23-185.00SNAPAffordableHousingHomelessnessGrants23-185.00
CITY OF SPOKANE VALLEY
AFFORDABLE HOUSING AND HOMELESS GRANT AGREEMENT
Grant Recipient: Spokane Neighborhood Action Partners
Project:
Broadway Senior Housing
Award Amount: $471,729
Term Period: Effective Date
Project#:
Project
Number
To December 31.2028
Contract#:
23-185.00
THIS AGREEMENT is a grant agreement entered into between Spokane Neighborhood Action
Partners, 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 affordable senior housing serving City residents as described herein.
RECITALS
A. Pursuant to RCW 35.21.685, the City is authorized to assist in the development or
preservation of publicly or privately owned housing for persons of low income by
providing loans or grants of general municipal funds to the owners or developers of the
housing, 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 with income that
does not exceed 80% percent of the area median income.
B. Grant Recipient proposes to construct a 60-unit affordable senior housing project,
consisting of a four-story, corridor loaded building with two elevators providing 57 one -
bedroom units and three two -bedroom units.
C. The project will provide permanent rental housing and supportive services to seniors with
incomes at or below 60% of the area median household income.
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:
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GRANT AWARD TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Project.
The term "Project" means the design, development and construction of the Facility
described in Exhibit A. 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 design, develop, and construct 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
❑
Prevailing Wage Certification
Attached as Exhibit G
1.2 May of Facility and Location. This Agreement applies to the Project to construct the
facility ("Facility") which is located at:
8001 E. Broadway, Spokane Valley, WA 99212
See Exhibit A for a depiction of the Facility and a map of specific Facility location and
boundaries.
1.3 Administrator. The City Manager or designee shall administer and be the primary
contact for Grant Recipient throughout the term of this Agreement.
1.4 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 various design, development,
permitting, and construction milestones required for completion of the Project and
intended use of the 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 B.
1.5 Project Budget. Grant Recipient shall work with the City to develop a final Project
Budget, to be attached hereto as Exhibit C.
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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, 2028. 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.
5. 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
SPOKANE NEIGHBORHOOD
ACTION PARTNERS
Marci Patterson, City Clerk
Julie Honekam , CEO
10210 East Sprague Avenue
3102 W. Whistalks Way
Spokane Valley, WA 99206
Spokane, WA 99224
509 720-5000
509-319-3000
m atterson s okanevalle wa. ov
honekampAsnapwa.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 In accordance with RCW 35.21.685, the City may authorize, at the City's sole
discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon
execution of this Agreement, and receipt of Grant Recipient's City -approved
completed Scope of Work and Project Budget (see Section 1 and Exhibits B and
C).
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 accountspayablegspokanevalleywa.gov. 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.
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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 L I 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
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:
9.1 Events: Grant Recipient shall invite and recognize "The City of Spokane Valley"
at all events promoting the Project, and at the final Facility dedication.
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 Facility.
9.4 Signage: 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 communications. If approved, the appropriate City logo will be provided by
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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
The Grant Award is provided to Grant Recipient for the Project for the purpose of
affordable senior housing. 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
center activities.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for its public purpose
is for twenty (20) years from Facility completion. 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 City's remedies under this Section
11 and the Restrictive Covenant will survive the expiration or earlier termination of
this Agreement.
12. COVENANTS
Upon completion of construction of the Facility, and no later than 30 days after issuance
of a Certificate of Occupancy, Grant Recipient shall record the executed Restrictive
Covenant Agreement, attached hereto as Exhibit F.
13. CONSTRUCTION OF THE FACILITY
13.1 Capital Improvements.
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,
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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. 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.
13.4 Design.
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.
13.5 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.
13.6 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
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 G. 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
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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.
13.7 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 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
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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.
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 RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
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.
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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.
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).
22. 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.
23. 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.
24. 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.
25. 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 completed Facility at its own sole expense and risk. Grant Recipient
shall maintain the completed 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 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.
26. 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
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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.
27. 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.
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.
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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
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.
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
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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 A6,540 _
1000,
Title G -17'/,,,4c-st_
Date // - / - Z .?
Spokane Neighborhood Action Partners
By jtdL H!?]�
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Title CEO
Date 10.13.23
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Exhibit A- Map of Facility and Location
Facility location: 8001 E. Broadway, Spokane Valley, WA 99212
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Exhibit B- Scope of Work
I. INTRODUCTION
The Project addresses the need for affordable housing in the City.
II. OBJECTIVES
The project will provide permanent rental housing and supportive services to seniors with incomes
at or below 60% of the area median household income.
