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HomeMy WebLinkAboutCAG2002-0450 - Original - Copiers Northwest Corporation - Provide Digial Copiers - 06/25/2002 • KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and COPIERS NORTHWEST CORPORATION THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Copiers Northwest organized under the laws of the State of Washington, located and doing business at 601 Dexter Avenue North, Seattle,Washington 98109. (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Copiers Northwest will provide between 30 and 40 Digital Copiers in accordance with the Contract #05899 entered into between the State of Washington and Panasonic Document Imaging Company ("Contract #05899"), while meeting all criteria in the Request for Proposal #112101 as of December 7, 2001 for the City of Kent. A true and correct copy of Contract #05899 and Request for Proposal #112101 are attached hereto as Exhibits "A" and "B" respectively. Secondly, A Rental Agreement, attached as Exhibit "C," will be used as part of this Agreement. A full list of machines, cost, and locations for the City of Kent is to be followed and implemented within 30 days of signing of this Agreement. Third, The Bulk Pricing Agreement, attached as Exhibit "D," will be used as a "Fleet- Wide-Cost-Per-Copy Rate of $0.01083 in reference from the State of Washington Department of General Administration, Office of State Procurement, dated March 19, 2002, from Dale Colbert State Procurement Officer to Copiers Northwest and City of Kent Purchasing Deparment. All other documents in reference to Request for Proposals by the City of Kent Finance Purchasing Department as of December 21, 2001. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. This Agreement shall remain in force for a period of five (5) years from its effective date. Vendor shall complete the work and provide all goods, materials, and services in accordance with the terms and conditions of this Agreement. GOODS&SERVICES AGREEMENT- 1 (Over$]0,000.00, including WSST) III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $15,000 monthly, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Based on the Rental Agreement attached as Exhibit "C," which lists the individual copy machines per department and equipment features listed according to the schedule submitted to the City of Kent. Secondly, a cost per copy rate of $0.01083 for copies at monthly volume schedules determined and invoiced monthly. Invoices submitted will be paid within 30 days of receipt and acceptance. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement in accordance with Contract #05899, attached as Exhibit "A." If the City terminates this Agreement prior to the expiration of three (3) years of the Contract term, the City shall be responsible for the penalty fees outlined in Contract #05899. However, in the event the City decides to terminate this Agreement after three (3) years of the Contract term have expired, then any penalty fees due under Contract#05899 shall borne by Vendor. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor GOODS&SERVICES AGREEMENT-2 (Over$10,000.00, including WSST) disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS&SERVICES AGREEMENT-3 (Over$10,000 00, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions,instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS&SERVICES AGREEMENT-4 (Over$10,000 00, including WSST) The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, employees, sub- consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage covering all owned, non-owned, hired and leased vehicles. 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 written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an"occurrence"basis except professional liability insurance (if required), which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A:VII. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. GOODS&SERVICES AGREEMENT-5 (Over$]0,000.00, including WSST) XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, GOODS&SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (sign re) 47-- e) Print Name: !M'l a,-- Ef 1'c Print N Jim White Its C E U Its Mayor (Title) (Title) DATE: - Zo - Q 2 DATE: - 'a'5--tos�- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: JL— 14 U R T M W I S T, I N c. City Clerk, Brenda Jacober am nEXIM AML AL City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 253-856-5728 (telephone) (253) 253-856-6700 (facsimile) APPROVED AS TO FORM: Kent City Attorney \\PA\USR\LAW\PUBLICW,,I FORMS\CONTRACTV mtN.C.nt u\GoodeServi .Ag.m lubaadedLS g-0v 10&d.c GOODS&SERVICES AGREEMENT-7 (Over$10,000 00, including WSST) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Vendor awarded the Agreement. I,the undersigned, a duly represented agent of G�l eP 'J v�'�7'` S� Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as�1m-rls S that was entered into on the 6"Z 0"0 gdate) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ For: GOB Title: C C d Date: 6""—?_0--O Z EEO COMPLIANCE DOCUMENTS-2 JUN—cm—�eI&12 11:58 COPIERS NORTHWEST P.02/03 06/20/2002 10:56 2065454849 _ _ C DON FILER AGENCY PAGE 02/03 ACORa,� CERTIFICATE OF LIABILITY INSURANCE DATE o PROOVCER Q06)545-4800 FAX (ZOO)S4S-4849 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C. Don Filer Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,ECTEND OR 4201 Roosevelt Way NE ALTER THE COVERAGE AFFORDED BY THE POLIC IES BELOW. Seattle, WA 981CS-6608 Shari Lofpuist INSURERS AFFORDING COVERACy INSURED Copiers Northwest, InC INSURERA: National Surety Corp. 601 Dexter Ave N INSURER B: Ohio Casualty Insurance Co. Seattle. WA 98109 INSURERC: INSURER D: INSURER E: COVERAGES 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 RMUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L POLICy EF POLICY PIRATION UMTIS TYPE OF INSURANCE POLICY NUMBER pA7E AND DATED GENERALUASIUTY C80SZ2301 09/05/2001 08/05/2002 EAcmoccuRRENcE S 2,000,0001 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any