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12-104.00 Coeur d'Alene Tribe of Indians Telecommunications FranchiseCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 12 -017 AN ORDINANCE OF THE CITY OF SPOKANE 'VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO THE COEUR WALENE TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTE RS. .RELATING THERE, TO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water; sewer and other private and publicly owned and operated facilities for public service; " and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, not- at any other than a regular meeting nor without first being submitted to the city attorney, nor wvitlrout having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the lrcalth, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. 2. `tconstructio r" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading„ renewing, removing, replacing, and repairing a facility. 3. "day" shall mean a 24 -hour period beginning at 1.2:01 AM. if a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. 5. "hazardous substances" shall have the same meaning as RCW 70.105DA20(10). Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page I of 13 ok I�_-)o CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 12 -017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO THE COEUR D'ALENE TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; " and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" means the City Manager or designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "clay" shall mean a 24 -hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. 5. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 1 of l 3 6. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and /or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 7. "permiec" shall mean a person or entity who has been granted a permit by the Permitting Authority. S. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights -of- way. 9. "product" shall refer to the item, thing or use provided by the Grantee. 10. "public property" shall mean any real estate or any facility owned by the City. 11. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. 12. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or adininistered by the City. 13. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. 14. "telcconununications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with erossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telcconirnunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington inimicipal corporation (hereinafter the "City"), hereby grants unto the Coeur d'Alene Tribe of Indians (Hereinafter "Grantee "), a Franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights -of -way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise "). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 2 of 13 Section 3. Fee. No right -of -way use fee is imposed for the term of this franchise. Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. 1. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal use or designation (the "City Reserved Fibers "). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. 2. The City shall have the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits. The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate ") unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply; A. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. B. If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. 3. The City shall pay all costs associated with constructing any connection to the City Reserved Fibers, The City Reserved Fibers shall have a term that matches the duration of this Franchise Ordinance ( "Reserved Fiber Term "), 4. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights -of -way, the Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal purposes. A. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. B. This section shall not affect the provision of an institutional network by a cable television provider under federal law. C. Grantee shall notify the Public Works Director at least 14 days prior to opening trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 3 of 13 under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or tinder City Code. Section 6. Non - Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights- of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights -of -way or affect its jurisdiction over them or any part of them.. Section 7. Non - Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of- way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 3599.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights -of -way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling tine City's public trustee role in administering the primary use and purpose of public properties, and not for relieving tine Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other fi•anchisces and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 4 of 13 Section 10. Tree Trimming, The Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights -of -way subject to compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and expense. Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24 -hour on -call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses, Section 12. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes, Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights -of -way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right —of -way for the purpose of moving any building or other oversized structure, Grantee, upon 14 days' written notice frorn the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights -of -way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right- of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 5 of 13 public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local Iaws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights --of -way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's right -of -way. Section 18. Environmental, Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee frilly to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and /or remove any pollution Caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, the City shall: a) At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights -of -way in order to accommodate such improvement project. C) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City so as to accommodate the improvement project in accordance with RCW 35.99.060 (2)• Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. Tire City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 6 of 13 telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, ernployecs and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No telecommunications facilities constructed or owned by Grantee may be abandoned without the express written consent of the City. Section 21. Mans and Records Required. Grantee shall provide the City, at no cost to the City: 1. A routc map that depicts the general location of the Grantee's telecommunications facilities placed in the rights -of -way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic format of the aerial/underground telecommunications facilities in relation to the right -of -way centerline reference to allow the City to add this information to the City's Geographic Information System ( "GIS ") program. The information in this subsection shall be delivered to the City by December 1, annually. 2. In addition to subsection 1 of this section, the City may request that Grantee to provide the information described in subsection 1 of this section. To the extent such requests are limited to specific telecommunications facilities at a given location within the franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecominunications facilities in order to facilitate design and planning of City improvement projects. 3. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to the City by December 1, annually. 4. In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to infoimatioin required for Grantee's engineering needs for construction or maintenance of telecommmnications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. 5. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 7 of 13 Grantee shall mark as "PROPRIETARY /CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY /CONFIDENTIAL" prior to allowing any inspection and /or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non - disclosure of the requested docurnentation/information. In the event the City disagrees with the Grantee's basis for non - disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportmity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then - adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the teleconmunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this fi-anchise, City Code shall control. Section 26. Vacation. The City may vacate any City road, right -of -way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days notice as provided for in section 37. Section 27. Indemnification. 1. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury; a) For which the negligent acts or omissions of grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 8 of 13 b) By virtue of grantee's exercise of the rights granted herein; C) By virtue of the City permitting grantee's use of the City's rights-of-ways or other public property; d) Based upon the City's inspection or lack of inspection of work performed by grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; e) Arising as a result of the negligent acts or omissions of grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right -of -way, or other public place in performance of work or services permitted under a franchise; or f) Based upon radio frequency emissions or radiation emitted from grantee's equipment located upon the facility, regardless of whether grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto, 2, Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by grantee's own employees and the employees of grantee's agents, representatives, contractors and subcontractors even though grantee might be immune tinder RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of grantee's exercise of the rights set forth in a franchise. The obligations of grantee under this subsection have been mutually negotiated by the parties, and grantee acknowledges that the City would not enter into a franchise without grantee's waiver. To the extent required to provide this indemnification and this indemnification only, grantee waives its immunity under RCW Title 51. 3. Inspection or acceptance by the City of any work performed by grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. 4. In the event that grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. 5. