22-087.00 City of Spokane: UBIT Lease Agreement SPOKANEClerk File # Destruct Date
Cityof S o ka ne OPR 2022-031 2 01 /01 /2029 N.00
p
Cross Ref Alt File #
�11 Minor Contract Summary
Department Name* Department Project# CR#
STREETS
Submitter Primary Contact Primary Contact Email Starting Date
IKLAPP JON KLAPP JKLAPP@SPOKANECITY.OR
G
Contractor/Consultant
Name\Contractor\Firm*
CITY OF SPOKANE VALLEY
Contact Name Contact Email
PETE FISCH PFISCH@SPOKANEVALLEY.ORG
Address Remittance Address
1 021 0 E SPRAGUE AVE 10210 E SPRAGUE AVE
City, State, Zip Remittance City, State, Zip
SPOKANE, WA 99206 SPOKANE, WA 99206
Summary of Services
Description*
Agreement with the City of Spokane valley to allow for the staffed usage of the Street Department's UBIT vehicle.
Special Instructions for Clerks Office
Contract Cost
Amount Budget Code* Notes
$6,000.00 1100-21900-99999-36210-
99999
Total Amount* Effective Date* Expiration Date*
$34,000.00 03/01 /2022 02/28/2026
Contract Type*
NEW CONTRACT
If new vendor, W-9 and ACH form has been submitted to Accounting*
YES
Quotes (per Purchasing Policy to be kept on file in Dept.)*
NO
NO
City Business Registration (attach verification that a current business license number exists)*
NO
If Public Works Contract, Contractor has been notified of State Law requirements.*
NO
Grant Related (If the contract is grant related, the Grants Management Department must approve)*
NO
Is this a Lease?*
YES
Electronic Approvals
Accountant for Review*
TBRAZINGTON
Additional Review (Optional)
ACCOUNTING - LEASE
Accountant Date
BRAZINGTON, TODD 04/21 /2022
Additional Approval Date
BAIRD, CHRISTI 04/21 /2022
Department Head Date
HARRIS, CLINT E. 04/25/2022
Division Head Date
Grants (If applicable) Date
Distribution List
Contractor Email Contract Accounting Email
pfisch@spokanevalley.org ddaniels@spokanecity.org
Dept Contact Email Taxes and Licenses Email
jklapp@spokanecity.org tax&licensesspokanecity.org
Additional Email Additional Email
I malstrom@spokanecity.org
Additional Email Additional Email
ceharris@spokanecity.org
Additional Email
Additional Email
jwthomas@spokanecity.org
City Clerk's No. 2022-0312
CITY OF
SPOI Ai 1
pFIMCity of Spokane
EQUIPMENT LEASE
This Equipment Lease is made and entered into by and between the City of Spokane as
("City"), a Washington municipal corporation, and City of Spokane Valley, whose address is 10210
East Sprague Avenue, Spokane, Washington 99206 as ("City of Spokane Valley"), individually
hereafter referenced as a "party", and together as the "parties".
WHEREAS, the City of Spokane Street Department's Maintenance Division has specialized
equipment not presently available for rent by others in the Spokane area; and
WHEREAS, City of Spokane Valley has requested to lease this equipment from the City as
needed; and
-- NOW, THEREFORE, in consideration of the terms, and conditions, contained herein, the
City and Spokane Valley mutually agree as follows:
1. LEASED EQUIPMENT.
The City hereby leases to the City of Spokane Valley one (1) Under Bridge Inspection Truck (UBIT)
and two (2) Operators, under the following conditions:
A. City of Spokane Valley shall provide written or e-mail requests for each rental date at least
fourteen (14) days in advance.
B. Two (2) City staff members must be available to accompany the UBIT.
2. LEASE TERM.
The term of this Lease shall begin on March 1, 2022, and shall run through February 28, 2026, unless
amended by written agreement or terminated earlier under the provisions.
3. RENTAL COST.
City of Spokane Valley shall pay the City SEVEN HUNDRED FIFTY AND NO/100 DOLLARS
($750.00) per hour for usage of the equipment and accompanying operators,with a minimum charge
of THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) per day not to exceed SIX
THOUSAND AND NO/100 ($6,000.00) per day for 2022.
The hourly amount shall increase by FIFTY AND NO/100 DOLLARS ($50.00) annually and the daily
maximum will increase by FOUR HUNDRED AND NO/100 DOLLARS ($400.00)annually each year
for 2023, 2024, 2025, and 2026. Usage rental time shall be calculated portal to portal.
1
4. COMPENSATION / PAYMENT.
City of Spokane Valley shall submit payment to City of Spokane, Accounting Department, 808 West
Spokane Falls Blvd., Spokane, Washington 99201. Payment will be made within thirty (30) days of
UBIT usage.
5. EQUIPMENT DELIVERY/RETURN.
The City shall deliver the equipment and operator(s) to City of Spokane Valley's work site. The
equipment shall be delivered in good running and working condition and be ready for use. The City
shall be responsible for the return of the equipment to the City's facility. The City will be responsible
for all diesel or gasoline, as needed for operation of the equipment.
