Everett Gospel Mission 7/2/2021 (2)

sole discretion. a. A written request shall be mailed or emailed to the address above, detailing the justification for the waiver request. b. Within 10 working days upon receipt of the waiver request, the City will notifythe Agency of its decision. If the City grants a waiver, the City will also inform the Agency of the documentation required in lieu of the financial audit. c. Should review of the required documentation raise questions or concerns, the City reserves the right to require an audit described in C.1 above. XXXV. OVERPAYMENTS AND ASSERTION OF LIEN In the event that the City establishes that overpayments or erroneous payments have been made to the Agency under any Contract, the City may secure repayment, plus interest, if any, through the filing of a lien against the Agency's real property, or by requiring the posting of a bond, assignment of deposit, or some other form of security acceptable to the City, or by doing both. XXXVI. INSURANCE A. By the date of execution of any Contract, the Agency shall procure and maintain for the duration of any Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subagencies. The costs of such insurance shall be paid by the Agency or subagencies. The Agency may furnish separate certificates of insurance and policy endorsements for each subagency as evidence of compliance with the insurance requirements of this Agreement and any Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subagencies to comply with the insurance requirements stated herein shall constitute a material breach of any Contract. For all coverages, each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior City approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date any Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum insurance, the City shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under any Contract. Exhibit A City of Everett and Everett Gospel Mission Pallet Shelter Pilot Community Agreement Page 23 of 33