07-035.00 Gibbs Planning Group: Sprague Appleway Revitalization Subarea PlanAGREEMENT FOR PROFESSIONAL SERVICES
Gibbs Planning Group hoc - fsS 5-be-A,
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Gibbs Planning Group, hereinafter "Consultant," jointly referred to as
"parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
I . Work to Be Performed. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services.
A. Administration. The City Manager or designee shall administer and be the primary
contact for Consultant. Prior to commencement of work, Consultant 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, Consultant 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. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses thc 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 written consent of the City.
Consultant shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
C. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the City without additional compensation.
2. 'Perm of Contract. This agreement shall be in full force and effect upon execution and shall
remain in effect until completion of all contractual requirements.
Either party may terminate this agreement by ten (10) days written notice to the other party. In
the event of such termination, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant on a time and materials basis in
accordance with the attached fee schedule as full compensation for everything done under this agreement, not
to exceed $7,500 for work directed by the City.
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City.
Agreement for Professional Services
City Center Master flan Evaluation Page I of 5
11' C07 -35 _
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City
Standards, City ordinances and federal or state standards.
Notice. Notice shall be given in writing as follows:
TO THIJ CITY:
TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: Robert J. Gibbs 61 iab L Q 2ar+�►•�j G �`P l fit.
Phone Number: (509)92 1 -1000 Phone Number: (248) 642 -4800
Address: 11707 East Sprague Ave, Suite 106 Address: 330 East Maple Street, No. 310
Spokane Valley, WA 99206 Birmingham.. MT 48009
. 6. Applicable Laws and StandaMs. The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be
an independent Consultant and not the agent or employee of the City, that the 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 the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant
shall be solely responsible for the conduct and actions of all employees under this agreement and any liability
that may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
9. 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 the Consultant's records with respect to all
matters covered in this contract. 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 contract for a period of three years from the date final payment is made hereunder.
10. Insurance. The Consultant 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 the Consultant, its agents, representatives, or employees.
No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
I. Automobile Liability insurance covering all owned, non- owned, hired and
Agreement for Professional Services
City Ccntcr Master Plan Evaluation Page 2 of 5
leased vehicles. Coverage shall be written on insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on a form
containing equal or greater coverage to ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. The City shall be named as an insured under
the Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of insurance. Consultant shall maintain the following insurance
limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with Limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
1. The Consultant's insurance coverage for General Liability shall be primary
insurance as respect the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's insurance and
shall not contribute with it.
2. The Consultant agrees not to cancel or allow to be cancelled any insurance
without first providing the City thirty (30) days prior written notice by certified mail,
return receipt requested. The Consultant agrees to avoid a lapse in insurance coverage
by replacing any cancelled insurance with insurance of equal or greater coverage.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:Vil.
F. Verification of Coverage. Consultant 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 Consultant
Agreement for Professional Services
City Center Master Plan Evaluation Page 3 of 5
before commencement of the work.
F. Evidence of Coverage. As evidence of the insurance coverage required by this
contract, the Consultant shall furnish acceptable insurance certificates to the City within 10
days of a fully executed contract, The certificate shall specify all of the parties who are
additional insured, and will include applicable policy endorsements, the thirty (30) day
cancellation clause, 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 the City. The Consultant shall be financially responsible for all pertinent
deductibles, self - insured retentions, and/or self - insurance.
11. Indemnification and Hold Harmless. Each party shall defend, indemnify and hold the other,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or
suits including attorney fees, arising out of or resulting from any negligent acts, errors or omissions on the part
of said party or its agents, employees or volunteers in performance of this agreement.
12. Waiver. No officer, employee, agent or other individual acting on behalf ofeither party has
the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be 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.
13. Assignment and Delegation. Neither party shall assign, transferor delegate any or all of the
responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the City.
15. Confidentiality. Consultant may, from time to time, receive information which is deemed by
the City to be confidential. Consultant shall not disclose such information without the express written consent
of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement,
the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not
exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
bchvicen the parties and supercedes any prior oral or written agreements. This agreement may not be changed,
modified or altered except in writing signed by the parties hereto.
Agreement for Professional Services
City Center Mastcr Plan Evaluation Page 4 of 5
19. Anti- kickback. No officer or employee of the 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.
20. Business Registration. Prior to commencement of work under this agreement, Consultant
shall register with the City as a business.