6. EQUIPMENT USE.
Only City operators may operate the UBIT equipment.
7. SAFETY.
City of Spokane Valley shall be responsible for implementing and maintaining their own safety
program while performing work associated with this contract. City of Spokane Valley will verify that
this safety/training program has been given to all personnel working in service of this contract. City
of Spokane Valley shall have procured and equipped appropriate fall protection equipment for their
personnel in service of this contract and will have ensured that the fall protection equipment is in
good working order at the time work is to be performed.
8. TERMINATION.
Either party may terminate this lease, with or without cause, by thirty (30) days written notice to the
other party. In the event of such termination, City of Spokane Valley shall pay the City for all use of
the equipment prior to the termination date.
9. LIABILITY.
A. City does not guarantee performance of the equipment and City of Spokane Valley releases the
City from any responsibility or obligation form time lost in case of nonperformance, inability to
perform the task, repair time or any other cause.
B. City of Spokane Valley agrees to indemnify, defend, and hold harmless the City, its officers and
employees, from and against all claims for damages, liability, cost and expense from the
negligent conduct of City of Spokane Valley, its officers, employees and subcontractors in
connection with this Lease.
C. The City agrees to indemnify, defend, and hold harmless City of Spokane Valley, its officers and
employees from and against all claims for damages, liability, cost and expense from the negligent
conduct of this City, its officers, employees and subcontractors in connection with this Lease.
10. INSURANCE.
During the period of the Lease, City of Spokane Valley shall maintain in force at its own expense
insurance that provides the following insurance coverage:
A. Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires
subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability Insurance in the amount of$1,000,000;
2
DocuSign Envelope ID 1 DEC9CE0-2FF0-4305-909F-1 CB18A476A0E
B. General Liability Insurance on an occurrence basis,with a combined single limit of not less
than $1,000,000 each occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under this agreement.
C. Automobile Liability Insurance with a combined single limit, or the equivalent of not less
than $1,000,000 each accident for bodily injury and property damage, including coverage for owned,
hired and non-owned vehicles.
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without sixty (60) days written notice from City of Spokane Valley or its
insurer(s) to the City. As evidence of the insurance coverages required by this Agreement. City of
Spokane Valley shall furnish acceptable insurance certificates to the City at the time it returns the
signed Agreement. The certificate shall insurance applicable policy endorsements, the sixty(60)day
cancellation clause, and the deduction or retention level. City of Spokane Valley shall be financially
responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.
The parties mutually agree that, City of Spokane Valley can meet the above insurance requirements
through self-insurance and can satisfy the COI requirement by providing a letter confirming self-
insurance coverage.
IN WITNESS WHEREOF, in consideration of the terms, conditions and covenants contained, or
attached and incorporated and made a part, the parties have executed this Lease by having legally-
binding representatives affix their signatures below.
CITY OF SPOKANE VALLEY CITXQE,§RA CAN"1E
B �//� S'4�L2 By nLAY .t, Ft- 5/10/2022
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Signature Date Sig ure Date
I -1-o yAl 1710A/A 4A,/ Marlene Feist
Type or Print Name Type or Print Name
ct i-;, 0.44 a Public works Director
Title Title
City of Spokane valley
At :v6e4lea§-sipto form:
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City Clerk Assistant Clty Attorney
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Attachments that are part of this Agreement:
Summary of Services
^92-017a
Attest: (,, t".
[DocuSigned by:
1.1.5b1,tlA4ULL tl4Ub...
city clerk
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SUMMARY OF SERVICES:
Agreement with the City of Spokane valley to allow for the
staffed usage of the Street Department's UBIT vehicle.
2022 WCIA Insurance Coverage SummaryWA cities
g Insurance Authority
Member: City of Spokane Valley
LIABILITY PROGRAM
Liability Joint Protection Program
Auto Liability, General Liability, Police Liability,Errors or Omissions Liability,Employment Practices
Liability,Employee Benefit Liability and Stop-Gap Liability. 100% occurrence form.
Layer: Limits:
Self-Insured Layer Limit $4M per Occurrence
Reinsured Layer—Governmental Entities Mutual (GEM) $2M per Occurrence
Reinsured Layer—GEM 90% &WCIA 10% $5M per Occurrence
Reinsured Layer—Applied 50%,Upland 25%, $4M per Occurrence and per Member Aggregate and
Bermuda(Ark&Arcadian) 25% $20M Pool Aggregate
Reinsured Layer—Allied World Assurance Company $5M per Occurrence and per Member Aggregate and
$25M Pool Aggregate
Total Limit: $20M per Occurrence, subject to aggregates and
sub-limits.
Deductible: All members are in the liability program,however if a deductible
is listed the member is subject to it.