III. PROJECT DESCRIPTION
The Project consists of new construction of a 60-unit affordable senior housing project, consisting
of a four-story, corridor loaded building with two elevators providing 57 one -bedroom units and
three two -bedroom units.
IV. CONSIDERATION/PUBLIC BENEFIT
Affordable Senior Housing. 60 units at the Facility ("Affordable Units") will be provided to
households with incomes at or below 60% of area median income ("Qualifying Households").
Affordability Requirements. Grant Recipient agrees to rent Affordable Units to Qualifying
Households for an amount that represents an Affordable Housing Cost that is less than or equal to
thirty percent (30%)of the Qualifying Household's gross adjusted income. In addition to rent
payments, utility payments and other costs payable for the use of the Affordable Units shall be
counted toward housing costs.
Supportive Services. Grant Recipient will provide the following community and recreational
services at the Facility:
An onsite Services Coordinator will be hired to work with residents. Written Memorandums of
Understandings for services have been executed with
• Aging and Long Term Care of Eastern Washington
• Breast Intentions
• Catholic Charities Foor 4 All and Raised Garden Beds
• CHAS
• Meals on Wheels
• Mobile Library
• Resource Rides
• Second Harvest
• Vets on the Farm
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Exhibit C- Proiect Budget
Architectural Fees
318248
Soft Costs (Like Appraisal, Market Study
Environmental, Survey, Legal)
128236
Financing and Other Development Costs
25245
TOTAL
471729
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Exhibit D- Timeline, Milestones & Performance Metrics
I. PERFORMANCE INDICATORS
Upon completion of the Facility, the following information will be provided on an annual basis
by the 15th day of January until expiration of this Agreement:
- Total number of income qualified seniors housed at Facility
- Demographic information
- Number of seniors and number of income qualified seniors from City zip code served at
Facility
- Supportive services provided at Facility, information regarding participation and outcomes
II. PROJECT PERIOD
Effective date through December 31, 2028.
III. KEY MILESTONES AND DELIVERABLES
Milestones:
Predevelopment::06/10/2022 — 12/16/2024
All funding closed: 12/16/2024
Ground breaking: 12/17/2024
Substantial completion: 3/15/2026
Occupancy Date:3/16/2026
Deliverables required through the completion of Facility:
Quarterly project budget and expenses report during construction: By 15`h day of
following month
Construction progress report: Quarterly by 15`h day of following month
Third party auditor cost certification (completion report): December 31, 2026
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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
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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.
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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:
GRANTEE:
ABBREVIATED LEGAL DESCRIPTION:
ASSESSOR'S TAX PARCEL NO.:
Spokane Neighborhood Action Partners
The City of Spokane Valley, a municipal
corporation of the State of Washington
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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 Spokane Neighborhood Action Partners (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, Spokane
Neighborhood Action Partners and the City may also be referred to collectively as the "Parties"
and individually as "Party."
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 constructed senior housing (the "Facility") on the Property for the purpose
of providing affordable housing for the public. 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
$471,729 to construct the Facility on said Property, requires that the Facility be restricted
to uses in accordance with the funds used to construct said Facility. The Property was
acquired by deed recorded under recording No. [cite recorded deed for purchase], between
[prior owner's name] and Spokane Neighborhood Action Partners
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,
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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. Public Purpose. Grant Recipient acknowledges that the Facility was constructed on the
Property for public purposes with funding from the City, and Grant Recipient covenants
that at least 60 units of the Facility will be rented to seniors with incomes at or below 60% of
area median income at an affordable rental rate as required by the Grant Award, which
constitutes the public purpose of the Grant Award, and that the Facility shall not be converted
to a different status or use for a period of twenty (20) years unless a full reimbursement of
the City award amount is made to the City.
4. Public Access. Grant Recipient covenants that it and any successor in interest will maintain
the Facility for the affordable senior housing purpose that constitutes the public purpose of
the Grant Award.
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
complete such cure, provided that Grant Recipient commences cure within such
thirty (30) day period and thereafter diligently pursues it to completion).
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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 Spokane Neighborhood Action Partners:
Spokane Neighborhood Action Partners
3102 W. Whistalks Way
Spokane, WA 99224
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 Governing Law; Venue; Attorneys' Fees. This Covenant 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
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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, Spokane Neighborhood Action Partners and the City have executed
this Covenant Agreement on the date set forth above.