21. 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.
22. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of Services (includes fee schedule)
2. Insurance Certificates
IN WITNESS WHEREOF, the parties have executed this agreement this 8 day of
2007.
CITY OF SPOKANE VALLEY: Consultant: n3G
David Mercier, Manager Robert J. Gibbs, President
Tax ID No REDACTED
ATTEST:
6I,� -4-1
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office of the i tt
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for Professional Services
City Center Master Plan Evaluation Page 5 of 5
The City of Spokane Valley
City Center Market Evaluation
SCOPE OF SERVICES
Project Overview
The City of Spokane Valley (City) is developing a subarea plan and development
regulations to establish a framework for revitalizing the Sprague/Appleway corridor. A
priority for the City is to locate, plan and develop a City Center in the vicinity of Sprague
Avenue and University Road. This project requires consulting services to assist the City
in evaluating the viability of a mixed -use City Center.
Scope of Services
Task One: City Center Site Plan Review
Gibbs Planning Group, Inc (GPG) will review the City's research and planning
documents produced to date for the Sprague /Appleway Corridor Revitalization Plan and
the proposed City Center. As a part of this review, GPG shall provide a written review of
the strengths and weaknesses of,the City Center site and how the market would likely
respond. GPG will participate in conference calls with City staff and other City
consultants to discuss findings.
Task Two: Preliminary Market Study
GPG will prepare a preliminary market study for the proposed City Center based on the
estimated trade boundary. The study will indicate the amount of surplus and leakage of
retail spending by business type, including restaurants, grocery stores, apparel, etc.
Budget
The budget for services described will be based on the following rates for time and
materials.
Principal: $250/hr
Associate: $110 /hr
Printing and Copies: Direct Cost
Travel: Automobile mileage at current IRS rate
Air travel/hotel at actual expense
The City will reimburse GPG for actual expenses incurred in the delivery of services
under this contract. Any expenses to be reimbursed by the City must be approved in
writing by the City before the expense is incurred, unless for printing /copies and travel
expenses. Total cost for this contract will not exceed $7,500.
Project Duration
Tasks under this scope of services shall be completed by June 15, 2007, unless
extended by mutual agreement.
y�1
Attachment A May 11, 2007
■ a ■■)n Your Side
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NSC2 5/22/2007 8:08:36 AM
lip,
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On' Year :Side'
Attn:
Chriatine Bainbridgo
TO:
Fax:
1- S09.921 -1008
From:
Kelly Bunn
Pages:
03
Date:
Tuesday, May 22. 2007 8:08:28 APn
MOTES:
Attn: Christine Bainbridge
Here is a certificate of liability for Robert Gibbs Planning Grou(i
Inc.
Thank you and have a great day,
Kelly Bunn
PAGE_ 1/003 Fax Server
Commensal Lines Service Contor
CO)VIDENTIALITY NOTICE: This facsimile is intended for the use of the person to whom It Is addressed and contains Information that is confidential, the disdosure of
which is governed by applicable law and which, under conain circumstances, may also be privileged. If the reador of this facsimile is not the intended recipient, or the
employee or agent responsible to deliver is to the intended redpieny you are hereby notiTied drat any dissentirudon, distribution or copying of this Informmion is STRICTLY
PROMISITI D, If you have recelvod thfs message in error, plomo notify the sender Immediately slid desuoy the facsimile. Rece'tla by anyono other than the intended
rocipiom(s) is ilea a walver 01 any attomeydaent or other privileges.
On Your Side NSC2 5/22/2007 8:08:36 AM
PAGE 2/003 Fax Server
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
05/21/2007 ' �"Y'
PRODUCER
James Robert Floss AGENCY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CER'T'IFICATE
2226 S MILFORD RO
HIGHLAND IIMI 48337 -4932
HOLDER. THIS CER'rIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POUCYEXPIAATION
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INSURERS AFFORDING COVERAGE
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240 M.AJ9TIN ST
BIRMINGHAM MI 48009 -3382
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOrNFFHSTAN DING
ANY REOUIREMENT, TERIA 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN SEDUCED BY PAID CLAUAS.
