DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

CITY OF TACOMA
RENTAL AGREEMENT PERSONAL PROPERTY

This Rental Agreement (“Agreement”) is made and entered into effective July 1, 2019 (“Effective
Date”), by and the CITY OF TACOMA, a municipal corporation of the State of Washington
(“City”) and Sunbelt Rentals (“Owner”).
That in consideration of the mutual promises and obligations hereinafter set forth the Parties
hereto agree as follows:
Owner rents to City and City rents from Owner, subject to the terms and conditions of this
Agreement:
Property described on Rental Reservation (Contract #91234694) attached hereto by reference
(“Property”).
1. Term
This Agreement shall commence upon delivery of the Property to City and remain in full force
and effect until Property is returned to Owner. City shall return the Property on September 23,
2019, 12:00 p.m., unless terminated earlier consistent with the terms herein.
2. Extension
The term of this Agreement may be extended for additional periods as are specified in writing in
the form of an Amendment to this Agreement signed by all Parties.
3. Payment
City shall pay the following rental fee for the Property: $2,350 per 4 weeks, plus any applicable
sales tax. The total amount paid by City to Owner under this Agreement shall not exceed
$21,430.32, without a written agreement in the form of an Amendment to this Agreement signed
by all Parties. Payment shall be made through the City’s ordinary payment process and shall be
considered timely if made within 30 days of receipt of a properly-completed invoice. All
payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined
to have been improperly invoiced.
4. Payment Method
The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card
(aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House
(ACH), then check or other cash equivalent. CONTRACTOR may be required to have the
capability of accepting the City’s ePayables or credit card methods of payment. The City of
Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or
credit card is used. The City, in its sole discretion, will determine the method of payment for this
Contract.
5. Purchase Order
Applicable Terms and Conditions contained in City’s Purchase Order, if utilized, apply to and
are incorporated into this Agreement. In the event of a conflict this Agreement is controlling.
6. Order of Precedence

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 1 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

The Terms and Conditions contained herein and in City of Tacoma’s Purchase Order supersede
and control over any conflicting or inconsistent terms and conditions as may be contained in any
exhibits, addendums, attachments or other agreements of the parties as may be incorporated
into this Agreement by reference, notwithstanding any language in the Owner’s terms and
conditions that state otherwise.
7. Termination
This Agreement shall terminate on the date specified for return of the Property. Return of the
Property to Owner terminates this Agreement. City may terminate this Agreement at any time,
with or without cause, by giving ten (10) business days written notice to Owner.
8. Delivery or Pick Up of Property
Owner will deliver Property to City as described on Rental Reservation (Contract #89953528).
9. Condition of Property
The Parties will examine and document in writing, to include photographs or other confirmation
as necessary, the condition of the Property upon City’s receipt of Property. Owner will
acknowledge the condition of the Property by signing the written documentation of the condition
of the Property. The acknowledged written documentation of the condition of the Property is
incorporated herein by reference. Owner shall use reasonable care to see that the Property is in
proper working condition and free from patent or latent defects before delivery to City.
10. Risk of Loss
City shall bear risk of loss for the Property from and after the time the Property has been
delivered to or picked up by the City until Property is returned to Owner’s possession.
11. Location of Property
During the Term, Property shall be primarily located at the Stability Site (1423 Puyallup Ave,
Tacoma WA 98421). Property may be used in other locations as is necessary for City’s
business purposes. Property will not be removed from the State of Washington without Owner’s
written consent.
12. Care of Property
City warrants that prior to each use, City has or will inspect the Equipment to confirm that it is in
good condition, without defects, includes readable decals and operating and safety instructions
and is suitable for Customer’s intended use. Property will be used by City in a careful and
proper manner and not used in any way that is inconsistent with Owner’s instructions or
manuals. City will not permit the Property to be used by any person who is not authorized to use
such Property and will not operate or use the Property or permit it to be operated or used in
violation of law.
13. Return
City shall return Property on the date and time specified herein, unless this Agreement is earlier
terminated or Parties agree in writing to an alternate return arrangement. Any extension or
modification of return time must be in writing in the form of an amendment to this Agreement
signed by all parties. City shall return the Property to the agreed return location. Owner will