onctro) 1 100 CLAIMS MADE [ ]OCCUR MED EXP piny one person) 8 10. A PERSONAL 6 ADV INJURY S 2,000,00 GENERAL AGGREGATE 1 4,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 1 4,OOO 00 POLICY PRO- LOC JECT AUTOMOBILE LLAINLITY COMBINED SINGLE LIMIT ANY AUTO (Ea�dm) S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per P—) S HIRED AUTOS BODILY INJURY NON.OWNEDAUTOS (Peracddent) 1 PROPERTY DAMAGE 1 (Persodeent) GARAGE Lu0.BUTY AUTO ONLY-EAACCIDENT $ ANYAUTO OTHERTHAN EAACC 1 AUTO ONLY, AGO E EXCESS LIABILITY BX002529M48 10/02/2001 10/02/2002 EACH OCCURRENCE $ 1 000 00 X OCCUR CLAIMS MADE AGGREGATE b 8 $ 1,000, DEDUCTIBLE 1 RETEIMON S $ Th CB0522301 08/05/2001 08/05/2002 TORYLIMIT X R EMPLOYERS'UASUJTY EL EACH ACCIDENT $ 1.000, A E.L.DISEASE-EA EMPLOYEE S 1,000, E,L,DISEASE-POLICY LIMIT $ L OW OTHER DESCRIPTION OF OPERATIONSn OCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTMPECIAL PROVISIONS CERTIFICATE MOLDER X I ADDITIONAL INSURED:INSURER LETTER A CANCELLATION SHOULD ANY OF THE ASOVE DPSCRIBED POLICIES BE CANOE 0 BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS Y mrrEN NOTICE TO THE CERTIFlCATE HOLDER h AMED TO THE LEPT, City of Kent BUT FAILURE TO MAD-SUCH NOTICE$NALL IMPOSE NO OBUGA"IDN OR LIABILITY 220 4th Arne South OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Kent, WA 98032-5$9S REPRESEUAVa ACORD 2"(7197) � ORq CCORATION 1988 UO/LU/LUUL InU 1L;JU MA M 441 010L AVULAL7 IOU 11VA1d I IjUULIVUL AnoRD_ CERTIFICATE OF LIABILITY INSURANCE CSR 40 DATE(MNMM"t) PXE-1 06/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROGERS i Nomaw, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 600 Stewart Street - Ste #k1919 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle VA 98101-1219 Phone:206-443-2600 Saa:206-441-6752 INSURERS AFFORDING COVERAGE INSURED INSURERA American States Insurance INSURER& American Economy C ieHi Northwest, Inc. INSURER J Hines �L��}} Saattleter 9 ne W. INSURER& INSURER E COVERAGES THE POLICIES OF INSURANCE USWD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDrATEO.HOTA7THSTANDING 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 LS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN P L TYPE OF INSURANCE POLICY NUMBER O TE MIOOMI DAATE MYAO LIMITS GENERAL LUABILrTY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE Wry ens ere) S CLAIMS MADE OCCUR MED EXP(Any one pereen) S PERSONAL&ACV INJURY S GENERALAGGREGATE 3 GEML AGGREOATE LIMIT APPLIES PER' PRODUCTS-COMPIOP AGG S voucY Loc AUTOMOBB.E LJABRJ TY COMBINED SINGLE LIMIT S 1000000 8 X ANYAUTO 02CC743366 12/19/01 12/19/02 (Ea eotlaenq ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PKPan) s rro HIRED AUTOS BODILY INJURY $ NON-OWNEDAUTOS (Peraamenq PROPERTY DAMAGE S (Par aoridenq GARAGE AUTO ONLY S ANYAUTO OTHER THAN FAACC S A S AUTO ONLY AGG s ExcESSI-A ILrrY EACH OCCURRENCE $1000000 A X OCCUR F7 CLAJMSMADE 01XS12676-1 12/14/01 12/14/02 AGGREGATE $1000000 S DEDUCTIBLE s RETENTION S S WORKERS COMPENSATION AND AT TORY UMTTS ER EMPLOYERS UANLrTY EL EACH ACCIDENT S E L DISEASE-EA EMPLOYE S E.L.DISEASE-POLICY LIMIT j S OTHER DESCRIPTION OF OPERATIONSA=ATONSNEHKXESIEXCLUSIONS ADDED BY ENDORSEMeNTJSPEQAL PROVISIONS City of !Cent is named as additional insured as respects insured operations. CERTIFICATE HOLDER N I ADDmoNAL INSURED;INSURER LETTER:_ CANCELLATION P3MTCIT SHOULD ANY OF THE ABOVE DESCRIBED POUMM BE CANCELLED BEFOW THE EXPIRA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30_DAYS WRMU NOTICE TO THE CfIW 0E6N I11EA5E L BI�Ep(URE TO DO SO SHALL City OP Kent IMPOSE NO NO OBLIGATION TASK ��OF 1111�V�NENNINSURE a ITS AGENTS OR 220 4th Avenue S. 'Tk !Cent WA 99032-5895 AUTHORIZED RE YA'NVIE James G. gers ACORD 25-S(7197) OACORD CORPORATION 1998 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR 40 1 DATE(M MIDD/YY) OPIE-1 06/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROGERS 6 NORMAN, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 600 Stewart Street - Ste #1919 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101-1219 Phone: 206-443-2600 Fax:206-441-6752 INSURERS AFFORDING COVERAGE INSURED INSURER A. American States Insurance INSURER B American Economy Copiers Northwest, Inc.John Hines INSURER 601 Dexter Avenue N. INSURER Seattle WA 98109 INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDrM DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S CLAIMS MADE 7 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO 02CC743366 12/19/01 12/19/02 (Es accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY = SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG S EXCESS LIABILITY EACH OCCURRENCE $1000000 A X OCCUR CLAIMSMADE 01XS126767 12/14/01 12/14/02 AGGREGATE $ 1000000 s DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS ER EMPLOYERS'LIABILITY E L EACH ACCIDENT $ E L DISEASE-EA EMPLOYEE S E L.DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS City of Kent is named as additional insured as respects insured operations. CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION K,NTCIT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3D—DAYS WRITTEN NOTICE TO THE CriQpE fILI�DF$ ZHEAfiFI,B ffiM�RE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION IAB TY OF N TAE INSURER,ITS AGENTS OR 220 4 th Avenue S. REPRESENTATWf Kent WA 98032-5895 [AUTHORIZEDREPRE TATIVEames G. ers ACORD 25-S(7197) CACORD CORPORATION 1988 f Current Contract Information fc-�e 4 Contract No. 05899 PANASONIC CONTRACTOR INFORMATION Contractor: Panasonic Document Imaging Company Federal ID No.: 36-2786846 Supplier No.: 6442 Delivery time: 30 days After Receipt of Order(ARO) Payment terms: 0% 30 days Shipping destination: Freight on Board(FOB)destination Freight: Prepaid and included Credit card acceptance: Visa, MasterCard, &American Express Contacts: Contact Alternate Contact Bid &Contract Department Contact: Kirk Studebaker Contact: Don Ierely Phone: 763-856-6438 Phone: (800) 742-4688 Fax: 763-856-6439 Fax: (201) 271-3020 Email: Studebakerk�a,panasonic.com Email: ierleyd@panasonic.com. Customer Service/Order Placement Connectivity Network Support Contact Contact: NAP Operations Contact: Frank Siegel Phone: 800-545-5095 Phone: 360-571-8252 Fax: 201-348-7780 Fax: Email: Email: Siegelf@panasonic.com Addresses for Purchases Orders to be sent to: Billing will be from: Payments to be Sent: NAP Operations NAP Credit PCSC/OPG 2 Panasonic Way 7F-8 2 Panasonic Way 717-8 PO Box 905400 Secaucus NJ 07094 Secaucus NJ 07094 Charlotte NC 28290-5400 Addresses for Rentals Rental Orders to: Rental Billing from: Rental Payments to: PDIC PDIC PDIC PO Box 7023 PO Box 7023 PO Box 7023 Troy MI 48007-7023 Troy MI 48007-7023 Troy MI 48007-7023 7 SPECIAL TERMS AND CONDITIONS 1. UNACCEPTABLE COPIER PERFORMANCE (FAILURE) Copiers that develop a trend of requiring an excessive number of service calls shall be reported by the using agency to the contractor and OSP for review and possible replacements. Contractors are to provide service log reports upon request from OSP and/or end users. Such logs are to describe service and repairs for specific end user's machine(s) and are to be provided within five working days. A. In the Case of equipment purchased and/or rented via this contract, if the contractor feels that the excessive service calls are the result of the use of competitively bid copier supplies (excluding paper), contractor must submit detailed records to OSP substantiating that position. B. In the case of rental equipment, the agency and contractor, with OSP's assistance, will resolve the issue on unacceptable copier performance whenever possible. In cases where this is not possible, OSP will be the determining party. C. If the contractor feels that excessive service calls are the result of operator or agency problems, their position must be documented and supplied to the State Procurement Officer administering this contract for review, evaluation and correction if required. Contractor shall provide additional training to customers as necessary to help alleviate problems encountered. D. All cases of replacement, copiers will be like-for-like equipment except when the contractor has substituted new equipment as provided for in this contract. 2. SALES AND SERVICE/REPAIR FACILITIES Bidder shall provide a list of authorized sales, authorized service/repair facilities, and warehouse location(s) for parts and supplies for the State of Washington and an additional list for the State of Oregon that will honor the terms and conditions established in this contract for sales and service requirements and warranty of contract items. The lists are to include the authorized facilities' name, address, telephone and fax numbers, contact person and territory covered. For "Territory Covered" bidder is to identify on the attached maps (see Section III, Bid Submittals) the above named locations and those counties served by them. Bidder is to further identify areas on the maps where a four-hour response time can be reasonably expected and where 24-hour response time is expected. Contractor must provide immediate attention to problem areas as they arise regardless of location. Response time is defined/required as four working hours within a 75 mile radius of service representation and 24 consecutive hours in outlying areas. Response requirements are further defined in paragraph 16. Evidence showing qualification of each facility to perform sales, service, maintenance, and parts availability must be included as follows: • Bidders to further describe in detail their overall statewide (Washington and Oregon) service capabilities in the performance of contractual requirements. Descriptions are to include, but not limited to, the number of sales facilities/representatives, service facilities/representatives, and parts and supplies warehouses throughout the states of Washington and Oregon as well as the territories covered. State of Washington and Oregon maps are provided for further identification of locations, territory covered, and response times. • Bids submitted are to include a letter signed by each dealer certifying full understanding and compliance with bid terms, conditions, sales and servicing requirements. 17 Current Contract Information Contract No. 05899 3. WARRANTY(IES) Supplier will submit a copy of warranty with items delivered under this contract. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of 90 days after receipt of materials or equipment by the Purchaser. During the warranty period all required copier supplies (except paper)are to be provided at no charge. Bidders providing warranty period exceeding 90 days are to provide price lists for supplies (except paper). The State will monitor pricing for supplies (except paper)during the term of the contract and will expect supplies to be price competitive with the market Warranty period for each machine bid shall be shown on price sheets. A copy of warranty is to be submitted with bid response. 4. MAINTENANCE and SERVICE RESPONSE MAINTENANCE For this contract, maintenance is defined as the service required to maintain a copier at performance levels equal to or greater than the performance specifications specifically stated for this contract. Maintenance is to include the service component as well as drums and developer. It is also to include, but not be limited to, two preventative maintenance (cleaning and inspections) call per year or as recommended by the manufacturer. For Maintenance programs with supplies, supplies are defined as also including toner and staples (paper is not included). All maintenance shall be performed by factory trained personnel. Equipment shall be maintained in accordance with factory published specifications. Bidders are to submit with bid response proposed pricing for maintenance on a cost per copy basis for programs WITH supplies except paper. A full description of maintenance program(s) being offered is to be provided with response. As an option, bidders may list any available maintenance (preventative or otherwise) options they