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HomeMy WebLinkAbout25-208.00 BECU - Celebration of Lights Event SponsorshipContract No. 25-208.00 CITY OF SPOKANE VALLEY EVENT SPONSORSHIP AGREEMENT This CITY OF SPOKANE VALLEY EVENT SPONSORSHIP AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and BECU, a company organized under Washington law ("Sponsor"), jointly referred to herein as the "Parties". For the exchange of valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. This Agreement is intended to set the terms and conditions under which the Sponsor will provide sponsorship to the City for the event identified in Section 2 of this Agreement (hereinafter the "Event"). 2. Event Details. a. Event Name: City of Spokane Valley Tree Lighting Ceremony b. Date & Time: December 5, 2025, from 5:30 pm to 7:30 pm c. Location: Balfour Park, 105 N. Balfour Road, Spokane Valley, WA 99206 3. Sponsor Benefits. In consideration for Sponsor's performance of the obligations identified herein, the City shall: a. Use the Sponsor's contributions solely for the purposes of the Event. b. Reserve space at the Event for Sponsor to host an informational booth at the Event. During the Event, Sponsor may display its logo and distribute informational and promotional items not otherwise prohibited by this Agreement. Sponsor is responsible for providing, at its own cost, any and all materials necessary for its use of said reserved space during the Event. c. Provide verbal recognition and display BECU logo onsite during the event and display BECU logo on promotional printed posters and city website. 4. Sponsor Duties and Warranties. a. Sponsor shall pay one thousand three dollars and 27 cents ($1,003.27) to A-Z Rental (located at 10903 E Sprague in Spokane Valley) for the City's cost to rent a stage, stairs, and stage skirting ("Equipment") for the Event as identified in the invoice attached hereto as Exhibit B. Sponsor shall not be responsible for delivering or returning the Equipment. City shall be solely responsible for returning the Equipment, any damage to the Equipment, and any additional A-Z Rental fees and expenses. b. Sponsor acknowledges that (i) the Event is a City event, (ii) the City does not intend the Event to serve as a forum for public speech, and (iii) the Event is not a forum for public speech. c. Sponsor shall not, either at or in connection with the Event, make any oral or written communication stating or implying that the City, including its elected officials and/or staff, endorse a particular company, organization or any other entity, including Sponsor, or any other entity's good or services, including Sponsor's goods or services. d. Sponsor shall not, either at or in connection with the Event, display any message that contains a comparative or qualitative description of Sponsor's goods or services, price information about Sponsor's goods or services, or any other message that is a call to action related to Sponsor's goods or services. Sponsorship Agreement — BECU Page 1 of 7 e. Sponsor shall comply with RCW 42.17A.555 pertaining to use of City property to support or oppose any campaign for a ballot measure or a person's candidacy for elective office. f. Sponsor warrants that (i) it has full authority to enter into this Agreement and (ii) the logos and other intellectual property that it displays at or in connection with the Event do not and will not infringe on any third -party rights. 5. Duration and Termination. a. This Agreement shall remain in full force and effect through the date of the Event. b. Either party may terminate this Agreement prior to the Event, effective upon delivery of a termination notice to the defaulting party, if the defaulting party fails to perform a material duty or obligation under this Agreement and that failure is not cured within a reasonable time after the defaulting party receiving written notice of the default. c. Prior to the time of the Event, City may terminate this Agreement immediately upon delivering written notice to Sponsor if City determines that continued affiliation with Sponsor (i) is inconsistent with the City's policies or values, and/or (ii) adversely impacts the City's reputation and/or image. d. During the Event, City may immediately terminate this Agreement without providing written notice or an opportunity to cure if Sponsor violates a material term of this Agreement during the Event, including but not limited to Sponsor's obligations identified in Section 4 of this Agreement. e. Sections 7, 11, and 18.0 of this Agreement shall survive termination of this Agreement. 6. Relationship of the Parties. It is understood and agreed that Sponsor shall be an independent contractor and not the agent or employee of City. All employees, volunteers, and agents of Sponsor who provide services under this Agreement shall be deemed employees solely of Sponsor. Any third parties (including employees thereof) with whom Sponsor contracts to perform any of its duties identified herein shall be deemed independent contractors solely of Sponsor. Sponsor shall be solely responsible for the conduct and actions of all its employees, agents, and independent contractors under this Agreement and any liability that may attach thereto. 7. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO SPONSOR: Name: Wanda Buddrius Phone: (800) 233-2328 Address: 12770 Gateway Drive S. Tukwila, WA 98168 8. Compliance with Applicable Laws and Grant Agreements. Sponsor, in the performance of this Agreement, agrees to comply with all applicable federal, state, and local laws, codes, and regulations. 9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, Sponsor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or Sponsorship Agreement — BECU Page 2 of 7 voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 10. Insurance. Sponsor shall procure and maintain insurance, as required in this Section, without interruption from the time this Agreement is fully executed through the term of the Agreement. A. Minimum Scope of Insurance. Sponsor shall obtain insurance of the types described below for the duration of the Event: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent Sponsor, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Sponsor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Sponsor shall maintain the following insurance limits for the duration of the Event: 1. Automobile liability insurance with a minimum combined single limit for bodily injury Sponsorship Agreement — BECU Page 3 of 7 and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products -completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies required by this Agreement for the Event are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Sponsor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Sponsor's insurance and shall not contribute with it. 2. Sponsor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Sponsor. 3. If Sponsor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Sponsor, irrespective of whether such limits maintained by Sponsor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Sponsor. 4. Failure on the part of Sponsor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Sponsor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Sponsor from the City. D. No Limitation. Sponsor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of Sponsor to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Sponsor shall furnish acceptable insurance certificates to City at the time Sponsor returns the signed Agreement, which shall be Exhibit A. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Sponsor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Subcontractor Insurance. Sponsor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Sponsor -provided insurance as set forth herein, except Sponsor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Sponsor shall ensure that the City is an additional insured on Sponsorship Agreement — BECU Page 4 of 7 each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 11. Indemnification and Hold Harmless. Sponsor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all third party claims, injuries, damages, losses or suits, including attorney fees, that arise out of or in connection with Sponsor's performance of its obligations under this Agreement during the Event, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Sponsor and the City, each Parry's liability hereunder shall be only to the extent of that individual Parry's negligence or other culpable conduct or omission(s). It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Disputes. All disputes arising under or related to this Agreement that are not resolved through informal discussion and negotiations shall be resolved by litigation. Any such litigation shall be filed in the Superior Court of the State of Washington for Spokane County, unless required otherwise by applicable federal or state law, and shall be governed in all respects by the substantive and procedural laws of the State of Washington. The prevailing party on litigation of claims arising out of this Agreement shall be entitled to recover their reasonable attorney fees and costs of such litigation. 15. Entire Agreement. This Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. 16. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 17. Business Registration. Prior to commencement of Work under this Agreement, Sponsor shall register with the City as a business if it has not already done so. Sponsorship Agreement — BECU Page 5 of 7 18. Assurance of Compliance with ADalicable Federal Law. During the performance of this Agreement, Sponsor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Sponsor shall comply with the federal laws set forth in subsection D, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Sponsor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Sponsor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Sanctions for Noncompliance. In the event of Sponsor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or may determine to be appropriate, including, but not limited to cancelling, terminating, or suspending the Agreement, in whole or in part. D. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, Sponsor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U. S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Sponsorship Agreement — BECU Page 6 of 7 Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and Sponsor, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 3 8; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 etseq.). 19. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 20. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Certificate of Insurance B. Invoice from A-Z Rentals The Parties have executed this Agreement this?29 day of Member, 2025. CITY OF KANE VALLEY: BECU: 4C' DocuSigne(d�by: 17u�e�nu�5 John Hogan, City Manage By: Wanda Buddrius Its: 12/02/2025 1 1:40 PM PST Sponsorship Agreement — BECU Page 7 of 7 W-9 Request for Taxpayer Give Fount to the Form (Rev. October 2of8) identification Number and Certification requester. Do not Di?parlTent of the Treawry Internal Revernue Service > Go to www.irs.gov1FarmW9 for instructions and the latest information. send to the IRS. 1 Name (as shown an your lncome tax return). Name Is required on this line; do not leave this line blank. A TO Z RENTALS LLC 2 Business namekitsregarded entity name, It different from above m 3 Check appropriate box for federal tax ciassifteatlon of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to rn w following seven boxes. certain entities, not individuals; see Q- i ❑ IndMdEl ❑ CCorporation ❑ SCorporation Parinershp ❑ Trust/estate instructions on page �: » ai c single -member LLC Exempt payee coda (.1 any) Q 1Jmited riablity con-:peny. Enter the tax ctassTcaL'on (G-C corporation, S� corporation, Partnership) ► P `p Note: Check the appropriate box In the line above for the tax classificaton of the singe -member owner, Do riot check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that Ls disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from code fit any) the owner for U.S. federal tax purposes. Otherwise, a dingle -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see Instructions) ► fin.:ro-3min'nx —..Ifin.usJ C❑ n 6 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 1429 W 2ND "E 6 City, state,,and ZIP code SPOKANE WA 99201 7 Ust account number(s) here (optional) flax ayerloentrlicationNumber (TIN) _ Enter your nN in the appropriate box- The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this Is ly your racial security number (SW. However, fora - m _ resident alien, sole proprietor, or disregardedd melt entity, see the instructions for Part I, toter. For other entities, it is your employer identification number (EIM. If you do not have a number, see Now to get a 77N, later. • or Note: It the account is in more than one name, see the Instructions for line 1. Also see What Name and I iiirnWoyerklenlfOatim number —� Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that- 1. The dumber shown on this fort Is my correct taxpayer identification number (or I ern waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to repot all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and I am a U.S. citizen or other U.S. person (defined below}; and The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting Is correct Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report at; interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pro erty, cancellation of debt, tributions to an Individual retirement arrcngement (Ii9Aj, and generally, payments other than interest and dividends.4te a no) required to sign fication, but you must provide your correct TIN. See the Instructions for Part II, later. Sign Sig. of Here us. periOn ► Date> b i f d E ( 2G General Instructions • Form 1099-DIV (dividends, Including thosefrom stocks o- mutual funds) Section references are to the Internal Revenue Code unless otherwise . Form 1099-MISC (various types of Income, prizes, aftrds, or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-8 (stock or mutual fund sales and certain other related to Form W-9 and its instructions. such as legislation enacted transactions by brokers) after they were published, go to wwwrrs.goy1FormW9. • Form 1099-5 (proceeds from real estate transactions) Purpose of Form . Form 1099-K (merchant card and third party network trar-sactlons) An individual or entity (Form W-9 requester) who is required to file ar. • Form 1098 (home mortgage Interest), 1098-E (student loan interest), information return with the iRS must obtain your correct taxpayer 1098-T (tuition) identification number (ftN) which may be your social secAty number . Form f 099-C (canceled debt} (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number . Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an Information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (Including a resident amount reportable on an info.. -oration retum. