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25-075.00JAKTdbaPNWFoundationSpokaneValleyFarmersMarketContract No. 25-075 AGREEMENT FOR RECREATIONAL SERVICES Spokane Valley Farmers Market THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and PNW Foundation/JAKT Foundation, hereinafter "Contractor," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Contractor shall provide all labor, services, and material to satisfactorily complete the work identified in attached Exhibit A as being performed by the Contractor. A. Administration. The City Manager or designee shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Contractor shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Contractor in entering into this Agreement. By execution of this Agreement, Contractor represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Contractor represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Contractor shall exercise the degree of skill and diligence normally employed by professional contractors engaged in the same profession and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Contractor shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Contractor's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Contractor shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. City Participation. The City shall provide the labor, services and material to satisfactorily complete the tasks identified in Exhibit A as being performed by the City. 3. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in Agreement for Recreational Services Page 1 of 9 Contract No. 25-075 effect until completion of all contractual requirements have been met as determined by City. Contractor shall complete its work by December 31, 2025 unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Contractor. In the event of termination without breach, City shall pay Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 4. Compensation. The Contractor shall pay the City 10% of gross vendor fees or a flat fee of $2,880, whichever is greater, plus any applicable alcohol sales commission owed to the City under the Agreement for CenterPlace Food and Beverage Services 22-229.02. 5. Marketing Expenses and Support. The Contractor and the City shall split the costs for marketing, with each party contributing 50% of any direct costs, where each Party shall be responsible for up to $6,000 for the advertising costs. Additionally, the City will provide marketing and day -of events support through an Events Intern under the direct supervision of the Economic Development Department. Contractor shall provide a final reconciliation as documentation to support the calculation of fees owed to the city at the time the fees are paid to the City. 6. Payment. Contractor shall provide final documentation to support the calculation of fees owed to the City by November 3, 2025. Any undisputed amount shall be paid by the Contractor to the City by January 31, 2026. If the City disagrees with the calculation of fees owed to the City, it shall provide the Contractor a reason for the dispute in writing by November 21, 2025. The Parties shall attempt to resolve any dispute informally. If the Parties cannot come to an agreement as to the amount owed by December 31, 2025 such dispute shall be resolved pursuant to section 17 of this Agreement. 7. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: PNW Foundation/JAKT Foundation Phone: 509-251-7170 Address: PO Box 13069 Spokane Valley Wa 99213 8. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Contractor states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. Pursuant to RCW 42.17A.555, the Contractor shall prohibit campaigning for election of any person to any office or for the promotion of or opposition to any ballot proposition. 9. Relationship of the Parties. It is understood and agreed that Contractor 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 Contractor. Any and all employees who provide services on behalf or through Contractor under this Agreement shall be deemed employees solely of Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any Agreement for Recreational Services Page 2 of 9 Contract No. 25-075 liability that may attach thereto. 10. Ownership of Documents. All drawings, plans, specifications, and other related documents provided to the City by Contractor related to this Agreement are subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. 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 provided by the Contractor to the City. 11. 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 Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, 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. 