feel will be of interest to the state. Bidders may also offer as an option, additional cost per copy step pricing for maintenance and supplies. Bidder to indicate price breaks on price sheets. Bidder to provide cost options consistent with forms provided and a description of services. The state will select or reject options at the time of award. Failure to provide this information with bid response may result in finding your bid non-responsive. SERVICE RESPONSE Service is to be available on a statewide basis for the States of Washington and Oregon. For this contract, customer defines response time as the allowed time for service personnel to arrive at the customer location after notification. For customers within a 75-mile radius of available service locations, contractor will respond within four (4) working hours. For an all other locations response time shall be within 24 consecutive hours. Contractor will respond to end user needs within four (4) working hours of notification that unit requires repair for those customers within a 75-mile radius of available service locations. For all other locations, response time shall be within 24 consecutive hours. Additionally, a four-hour response time shall be considered mandatory for King, Pierce, Spokane, and Thurston counties for Washington State. Continued instances of late responses may lead to corrective action per Competitive Procurement Standards, Section III, paragraph 34. End users are to notify OSP of late responses. 18 Current Contract Information Contract No. 05899 5. SPECIAL PROMOTIONS During the contract period, the State Procurement Officer will consider any special promotions, wherein the contractor is offering lower pricing for a specified length of time, a part of this contract upon approval. OSP may require at least thirty(30) days prior notification for review and evaluation. Upon acceptance of any special promotion, a Current Contract Information document will be issued to notify all end users of the promotion. Contractor will be notified of non-acceptance of any special promotion considered to not be in the best interest of the State. 6. BULK PLACEMENTS Contractor may offer discounts or price breaks on the services, purchase price and/or rental plans to those customers who require placement of five (5) or more machines at one time. Also, contractor may offer discounts for excessive amounts of copies. For any bulk buy placement, a minimum of (80%) eighty percent of the total acquisition dollar amount shall be generated from machines listed on OSP managed contracts. To meet client needs, the contractor may offer non-contract equipment from their current product line or subcontract with other suppliers(s) for the remaining dollar amount, not to exceed 20% of the total acquisition cost. To meet client needs, this amount may consist of non- contract equipment. Before taking advantage of the Bulk Placements provision, state agencies and political subdivisions are encouraged to consult with the State of Washington Department of Printing to discuss the potential of the Facility Management program. Bulk placements for state agencies must include consideration for the use of existing State Printer Facilities. Under separate statue, DOP provides a facility management program that fully manages the customer's printing requirements, reduces overall cost, and allows employees to concentrate on their core operational functions. Copiers may be acquired directly by the DOP on behalf of their clients. In any facility management designated procurement, DOP may utilize the bulk buy provisions of this contract. For this provision to be in effect, each bulk placement or discount program must be reviewed and authorized by OSP after significant input from DOP. 7. RENTAL PLANS The following rental plans are to be available: A. Twenty-four(24) Months Rental: Provides for 24 months of rental from date of installation. B. Thirty-six (36) Months Rental: Provides for 36 months of rental from date of installation. C. Forty-eight (48) Months Rental: Provides for 48 months rental from date of installation. (*optional) D. Sixty (60) Months Rental: Provides for 60 months of rental from date of installation. (*optional) The awarded contract will include pricing for some or all of the above rental programs (48 and 60 month rental plans may be considered optional*). However, some end users may require month to month (not to exceed 9 months) rentals and annual rental terms. Although not shown in this contract, contractors may offer these types of rental programs to those who require them. Pricing for such rental terms is to be consistent with contract pricing utilizing the same pricing methodology as costs shown on the contract. 19 Current Contract Information Contract No. 05899 8. RENTAL/PURCHASE TERMS AND CONDITIONS A. ORDERING: User agencies, Political Subdivisions and Non-Profit Corporations will issue Field Orders or Purchase Orders for all rentals and purchased equipment. Manufacturer's rental agreements are not required. This contract will constitute the complete agreement. The order will indicate model with accessories, purchase price or rental plan, shipping/installation instructions and other pertinent data. The state will not accept proposed terms and conditions that are different from those contained in this IFB B. CHARGES &FEES The rental charges (base monthly charge) will be inclusive of equipment rental, installation/removal charges. Maintenance programs will be separate on a cost per copy basis. Bidder to indicate on price sheets any pricing options/step pricing for volumes, if applicable. C. INSTALLATION a. Terns: Installation and/or removal of equipment shall be performed in a professional manner. The premises shall be left in a clean condition. The State reserves the right to require Contractor to repair all damages and/or provides full compensation as determined by the state. . Prior to installation, end users are to be aware of electrical requirements for the requested