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. hr the event that a court of competent jurisdiction Ordinance 12 -0 17 Coeur d'Alene Tribe Franchise Page 9 of 13 determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. 6. Notwithstanding any other provisions of this section, grantee assumes the risk of damage to its telecommunication facilities located in the rights -of -way and upon City - owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of grantee's facilities as the result of any interruption of service due to damage or destruction of grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. 7. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non - owned, hired or leased vehicles used in relation to this franchise. 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; and 2. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be a named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions- Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with Iimits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; productslconrpleted operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance with respect to the City as Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 10 of 13 outlined in the Indemnification section of this franchise. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after thirty (30) days prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed twenty -five thousand dollars, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise, In the event Grantee proposes to construct a project for which the above - mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification, The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non - compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or othei-%vise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page I 1 of 13 thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Grantee: Coeur d'Alene Tribe of Indians Attn: IT Director 850 A Street Plummer, ID 83851 Phone: (208) 659 -4578 Facsimile: (208) 686 -5059 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights tinder this franchise by reason of such failure or neglect. Section 40. Entire Agreement.. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page l2 of 13 written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in fall force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this 10'h day of July, 2012. AT ES hristnle Bainbridge, 6ity Clerk Approved as tgTorrn: 1 IF ' Office f he City oiey Date of Publication: 2-x1 Effective Date: 2 -,52 :!C dl l Accepted by Coeur d'Alene Tribe of Indians: By: t 1ayy'oL,,T1onias E. Towey The Grantee, Coeur d'Alene Tribe of Indians, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, _ �� 4f _-�, A < <, has signed this ' day of 2012. Subscribed and sworn before me this day of _ l , 2012. Notary Public in and for the State of residing in _6 —• 1-- My commission expires ``411111111!! tr��A 0 Ordinance 12 -017 Coeur d'Alene Tribe Franchise Page 13 of t3 ACORQ CERTIFICATE OF LIABILITY INSURANCE oaTE IM MmomrY) 47/17/2012 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 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 endorsernent(s). PRODUCER Moloney, O'Neill, Corkery &Jones, Inc. 7954 Meadowlark Way, #A Coeur d'Alene, ID 83815 NAME: CPCU, AMIM, Debbie Johnston JAIL Ii E,,,,: 208.292.1751 FAX, Ne :509. 325.1803 ADDRESS: djohnston @mo- ins.coni IN SURER(S) AFFORDING COVERAGE NMCN INSURER A: Travelers Indemnity Company X INSURED Coeur d' Alene Tribe P 0 BOX 408 850 A Street Plummer, ID 83851 -0408 INSURER B: 10/0112011 INSURER C: EACH OCCURRENCE INSURER D: PREMISES (Ea occurrence) INSURER E: MEO EXP (Anyone person) INSURER F: PERSONAL BADV INJURY COVERAGES CERTIFICATE NUMBER: 11 12 GL Auto 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. LTR TYPE OF INSURANCE INSR wVb POLICY NUMBER POLICY M1DD EFF MM IDD P LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X GP06302443 10/0112011 10/01/2012 EACH OCCURRENCE S 1,000,000 PREMISES (Ea occurrence) $ 100,00( MEO EXP (Anyone person) $ EXcl ude PERSONAL BADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GENL AGGREGATE LIMIT APPLIES PER - POLICY PRO LOG JECT PRODUCTS - COMPIOP AGG $ 2,000,00( A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAVTOS Ix NON -OWNED AUTOS 810915BP604 10/01/2011 10101/2012 Eaaccidenl S 11000,000 BODILYINJURY(Perperson) S Ix BODILYINJURY(Peraccldenl) S PROPERTY o E (Per acadent; S S UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS- l.IADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERIEXECUTI YIN OFFICERIMEMBER EXCLUDED? iMandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS he!o.v NIA T T - T - TORY LI ?/ITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addidonal Remarks Schedule, If more space Is requlred) Certificate holder is named as additional insured under the General Liability per attached arm C0496 0509 as respects Franch Agreement with the City of Spokane Valley, WA. ancellation terms are outlined per attached ILTO01 0107,. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spqkane 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 �P ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD —"""."41 COEUDAL-11 DJOHNSTON A+e©RE)- DATE(MM/DDIYYYY) ,- CERTIFICATE OF LIABILITY INSURANCE 1 2/27/2013 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 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). I PRODUCER NAMEACT Debbie Johnston,CPCU,ARM,CIWCS 1 Moloney,O'Neill,Corkery&Jones Inc PHONE 509 325-3024 FAX No;(509)325-1803 1818 W Riverside#800 (A/C,No,Ext):( ) ( ) ) Spokane,WA 99201 ADDRESS:djohnston @mo-ins.com INSURER(S)AFFORDING COVERAGE i NAIC# INSURER A:Travelers Prop Cas Ins Co 36161 INSURED INSURER B:Travelers Indemnity Co of CT Coeur d'Alene Tribe INSURER C: I P O Box 408 I 850 A Street INSURER D: T I Plummer,ID 83851-0408 • INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I 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 JJNSR SUBR POLICY NUMBER POLICY EFF POLICY EXP 1 (MOLIC YEFF (POLIC YYYY) LIMITS I GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 1 A X COMMERCIAL GENERAL LIABILITY X 11S07303 10/1/2012 10/1/2013 `DAMAG-10 NEN I ED PREMISES(Ea occurrence) $-_ 100,0001 CLAIMS-MADE X OCCUR MED EXP(Any one person) I$ Excluded 1 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE I$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG I$ 2,000,0001 I I 1 X 1 POLICY 'PRO-JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) I$ B X ANY AUTO H8109158P604TCT12 10/1/2012 10/1/2013 BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident)I$ ;AUTOS I NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS ',1 X AUTOS (PER ACCIDENT) _y L- I - I$ I UMBRELLA LIAB OCCUR EACH OCCURRENCE I$ t�J EXCESS LIAB CLAIMS-MADE AGGREGATE I$ _ DED i f RETENTION$ 1$ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N I TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1$ 'OFFICER/MEMBER EXCLUDED? �I N/A I(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE!$ ' If yes,describe under I ! DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT I$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 1Certificate holder is named as additional insured under the General Liability per attached form CGD496 0509 as respects Franchise Agreement with the City of (Spokane Valley,WA. Cancellation terms are outlined per attached ILT001 0107. 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 ty P y ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Ste 106 Spokane Valley,WA 99206 — -- — AUTHORIZED REPRESENTATIVE , ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Cold-IDLi COEUDAL-11 DJOHNSTON • .4 COREY DATE(MM/DD/YYYV) CERTIFICATE OF LIABILITY INSURANCE 10/2/2013 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 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 Debbie Johnston,CPCU,ARM,CIWCS NAME: Moloney,O'Neill,Corkery&Jones Inc PHONE 509 325-3024 104 FAX 509 325-1803 818 W Riverside#800 (A/c,No.Ext):( ) (A/C,No): ) Spokane,WA 99201 ADDRESS:djohnston@mo-ins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Prop Cas Ins Co 36161 INSURED :Travelers Indemnity Co of CT L _Coeur d'.Alene Tribe ) INSURER C: P 0 Box 408 850 A Street INSURER D: Plummer,ID 83851-0408 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 POLICY NUMBER (MM INSR WVD LTR INSR WVD (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ZLP11S07303 10/1/2013 10/1/2014 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY n jr a: n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) B X ANY AUTO H8109158P604TCT13 10/1/2013 10/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS — X HIRED AUTOS X NON-0WNED PROPERTY rr accident) $ AUTOS ( ) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION I TORY LIMITS I I ER AND EMPLOYERS'LIABILITY • ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N/A (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) - - 7 Certificate holder is-named as additional insured under the General Liability per attached form CGD496 0509-as respects Franchise Agreement with the City of Spokane Valley,WA. Cancellation terms are outlined per attached ILT001 0107. 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 tY P y ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Ste 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 12-1 CL-( ci in in 0 {;vMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIAN TRIBES XTEND ENDORSEMENT r g This endorsement modifies insurance provided under the following: '- COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described In any of the provisions of this a endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the, extent that coverage is excluded s or limited by such an endorsement. The following listing is a general coverage description • only. Limitations and exclusions may apply to these coverages. Read all the :provisions of in v. this endorsement and the rest of your policy carefully to determine. rights, duties, and what m is and is not covered. v A. Reasonable Force Property Damage - J. Blanket Additional Insured - Lessors Of N Exception To Expected Or Intended Injury Leased Equipment o Exclusion K. Blanket Additional Insured - Persons Or a B. Non-Owned Watercraft 50 Feet Long Or Organizations For Your Ongoing Opera- 0 Less tions As Required By Written Contract cv ° C. Owned Watercraft Less Than 25 Feet Or Agreement o L Who Is An Insured - Liability For Con- ' D. Aircraft Chartered With Pilot duct Of Unnamed Partnerships, Joint * E. Damage To Premises Rented To You Ventures Or Limited Liability Companies F. Increased Supplementary Payments M. Good Samaritan Services Coverage - Amendment of Occurrence Definition and G. Who Is An Insured - Indian Tribes, Each Occurrence Limit Elected Or Appointed Officials, And N. Contractual Liabilit Railroads mom Members Of Your Boards y - amsiat - =ma H. Who Is An Insured - Employees And O. Knowledge And Notice Of Occurrence mom Volunteer Workers Or Offense