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 2 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

provide City of written notice of acceptance of the returned Property. If Property is not returned
on said date and if other return arrangements have not been agreed in writing Owner reserves
the right to take any action necessary to regain possession of the Property.
14. Repair and Maintenance
City agrees to maintain Property in the condition as received from Owner, usual wear and tear
excepted, and to provide any normal maintenance as is necessary to keep the Property in
proper working condition during the Term. Owner is responsible for maintenance and repairs
beyond that necessary to keep the Property in proper working condition during the Term. City is
responsible only for repair to Property which arises out of City’s negligence. Property will not be
serviced or repaired and parts and accessories shall not be replaced by City without Owner’s
prior consent. Notwithstanding anything contained in this Agreement or to the contrary, Owner
provides rental equipment that is neither sold nor integrated into the Work, therefore there is no
warranty, expressed or implied, as to the rental equipment or to its capabilities, and no warranty
of merchantability, other than those detailed in the manufacturer’s specifications; except for
those stated under this Section 14.
15. Malfunctioning Property
If the Property fails, malfunctions or becomes unsafe or in a state of disrepair form any cause
City will immediately discontinue use of Property and notify Owner of the condition of the
Property. If such Property condition resulted from normal use of the property, and did not arise
out of City’s negligence, Owner will replace the property with similar Property in good working
order if available or will make appropriate refunds, credits or allowances on the rental price.
Return of the Property to Owner will be at Owner’s expense; except due to City’s negligence.
16. Loss or Damage
City is responsible only for such loss or damage to Property and loss of use, diminution of the
Property’s value caused by damage to it or repair to it occurring during the Term as arises out of
City’s negligence except that City shall bear risk of loss to Property resulting from fire, theft or
any other cause except to the extent caused by the negligence of Owner. City agrees to report
any accident or other incident, including lost or stolen, or adverse event involving the Property to
Owner as soon as is reasonably possible following the event, and City will endeavor to report
any event within 24 hours of the event. City will reasonably cooperate with Owner and Owner’s
agents or insurance company in any matters connected with loss or damage to the Property.
17. Ownership
Owner shall at all times retain ownership and title to the Property. Property shall be deemed at
all times to be personal property, whether or not it may be attached to any other property.
Property will not be subleased or pledged or in any way encumbered by City.
18. Insurance
Owner agrees City’s program of self insurance satisfies any insurance requirements Owner may
impose on City pursuant to this Agreement. Owner will maintain the at least the following
insurance coverages during the Term: Workers Compensation and employer's liability --
statutory limits; and General comprehensive liability --$1,000,000 single limit combined for
personal injury, property damage. Certificates of the above insurance coverages shall be
delivered to the City by Owner’s insurance carrier or agent certifying the above insurance

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 3 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

coverages are in effect and will not be cancelled or materially changed without 30 days' written
notice given to the City. The general comprehensive liability policy shall include an endorsement
naming the City as an additional insured and stating that coverage under such policy is primary
over any insurance the City may maintain.
Owner acknowledges, regardless of the requirements in paragraph 9 of Owner’s terms and
conditions regarding insurance, that the City is self-insured.

19. Indemnification
Owner assumes the risk of all damages, loss, cost and expense and agrees to indemnify and
hold harmless the City, its officers and employees, from and against any and all liability which
may occur or be sustained by the City on account of any claim or action made or brought
against the City for the death or bodily injury to all persons (including employees, agents and
subcontractors of Owner) or destruction of property resulting from or in connection with
negligent or willful acts or omissions of Owner and/or its employees in connection with
performance of this Agreement, excepting only liability occasioned by the gross negligence of
the City. In this regard, the Owner recognizes that the Owner is waiving its immunity under
Industrial Insurance Law, Title 51 RCW; provided the City was not negligent, and that this
indemnification clause has been mutually negotiated. This indemnification shall extend to and
include attorneys' fees and the cost of establishing the right of indemnification hereunder in
favor of the City.
20. Public Disclosure
This Agreement and any other documents or records provided to the City by Owner hereunder
are deemed public records subject to disclosure under the Washington State Public Records
Act, Chapter 42.56 RCW (Public Records Act). Thus, the City may be required, upon request, to
disclose this Agreement and documents related to it unless an exemption under the Public
Records Act or other laws applies.
21. Notices
Except for routine operational communications, which may be delivered personally or
transmitted by electronic mail, all written notices required hereunder shall be in writing and shall
be deemed to have been duly given if delivered personally or mailed first-class mail, postage
prepaid, to the parties at the following addresses:

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 4 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

CITY: OWNER:
Name: Linda Stewart Name: Josh Bond
Title: Neighborhood & Community Services Title: Manager
Director
Address: 1307 West Valley Hwy N Ste 104,
Address: 747 Market St, Tacoma WA 98402 Auburn WA 98001
Telephone No.: 253-591-5225 Telephone No.: 206-575-0555
E-mail: lstewart@cityoftacoma.org E-mail: pcm736@sunbeltrentals.com
Cc: contractteam@sunbeltrentals.com