copier(s). All conversions to the correct power source should be completed prior to arrival of copier. Bidders are to include electrical requirements on price sheet. b. Cost: Installation and removal costs shall be included in proposed pricing for equipment offered. C. Installation of equipment that includes network connectivity capabilities must be coordinated with the end users internal Information Services (IS) personnel in charge of the computer network to which the copier will be connected. d. Connectivity Service Support: Service Support is to be available to coordinate installation with agency personnel and be available to answer questions and concerns on equipment installed. Personnel in charge of the installation of digital equipment must be available to coordinate installation with ordering agency internal staff in charge of the network. Service support, knowledgeable in digital equipment, will be required to provide all necessary maintenance and repair. e. Telephone Support: Bidders are to provide an 800 telephone number for service support. Reference Section III. D. TRAINING Contractor shall provide end users with in-house training within five working days of installation of equipment or as arranged by agency personnel. Training to include, but not limited to, standard functional use of machine to networked end users as well as training to any assigned agency personnel to enable them to instruct others. Bidders to include in Section 1I1, Supplemental Information, an attached letter identifying bidder's ability to provide training. E. NEWLY INSTALLED COPIER PERFORMANCE End user will evaluate performance of newly installed equipment for a 90 day period after installation. If the machine's performance is unacceptable or the unit is not capable of handling the volume specified, the contractor agrees to either provide a replacement machine at no additional cost or cancel the rental or purchase agreement for that location and remove the equipment at no charge. 20 Current Contract Information Contract No. 05899 F. LOANERS a. TRANSPORTATION: All transportation, delivery, installation or removal charges of LOANER equipment will be paid by the contractor. b. REPAIR: A copier under any rental or maintenance agreement which is non- operational and cannot be repaired within 16 working hours of notification that service is required, will be replaced with a loaner unit until repairs are completed. Loaner equipment does not have to be the same model, but must perform the same functions as the equipment being repaired. In the case of copiers needing repair, but which are still partially operable, requirements and arrangements for loaner equipment will be made between the contractor and customer. If no agreement can be reached, the State Procurement Officer administering this contract will make the final determination. C. NEW AND NEWLY MANUFACTURED EQUIPMENT: If requested equipment (purchased or rental) cannot be supplied within the contractor's specified delivery time, substitute equipment, of equal or greater performance capabilities must be temporarily installed pending the installation of the requested new equipment. G. RISK OF LOSS OR DAMAGE The State of Washington shall be relieved from risks of loss or damage to all equipment rented or purchased during the period of transportation prior to installation. H. CANCELLATION: Thirty days prior to completion of any rental agreement, end users may cancel without penalty with written notification to contractor. Further, due to non-appropriation of funds, any rental plan may be canceled without penalty at the end of any fiscal year with thirty days prior written notification to the contractor. I. EARLY TERMINATION CHARGES Early termination charges may be charged if a rental agreement is canceled prior to the end of rental term or is otherwise inconsistent with cancellation paragraph I above. Bidders are to include early termination charges not to exceed a maximum of four times (four months) the base monthly rental charges. Bidder to indicated on price sheets number of months end user will be charged as a penalty for early termination. Termination charges will not apply to those rental plans canceled due to non-appropriation of funds, or for upgrading or downgrading models by the same manufacturer. J. EQUIPMENT RELOCATION/TRANSFER The State of Washington shall be allowed to move or transfer copier equipment from one agency location to another (within the same agency or transfer to another agency) as deemed necessary with no change to rental or maintenance plans. No installation or removal charges will be billed either locations, however, rigging charges may be charged. 21 Current Contract Information Contract No. 05899 K. MODEL UPGRADES AND DOWNGRADES To meet end users changing needs and requirements, flexibility for upgrading • and downgrading equipment with the same company and/or manufacturer throughout this contract will be allowed. Newly placed or installed copier(s) will be considered the start of a new rental term. 9. TECHNICAL ADVANCES/UPGRADES A. For equipment already in place: During the life of this agreement, the contractor agrees to install, at no additional cost to the end user, all manufacturer's retrofit upgrades within 90 days of the date the upgrade is introduced by the manufacturer. Upgrades to existing equipment will not change existing rental/maintenance programs. The State Procurement Officer administering this contract is to be notified by the contractor(s) immediately of manufacturer's retrofit upgrades. Any accessories (such as additional RAM added to digital equipment) installed onto rented or purchased equipment will not be considered the start of a new rental/maintenance plan even though monthly rental costs may have increased or decreased. Cost for accessories that may be added to equipment after installation are to be provided on price sheets. B. Models offered on Contract: the state reserves the right to accept upgrades to models on the contract when the upgrades improve the equipment operations or improves the efficiency of the equipment. Such upgraded model(s) added to the contract are to be at the same price or same pricing methodology as the original model(s). 