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24-009.00JoyaChildFamilyDevelopment2024SocialServicesGrant 24-009.00 CITY OF SPOKANE VALLEY GRANT AGREEMENT—OUTSIDE AGENCY Economic Development or Social Services Grant Recipient: Joya Child & Family Development Project: Otoacoustic Emission(OAE) Devices and Accessories (Hearing Screening Devices) Award Amount: 5,757. Category: Social Services Contract#: 24-009.00 Term Period: January 1,2024 To December 31,2024 THIS AGREEMENT is made by and between the City of Spokane Valley, a non-charter code City of the State of Washington, hereinafter referred to as "City," and Joya Child & Family Development, hereinafter referred to as "Grant Recipient,"jointly referred to as "Parties." NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement,the Parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is for Grant Recipient to receive funds from the City in order to provide economic development or social services within the City. As detailed in the scope of work outlined in the proposal in Exhibit 1,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. Pursuant to RCW 35.21.703, it is a public purpose to engage in economic development and in furtherance of that purpose the City may contract with nonprofit organizations. 2. Administration. The Accounting and Finance Program Manager shall administer and be the primary contact for Grant Recipient regarding terms of this Agreement. For good cause, as solely determined by City, City may direct that Grant Recipient is no longer entitled to the use of said funds and terminate this Agreement. 3. Representations. Grant Recipient shall use the funds received from City for economic development or social services solely for the purposes and in accordance with the proposal submitted by Grant Recipient to the City and its presentation to the City Council on September 19, 2023 incorporated herein by reference. Grant Recipient shall perform the services and work set forth in the proposal and presentation and promptly cure any failure in performance. City has relied upon the representations made by Grant Recipient in the proposal and presentation. By execution of this Agreement, Grant Recipient represents that the funds will be used for economic development or social services in accordance with all current laws,rules and regulations. No substitutions of purpose or use of the funds shall be made without the written consent of City. City shall make decisions and carry out its other responsibilities in a timely manner. 4. Reporting. Grant Recipient shall file an annual summary report outlining and describing the use of the funds provided by City and the services provided and the benefits of such services to the community. The summary report shall be filed no later than January 31, 2025. Page 1 of 9 24-009.00 5. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Grant Recipient shall accept modifications consistent with state and local law when directed orally or in writing by the Accounting and Finance Program Manager. 6. Term of Contract. This Agreement shall be in full force and effect upon full execution and shall remain in effect until terminated when (a) Grant Recipient expends all of the funds granted by City and(b)Grant Recipient provides the annual report required pursuant to Section 4 of this Agreement. Services and work set forth in the proposal and presentation shall be completed from January 1, 2024 to December 31, 2024. Either Party may terminate this Agreement by 30 days written notice to the other Party or with no notice upon a determination by the City that the funds will not be or have not been used for the purpose as stated in this Agreement. In the event of such termination,City shall cease and desist from distributing any further funds to Grant Recipient for work performed or otherwise and Grant Recipient may be required to reimburse the City for any funds expended for a purpose other than as stated in this Agreement. 7. Compensation. City agrees to reimburse Grant Recipient for out-of-pocket costs incurred and expended in an amount not to exceed$5,757. 8. Payment. City shall reimburse Grant Recipient periodically upon presentation of an invoice to City. Grant Recipient shall be responsible for showing that the City funds were used for economic development or social services. Accordingly, the City shall not reimburse any expenses until Grant Recipient provides summary/cover sheet,a detailed description of the services, goods,or other costs incurred and expended,as well as copies of the invoices and receipts and proof of payment for which Grant Recipient is requesting reimbursement. For any payroll related reimbursement requests, a description of the work performed for the hours being requested must be submitted, along with any timesheets or similar payroll documents. In the event no invoice was provided to Grant Recipient,Grant Recipient shall provide an affidavit under penalty of perjury as to the detailed description of the use of the funds expended. Qualified expenditures shall be incurred in calendar year 2024 and paid by Grant Recipient no later than January 15, 2025. City shall not