22. Governing Law and Venue

Washington law shall govern the interpretation of this Agreement. Pierce County shall be the
venue of any mediation, arbitration or litigation arising out of this Contract.
23. Assignment
Owner shall not assign, subcontract, delegate, or transfer any obligation, interest or claim to or
under this Agreement or for any of the compensation due hereunder without the prior written
consent of the City.
24. No Third Party Beneficiaries
This Agreement shall be for the sole benefit of the parties hereto, and nothing contained herein
shall create a contractual relationship with, or create a cause of action in favor of, a third party
against either party hereto.
25. Waiver
A waiver or failure by either party to enforce any provision of this Agreement shall not be
construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of
any other provision of this Contract.
26. Severability and Survival
If any term, condition or provision of this Agreement is declared void or unenforceable or limited
in its application or effect, such event shall not affect any other provisions hereof and all other
provisions shall remain fully enforceable. The provisions of this Contract, which by their sense
and context are reasonably intended to survive the completion, expiration or cancellation of this
Contract, shall survive termination of this Contract.
27. Entire Agreement
This Agreement and any Attachments, as modified herein, contain the entire agreement
between the parties as to the services to be rendered hereunder. All previous and
contemporaneous agreements, representations or promises and conditions relating to the
subject matter of this Contract are superseded hereby. The Parties hereto mutually

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 5 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

acknowledge, understand and agree that the terms and conditions set forth herein shall control
and prevail over any conflicting terms and conditions stated in any attachments hereto.
28. Modification
No modification or amendment of this Agreement shall be effective unless set forth in writing
and signed by the Parties.

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 6 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2

IN WITNESS WHEREOF, the Parties hereto have accepted and executed this Agreement, as of
the Effective Date stated above. The undersigned Owner representative, by signature below,
represents and warrants they are duly authorized to execute this legally binding Agreement for
and on behalf of Owner.
CITY OF TACOMA: CONTRACTOR:
By: By:

(City of Tacoma use only - blank lines are intentional)

Andrew Cherullo
Director of Finance: ______________________________________________________________

Debra Casparian
City Attorney (approved as to form): _________________________________________________

Matthew D Jorgensen
Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Rental Agreement CW#######

Template Revised: 4/19/2019 Page 7 of 7
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 07/29/2019

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 rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
MARSH USA, INC.
NAME:
PHONE FAX
TWO ALLIANCE CENTER (A/C, No, Ext): (A/C, No):
3560 LENOX ROAD, SUITE 2400 E-MAIL
ADDRESS:
ATLANTA, GA 30326
Attn: Atlanta.CertRequest@marsh.com / Fax: 212-948-4321 INSURER(S) AFFORDING COVERAGE NAIC #
CN102671311-SB--18-19 988 AI/GT P/NC E NOC INSURER A : ACE American Insurance Company 22667
INSURED INSURER B : Travelers Property Casualty Company Of America 25674
SUNBELT RENTALS, INC.
2341 DEERFIELD DRIVE INSURER C : Charter Oak Fire Insurance Company 25615
FORT MILL, SC 29715 INSURER D : Travelers Indemnity Company 25658
INSURER E :

INSURER F :
COVERAGES CERTIFICATE NUMBER: ATL-004969983-01 REVISION NUMBER: 2
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 ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,500,000
A X OGLG24876561 09/30/2018 09/30/2019 DAMAGE TO RENTED
1,500,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ SELF-INSURED
$1,500,000 - Self Insured Retention PERSONAL & ADV INJURY $ 1,500,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,500,000
X POLICY PRO-
JECT LOC PRODUCTS - COMP/OP AGG $ 1,500,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 2,000,000
B X ANY AUTO TC2J CAP 9531B41A-TIL-18 09/30/2018 09/30/2019 BODILY INJURY (Per person) $
OWNED SCHEDULED Owned Vehicles BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
B X HIRED X NON-OWNED TC2J CAP 9531B421-TIL-18 09/30/2018 09/30/2019 PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
Rented Vehicles Self Insured for Phy Dmg $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $

DED RETENTION $ $
WORKERS COMPENSATION X PER
STATUTE
OTH-
ER
AND EMPLOYERS' LIABILITY
C ANYPROPRIETOR/PARTNER/EXECUTIVE
Y/N TC2OUB9531B34-1-18 (AOS) 09/30/2018 09/30/2019 1,000,000
E.L. EACH ACCIDENT $
N N/A
D OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) TRKUB-9531B40-8-18 (AZ, MA, WI) 09/30/2018 09/30/2019 E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below 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)
City of Tacoma is listed as Additional Insured with respect to General Liability and Auto Liability, but only to the extent attributable to the Named Insured's negligence, as agreed to by written contract or written
agreement. Named Insured's CGL and Automobile policies are Primary and Non-Contributory, but only to the extent attributable to the Named Insured's negligence, as agreed to by written contract or written
agreement.

CERTIFICATE HOLDER CANCELLATION

City of Tacoma SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
747 Market St., Room 836 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Tacoma, WA 98402 ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.

Manashi Mukherjee

© 1988-2016 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2
DocuSign Envelope ID: 58ED6E75-6F50-4655-9AB1-3BA181D66ED2