10. ADDITIONS TO CONTRACT A. NEW EQUIPMENT: In conjunction with the Competitive Procurement Standards, Section II, paragraph 31, any new equipment accepted by the state may be added to this contract and/or substituted for a discontinued model. Evidence of equipment discontinuation must be provided from the manufacturer, acceptance of which shall be the at the discretion of the State. New models shall meet or exceed all bid specifications of original equipment award. No more than two models per category will be allowed/awarded to a single contractor. Replacement copiers for discontinued models will only be accepted if provided at the same pricing methodology or better as the replaced model. Thirty days prior notification to OSP is required. B. ADVANCES IN TECHNOLOGY: The State of Washington recognizes that technology is rapidly changing. In conjunction with Competitive Procurement Standards, Section 11, paragraph 31, the State of Washington reserves the right to add any new technology to this contract in the best interest of the state. This does not preclude the state from re-bidding all or portions of this contract to facilitate significant advances in technology. 22 Current Contract Information Contract No. 05899 11. YEAR 2000 COMPLIANCE WARRANTY Contractor warrants fault free performance in the processing of date and date related data including, but not limited to calculation, comparing, and sequencing by all Equipment and Software provided pursuant to this Contract, individually and in combination, when used in accordance with the product documentation provided by the Contractor. Fault free performance shall include the manipulation of this data when dates are in the 20'h or 2 1"centuries and shall be transparent to the user. 12. FINANCING FOR WASHINGTON STATE AGENCIES (LEASING): With certain limited exceptions, Chapter 39.94 RCW requires that all Washington State agencies obtain financing for equipment through the Office of the State Treasurer where the total cost of the property is more than $10,000 and the term of the lease is more than one year. Regardless of agency intent, a lease is a"financing lease" if any one of the following criteria is met: a. The present value of lease payments is equal to 90% (or more) of the fair market value of the equipment. b. The term of the lease extends for 75% of the remaining useful life of the equipment. C. The lease provides for a "bargain purchase option" (less than fair market value) at the end of the lease. d. The lease provides for transfer of ownership at the end of the lease. The State Treasurer may waive the mandatory requirements. This is done infrequently and only on an individual transaction basis. There are no blanket waivers provided to vendors or agencies. All requests for financing must be submitted by the end user/agency. The State Treasurer does not evaluate transactions on behalf of a vendor. This clause does not include political subdivisions requiring financing(leasing)for equipment available on this contract. Financial arrangements may be obtained by political subdivisions in accordance with their rules and regulations from companies specializing in this type of financing. 23 The City of Kent Requested Equipment Rental Specifications and Pricing Request for Digital Multifunctional Copiers December 7, 2001 Prepared by: Impact Technology Group 40 NW Alder, Suite 202 Issaquah, WA 98027 (425) 313-8886 www.4itg.com The methodology and information used to develop this document is an Impact Technology Group, ITG, proprietary work product and may not be used, disclosed or reproduced without the prior written consent of ITG. Specific information contained within this document is proprietary to The City of Kent and may not be used, disclosed or reproduced without the prior written consent of The City of Kent. THE CITY OF KENT Requested Equipment Rental Specifications and Pricing Form For DIGITAL MULTIFUNCTIONAL COPIERS A. Equipment Rental Pricing Rental pricing for each system category must be listed separately. All system pricing must be based on new equipment. No remanufactured, reconditioned or used equipment will be accepted. Bulk Placements discounts are permissible and must be specified in Section V. Contractor may offer discounts or price breaks on the services, purchase price and/or rental plans to customers who require placement of five (5) or more machines at one time. In addition, contractors may offer discounts for excessive amounts of copies. For any bulk buy placement, a minimum of(80%) eighty percent of the total acquisition dollar amount shall be generated from machines listed on OSP managed contracts. To meet client needs, the contractor may offer non- contract equipment from their current product line or subcontract with other suppliers(s) for the remaining dollar amount, not to exceed 203Kof the total acquisition cost. To meet client needs, this amount may consist of non-contract equipment. Contractors will file their Sulk Buy proposals with the Contract Administrator. (Contract 05899, Special Terms & Conditions, Number 6.) B. Rental/Service Contract Term The term of this Contract shall be three (3) years, commencing on the date of execution of this Contract. Upon mutual written consent, this Contract may be extended for two (2) additional one-year periods. During extension periods, all terms and conditions of the existing Contract shall remain in effect except those amended for the extension period and agreed to in writing by the City and the selected vendor. All extension periods will comply with the terms and conditions of State Contract #05899. C. Guaranteed Service Response Time In accordance to the terms and conditions of State Contract #05899, (Special Terms and Conditions, Number 6, BULK PLACEMENTS), The City requests: 1 . A callback within one (1) hour after notification to Vendor of equipment malfunction. If the problem is not resolved via phone, Vendor agrees to provide a properly trained and equipped repair technician at the location of the copy system within four (4) working hours of being notified of equipment malfunction. 