GRANT RECIPIENT: Spokane Neighborhood Action Partners
By:
Its:
THE CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington
By: _
Name:
Its:
23 of 27
23-185.00
[Notary Block on following page]
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
is the
acknowledged it as the Spokane Neighborhood Action Partners which is
the of Spokane Neighborhood Action Partners to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of THE CITY OF SPOKANE VALLEY, a
municipal corporation of the State of Washington, to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC
Print Name:
My Commission Expires:
24 of 27
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT A
LEGAL DESCRIPTION
25 of 27
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT B
PROPERTY AND FACILITY MAP
26 of 27
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EXHIBIT G
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://Ini.wa.2ov/licensin2-permits/pu blic-works-projects/prevailing-wage-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 yea written below.
B
DATE 10.24.23
27 of 27
Wa9iing�on Sbk Uma,unml al
Labor & Industries.(https://Inima.go2/)
Contractors
SPOKANE NGHBRHD ACTN PRTNRS
Owner or tradesperson
Principals
LYNCH, PATRICK MICHAEL, SECRETARY
ISSERLIS, KENNETH LLOYD, CHIEF
EXECUTIVE OFFICER
HONEKAMP, JULIE MARIE DHATT, CHIEF
EXECUTIVE OFFICER
LEPINSKI, LUCY CATHERINE, CHIEF
OPERATING OFFICER
LEPINSKI, LUCY CATHERINE, CHIEF
OPERATING OFFICER
DHATT HONEKAMP, JULIE
MARIE, DIRECTOR
DALTON, VICKY MELANIE, DIRECTOR
NAVE, JEFFREY CALLAHAN, DIRECTOR
WILSON, LYNDIA CAROL, DIRECTOR
DALTON, VICKY MELANIE, MEMBER
NAVE, JEFFREY CALLAHAN, MEMBER
WILSON, LYNDIA CAROL, MEMBER
EKINS, GAYLE WINGATE, MEMBER
EKINS, GAYLE WINGATE, MEMBER
DORWIN, MARCIAANN, MEMBER
WERME, DAVID HANS, PRESIDENT
(End: 04/12/2016)
HEMMINGSON, JOHN JEFFERY, VICE
PRESIDENT
(End: 04/12/2016)
Honekamp, Julie M, CHIEF EXECUTIVE
OFFICER
(End: 04/15/2014)
KROSKE, KATHY
(End: 04/30/2012)
EKINS, GAYLE
(End: 04/30/2012)
DALTON, VICKY M, MEMBER
(End: 04/30/2012)
MCCABE, CHRISTINE MURIN, MEMBER
(End: 04/30/2012)
STUCKERT, LAWRENCE JOSEPH, MEMBER
(End: 04/30/2012)
TREMAINE, THOMAS NATHAN, MEMBER
(End: 04/30/2012)
TREMAINE, THOMAS NATHAN, MEMBER
(End: 04/30/2012)
GRABICKI, PETER JENNINGS, SECRETARY
(End: 05/01 /2018)
HEMMINGSON, JOHN J, DIRECTOR
3102 W Whistalks Way
SPOKANE, WA 99224-5203
509-966-7627
SPOKANE County
(End: 05/01 /2018)
Doing business as
SPOKANE NGHBRHD ACTN PRTNRS
WA UBI No.
600 616 613
License
Business type
Corporation
Governing persons
VICKY
DALTON
JULIE HONEKAMP;
KEN ISSERLIS;
LUCY LEPINSKI;
PATRICK LYNCH;
Verify the contractor's active registration / license / certification (depending on trade) and any past violations.
Construction Contractor Active
................................................
Meets current requirements.
License specialties
GENERAL
License no.
SPOKANA910KD
Effective — expiration
05/04/2009— 06/03/2024
Bond
TRAVELERS CAS & SURETY CO
$12,000.00
Bond account no.
201611488
Received by L&I
Effective date
04/02/2002
05/04/2009
Expiration date
Until Canceled
Insurance
..................
American Alternative Ins Corp
$10,000,000.00
Policy no.
N1-A2-RL-0000013-14
Received by L&I
Effective date
06/30/2023
06/01/2023
Expiration date
06/01/2024
Insurance history
Savings
No savings accounts during the previous 6 year period.
Lawsuits against the bond or savings
No lawsuits against the bond or savings accounts during the previous 6 year period.
L&I Tax debts
No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts
may be recorded by other agencies.
License Violations
No license violations during the previous 6 year period.
I Certifications & Endorsements I
OMWBE Certifications
..............