12. Insurance. Contractor 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 Contractor, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 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 Contractor'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. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. If Contractor will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in Agreement for Recreational Services Page 3 of 9 Contract No. 25-075 excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor 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 Contractor, irrespective of whether such limits maintained by 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 Contractor. 4. Failure on the part of Contractor 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 Contractor 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 Contractor 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, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 13. Indemnification and Hold Harmless. Contractor 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 Contractor, Contractor's agents, subcontractors, subcontractors, vendors, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants, vendors, and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. Agreement for Recreational Services Page 4 of 9 Contract No. 25-075 Contractor's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, Contractor's waiver of immunity under this provision extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 14. 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. 15. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 16. Subcontracts. Except as otherwise provided herein, Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 17. Confidentiality. Contractor may, from time -to -time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 18. Criminal Background Check. Contractor shall perform background screening on all employees and volunteers who will have direct contact or involvement with children or vulnerable adults in the performance of this Agreement, including reference checking and national criminal history screening consistent with the Child and Adult Abuse Information Act. The City may require the same from vendors. 19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contractor 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 Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s)' decision therein shall be final and binding on Contractor 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 for Recreational Services Page 5 of 9 Contract No. 25-075 Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 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. Business Registration. Contractor shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 24. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: Agreement for Recreational Services Page 6 of 9 Contract No. 25-075 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 1213 1 - Agreement for Recreational Services Page 7 of 9 Contract No. 25-075 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 25. 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. 26. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Insurance Certificates The Parties have executed this Agreement this _ 4C day of JUAIE 2025. CITY OF SPOKANE VALLEY JAn Hohman, City Manager APPROVED AS TO FORM: a mwllvt,�00.omomr •of tf�Z!11�xftorney Contractor: AA - By:' Its: Authorized Representative Agreement for Recreational Services Page 8 of 9 Contract No. 25-075 Exhibit A PNW Foundation/JAKT Foundation Scope of Service: The City of Spokane Valley is collaborating with JAKT Foundation d.b.a. PNW Foundation to organize and put on the Spokane Valley Farmer's Market. The Market will take place on sixteen occurrences on the dates and times listed below at CenterPlace Regional Event Center on the West Lawn Plaza. Spokane Valley Farmer's Market Every Friday from 4:00 — 8:00 p.m. from May 16, 2025 — through September 12, 2025, excluding July 4 and July 18. City of Spokane Valley obligations: • Provide venue on the West Lawn Plaza for the dates listed above. • Assist with day -of -vendor coordination. • Provide seating and tables for food truck patrons, games and other decor for outdoor event space. • Provide and manage restrooms on West Lawn Plaza. • Develop and distribute press releases about the Spokane Valley Farmers Market to be sent to local media outlets and promote the market by creating a digital campaign through social media channels and the City's e-newsletter. • Develop webpage for the market on www.spokanevalleywa.gov/FannersMarket. PNW Foundation/JAKT Foundation obligations: • Recruit vendors, take vendor payments, and provide day -of vendor coordination. • Supply CenterPlace staff with a list