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a 71N, you rrdght • Form 1099-INT {interest earned or paid) be subject to backup withholding. See Mat Is backup withholding, later. Cat. No- 10231X Form W-9 (Rev. 10-2018) Page 1 of 2 A4lmZ RENTAL Status: Reservation 10903 E. Sprague Ave. Contract #: 609232-1 Spokane, Wa 99206 www.rentatoz.com Event Beg: Fri 12/ 5/2025 7:30AM 509-924-2000 Phone Event End: Mon 12/ 8/2025 5:OOPM 509-924-2958 Fax Customer#• 166570 Operator: Chaus Fleury BECU Phone 609-721-0255 Mobile 609-218-6537 615 N SULLIVAN RD Veradale, WA 99037 Qty Key Items Part# Status Event End Date Price 16 948200 STAGING 4' X 4' BIL-JAX Reserved Mon 12/ 8/2025 5:OOPM $560.00 lday $35.00 lweek $70.00 4weeks $140.00 32 94828 STAGING LEG 24" Reserved Mon 12/8/2025 5:OOPM $0.00 1 94825 STAGE STAIR, 3 STEP Reserved Mon 12/ 8/2025 5:OOPM $50.00 FREESTANDING lday $50.00 lweek $100.00 4weeks $150.00 2 LZ4990 SKIRT BLACK 17' Reserved Mon 12/ 8/2025 5:OOPM $34.00 1day $17.00 1week $41.00 4weeks $82.00 1 DEL-1 WAY-1 Delivery, One Way (Event) Selling $100.00 1 HAVE COUNTED AND VERIFIED RECEIPT OF ALL LISTED ITEMS. SIGNATURE: 1 IPkup-1 WAY-1 Pickup, One Way (Event) Selling $100.00 Delivery Fri 12/ 5/2025 8:OOAM - 4:OOPM VIRGINIA 206-730-3410 105 N BALFOUR RD SPOKANE VALLEY, WA 99206 VIRGINIA 2067303410 IN THE PLAZA DELIVER FRIDAY TO BALFOUR PARK P/U MONDAY AT CITY HALL. Pickup Mon 12/ 8/2025 8:OOAM - 4:OOPM VIRGINIA 206-730-3410 105 N BALFOUR RD SPOKANE VALLEY, WA 99206 Cancellations require a 14 day notice before customer pickup/delivery. The customer is responsible for obtaining any required Special Event permits. Rental Contract DAMAGE WAIVER RENTAL PROTECTION PLAN: THE RENTAL PROTECTION PLAN IS NOT INSURANCE: Upon signing this Contract, the Customer agrees to pay a charge equal to 12 % of the rental charges on Equipment for the DAMAGE WAIVER . Customer remains liable for all damages and loss due to theft listed under RENTAL PROTECTION PLAN provisions in the Terms and Conditions on back page, including Customers negligence. (Please see number 18 on back of Contract.) READ BEFORE SIGNING: A to Z Rental hereby leases to Customer the Equipment (as defined in the Terms and conditions on the reverse side) and Customer hereby accepts all TERMS AND CONDITIONS set forth on the reverse side, which the undersigned has read and understands. REMINDERS: (1) Rates do not include fuel and delivery, (2) Customer pays for all time the Equipment is out including Saturdays, Sundays, and Holidays, (3) This rental agreement supercedes all other purchase orders or terms and conditions contained in any of the Customers agreements or forms; (4) Customer assumes all risk and is responsible for all damages and other costs including late charges. (5) Customer is responsible for identifying and marking all underground utilities prior to A to Z Rental delivering onto location. Customer assumes full responsibility for any and all damage to any underground utilities. (6) Customer is responsible for obtaining any permits required by state or local authorities. Details of the above as well as other obligations and responsibilities are contained in TERMS AND CONDITIONS ON REVERSE. INDIVIDUAL SIGNING BELOW AS OR ON BEHALF OF CUSTOMER: (1) AGREES TO ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS RENTAL AGREEMENT; (2) ACKNOWLEDGES RECEIPT OF THIS EQUIPMENT IN GOOD WORKING ORDER AND; (3) IS FULLY FAMILIAR WITH ITS OPERATION AND USE. Signature: BECU Open 7:30am-5:00pm Monday -Saturday, Closed Sunday Printed On Thu 11/13/2025 4:13:50PM Software by Point -of -Rental Software www.point-of-rental.mm Rental: Damage Waiver: Delivery Charge: $644.00 $77.28 $200.00 Subtotal: $921.28 Spokane Valley Tax: $81.99 Total: $1,003.27 Paid: $0.00 Amount Due: F $1,003.27 Modification #6 contract-params.SQL.rpt (1) Contract #: 609232 BECU Page 2 of 2 SIDE 1 TERMS AND CONDITIONS OF RENTAL .1. AUTHORITY TO SIGN. It is hereby agreed that any individual signing this contact as a representative or agent for the person or company with whom he or she is employed (hereinafter referred to as'custori is authorized to skin this contract as representative or agent and shall thereby make said person or company liable for full payment of all purchases, rental charges or any other costs that might be incurred against any equipment rented or sold by A to Z Rental and Sales. .2. DISCLAIMER OF WARRANTIES. A to Z Rental MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE OR THAT IT IS FREE FROM DEFECTS EXCEPT AS MAY RE SPECIFICALLY SF FORTH IN THE RENTAL. CONTRACT. A TO Z RENTAL DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. .3. INDEMNITYMOLD HARMLESS/ DAMAGES CUSTOMER ACKNOWLEDGES AND ASSUMES ALL RISKS INHERENT IN THE OPERATION AND USE OF THE EQUIPMENT BY CUSTOMER. AND WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE FROM EQUIPMENT. A TO Z RENTAL SHALL NOT BE RESPONSIBLE TO CUSTOMER OR ANY OTHER PARTY FOR, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDENTIFY AND HOLD A TO Z RENTAL HARMLESS FROM AND AGAINST ANY LIABILITY CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING ANY ATTORNEY'S FEES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES) CAUSED BY, OR IN ANY OTHER WAY CONNECTED WITH THE USE, MAINUENANCE: INSTRUCTION. OPERATION, POSSESSION, OWNERSHIP OR RENTAL. OF THE EQUIPMENT. HOWEVER CAUSED. .4. RENTAL PERIOD/SINGLE SHIFT/EXCESSIVE USE! RATE It is agreed that the rental rate is based on single shift operation of eight (8) hours, five (5) days per week. All rentals shall commence when the equipment leaves A to Z Rental premises No