2. In the event the Vendor does not respond to a service call within four (4) working hours, a credit will be issued to the City for 1000 copies per machine for that particular copier for that day, and each day thereafter that no response is received from the vendor. City of Kent Equipment Rental Specifications 2 Impact Technology Group December 7, 2001 ©Copyright 2001 3. The repair technician will complete functional testing of equipment at the work location when repair is completed and then secure an authorized City acceptance signature. If unable to repair the malfunction within eight (8) hours of notification, the Vendor will provide temporary equal or better equipment replacement within twenty-four (24) working hours of original notifications. The City will not pay additional costs for substitute model. 4. In the event that the Vendor does not provide a temporary replacement within the twenty-four (24) hours, a credit will be issued to the City for 1000 copies per machine for the day the Vendor was notified of the malfunction, and each day thereafter that the copier is not replaced or repaired. Vendor Response: D. Payment/Invoices Invoice shall be furnished, in triplicate, on a monthly basis and delivered to: City of Kent Purchasing/Customer Services 220 Fourth Avenue South Kent, Washington 98032 Invoices must contain the following information per system: 1 . Model Number 2. Serial number 3. Location 4. Monthly Base Rental 5. Previous Month and Current Month Meter Readings 6. Copy Credits 7. Total Charges Invoices that do not contain the above information will be returned to the Vendor unpaid for correction. E. City Taxation Vendor will be required to obtain a City of Kent business registration pursuant to City of Kent Ordinance Number 3132. F. Payment Procedures Thirty (30) days after receipt of a properly prepared invoice, the City will pay the Vendor for authorized services satisfactorily delivered. Acceptance of such payment by the Vendor shall constitute full compensation for all supervision, labor, supplies, materials, work equipment and the use thereof, and for all other necessary expenses incurred by the Vendor in performing these services. City of Kent Equipment Rental Specifications 3 Impact Technology Group December 7, 2001 ©Copyright 2001 G. Reports The City of Kent requests the Vendor furnish a summary report on a semi-annual basis for all system service calls listing serial number, date and time it took to respond to each call, and the nature of the problem. The normal State report prepared for Washington State Contract #05899 activity may apply. Vendor Response: H. Copy Credit In accordance to the terms and conditions of State Contract #05899, (Special Terms and Conditions, Number 6, BULK PLACEMENTS), The City requests copy credits be given for system related poor copy quality copies. Copies made during installation, customer training, and equipment servicing will also be credited. The number of copies for which a credit is due will reduce the total number of copies to be billed for the billing cycle in which the copy credits were recorded. Copy credit will be included on the monthly invoices. Prior to the award of the Contract, the Vendor and the City will agree on the quality of the copy to be expected from each piece of equipment to be installed. Vendor Response: I. Delivery and Installation Specify the time for delivery and installation of copiers after written notice to proceed is given by the City. Vendor Response: I. Set-up/Removal Charges The City will not be liable for any set-up, installation, or removal charges for any equipment provided by the Vendor. K. Relocation Charges The City requests Vendor be responsible to move copiers from one location within the City Hall to another. Travel time to and from Vendor's plant or other vendor facility, will not be paid by the City. Vendor Response: L. Key Operators The City will assign key operators to each system installed. Key operators will be responsible for reviewing copy quality and relieving paper jams in the system, adding toner, cleaning the platen glass, and taking meter readings. Key operators will not be responsible for performing any other maintenance functions on the equipment M. Training City of Kent Equipment Rental Specifications 4 Impact Technology Group December 7, 2001 ©Copyright 2001 Vendor shall be responsible for training all key operators in the use of copiers. All training shall be at no charge to the City. N. Indemnification To the maximum extent permitted by law, the Vendor shall be liable for, and shall indemnify and hold the City harmless from all damages, injury or death caused to persons or property, including all subcontractors and employees. The Vendor further agrees to defend the City and its officials and employees in all legal proceedings or claims with third parties connected with the Vendor's performance, and to pay all expenses, including reasonable attorney's fees incurred by the City directly or indirectly on account of such legal proceedings, and to satisfy any judgment rendered in connection therewith, or to reimburse the City's payment of any sums reasonable to settle such proceedings or claims. O. Hazardous Chemical Communications In order to comply with WAC 296-62-054, Hazard Communication, the Vendor must submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to all specific delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product actually used is diluted, the dilution rate should be stated in the MSDS as well as hazards, corresponding personal protection, etc. C. A statement as to the intended use of the product. P. Manufacturer's Published Specifications A copy of the