elilli 1. Blanket Additional Insured - Owners, P. Unintentional Omission IEEM Managers Or Lessors Of Premises n. Blanket Waiver Of Subrogation ISM immum MEM PROVISIONS B. NON-OWNED WATERCRAFT 50 FEET LONG mem A. REASONABLE FORCE PROPERTY DAMAGE - OR LESS 'I CEEB EXCEPTION TO EXPECTED OR INTENDED IN 1. The following replaces Paragraph (2) JURY EXCLUSION of Exclusion g., Aircraft, Auto Or Wa- nes= � The following replaces Exclusion a, Ex- tercraft, in Paragraph 2. of SECTION IINE■ pected Or Intended Injury, in Paragraph 2., - COVERAGES - COVERAGE A BODILY MEM of SECTION I - COVERAGES - COVERAGE A INJURY AND PROPERTY DAMAGE LIABIL- Mil BODILY INJURY AND PROPERTY DAMAGE LI- ITY: Mi ABILITY: (2) A watercraft you do not own that HEMS .EMU a Expected Or Intended Injury Or Damage is: sominii "Bodily injury" or "property damage"BEEN {a) Fifty feet long or less; and expected or intended from the stand- (b) Not being used to carry any point of the insured. This exclusion person or property for a does not apply to "bodily injury" or charge. "property damage" resulting from the use of reasonable force to protect any person or property. CG D4 90 05 09 © 2009 The Travelers Companies, Inc. Page 1 of 7 Includes copyrighted material of Insurance Services Office. Inc. with its permission. ` ( COMMERCIAL GENERAL LIAR ...1( 2. The following is added to Paragraph SECTION I - COVERAGES - COVERAGE A 2. of SECTION II - WHO IS AN IN- BODILY INJURY AND PROPERTY DAMAGE SURED: LIABILITY: Any person or organization that, with Exclusions c,, ,g. and h., and Para- your express or implied consent. el- graphs 11), (3) and (4) of Exclusion j., ther uses or is responsible for the do not apply to "premises damage". . use of a watercraft that you do not Exclusion f.(1)(11) does not apply to own that Is: "premises di na;ge" caused by fire (1) Fifty feet long or less; and unless Exclusion f._ of Section .I - (2) Not being used to carry any per- Coverage A - Bodily Injury And Prop- . son or property for a charge. erty Damage Liability is replaced by another endorsement to this Coverage C. OWNED,WATERCRAFT,LESS THAN925FEET Part that has Exclusion - All Pollution 1. The following is added to Exclusion Injury Or Damage or Total Pollution g., Aircraft, Auto Or Watercraft, In Exclusion in its title. A separate limit Paragraph 2. of SECTION I - COVER- of Insurance described to "premises grap . AGES - COVERAGE A BODILY INJURY damage" as described in Paragraph 6. AND PROPERTY DAMAGE LIABILITY: of Section III - Limits Of Insurance. 3. The following replaces Paragraph 6. This exclusion does not apply to a of SECTION III - LIMITS OF INSURANCE watercraft you own that Is: (a) Less than 25 feet long; and 6. Subject to 5. above, the Damage To Premises Rented To You Limit (b) Not being used to carry any per- is the most we will pay under son or property for a charge. Coverage A for damages because 2. The following is added to Paragraph of "premises damage" to any one 2. of SECTION II - WHO IS AN IN- premises. SURED: The Damage To Premises Rented Any person or organization that, with To You Limit will be: your express or implied consent, ei- a. The amount shown for the ther uses or is responsible for the Damage To Premises Rented use of a watercraft that you own To You Limit on the Declare- that is: tions of this Coverage Part; or (1) Less than 25 feet long; and b. $100,000 if no amount is (2) Not being used to carry any per- shown for the Damage To Premises Rented To You Limit son or property for a charge. on the Declarations of this D. AIRCRAFT CHARTERED WITH PILOT Coverage Part. The following is added to Exclusion g., 4. The following replaces Paragraph a Aircraft, Auto Or Watercraft, in Paragraph of the definition of "insured con- 2. of SECTION I - COVERAGES - COVERAGE tract" in the DEFINITIONS Section: A BODILY INJURY AND PROPERTY DAMAGE a A contract for a lease of prem- LIABILITY: ises. However, that portion of the This exclusion does not apply to an air- contract for a lease of premises craft that is: that indemnifies any person or (a) Chartered with a pilot to any insured; organization for "premises dam- age" is not an "insured contract"; (b) Not owned by any insured; and 5. The following is added to the DEFINI- (c) Not being used to carry any person TIONS Section: or property for a charge. "Premises damage" means "property E. DAMAGE TO PREMISES RENTED TO YOU damage" to: 1. The first paragraph of the exceptions a. Any premises while rented to you in Exclusion j., Damage To Property, in or temporarily occupied by you Paragraph 2. of SECTION I - COVER- with permission of the owner; or AGES - COVERAGE A BODILY INJURY b. The contents of any premises AND PROPERTY DAMAGE LIABILITY is while such premises is rented to deleted. you, if you rent such premises 2. The following replaces the last pare- for a period of seven or fewer graph of Paragraph 2., Exclusions, of consecutive days. Page 2 of 7 o 2009 The Travelers Companies, Inc. CG D4 96 05 09 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CI s in in 0 WMMERCIAL GENERAL LIABILITY 6 ° 6. The following replaces Paragraph business or to any of your 4.b.(1)(b) of SECTION IV - COMMERCIAL "volunteer workers" while per- GENERAL LIABILITY CONDITIONS: forming duties related to the (b) That is insurance for "premises conduct of your business; damage"; or (2) To the spouse, child, parent, S 7. Paragraph 4.b.