of vendors and vendor assignments no later than three days before each event date. Note: The City maintains the ability to reject vendor participation for any lawful reason. • Work with CenterPlace staff to create a weekly event layout for each market. • Provide the City with a 10'x10' booth space at no cost in a location to be determined by the City • Create online marketing materials and social media posts for Spokane Valley Farmers Market web pages. Parties jointlyshall: hall: • Create and execute a marketing plan to target regional audiences, which may include local newspapers, digital media channels, and other placements TBD and not to exceed $12,000 (50150 split). Agreement for Recreational Services Page 9 of 9 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, SUBJECTTO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT Clear Risk Solutions 159 Basin Street SW PMB #206 Ephrata, WA 98823 JAKT Foundation Crave! Northwest PO Box 85 Newman Lake, WA 99025 I U I rlt GtK I IrIUAI t MULUtN IN LItU UI- SUUH T THE COVERAGES LISTED BELOW HAVE B GENERAL LIABILITY: NPIP / Munich Re. et al. AUTOMOBILE LIABILITY NPIP / Munich Re. et al. PROPERTY NPIP / Munich Re. et al. CRIME NPIP / Munich Re. et al. WRONGFUL ACT LIABILITY NPIP / Munich Re. et al. MISCELLANEOUS NPIP / Munich Re. et al. PROFESSIONAL LIABILITY D MEMBER NAMED ABOVE FOR THE 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, EXCLUSIONS, AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHOWN BELOW MAY HAVE REFN RFnucFn RY PAIn cI AIM.q LINE OF •VERAGE COVERAGE NUMBER EFF DATE EXP DATE DESCRIPTION COMMERCIAL GENERAL LIABILITY NPIP25260459 6/5/2025 6/1/2026 PER OCCURRENCE $2,000,000 (OCCURRENCE FORM) INCLUDES STOP GAP —EMPLOYERS LIABILITY PER MEMBER AGGREGATE $4,000,000 PRODUCT-COMP/OP $2,000,000 MEMBER DEDUCTIBLE: $1,000 PERSONAL & ADV. INJURY $2,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 COMMERCIAL AUTOMOBILE LIAB. NPIP25260459 6/5/2025 6/1/2026 COMBINED SINGLE LIMIT $1.000,000 (ANY AUTO) (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE COMMERCIAL PROPERTY NPIP25260459 6/5/2025 6/1/2026 ALL RISK PER OCC EXCL EQ & FL $100,000,000 EARTHQUAKE PER OCC Excluded EQ AND FLOOD COVERAGE MAY BE EXCLUDED FOR INDIVIDUAL LOCATIONS FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE COMMERCIAL CRIME NPIP25260469 6/6/2025 6/1/2026 PER OCCURRENCE $1,000,000 INCLUDES EMPLOYEE THEFT/DISHONESTY & ERISA COVERAGE PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $1,000 (CRIME IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 WRONGFULrt • D:• WRONGFUL ACT LIABILTIY NPIP25260459 6/5/2025 6/1/2026 PER CLAIM $1,000,000 (CLAIMS MADE) MEMBER DEDUCTIBLE: $2,500 PER MEMBER AGGREGATE $1,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 MISCELLANEOUS• • MISC. PROFESSIONAL LIABILITY NPIP25260459 6/5/2025 6/1/2026 PER CLAIM $1,000,000 (CLAIMS MADE) PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $2,500 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE -DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE NPIP COVERAGE AGREEMENT PROVISIONS. Non Profit Insurance Program 2025-2026 Page 1 Issue Date 6/6/2025 Cert #:0000049915 Regarding the Contract No. 25-075. City of Spokane Valley, its agents, representatives, employees, or subcontractors are named as Additional Covered Parties as respects General Liability regarding this contract only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement is attached. HOLDERCERTIFICATE • • REPRESENTATIVE Attn: City Clerk Mard Patterson City of Spokane Valley �iv��/yam`/�/�/✓iA 10210 East Sprague Ave Spokane Valley, WA 99206 Non Profit Insurance Program 2025-2026 Page 2 Coverage#: NPIP25260459 Cert #:0000049915 Effective Date: 6/5/2025 Issue Date 6/6/2025 ADDITIONAL COVERED PARTY AMENDMENT — DESIGNATED PERSON OR ORGANIZATION 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): City of Spokane Valley 10210 East Sprague Ave Spokane Valley, WA 99206 Description of Activities / Operations / Designated Premises: Regarding the Contract No. 25-075. City of Spokane Valley, its agents, representatives, employees, or subcontractors are named as Additional Covered Parties as respects General Liability regarding this contract only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement is attached. With respect to coverage under the General Liability Coverage Part: A. The Definition of Covered Party in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of this Coverage Agreement is amended to add as a Covered Party the person or organization shown in the above Declarations with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Covered Party in your Coverage Agreement. Such person or organization is a Covered Party only with respect to their liability assumed