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DESCPIPTION OF OPERATIONS; LOCATIONS I VEHICLES JEXCL.0 SON S ADDED BY EIIDORSEItGNT1 SPECIAL PROVlStONS
The City of Spokane Valley is a certificate holder for the above listed policy-
"I IV11.MIU rIVLIJCM VANL:tLLAIIVN
The City of Spokane Valley SHOULD ANY OP THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORETHEEXPIPATIO .V
DATI; TKEPEOF. THE ISSUING INSUP P WILL ENDEAVOR TO MAR 30 DAYS WPITTEN
11707 E. Sprague Ave Ste 106 N0110E TO THE CERTIFICATE HOLDER NAIAED TO THE LIST. BUT KAILUR= TO DO SO SHALL
Spokane Valley WA 99206 RIPOSE NO OBLIGATION OR UADILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Kelly Bunn
AGVHU ZO (ZVUIIUO) 0 ACORD CORPORATION 1988
On Your Side NSC2 5/22/2007 8:08:36 AM PACE 3/003 Fax Server
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
It 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).
DISCLAIMER
The Cert'rficate of Insurance on the reverse side of this form does not consthute a contract between
the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Pwvrnu co tzuuuuaj
A CORD -IFICA
DATE (MWDDNYYY)
r.. CER- I � E OF LIABILITY INSURA96
03121/2008
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JaMeS Robert Ross AGENCY
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2823 E HIGHLAND STE 105
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
HIGHLAND MI 48356
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GENERALLIABILTIY
COMJ,IECIAL GENERAL UABIL17Y
CLAIMSAIADE FK OCCUR
INSURERS AFFORDING COVERAGE
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INSURl RA; NATIONWIDE MUTUAL INSURANCE COMPANY
23787
ROBERT GIBBS PLANNING GROUP INC
INSURER 9;
$ 5,000
240 MARTIN ST
INSURER C;
BIRMINGHAM MI 48009 -3382
INSURERO:
INSURER Ee
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COVERAGES
TFIE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATION'51 LOCATIONS I VEKICILES I EXCLUSIONS ADDED BY ENDOR SEMENT J SPECIAL PROVISIONS
City of Spokane Valley is a certificate holder for the above listed policy.
I,CK 1 Ir'IL.A 1 C RULUCK L.AIVL.CLL.A I IUN
City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRRTEN
11707 E Sprague Ave, Ste 106 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Spokane Valley WA 99206 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
Casey Doepp
ACORD 25 (2001108)
IDACORD CORPORATION 1988
7-55'
IMPORTANT
If the cortif ate holder is on AQQITIQNAL IN$LIRED, the policy(ies) must ba andorsed. A statamant
on this certificate does not confer rights to the Certificate holder in iiau of such eridor5ement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require are endorsement- A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)-
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer, and the certificate holder, nur does it
affirmatively or negatively amend, extend or alter the coveragE afforded by the policies listed thereon -
ACORD 25 (2001 M8)
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ACORD,U RANCE osrzaro�
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, 'EXTEND OR
2301 W. 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
COMPANIES AFFORDING COVERAGE
Oak,Brook, IL 60523 COMPANY
A New Hampshire Insurance Company
INSURED.
CON(P.ANY
Gibbs Planning Group, Inc.
B
COMPANY
c
330 E. Maple Street
#310
COMPANY
Birmingham, MI 48009
D
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THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE NAY 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 AQAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY
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COIdPREHENSNE FORId
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PERSONAL INJURY AGO
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PERSONAL INJURY ,
AUTOMOBILE LIABILITY
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BODILY INJURY • •
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ALL OWNED AUTOS
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DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESISPECIAL ITEMS
Re: Sprague /Appleway Corridor Retail Consulting
HOLDER CERTIFICATE
The City of Spokane Valley
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Attn: Christine Bainbridge
EXPIRATION DATE THEREOF, THE ISSUING C0MPANYWILL ENDEAVOR TO MAIL
11707 East Sprague Avenue
:A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NO..IED TO THE LEFT,
BUT FAIIURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
Suite 106
ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESEWATWES.
Spokane Valley, WA 99206
AUTHORIZED REPRESENTATNE
G • C�1C.Lc��t LEATZOW INSURANCE
@ ACORD CORPORATION