reimburse any expenditures incurred prior to or after calendar year 2024 or paid after January 15, 2025. The proof of expenses and payment shall be forwarded to the Accounting and Finance Program Manager at the below stated address no later than January 21, 2025. If the amount awarded is less than the requested amount in the application, Grant Recipient shall be reimbursed for line items or projects in the application up to the amount awarded. Also, Grant Recipient shall not be reimbursed for specific line items or projects in an amount greater than the budget submitted for that line item or project in the application. An updated project budget shall be provided by Grant Recipient and approved by City in Exhibit 2. Grant Recipient is an independent contractor and shall be solely responsible for all employee payroll related costs or expenditures. Grant Recipient shall assume all responsibility for maintaining complete payroll records on programs where City funds have been used. If payroll costs are disallowed by the Washington State Auditor's office or another oversight agency, Grant Recipient shall reimburse the City for any City funds used in the program. City reserves the right to withhold payment of funds under this Agreement or to seek reimbursement of funds distributed under this Agreement which are determined in the reasonable judgment of the City Manager or designee to be noncompliant with the scope of work, City standards, and City ordinances, or federal or state law. 9. Notice. Notice shall be given in writing as follows or such change in address as provided by either Party: Page 2 of 9 1 24-009.00 TO CITY: TO GRANT RECIPIENT: Name: Sarah Farr Name: Colleen Fuchs Accounting and Finance Program Manager Executive Director Phone Number: (509) 720-5041 Phone Number: (509)326-1651 Address: 10210 E. Sprague Ave. Address: 1016 N. Superior St Spokane Valley, WA 99206 Spokane, WA 99202 10. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws,ordinances,and regulations. 11. Relationship of the Parties. It is understood, agreed, and declared that Grant Recipient, its employees,agents,and assigns shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Grant Recipient. Any and all 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 employees of Grant Recipient under this Agreement and any liability that may attach thereto. 12. Insurance. 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 described below unless initialed as not applicable to Grant Recipient's operations: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under 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 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. Does not apply; Grant Recipient is not required to carry Workers' compensation coverage B. Minimum Amounts of Insurance. Grant Recipient shall maintain the following insurance limits unless checked as not applicable to Grant Recipient's operations: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Does not apply; Grant Recipient does not own or operate automobiles Page 3 of9 24-009.00 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. C. Other Insurance Provisions. The Grant Recipient's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1.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 with it. 2. 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. 3. 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. 4. Failure on the part of Grant Recipient to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Grant Recipient to correct the breach, immediately terminate the Agreement,or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Grant Recipient from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Grant Recipient shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 13. Indemnification and Hold Harmless. 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, Grant Recipient's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grant Recipient and the City, its officers,officials,employees,and volunteers,the Grant Recipient's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Grant Recipient's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the 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. Page 4 of 9 24-009.00 14. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Grant Recipient's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. All drawings, plans, specifications, budgets, reports, and other related documents prepared by Grant Recipient under this Agreement 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 under this Agreement 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 under this Agreement, 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. 15. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power,right or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 16. Assignment and Delegation. Neither Party shall assign, transfer or delegate any nor all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 17. Subcontracts. Except as otherwise provided herein,Grant Recipient shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 18. Confidentiality. Grant Recipient may, from time to time, receive information which is deemed by the City to be confidential. Grant Recipient shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 19. Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes between the City and 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 the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Grant Recipient's services 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. 20. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). Page 5 of 9 24-009.00 21. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 22. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement,or have solicited,accepted or granted a present or future gift,favor, service or other thing of value from any person with an interest in this Agreement. 23. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: Exhibit 1: Grant Recipient's proposal—on file with the City Clerk Exhibit 2: Updated Project Budget Exhibit 3: Insurance certificates IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the last date written. CITY OF SPOKANE VALLEY: Grant Recipient: \-1.4. cam_ JohrfohmManager an CityB Y: lIstiL"A(‘ Its: Authorized Representative r3 -2y II417_o-Z� Date Date AP ROVE TO FORM: ff of the 4ty Attorney Page 6 of 9 24-009.00 Exhibit 1: Grant Recipient's Proposal ON FILE WITH CITY CLERK Page 7 of 9 24-009.00 Exhibit 2: Updated Project Budget Please provide an attachment with an updated project budget pursuant to your proposal based on the funds allocated in your award. The budget should include a detailed breakdown of the expected expenses for the project in line with the scope of work and original proposed use of the funds. Page 8 of 9 ejoya CHILD & FAMILY DEVELOPMENT Exhibit 2:Updated Project Budget HEARING SCREENING PROJECT BUDGET Cost per item Quantity Item Description Total $ 1,600.00 4 Per OAE before tax $ 6,400.00 Total project cost: $6,400.00 Spokane Valley Social Services Grant: $5,757.00 Remaining Cost incurred by Joya: $643.00 Budget Narrative: *Revised budget from original request would allow for purchase of four new Otoacoustic Emission (OAE) hearing screening devices.The difference in the amount requested and awarded would be covered with funds on hand at Joya. Per our original request any funds awarded would be put toward the purchase of the devices. 24-009.00 Exhibit 3: Insurance Certificates Attach applicable insurance documents as required by the grant agreement terms in Section 12. Page 9 of 9 �', SPOKGUI-02 VRICHARDSON '4CoRC CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 1/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ' CONTACT NAME: Alliant Insurance Services,Inc. I PHONE FAX 818 W Riverside Ave Ste 800 (A/C,No,Ext): (509)325-3024 (A/C,No):(509)325-1803 Spokane,WA 99201 E-MAILSS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:AMCO Insurance Company 19100 , INSURED INSURER B:ALLIED Property and Casualty Insurance,Company 42579 _ Spokane Guilds'School&Neuromuscular Center INSURER c dba Joya 1016 N Superior Street INSURER D: Spokane,WA 99202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 'ADDL,!SUBRI POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR, INSD WVD (MM/DD/YYYYI,IMM/DDIYYYY) A X I COMMERCIAL GENERAL LIABILITY I 1,000,000 EACH OCCURRENCE $ X CLAIMS-MADE I OCCUR IACPBAPC3049207946 3/1/2023 3/1/2024 PREMISES(Ea occur ante) $ 1,000,000 I MED EXP(Any one person) $ 20,000 ' PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY 1 PRO- 1 I LOC I PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: B COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY 1,000,000 (Ea ANY AUTO ACPBAPC3049207946 3/1/2023 3/1/2024 BOLa $ BODILYY INJURY(Per person) $ OWNED I SCHEDULED AUTOS ONLY I AUTOS j BODILY INJURY(Per accident) $ X HIRED X ' NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAR X OCCUR I 4,000,000 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE ACPBAPC3049207946 3/1/2023 3/1/2024 AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY , sTATUTE ER Y/N ACPBAPC3049207946 3/1/2023 3/1/2024 ! 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Grant The City of Spokane Valley is Additional Insured for General Liabiity per CG8128[1/18]attd. *replaces certificate issued 1/17/24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ��..••aa1 SPOKGUI-02 ifRICHARDSON ACORO' DATE (1aMID VYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 endomement(s). PRODUCER All)ant Insurance Services Inc. (PHONE AX : (509) 325-3024 IAlq. No):(609) 325-1803 518 W Riverside Ave Ste 8b0 EM Qr Irsm WA ee9D1 ADQREM. _. "WPM Spokane Guilds' School & Neuromuscular Center Joys Child 3 Family Development 1016 N Superior Street Spokane, WA 99202 INSURER (9) AFFORDING COVERAGE _..... NAIC N wsuRERA:HanoverAmerican Inaurance_Company 36064 _ _ vlsuRue: ..Hanover Insurance _Company 22292 INSURER C : .... INSUIIERD: _ INSURER E : wm,xm e • er%mmr%u au uaoeo. 