by you that would be otherwise imposed by law in the absence of any contract or agreement relating to or arising out of the specified activity(ies) or operations described in the above Declarations. However, this coverage only applies 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. The following provisions also apply (1) The written contract or written agreement must be in effect at the inception of the Coverage Period or become effective during the Coverage Period; and (2) The written contract or written agreement must be executed prior to the Bodily Injury or Property Damage. Subject to the paragraphs above, any such person's or organization's status as an additional Covered Party ends when any of the following first occurs: (1) This Coverage Agreement terminates; Non Profit Insurance Program 2025-2026 Page 3 (2) The written contract or written agreement terminates; or (3) The specified activity(ies) or operations described in the above Declarations terminate. B. The following is added to Condition D. Other Insurance in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of the Coverage Agreement, and supersedes any provision to the contrary: For the additional Covered Party under your Coverage Agreement shown in the above schedule, and subject to Paragraph A. above, this coverage is primary to and will not seek contribution from any other insurance available to such additional Covered Party provided that: (1) The additional Covered Party is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this Coverage would be primary and would not seek contribution from any other insurance available to the additional Covered Party for amounts payable under the coverage provided by this endorsement. C. The Limits of Coverage applicable to the additional Covered Party is the lessor of those limits specified in either the: • Written contract or written agreement; or • Declarations for this Coverage Agreement, In no case will the limits of coverage provided under this General Liability endorsement exceed the limits as required in the contract or agreement, or the limit of liability available under this Coverage Agreement. These Limits of Coverage are part of and not in addition to the Limits of Coverage shown in the Declarations. Except with respect to the Limits of Coverage, and any rights or duties specifically assigned in this Coverage Part to the Covered Member, this coverage applies: a. As if each Covered Member were the only Covered Member; and b. Separately to each Covered Party against whom claim is made or Suit is brought. All other terms and conditions remain unchanged Non Profit Insurance Program 2025-2026 Page 4 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 tJ NU I UUNrtK MUM I a I U I Ht Lot Clear Risk Solutions 159 Basin Street SW PMB #206 Ephrata, WA 98823 JAKT Foundation Crave! Northwest PO Box 85 Newman Lake, WA 99025 THIS IS TO CERTIFY THAT THE COVERAGES LISTED ua: GENERAL LIABILITY: AUTOMOBILE LIABILITY PROPERTY CRIME NPIP / Munich Re. et al. NPIP / Munich Re. et al. NPIP / Munich Re. et al. NPIP / Munich Re. et al. WRONGFUL ACT LIABILITY NPIP / Munich Re. et al. MISCELLANEOUS NPIP / Munich Re. et al. PROFESSIONAL LIABILITY ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INUIC A I LU, NU I WI I HS IANDING 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, EXCLUSIONS. AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHnWN RR nw MAY HAVE RFGN Rpm InFn RY Pain ri AIRAS LINE OF •VERAGE COVERAGE NUMBER EFF DATE EXP DATE DESCRIPTION GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NPIP25260469 6/5/2025 6/1/2026 PER OCCURRENCE $2,000,000 (OCCURRENCE FORM) INCLUDES STOP GAP — EMPLOYERS LIABILITY PER MEMBER AGGREGATE $4,000,000 PRODUCT-COMP/OP $2,000,000 MEMBER DEDUCTIBLE: $1,000 PERSONAL & ADV. INJURY $2,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE COMMERCIAL AUTOMOBILE LIAB. NPIP25260459 6/6/2025 6/1/2026 COMBINED SINGLE LIMIT $1,000,000 (ANY AUTO) (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY COMMERCIAL PROPERTY NPIP25260469 6/6/2026 6/1/2026 ALL RISK PER OCC EXCL EQ & FL $100,000,000 EARTHQUAKE PER OCC Excluded EQ AND FLOOD COVERAGE MAY BE EXCLUDED FOR INDIVIDUAL LOCATIONS FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE COMMERCIAL CRIME NPIP26260459 6/5/2026 611/2026 PER OCCURRENCE $1,000,000 INCLUDES EMPLOYEE THEFT/DISHONESTY & ERISA COVERAGE PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $1,000 (CRIME IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 WRONGFUL• is • WRONGFUL ACT LIABILTIY NPIP25260469 6/5/2025 6/1/2026 PER CLAIM $1,000,000 (CLAIMS MADE) MEMBER DEDUCTIBLE: $2,500 PER MEMBER AGGREGATE $1,000,000 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 MISCELLANEOUS-• • MISC. PROFESSIONAL