(1)(C) of SECTION IV - brother or sister of that "ern- "' COMMERCIAL GENERAL LIABILITY CONDI- as a ployec or "volunteer worker" consequence of Paragraph § TIONS is deleted. a(1) above; § F. INCREASED SUPPLEMENTARY PAYMENTS (3) To any fellow elected or ap- .. '-• 1. The following replaces Paragraph 1.b. pointed official, "executive of- 0 of SUPPLEMENTARY PAYMENTS - COY- facer" or director or fellow ERAGES A AND B of SECTION I - CON- member of "your boards"; 1 [RAGES: (4) To the spouse, child, parent, n b. Up to $2,500 for cost of ball brother or sister of that fellow m bonds required because of acct- off icial, "executive officer", dents or traffic law violations,' director or member as a con- - it arising out of the use of any ve- sequence of Paragraph a(3) v hicle to which the Bodily Injury above; or o Liability Coverage applies. We do (5) For which there is any oblige- a not have to furnish these bonds. tion to share damages with or 4 2. The following replaces Paragraph it repay someone else who must n of SUPPLEMENTARY PAYMENTS - CON- pay damages because of the ° [RAGES A AND B of SECTION I - Coy- injury described In Paragraphs o ERAGES: en (2). (3) or (4) above. d. All reasonable expenses incurred Unless you are in the business or • occupation of providing "profes- by the insured at our request to sional health care services", Para- assist us in the investigation or defense of the claim or "suit", graphs a(l), (2), (3), (4) and (5) including actual loss of earnings above do not apply to bodily In- up to $500 a day because of time jury" arising out of providing or off from work. failing to provide "Good Samara- i ezi� tan services" by any of your Eno a WHO AIL KHAN as(INSURED - INDIAN,. JTRIBES, elected or appointed officials, ELECTED te OR :APPOINTED - OFFICIALS, ` AND "executive officers" or directors, MEMBERS OF YOUR-.BOARDS or any members of "your ammo 1. The following is added to Paragraph MIN boards", other than a nurse or IIIIIII•I n 1. of SECTION II - WHO IS AN IN- doctor. Any such elected or ap- _____ SURED• pointed officials, "executive offs- ' cers" or directors providing or r If you are designated in the Declare- failing to provide "Good Samari- tions as an "Indian tribe", you are an tan services" during their work MIME MIMI insured. Your lawfully elected or ap- hours for you will be deemed to pointed officials, "executive officers" be acting within the scope of NEM or directors are also insureds, but their duties for you Any such MIN= only with respect to their duties as members of "your boards" pro- a� your elected or appointed officials, viding or falling to provide "Good 'executive officers" or directors. Samaritan services during their ® Members of your boards" are also work hours,for "your boards" will insureds, but only with respect to be deemed to be acting within .the. = their duties for you or "your boards", scope of their `duties for you or However, none of these officials, "your boards". MIN "executive officers", directors or b. "Property damage" to property: = members are insureds for: a "Bodily injury" or "personal in- (1) Owned, occupied or used by; jury": (2) Rented to, in the care, custody (1) To you or to any of your or control of, or over which "employees" white in the physical control is being exer- course of his or her employ- cased for any purpose by; ment or performing duties re- you, any of your "employees" or lated to the conduct of your "volunteer workers", or that offi- i CG D4 96 05 09 0 2009 The Travelers Companies, Inc. Page 3 of 7 i Includes copyrighted material of Insurance Services Office, Inc. with its permission. ■ , , i COMMERCIAL GENERAL LIABh..fY i i cial, "executive officer", director related to the conduct of your I or member. business. 2. The following replaces the first sen- 2. The following Is added to Paragraph tence of Paragraph 1.d of SECTION II 2.a.(1) of SECTION II - WHO IS AN IN- - WHO IS AN INSURED: SURER: An organization other than an "Indian Unless you are in the business or tribe", partnership, joint venture or occupation of :providing "professional limited liability company, you are an health ;care services", Paragraphs insured. (1I(Wr ), {b ,(c) and (d) :above do not ap- 3. The following is added to the DEFINI- ply to "bodily injury" arising out of TIONS Section providing or failing to provide "Good Samaritan services" by any of your Good Samaritan services.. means "employees" "volunteer workers", employees or volunteer riv©rkers any emergency medical services for other than an employed or volunteer which no compensation is demanded -nurse or doctor. Any such "employ- or received. ees" or "volunteer workers" provid- "Indian tribe" means a tribe, band, ing or failing; to provide "Good pueblo, village or community of Samaritan services" during their work American Indians, or Alaska Natives, hours for you will be deemed to be that has been recognized as an Indian acting within the scope of their em- tribe by the government of: ployment by you or performing du- ties related to the conduct of your a. The United States of America; or business. b. Any state in the United States of I. BLANKET ADDITIONAL�'w INSURED °OWNERS, America. MANAGERS,OR-LESSORS OF PREMISES'^ "Your boards": The following is added to SECTION II — a. Means any board, commission, or WHO IS AN INSURED: . other governmental unit or de- Any person or organization that is a partment that premises owner, manager or lessor is an (1) Is under your jurisdiction; and insured, but only with respect to liability • (2) Is funded and