This member is currently listed in the following programs if a deductible is listed or the box is marked:
PROPERTY PROGRAM
Property Joint Protection Program
WCIA self-insures (pools)the first $750,000 of covered perils other than flood and earthquake. We
purchase and follow a Lloyd's of London policy with the limits provided below.
Limits: $400,000,000 per Occurrence
Sub-Limits: $162,500,000 Earthquake per Occurrence and Annual Pool Aggregate
$100,000,000 Flood per Occurrence and Annual Pool Aggregate, except$50,000,000 Flood
Sub-Limit within Flood Zones A and V.
Other sub-limits may apply.
Deductible: Earthquake: 2% of Values Involved Subject to $250,000 Minimum per Occurrence
Flood: $250,000 per Occurrence, except within Flood Zones A and V 3% of the total
building/facility values involved in the loss subject to a$500,000 minimum occurrence.
All Other Perils: $25,000 Deductible shown only i program member.
AUTO PHYSICAL DAMAGE PROGRAM
Auto Physical Damage Joint Protection Program
Limits: Actual Cash Value (ACV) for scheduled vehicles. Optional replacement cost coverage for
vehicles valued$50,000 or higher and scheduled with the current replacement value.
Deductible waived for glass repair and damage caused by fire or lightning.
$1,000
Deductible: Deductible shown only .fprogram i member.
EQUIPMENT BREAKDOWN(BOILER AND MACHINERY) PROGRAM
Insured by The Hartford Steam Boiler Inspection and Insurance Company
Limits: $100,000,000 Maximum Limit(Equipment Breakdown)
Sub-Limits: $10,000,000 Business Income, Service Interruption
$5,000,000 Demolition, Ordinance of Law
$1,000,000 Extra Expense
$500,000 Perishable Goods,Expediting Expenses, Hazardous Substances
$100,000 Off Premises Equipment Breakdown, Contingent Business Income,
Data Restoration
Deductible: $10,000 Combined All Coverage Except:
$25 per KW Turbine Generator Units with a$50,000 Minimum
*$25 per HP Motors,Pumps, and Deep Well Pump Units
*$2.50 per KVA Transformers
*$25 per HP A/C and Refrigeration Systems
*$25 per HP Internal Combustion Engines and Generators>=500 HP
*Subject to a $10,000 Minimum Deductible
® Checked only if program member.
POLLUTION LIABILITY PROGRAM
Insured by Allied World Assurance Company
Coverage included with membership in WCIA
Policy Terms 02/01/22—02/01/24(One policy limit applies for both years)
Limits: $2,000,000 Per Condition Pollution Condition or Indoor Environmental Condition
Limit of Liability
$10,000,000 Total Policy and Program Aggregate Limit of Liability for all
Pollution Conditions and Indoor Environmental Conditions
Sub-Limit: $250,000 Maximum for"Catastrophe Management Costs"Arising out of all Pollution
Conditions and Indoor Environmental Conditions
Deductibles: a) $100,000 Per Pollution Condition or Indoor Environmental Condition
b) 5 Days Per Pollution Condition or Indoor Environmental Condition for Business
Interruption Loss
CRIME/FIDELITY PROGRAM
Insured by AIG—National Union Fire Insurance Company of Pittsburgh PA
Limits: $2,500,000: Employee Theft-per Loss Coverage,Forgery or Alteration, Inside Premises -Theft
of Money and Securities, Inside Premises -Robbery or Safe Burglary of Other
Property, Outside the Premises, Computer Fraud, Funds Transfer Fraud, Money Orders and
Counterfeit Money, Credit/Debit Card Forgery, and Faithful Performance of Duty as prescribed
by law. Blanket coverage for all employees unless excluded under the insurance policy.
Deductibles: $10,000 ® Checked only if program member.
$50,000 Impersonation Fraud Coverage Deductible with a$250,000 sub-limit.
INFORMATION SECURITY INSURANCE (CYBER INSURANCE)
Insured by AIG Specialty Insurance Company
Coverage included with membership in WCIA
Policy Terms 05/31/21—05/31/22
Limits: $10,000,000 Aggregate Pool Policy Limit and per Member$1,000,000 Limit
Sub-Limits: $1,000,000 Security and Privacy Liability Insurance per Member
$1,000,000 Regulatory Action per Member
$1,000,000 PCI-DSS Assessment or Fine per Member
$1,000,000 Privacy Event Services per Member/$10M Pool Limit
$1,000,000 Event Management Electronic Data per Member
$1,000,000 Event Management Event Response per Member
$1,000,000 Bricking
$100,000 per Member/$1 M Pool Limit Cyber Extortion Including Bitcoin Ransom Coverage
Deductibles: $50,000 Security and Privacy Liability Insurance Including Regulatory Action
$50,000 PCI-DSS Assessment
$50,000 Event Management, E-Discovery None
$50,000 Cyber Extortion
Note: New Members coverage subject to carrier approval.
This summary is for your reference only. Please refer to the Joint Protection Program or insurance policies for
specific terms, conditions,limits and exclusions.