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. .... .. -POLICY _ INSR._. _. TYPE OF XNSURANCEAD R SUER`.. _..POLICY NUMBER .. _... EFF POLJCY EXP LTR YYY LIMITS A X COMMERCIAL GENERAL Lwka1LITY EACH OCCURRENCE 1,000,000 ------ - -- X CLAIMS -MADE OCCUR X ZB2J65965400 3/1/2024 3/1/2025 . DAMA E TO RENTED PR YES � y,�) s_____ 1,000,000 _ -- - - 10,000 MED EXP (Any one person) S _ 1,000,000 8 ADV INJURY .PERSONAL 3,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ S -- Included POLICY j LOC _ PRODUCTS COMP/OPAGG, OTHER: A CS OMBINED SINGLE LIMIT 1,000,000 . AUTOMOBILE LIABILITY tEa acadall) $ _. -- ,ANY AUTO ZBW65965400 3/1/2024 3/1/2025 BODILY INJURY (Perperaon) S _. OWNED SCHEDULED AUTOS ONLY BOpOIpL�YRI7N�JUpRgY(Peraccident),_S NAUTOS X... OR ONLY X AUTOS OM-Y y Ep jPar ew'dera) ��. . _ S X EI umaR.LALIAB X OCCUR . EACH OCCURRENCE . S _.. 4,1000.000 'Excessune CLAIMS -MADE UH2J65965700 311/2024 3/1/2025 AGGREGATE s 4,000,000 DED X RETENTION $ 0 A WORKERS COMPENSATION E�RR p�H STATUTE ER YIN_. AND EMPLOYERS' LIABILITY 'ZB2J65966400 3/1/2024 3/1/2025 --- El EACH ACGOENT $ 1,000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE QFFICERI 19M) EXCLUDED? NIA (ManAstory In NH) E.L DISEASE - �A EMPLOYEES 1'000'000 It yes desc bs unde, MIT 1,000,000 TI NE.L. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, AddSional Remarks Schedule, may be attached O more space is rsqutnd) RE: Grant City of Spokane Valley Is Additional Insured,for General Liability per Insuring form 421-2915 (SM51 attd. `cancels 3 supersedes certificate Issued 3/1124 City of Spokane valley 10210 E Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) W 188NhZU1D AL:UKIJ 6UKrUKA I IUN- An ngncs reaerrveu. The ACORD name and logo are registered marks of ACORD { THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART AIIMMARY nF CAVFRAf;FA 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments — Extended Reporting Period Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits - Bail Bonds $2,500 - Loss of Earnings $1000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or Perm it The following is added to SECTION II — WHO IS AN INSURED: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. 421.2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury' arises out of sole negligence of the lessor (4) To any: (a) Owners or other interests from. whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other insurance: Additional Insured — Primary and Non - Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II — WHO IS AN INSURED, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 b. Excess Insurance (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or an any other basis: (a) That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or 3. temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION 1 — COVERAGE A — BODILY INURY AND PROPERTY DAMAGE LIABILITY. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self insured amounts under all that other insurance. insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers Blanket Waiver of Subrogation The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the "occurrence" or offense giving rise to such payments. 4. Bodily Injury Redefined SECTION V — DEFINITIONS, Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators a. SECTION I — COVERAGES, COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions subparagraph j. is amended as follows: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage" to "customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy. Insurance shown in the Declarations of b. The following is added to SECTION V — this Coverage Part. DEFINTIONS: c. Method Of Sharing 24. "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being: method also. Under this approach each 421-2915 0615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 a. worked on; or b. used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent 6. Knowledge of Occurrence The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: e. Notice of an "occurrence", offense, claim or "suit" will be considered knowledge of the insured if reported to an individual named insured, partner, executive officer or an "employee" designated by you to give us such a notice. 7. Liberalization Clause The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 8. Medical Payments — Extended Reporting Period a. SECTION I — COVERAGES, COVERAGE C — MEDICAL PAYMENTS, Paragraph 1. Insuring Agreement, subparagraph a.(3)(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and b. This coverage does not apply if COVERAGE C — MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 9. Newly Acquired Or Formed Organizations SECTION 11 — WHO IS AN INSURED, Paragraph 3.a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 10. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. 11. Supplementary Payments Increased Limits SECTION I — SUPPLEMENTARY PAYMENTS COVERAGES A AND B, Paragraphs 1.b. and 1.d. are replaced by the following: 1.b.Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $1000 a day because of time off from work. 12. Unintentional Failure to Disclose Hazards The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 6. Representations: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 13. Unintentional Failure to Notify The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this policy shall not be prejudiced If you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4