operated as part arising out of` the ownership, mainte- of your total operating budget. hence or use of that; part of any prem- ises leased or loaned to you b. Does not include any "joint pow- ers authority". The insurance provided to such premises owner, manager or lessor does not ap- "Joint powers authority" means any ply to: organization formed by an "Indian a. Any "bodily injury" or "property tribe" and one or more public anti- damage" caused by an "occurrence" ties, or by two or more "Indian „ that takes place, or "personal injury tribes", that have agreed In a con- or "advertising injury" caused by an tract or agreement to jointly exercise offense that is committed, after you any power common to them. cease to be a tenant in or to borrow H. WHO IS AN INSURED - EMPLOYEES AND that premises; or VOLUNTEER WORKERS b. Structural alterations, new construc- 1. The following replaces the first sen- tion or demolition operations per- tence of Paragraph 2.a of SECTION II formed by or on behalf of such - WHO IS AN INSURED: premises owner, manager or lessor. a. Your "volunteer workers" only .L BLANKET,» ADDITIONAL INSURED' "- LESSORS while performing duties related to OF iLEASEDEDUIPMENT' the conduct of your business, or your "employees other than ei- The following is added to SECTION II - ther your "executive officers" (if WHO IS AN INSURED: you are an organization other than Any person or organization that is an an "Indian tribe", partnership, equipment lessor is an insured, but only joint venture, limited liability with respect to liability for "bodily in- , trust) or your manag- jury", '" company or property damage", "personal le- ers (if you are a limited liability jury" or "advertising injury" caused, in company), but only for acts Within whole or in ,part, by your acts or orris- the scope of their employment by sions in the maintenance,. operation or you or while performing duties use by you of equipment leased to you by such equipment lessor. Page 4 of 7 e 2009 The Travelers Companies, Inc. CG D4 96 05 09 Includes copyrighted material of Insurance Services Office. Inc. with its permission. N N O LUMMERCIAL GENERAL LIABILITY 6 6 The insurance provided to such equip- M. GOOD SAMARITAN SERVICES COVERAGE - ment lessor does not apply to any AMENDMENT OF OCCURRENCE DEFINITION "bodily injury" or "property damage" AND EACH OCCURRENCE LIMIT caused by an "occurrence" that takes 1. The following is added to the defini- place, or "personal injury" or "advertis- g S ing injury" caused by an offense that is tion of "occurrence" in the DEFINI- committed, after the equipment lease TIONS Section: g expires. Unless you are in the business or K. BLANKET ADDITIONAL'INSURED*3- PERSONS occupation of providing "professional OR. ORGANIZATIONS*FOR LIOUR"ONGOING OP- health care services", "occurrence" •• ERATIONS ' AS''REQUIRED*BY`"WRITTEN CON- also means an act or omission corn- ~ TRACT-OR AGREEMENT mitted in providing or failing to pro- ' vide "Good Samaritan services" to a The following is added to SECTION II - person by: WHO IS AN INSURED: a. Any of your elected or appointed Any person or organization that is not officials, "executive officers" or co otherwise an insured under this Coverage directors; v Part and that you have agreed in a writ- b. Any member of "your boards"; ten contract or agreement to include as v an additional insured on this Coverage C. Any of your "employees" or N Part is an insured; but only with respect "volunteer workers"; or to liability for "bodily injury", "property d, Any person or organization that, damage ,_ "personal injury" or advertis- with your express or implied con- e N ing injury" that: sent, either uses or Is responsible o a Is "bodily injury" or "property dam- for the use of watercraft to which o age" caused by an "occurrence" that Coverage A - Bodily Injury And V takes place, or is "personal injury" Property Damage Liability applies; or "advertising injury" caused by an other than a nurse or doctor. •offense that is committed, after you have signed and executed that con- 2. The following is added to Paragraph tract or agreement; and 5. of SECTION III - LIMITS OF INSUR- b. Is caused, in whole or in part, by ANCE: your acts or omissions in the per- For the purposes of determining the Milliiiill formance of your ongoing operations applicable Each Occurrence Limit, all Isim ® to which that contract or agreement related acts or omissions committed mom applies or the acts or omissions of by: any person or organization perform- a Any of your elected or appointed ® ing such operations on your behalf. officials, "executive officers" or ® The limits of insurance provided to such directors; insured will be the limits which you b. Any member of "your boards"; =mum ii agreed to provide in the written contract = or agreement, or the limits shown in the C. Any of your "employees" or smear Declarations, whichever are less. "volunteer workers"; or Ilmlin L WHO IS AN INSURED - LIABILITY FOR d. Any person or organization that, CONDUCT OF UNNAMED PARTNERSHIPS, with your express or implied con- ni• ng= JOINT VENTURES OR LIMITED LIABILITY sent, either uses or Is responsible ® COMPANIES for the use of watercraft to which ® Coverage A - Bodily Injury And Mill The following replaces the last paragraph Property Damage Liability applies; of SECTION II - WHO IS AN INSURED: MIN in providing or failing to provide MEM No person or organization is an Insured "Good Samaritan services" to any MEI with respect to the conduct of any cur- � one person will be deemed to be one ® rent or past partnership, joint venture or "occurrence". limited liability company that is not ® shown as a Named Insured in the Decla- N. CONTRACTUAL LIABILITY - RAILROADS rations. This paragraph does not apply 1. The following replaces Paragraph C. to any such partnership, joint venture or of the definition of "insured con- limited liability company that otherwise tract" in the DEFINITIONS Section: qualifies as an insured under Section 11 - Who Is An insured. c. Any easement or license agree- ment; CG D4 96 05 09 0 2009 The Travelers Companies, Inc. