochrane Agency Inc, LIC #55860. For fillable documents and submission email addresses for our other departments, please visit our website at www.cochraneco.com. Reference #: 3086926