LIABILITY NPIP25260459 6/5/2025 6/1/2026 PER CLAIM $1,000,0o0 (CLAIMS MADE) PER MEMBER AGGREGATE $1,000,000 MEMBER DEDUCTIBLE: $2,500 (LIABILITY IS SUBJECT TO A $500,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE -DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE NPIP COVERAGE AGREEMENT PROVISIONS. Non Profit Insurance Program 2025-2026 Page 1 Issue uate blblZUL6 Cent #:0000049916 Regarding the $50,000 Grant funds for Project CRAVE! listed in Contract No. 25-007.00. City of Spokane Valley its agents, representatives, employees, or subcontractors are named as Additional Covered Parties as respects General Liability regarding this grant funding only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement is attached. HOLDERCERTIFICATE • Attn: Finance Manager Sarah Farr City of Spokane Valley 10210 East Sprague Ave Spokane Valley, WA 99206 Non Profit Insurance Program 2025-2026 Page 2 Coverage#: NPIP25260459 Cert #:0000049916 Effective Date: 6/5/2025 Issue Date 6/6/2025 ADDITIONAL COVERED PARTY AMENDMENT - DESIGNATED PERSON OR ORGANIZATION 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): City of Spokane Valley 10210 East Sprague Ave Spokane Valley, WA 99206 Description of Activities / Operations / Designated Premises: Regarding the $50,000 Grant funds for Project CRAVE! listed in Contract No. 25-007.00. City of Spokane Valley its agents, representatives, employees, or subcontractors are named as Additional Covered Parties as respects General Liability regarding this grant funding only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement is attached. With respect to coverage under the General Liability Coverage Part A. The Definition of Covered Party in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of this Coverage Agreement is amended to add as a Covered Party the person or organization shown in the above Declarations with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Covered Party in your Coverage Agreement. Such person or organization is a Covered Party only with respect to their liability assumed by you that would be otherwise imposed by law in the absence of any contract or agreement relating to or arising out of the specified activity(ies) or operations described in the above Declarations. However, this coverage only applies 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. The following provisions also apply (1) The written contract or written agreement must be in effect at the inception of the Coverage Period or become effective during the Coverage Period; and (2) The written contract or written agreement must be executed prior to the Bodily Injury or Property Damage. Subject to the paragraphs above, any such person's or organization's status as an additional Covered Party ends when any of the following first occurs: Non Profit Insurance Program 2025-2026 Page 3 (1) This Coverage Agreement terminates; (2) The written contract or written agreement terminates; or (3) The specified activity(ies) or operations described in the above Declarations terminate. B. The following is added to Condition D. Other Insurance in the LIABILITY COVERAGES — COMMON CONDITIONS, DEFINITIONS AND EXCLUSIONS section of the Coverage Agreement, and supersedes any provision to the contrary: For the additional Covered Parry under your Coverage Agreement shown in the above schedule, and subject to Paragraph A. above, this coverage is primary to and will not seek contribution from any other insurance available to such additional Covered Parry provided that: (1) The additional Covered Party is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this Coverage would be primary and would not seek contribution from any other insurance available to the additional Covered Party for amounts payable under the coverage provided by this endorsement. C. The Limits of Coverage applicable to the additional Covered Party is the lessor of those limits specified in either the: • Written contract or written agreement; or • Declarations for this Coverage Agreement, In no case will the limits of coverage provided under this General Liability endorsement exceed the limits as required in the contract or agreement, or the limit of liability available under this Coverage Agreement. These Limits of Coverage are part of and not in addition to the Limits of Coverage shown in the Declarations. Except with respect to the Limits of Coverage, and any rights or duties specifically assigned in this Coverage Part to the Covered Member, this coverage applies: a. As if each Covered Member were the only Covered Member; and b. Separately to each Covered Parry against whom claim is made or Suit is brought. All other terms and conditions remain unchanged Non Profit Insurance Program 2025-2026 Page 4