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIAR ,IY 2. Paragraph f.(1) of the definition of (v) An executive officer or di- "insured contract" in the DEFINITIONS rector of any other organi- Section is deleted. zation; 0. KNOWLEDGE AND NOTICE OF OCCURRENCE OR that Is your partner, joint van- OFFENSE ture member, manager or trus- The following is added to Paragraph 2., tee; or Duties In The Event of Occurrence, Off ense, lb) Any "employee" authorized by Claim or Suit, of SECTION IV — COMMER— such partnership, joint venture, CIAL GENERAL LIABILITY CONDITIONS: limited liability company, trust or other organization to give e. The following provisions apply to notice of an "occurrence" or Paragraph a. above, but only for the offense. purposes of the Insurance provided (3) Notice to us of such "occurrence" under this Coverage Part to you or or offense will be deemed to be any Insured listed in Paragraph 1. or 2. of Section II - Who Is An Insured given as noon as practicable if it is given in good faith as soon as (1) Notice to us of such "occurrence" practicable to your workers' corn- or offense must be given as soon pensation insurer. This applies as practicable only after the "oc- only if you subsequently give no- currence" or offense is known to tice to us of the "occurrence" or you (if you are an individual), any offense as soon as practicable af- of your lawfully elected or ap- ter any of the persons described pointed officials, "executive off I- in Paragraphs e. (1) or (2) above cers" or directors (if you are an discovers that the "occurrence" or "Indian tribe"), any of your part- offense may result in sums to ners or members who is an indi- which the insurance provided un- vidual (if you are a partnership or der this Coverage Part may apply. joint venture), any of your man- However,: if this policy includes- an agers who is an individual (if you endorsement that provides limited are a limited liability company), coverage for "'bodily injury" or any of your trustees who is an "property dama e" or 9 pollution costs Individual If you are a trust), any arising out of a discharge, release or of your "executive officers" or escape of "pollutants" which contains directors if you are, an organize- a requirement that the discharge, ra- tion other than an Indian tribe", lease or escape of "pollutants" must partnership, joint venture, limited be reported to us within a specific liability company, or trust) or any number of days after its abrupt "employee" authorized by you to give notice of an "occurrence" or commencement, this Paragraph e. offense. does not affect that requirement. (2) If you are a partnership, joint P. UNINTENTIONAL OMISSION j venture, limited liability company The following is added to Paragraph 6., or trust, and none of your part- Representations, of SECTION IV - COMMER- ners, joint venture members, man- CIAL GENERAL LIABILITY CONDITIONS: agers or trustees are individuals, The unintentional omission of, or unin- notice notice to us of such "occurrence" tentional error `in, any Information pro- or offense must be given as soon as practicable only after the "oc_ vided by you which we relied upon In currence" or offense is known by issuing this policy wall l not prejudice your rights under this. insurance, 'How- (a) Any individual who is: ever, this provision does not affect our (i) A lawfully elected or ap- right to collect additional premium or to pointed official, "executive exercise our rights of cancellation or officer" or director"executive any nonrenewal in accordance with applicable "Indian tribe"; insurance laws or regulations, (ii) A partner or member of O. BLANKET.WAIVER OF=SUBROGATION° any partnership or joint The following is added to Paragraph 8., venture; Transfer Of Rights Of Recovery Against (iii) A manager of any limited Others To Us, of SECTION IV — COMMER- liability company; CIAL GENERAL LIABILITY CONDITIONS: (iv) A trustee of any trust; or If the insured has agreed in a contract or agreement to waive that insured's Page 6 of 7 a 2009 The Travelers Companies, Inc. CG D4 96 05 09 Includes copyrighted materiel of Insurance Services Office. Inc. with its permission. a 4 . 0 LiMMERCIAL GENERAL LIABILITY 0 c right of recovery against any person or h. "Personal injury" or "advertising in- organization, we waive our right of re- jury" caused by an offense that Is covery against such person or organize- committed; tion, but only for payments we make subsequent to the execution of the con- because of: tract or agreement. $ a. "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or 0 m 0 0 0 U * NM= MEM MIN 11 IMO ■aaal NNW MINN OMNI MINE MOM MIN MEINE mow Ili>• i• CG D4 96 05 09 o 2009 The Travelers Companies, Inc. Page 7 of 7' Includes copyrighted material of Insurance Services Office, Inc. with its permission.