No active cerfifcations exist for this business
Apprentice Training Agent
No active Washington registered apprentices exist for this business. Washington allows the use of apprentices
registered with Oregon or Montana. Contact the Oregon Bureau of Labor & Industries or Montana Department of'_.abor
& Industry to verify if this business has apprentices.
Workers' Comp
Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums.
L&I Account ID
600,434-00
......................... .
Account is current
Doing business as
SPOKANE NEIGHBORHOOD ACTION
Estimated workers reported
Quarter 2 of Year 2023 "Greater than 100 Workers"
L&I account contact
T2 I CHARLEEN GREGORY (360) 902-4685 - Email: GOHA235@lni.wa.gov
Public Works Requirements
Verify the contractor is eligible to perform work on public works projects.
Required Traming— Effective July 1, 2019
Exempt from this requirement.
Contractor Strikes
No strikes have been issued against this contractor.
Contractors not allowed to bid
No debarments have been issued against this contractor.
Workplace Safety & Health
Check for any past safety and health violations found on jobsites this business was responsible for.
No inspections during the previous 6 year period.
Issue Date 10/13/2023 Cert #:0000044457
Non Profit Insurance Program
Certificate of Coverage
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT
BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If thecertifcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGRATION IS WAIVED, subject to the terms and conditions of
the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
COMPAlSES AFFOROM COVERAGE
Clear Risk Solutions
GENERAL LIABILITY
451 Diamond Drive
American Alternative Insurance Corporation, at al.
Ephrata, WA 98823
AUTOMOBILE LIABILITY
American Alternative Insurance Corporation, at al.
PROPERTY
American Alternative Insurance Corporation, at al.
INSURED
Spokane Neighborhood Action Partners
MISCELLANEOUS PROFESSIONAL LIABILITY
3102 West Whistalks Wy
Princeton Excess and Surplus Lines Insurance Company
Spokane, WA 99224
COMRADES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF IRSURANCE POLICY NUMBER POLICY EFF POLICY EXP
DESCRIPTION
LETS
DATE DATE
(ENERALLUUMLfTY
COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-14 6/1/2023 6/1/2024
PER OCCURRENCE
$5,000,000
OCCURRENCE FORM
PER MEMBER AGGREGATE
$10,000,000
INCLUDES STOP GAP
PRODUCT-COMP/OP
$5,000,000
PERSONAL & ADV. INJURY
$5,000,000
(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$50,000,000
AI,ITOMOBILEE LI1UNILITY
ANY AUTO N1-A2-RL-0000013-14 6/1/2023 6/1/2024
COMBINED SINGLE LIMIT
$5,000,000
(LIABILITY IS SUBJECT TO A 350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
NONE
PROPERTY
N1-A2-RL-0000013-14 6/1/2023 6/1/2024
ALL RISK PER OCC EXCL EQ & FL
$75,000,000
EARTHQUAKE PER OCC
Excluded
FLOOD PER OCC
Excluded
(PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
NONE
MMCELLANEOLIS PROFESSIONAL LIABLITY
N1-A3-RL-0000060-14 6/1/2023 6/1/2024
PER CLAIM
$5,000,000
(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$40,000,000
DEMMOI ON OF OPERATIOINr tt=ATION$f VBNCM t SPECU1.MW
Regarding Agreement #23-185.00 for grant funding for the Broadway Senior Housing. City of Spokane
Valley are named as Additional Insured regarding this Agreement
only and are subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. The NPIP retained limit is primary and non-contributory.
Hired/Non-owned Auto coverage is included in the Auto Liability coverage listed above.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
WITW TWG Pr)l ICV PRr)%/ISIr1WS
CERTIRICATE HOLDER
AUTNOPaW REPRESENTATVE
Marci Patterson, City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
iii
AMERICAN ALTERNATIVE
INSURANCE COMPANY
ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
(GENERAL LIABILITY)
Named Insured
Non Profit Insurance Program (NPIP)
Policy Number
Endorsement Effective
N1-A2-RL-0000013-14
6/1/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above.
Schedule
Person or Organization (Additional Insured): As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator
Marci Patterson, City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
Regarding Agreement #23-185.00 for grant funding for the Broadway Senior Housing. City of Spokane Valley are
named as Additional Insured regarding this Agreement only and are subject to policy terms, conditions, and
exclusions. Additional Insured endorsement is attached. The NPIP retained limit is primary and non-contributory.
Hired/Non-owned Auto coverage is included in the Auto Liability coverage listed above.