allowance will be made fortime in transit, or lot any period of time equipment is not in actual use while in Customer's possession Equipment trust be returned during A to Z Rental regular office hours. .5. RECEIPT OR INSPECTION OF EQUIPMENT/USE OF EQUIPMENT Customer acknowledges that Customer has inspected the equipment prior to taking possession thereof hos it in good working order and repair and suitable for Customer's needs. Customer is familiar with the proper operation and use of each item of Equipment. Customer will not use or allow anyone to use the equipment, (a) for an illegal purpose or in an illegal manner: (b) without a license, if required under any applicable law or (c) who is rot qualified to operate it. Customer agrees at Customers sole expanse to comply with all applicable municipal, state, and federal laws, ordinances, and regulations (including OSHA) which may apply to the use of the Equipment. Customer agrees to check all fluid levels and tire pressure, to clean and visually inspect the Equipment daily and to immediately notify A to Z Rental when Equipment needs repair or maintenance. Customer acknowledges that A to Z Rental has no responsibility to inspect the Equipment while it is in customers possession. A to Z Rental shall have the right to replace the Equipment with other similar equipment at any time and for any reason. Should the equipment became unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify A to Z Rental. If such operation is the result of normal operation, A to Z Rental will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is evadable. A to Z Rental has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, or neglect. Customer's sole remedy for any failure or defect in equipment shall be by termination or any rental charges scarring after the time of failure. At the expiration of the Rental Period, Customer will return the Equipment to the Store location during regular business hours, such Equipment to be in the condition and repair as when delivered to Customer, subject to reasonable wear and tear. Customer shall be liable for all damages to or loss of the Equipment from the time the Equipment leaves the Store until the equipment is returned to the store. In the case of the loss or destruction of any Equipment or inability or failure to return same to A is Z Rental for any reason, Customer will pay A to Z Rental the then full replacement value together with the full rental rate so specified until Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay A to Z Rental the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. A to Z Rental shall be under no obligation to commence repair work until Customer has paid to A to Z Rental the estimated cost therefore. Rental equipment does not carry the option to purchase unless Ato Z Rental anti the Customer agree in writing upon the same prior to the rental of the Equipment. .6. REASONABLE WEAR AND TEAR. Reasonable wear and tear of rented Equipment shall mean only the normal deterioration of the equipment caused by ordinary and reasonable use on a one -shift I bass. The following shall not be deemed reasonable wear and tear: (a) damage resulting from lack of lubrication or maintenance of necessary oil, water, fluid, and air pressure levels. (b) damages resulting from lack of servicing or preventative maintenance suggested in the manufacturers operation nod maintenance manual, (a) Damage resulting from any collision, overturning, or improper operation, including ovedoading or exceeding the rated capacity of the Equipment, Id) damage in the nature of dents, bending, tearingstaining and misalignment of any Equipment or part thereof (a) damage from dirtying of the minted equipment by mud, paint, plaster, concrete, resin or any other material, (f) wear resulting from use in excess of a oneshlft basis and (o) any other damage to the equipment winch is not considered ordinary and reasonable in the equipment rental industry. Repairs to the Equipment shall be made to the reasonable satisfaction of A to Z Rental and in a manner which will not adversely affect the operation, manufacturers design or value of the equipment. Customer shall not disconnect or tamper with the hour meter, odometer, or speedometer on any rented equipment, and 8 the same shall now signs of having been disconnected or tampering with. Customer agrees to pay A to Z Rentals. In addition to the regular rental, the aura of five dollars ($5 00) per hour for each and every hour the Customer has the vehiclemachine or equipment off the premises of A to Z Rental. .7. LATE RETURN. Customer agrees that if the Equipment is not returned by the end of The Rental Period, A to Z Rental, in its sole discretion, may require the Customer to do any of the following: (a) continue to pay the rental rates) applicable to the Equipment as specified Oh the front page of the Rental Contract:(b) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment: or (c) pay any increased rental rate(s) In effect at the time of, or after, the expiration of the Rental Period. .8. DEPOSIT/PAYMENT. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be s guaranty by Customer of the lull and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder, and in any event of any breach by Customer. The deposit will be credited against any damages, cost or expense incurred by A to Z. Rental as a result of the breach. All amounts due hereunder shall be payable in full upon the end of the Rental Period, return of the equipment to A to Z Rental, or 30 days following A to Z Rental's invoice to Customer, whichever comes first. Customer acknowledges that timely payment of rental charges is essential to A to Z Rental's business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and A to Z Rental agree there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per month (24% per annum) on any such past due amounts, or the maximum amount allowed by applicable law. .9. FAILURETO DELIVER. Customer hereby releases and discharges A to Z Rental from any and all liability damages, which might be caused by failure of A to Z Rental to deliver any equipment within the agreed time. .10. TITLE: Title to all rented Equipment is and shall remain with A to Z Rental. If the equipment is levied upon or the agreement is terminated for any reason whatsoever, A to Z Rental may retake the equipment without notice or legal process, and may lake all action reasonably necessary to do so, including going onto the Customers property to retake the equipment. Customer waives for himself, agents, and employees all claims for damages and losses, physical and pecuniary, caused by retaking by A to Z Rental. Customer agrees to pay all costs and expenses incurred by A to Z Rental in retaking the equipment. Title and the right to immediate possession of any purchased equipment described on the front side hereof shall remain in A to Z Rental until all items have been paid for in full. Customer hereby grants A to Z Rental a security interest in said equipment pursuant to the Washington Uniform Commercial Code and any other applicable provisions of law, except to the extent as otherwise provided herein. In the event of default by Customer, A to Z Rental shall be entitled to immediate possession of ail equipment described herein and any other remedies afforded A to Z Rental by this agreement or law. .11. TIRErrUBE REPLACEMENT OR REPAIR. Repair or replacement of tees and tubes is the responsibility of the Customer, and is not included in the rental rate. .12. NOTICE OF NONWAIVER. Any failure of A to Z Rental to insist upon strict performance by Customer of the conditions and terms of this agreement shall not be construed as a waiver by A to Z. Rental to demand strict compliance. Time is expressly made the essence of this agreement. .13 DEFAULT. Customer shall be deemed to be in default should Customer in any way fail to pay any amount when due hereunder, or to perform, observe or keep any provision of this Rental Contact or should the Customer become Insolvent, or should A to Z Rental anticipate that the Customer may become insolvent that Customer may otherwise become in default. If the Customer is in default, A to Z Rental may do any one or more of the following: (a) terminate the rental period, (b) declare the entire amounts due hereunder immediately due and payable and commence legal action therefore; (c) cause A to Z Rental's employees or agents, without notice or legal process, to enter upon Customers property and take all action necessary to retain and repossess the Equipment, in which event Customer waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by A to Z Rental in retaining and repossessing; or (d) pursue any other remedies available by law. The Customer shall be considered insolvent if the Customer (i) shall generally not pay or shall be unable to pay, or shall admit its inability or anticipated inability to pay its debts as such debts become due; or (ii) shall make an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets, or (III) shall commerce any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute ofjurisdiction, whether now or hereafter in effect: or (iv) shall have had any such petition or application filed or, any such proceeding commenced against ft in which an order for relief is entered or an adjudication or appointment is made, or (v) shall take any action indicating its consent to, approval of, or acquiescence in any such petition application, proceeding, or order for relief or time appointment of a custodian, receive, or trustee for all or any substantial part of Its properties. .14. PURCHASE ORDERS. The use of Customers purchase order number on this contract is to; Customers convenience and identification only. This contract constitutes the sole agreement between the Customer and A to Z Rental and supersedes any purchase, order provision whether sent or received prior to or subsequent to this contract. Absence of purchase order number'shall not constitute grounds for nonpayment of rental charges when customer has the right to enjoy the use of the rented Items. .15. NO ASSIGNMENT, LENDING, OR SUBLETTING Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of A to Z Rental, and any such action by Customer, without A to Z Renters written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth on the first page or the Rental Contract unless A to Z Rental provides for and approves otherwise in writing. A to Z Rental may, at any time, without notice to the Customer, transfer or assign this Rental Contract or any equipment or any moneys or other benefits due on to become due hereunder. .16. ATTORNEY FEES AND VENUE. In the event that A to Z Rental is required to retain an attorney or any collection agency to enforce any provision of this agreement, whether or not suit is instituted. Customer shall be responsible for and pay, in addition to arty other sums due under this agreement, attorney's fees, expenses, collection fees and court costs. TRIAL BY JURY IS WAIVED. Customer agrees that venue may be at the option of A to Z Rental in Spokane County, Washington. .17. AGENCY Customer shall not, at any time, be construed as being the agent of A to Z Rental for any purpose whatsoever. A to Z Rental shall not be responsible for arty acts or omissions of Customer or its agents. .18. DAMAGE WAIVER RENTAL PROTECTION PLAN. The Plan is not Insurance Notwithstanding the foregoing, A to Z Rental will not waive a claim for loss or damage. (i) to equipment as a result of overloadingor exceeding its rated capacity; Ili) to motors, generators. drills or other electrical appliances or devices caused by portable, electric current, unless the source is a generator supplied by A to Z Rental; (III) to hydraulic cylinders; (iv) to tires and tubes caused by blow out, bruises, cuts, punctures or other causes inherent in the use of the Equipment; (v) resulting from a lack of, or improper lubrication or servicing of the Equipment, or damages resulting from misuse, abuse, failure to maintain, cleanliness, proper fuel, hydraulic fluid, coolant Or pressure levels: (vi) due to mysterious disappearance or any Equipment that is not returned for whatever reason, including theft, unless from break and entry substantiated by a police report. Break and entry includes forced entry Into a building, enclosed area, or fencing at which the Equipment is located, or forced entry into the Equipment itself, (vii) due to theft of all accessories, such as, but not limited to air hoses, electric cords, blades, welding cable, liquid fuel tanks, harnesses and lanyards and other similar items, and (viii) due to use of Equipment in violation of any terms of the Rental Contract or any illegal use. IF customer has insurance covering any loss or damages to whichDAMAGE WAIVER RENTAL PROTECTION PLAN and/or paragraph 18 relates, the Plan becomes secondary and shall only apply to the extent such damage is not covered by Customer's insurance. Customer shall exercise all rights available to Customer under said insurance and take all action necessary to process a claim therefore. Customer hereby assigns said claim and any and all proceeds from such insurance to A to Z Rental. Upon request of A to Z Rental. Customer shall fully cooperate with A to Z Rental and furnish the name of Customer's insurance agent, insurance company, and information concerning Customer's insurance coverage. .19: WARNING: The use of false or fictitious identification to obtain the rented equipment described in the front of this agreement, or the failure to return equipment on the expiration and clue dale, inn certain circumstances, may be considered a theft resulting in criminal prosecution. Your attention is directed to the Penal Code of Washington state law, ROW 9.45.060 and/or 9A.56.030/050 and/or Replevin Law and/or Idaho law. Open 7:30am-5:00pm Monday -Saturday, Closed Sunday Modification #6 Printed On Thu 11/13/2025 4:13:50PM Software by Point -of -Rental Software www.point-of-rental.com contract-params.SQL.rpt (1) Client#: 1726115 BOEINEMP1 DATE (MMID D/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 12/02/2025 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kiara Callaway USI Insurance Services NW CL PHONE 208-917-5681 FAX, 610-362-8530 601 Union Street, Suite 1000 E-MAIL Ext: A/CNo: Seattle, WA 98101 ADDRESS: kiara-cailaway@usi.com INSURED Boeing Employees Credit Union PO Box 3853 Seattle, WA 98124-9750 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Zurich Insurance Company 40142 INSURER B : American Guarantee & Liability Ins Co. 26247 INSURER C : INSURER D : INSURER E : 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR GLA094739101 6/01 /2025 06101/2026 EACH OCCURRENCE $1,000,000 PR EMISES EaEcNccTu ence $300,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- X POLICY ECT 7 LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY GLA094739101 AUC094739401 6/01/2025 06/01/202 (CEO accident $MBINEDSINGLELIMIT 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE 6/01/2025 06/01/2026 EACH OCCURRENCE $20OOO OOO AGGREGATE s20,0001000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC094739301 6/01/2025 06/01/2026 X I PER FOR E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate/Evidence is issued for operations usual to financial institutions. L,r-M 1 Ir'Ik A I C NULUCK City of Spokane Valley ATTN: Virginia Clough 10210 East Sprague Avenue Spokane, 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S51930570/M49452884 SFMJU