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24-034.01SpokaneValleyHUB2024LodgingTaxGrant CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE VALLEY HUB Spokane Valley Contract# 24-0034.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Spokane Valley HUB mutually agree as follows: 1.Purpose:This Amendment is for the Grant Agreement for Tourism Promotion through the City's Lodging Tax Grant funding by and between the Parties, executed by the Parties on February 15, 2024, and which terminates on December 31,2024. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are attached hereto as Appendix "A" and any Exhibits thereto. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount January 1,2024 $147,000.00 Amendment#1 to be executed n/a Total Amended Compensation $147,000.00 The parties have executed this Amendment to the Original Contract this 77' ay of November, 2024. CITY OF SPOKANE VALLEY: Grant Recipient: Z"--j—XV n Hohman By: Phil Champlin City Manager Its: Executive Director APPROVED AS 0 ORM: 41F ffic f the Cit Attorney 1 • APPENDIX"A" 1. Exhibit 2, Updated Project Budget of the Original Grant Agreement, shall be removed and replaced with"Exhibit 2-A"to include the attached updated budget. The Parties agree that"Exhibit 2-A" shall be incorporated herein by this reference. Further,any reference to Exhibit 2 in the Original Grant Agreement shall mean"Exhibit 2-A." The Parties agree to continue to abide by those terms and conditions of the Original Grant Agreement and any amendments thereto which are not specifically modified by this Amendment. 2 Exhibit 2-A 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. Original Amended Budget Code Category Budget Budget Code Category Budget A Promotion&Advertising 6,000.00 A Promotion&Advertising 4,000.00 B Marketing 17,000.00 B Marketing 14,000.00 C Staffing 60,000.00 C Staffing 83,250.00 D Operations 64,000.00 D Operations 45,750.00 Total 147,000.00 Total 147,000.00 The grant recipient may incur cost variances of no more than 10%within any category of the approved project budget without further prior written City approval. Regardless of any variance allowed herein the total grant award of$147,000.00 shall not be exceeded in any circumstance. 3 (5_I _0 SPOKVAL-12 SRATCLIFF '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE( 11/5/2024 5/2024 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 Serena Ratcliff,CLIC NAME: Alliant Insurance Services,Inc. PHONE FAX 818 W Riverside Ave Ste 800 (A/c,No,Ext): (A/C,No): Spokane,WA 99201 E-MAIL DRESS:Serena.Ratcliff@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Spokane Valley HUB INSURERC: 19619 E Cataldo Ave INSURERD: Liberty Lake,WA 99016 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X PHPK2620999 11/7/2024 11/7/2025 PREMISES Eaoccurrencel $ 100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PE0 LOC PRODUCTS-COMP/OPAGG $ 3,000,000 X POLICY J OTHER:General Aggregate A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO PHPK2620999 11/7/2024 11/7/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED - - - AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X NON-OWNEDO PROPERTY acEciident)DAMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE PHUB888176-006 11/7/2024 11/7/2025 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N PHPK2620999 11/7/2024 11/7/2025 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 ,$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHOR•IZE-D-R\REEPPRR)ESE(NTT�ATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-AS-009 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words"you"and "your" refer to the Named Insured shown in the Declarations. The words"we,""us"and "our" refer to the Company providing this insurance. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A. Supplementary Payments—Bail bonds increased to$2,500/Loss of earnings increased to$500 each day; B. Tenant's Legal Liability—for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers—Limit increased to$300,000; C. Broadened Definition of Who Is An Insured; D. Amended Duties In the Event Of Occurrence, Claim Or Suit; E. Broadened definition of Advertising Injury—includes Televised Or Videotaped Publication; F. Amended definition of Bodily Injury to include Mental Anguish; G. Broadened definition of Personal Injury—includes Abuse Of Process/Discrimination; H. Amended Unintentional Failure To Disclose Hazards; I. Amended Liberalization Clause J. Added Employee Indemnification Defense Coverage— We will pay up to$25,000 in defense costs for an "employee"in a criminal proceeding(subject to established criteria); K. "Property Damage"-Removed exclusion for"Property damage"resulting from the use of reasonable force to protect persons or property; L. Added blanket Additional Insured—Funding Source; M. Added blanket Additional Insured—Managers or Lessors of Premises; N. Non-owned Watercraft—coverage length is increased to 58 ft. Page 1 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) A. Supplementary Payments In the Supplementary Payments—Coverages A. and B. provision: 1. The limit for the cost of bail bonds is changed from $250 to$2,500; and 2. The limit for loss of earnings is changed from $250 a day to$500 a day. B. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word"fire" is changed to"fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: 1. The Limits of Insurance section of the Declarations as the Fire Damage Limit. That limit: a. Is changed subject to all the terms of Limit of Insurance (Section III)to the greater of: (1) $300,000; or (2) The amount shown in the Declarations as the Fire Damage Limit. b. Subject to a. above is the most we will pay to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. 2. The last paragraph of Coverage A. (Section I)after the Exclusions; 3. Paragraph 6. of Limits of Insurance(Section III); 4. Paragraph b.(1)(b)of the Other Insurance Condition (Section IV); and 5. Paragraph a. of the definition of"insured contract." C. Who Is An Insured Who Is An Insured (Section II) is changed as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period. D. Duties In The Event Of Occurrence, Claim Or Suit 1. The requirement in Condition 2.a. (Conditions, Section IV)that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence"or offense is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. Page 2 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) 2. The requirement in Condition 2.b.that you must see to it that we receive notice of a claim or "suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit" is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. E. Advertising Injury—Televised Or Videotaped Publication 1. The definition of"Personal and Advertising Injury" items 14. d., e., f. and g. is changed to read: "Personal and Advertising Injury" means injury arising out of one or more of the following offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Misappropriation of advertising ideas or style of doing business; or g. Infringement of copyright,title or slogan. 2. 2. Exclusions b.and c. of Coverage B., Personal And Advertising Injury Liability, are changed to read: b. (2)Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. (3)Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. F. Bodily Injury—Mental Anguish The definition of"bodily injury" is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above)at any time. G. Personal Injury—Abuse Of Process/Discrimination If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded from this Coverage Part: 1. The definition of"Personal and Advertising Injury" is changed by: Page 3 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) a. Revising Item b. of that definition to read: Malicious prosecution or abuse of process; b. Adding the following: "Personal Injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer, director, stockholder, partner or member of the insured;or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or (3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or (4) Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The insurance afforded by G.1.b. above does not apply to fines or penalties imposed because of discrimination. H. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. I. Liberalization If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. J. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: 3. We will pay on your behalf defense costs incurred by an "employee"in a criminal proceeding. However, you must have a prior written agreement with such "employee"whereby you agree to indemnify the"employee"for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the number of employees, claims or"suits"brought or persons or organizations making claims or bringing "suits." Page 4 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission. PI-AS-009 (04/04) K. Extended "Property Damage" SECTION I—COVERAGES, COVERAGE A, 2. Exclusions a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury"or"Property Damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. L. Additional Insured—Funding Source Under SECTION II—WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. M. Additional Insured—Managers or Lessors of Premises Under SECTION II—WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. N. Non-owned Watercraft SECTION I—COVERAGES, 2. Exclusions, paragraph g. (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. Page 5 of 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY Includes copyright material of the Insurance Services Office, Inc., used with its permission.