A. With respects to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions
section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or
Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury
caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In performance of your ongoing operations; or
2. In connection with your premises owned or rented to you.
B. The Limits of Insurance applicable to the additional Insured are those specified in either the:
1. Written contract or written agreement; or
2. Declarations for this policy,
whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
Form: RL 2124 10 21
Includes copyrighted material of the Insurance Services Office, Inc., with its permission
,3 - /85
Issue Date 5/23/2024 Cert #:0000044457
NON PROFIT INSURANCE PROGRAM
CERTIFICATE OF COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW. THIS CERTIFICATE OF COVERAGE 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 COVERED PARTY, THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS
WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT
ON THIS CFRTIFICATF DOFS NOT CONFER RIGHTS TO THE CFRTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENTISI.
PROGRAM ADMINISTRATOR
COMPANIES AFFORDING COVERAGE
Clear Risk Solutions
GENERAL LIABILITY
451 Diamond Drive
NPIP / Munich Re. et al.
Ephrata, WA 98823
AUTOMOBILE LIABILITY
NPIP / Munich Re. et al.
COVERED PARTY
PROPERTY
Spokane Neighborhood Action Partners
NPIP I Munich Re. et al.
3102 West Whistalks Wy
MISCELLANEOUS PROFESSIONAL LIABILITY
Spokane, WA 99224
NPIP / Munich Re. et al.
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS FXCI I ISIONS ANn CONnITIONS OF St ICH COVFRA(;F AGRFFMFNT_ LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LINE OF COVERAGE COVERAGE NUMBER EFF DATE EXP DATE
DESCRIPTION
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY NPIP242533675 6/l/2024 6/1/2025
PER OCCURRENCE
$5,000,000
OCCURRENCE FORM
PER MEMBER AGGREGATE
$10,000,000
INCLUDES STOP GAP— EMPLOYERS LIABILITY
PRODUCT-COMP/OP
$5,000,000
PERSONAL & ADV. INJURY
$5,000,000
(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$50,000,000
AUTOMOBILE LIABILITY
ANY AUTO NPIP242533675 6/1/2024 6/1/2025
COMBINED SINGLE LIMIT
$5,000,000
(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
NONE
PROPERTY
NPIP242533675 6/1/2024 6/1/2025
ALL RISK PER OCC EXCL EQ & FL
$100,000,000
EARTHQUAKE PER OCC
Excluded
FLOOD PER OCC
Excluded
(PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
NONE
MISCELLANEOUS PROFESSIONAL LIABILITY
NPIP242533675 6/1/2024 6/1/2025
PER CLAIM
$5,000,000
(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$40,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS
Regarding Agreement #23-185.00 for grant funding for the Broadway Senior Housing. City of Spokane
Valley are named as Additional Covered
Party regarding this
Agreement only and are subject to coverage terms, conditions, and exclusions. Additional Covered Party
endorsement is attached. The NPIP Coverage Agreement is
primary and noncontributory. Hired/Non-owned Auto coverage is included in the Auto Liability coverage listed above.
CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
nm n/FRFn IN ACCr1RnANCF WITH THE Cr1VFRAQF AQRFFMFNT PROVISIONS.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
Marci Patterson, City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
Coverage Number: NPIP242533675 Effective Date: 6/V2024
Cert #:0000044457 Issue Date 5/23/2024
ADDITIONAL COVERED PARTY- DESIGNATED PERSON OR ORGANIZATION
(GENERAL LIABILITY)
THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY
This endorsement modifies Coverage provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless
another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by
and is on file with the Company, the following applies.
SCHEDULE
Person or Organization (Additional Covered Party):
Marci Patterson, City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
Description of Activities / Operations / Desionated Premises:
Regarding Agreement #23-185.00 for grant funding for the Broadway Senior Housing. City of Spokane Valley are named as
Additional Covered Party regarding this Agreement only and are subject to coverage terms, conditions, and exclusions.
Additional Covered Party endorsement is attached. The NPIP Coverage Agreement is primary and non-contributory. Hired/Non-
owned Auto coverage is included in the Auto Liability coverage listed above.
A. With respects to the General Liability Coverage Part only, the definition of Covered Party in the Liability Conditions,
Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the
Person or Organization shown in the above Schedule. Such Person or Organization is a Covered Party only with
respect to liabilityfor Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in
part by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In performance of your ongoing operations; or
2. In connection with your premises owned or rented to you.
B. The Limits of Coverage applicable to the additional Covered Party are those specified in either the:
1. Written contract or written agreement; or
2. Declarations for this Coverage Agreement,
whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the
Declarations.
All other terms and conditions remain unchanged.