manufacturer's published specifications must be submitted as an attachment to this Equipment Rental Specification and Pricing Form. These published specifications will be used to verify compliance with the City's requirements contained herein and must therefore specifically address these requirements. City of Kent Equipment Rental Specifications 5 Impact Technology Group December 7, 2001 ©Copyright 2001 Q. References The City requests five (S) references from customers in the Kent area that have had the proposed brand of copiers installed for the past three (3) years. If possible, include references which have systems connected to a network. References may not be within the Vendor's own organization or subsidiary. The reference should include the following: • Contact Person's Name • Company Name • Company Address • Position Title • Telephone Number • Facsimile Number • E-mail Address • Brief Description of o Systems under contract o Copy/Print Volume o Network Environment, if applicable The City shall be the sole judge in determining a satisfactory/unsatisfactory reference response. Vendor Response: R. Vendor Equipment Demonstration A City Committee will attend a system demonstration at the vendor location, or if acceptable to the City, the vendor can demo the systems at a customer site. Each proposed system must be available for testing. A date and time for the system demonstrations will be confirmed with each vendor. The committee must be able to observe and test at least one of the proposed systems connected to a network. The City will supply test documents. City of Kent Equipment Rental Specifications 6 Impact Technology Group December 7, 2001 ©Copyright 2001 S. System Specifications There will be five (5) Categories of Systems and a total of thirty-eighty (38) copiers. The City understands the vendor will propose equipment on State Contract 305899. The specifications below are requested, not required. System I: Category 5 Number of Systems: Ten (10) Category "5" Systems Total Minimum Monthly Volume: 175,000 copies per month, for the combined Category "5" Systems. Specifications for Category "5" Systems: 50 Copies-Per-Minute, target model features: - Unlimited Sorting - 3-Position Stapling - Cover Sheet Mode - Insert Mode - 4-paper sources to include a large capacity letter drawer (includes bypass) - 1 :1 , 1 :2, 2:2, 2:1 - Energy Star-Compliant - Low operating noise level Ability to copy from: - Statement to ledger size documents - Books - Newspapers, - Magazines, - Pencil - Highlighter - Photo Ability to copy onto: - Statement to ledger size paper - Letterhead - Transparencies - Covers - Index stock; sped maximum paperweight. - Labels - Recycled paper Additional features: - Account codes; specify maximum number of account codes - Interrupt key City of Kent Equipment Rental Specifications 7 Impact Technology Group December 7, 2001 ©Copyright 2001 - Job memory - 2-, 4-in 1 modes - Margin shift Network Requirements: - Microsoft NT/Windows - Ethernet TCP-IP - CAT 5, 10/100 Base T - Novell NetWare 5.1 - Windows 95, 98, 2000 System Options: (to be priced individually) - Scanner - 4 position stapler/2 - 3 hole punch System 2: Category 4 Number of Systems: Five (5) Category "4" Systems Total Minimum Monthly Combined Volume: 48,000 copies per month for the combined Category "4" Systems. Specifications For Category "4" Systems: 40 Copies-Per-Minute, target model features: - Unlimited Sorting - 3-Position Stapling - Cover Sheet Mode - Insert Mode - 4-paper sources (includes bypass) - 1 :1 , 1 :2, 2:2, 2:1 - Energy Star-Compliant - Low operating noise level Ability to copy from: - Statement to ledger size documents - Books - Newspapers - Magazines - Pencil - Highlighter - Photo Ability to copy onto: - Statement to ledger size paper - Letterhead - Transparencies - Cove rs - Index stock; s eci maximum paperweight. - Labels City of Kent Equipment Rental Specifications 8 Impact Technology Group December 7, 2001 ©Copyright 2001 Recycled paper Additional features: - Account codes; specify maximum number - Interrupt key - 5 job memory - 2-, 4-in 1 modes - Margin shift Network Requirements: - Microsoft NT/Windows - Ethernet TCP-IP - CAT 5, 10/100 Base T - Novell NetWare 5.1 - Windows 95, 98, 2000 System Options: (to be priced individually) - Scanner System 3: Category 3 Number of Category 'T' Systems: Ten (10) Category 'T' Systems Total Minimum Monthly Combined Volume: 50,000 per month for all Category "T' Systems Specifications for Category 'T' Systems: 30 Copies-Per-Minute, target model features - Unlimited Sorting - 1 -Position Stapling - Cover Sheet Mode - Insert Mode - 4-paper sources (includes bypass) - 1 :1, 1 :2, 2:2, 2:1 - Energy Star-Compliant - Low operating noise level Ability to copy from: - Statement to ledger size documents - Books - Newspapers, - Magazines, - Pencil - Highlighter - Photo Ability to copy onto: - Statement to ledger size paper City of Kent Equipment Rental Specifications 9 Impact Technology Group December 7, 2001 ©Copyright 2001 - Letterhead - Transparencies - Covers - Index stock; sped maximum paperweight. - Labels - Recycled paper Additional features: - Account codes; specify maximum number - Interrupt key - 5 job memory - 2-, 4-in 1 modes - Margin shift Network Requirements: - Microsoft NT/Windows - Ethernet TCP-IP - CAT 5, 10/100 Base T - Novell NetWare 5.1 - Windows 95, 98, 2000 System Options: (to be priced individually) - 2 & 3 hole-punch - Scanner - Envelope tray System 4: Category 2 Number of Category "4" Systems: Ten (10) Category "2" Systems Total Minimum Monthly Combined Volume: 25,000 copies per month for all Category "2" Systems Specifications: 20 Copies-Per-Minute; target model features; - Unlimited Sorting - 1 -Position Stapling - 3-paper sources (includes bypass) - 1 :1, 1 :2, 2:2, 2:1 - Energy Star-Compliant - Low operating noise level Ability to copy from: - Statement to ledger size documents - Books - Newspapers, - Magazines, City of Kent Equipment Rental Specifications 10 Impact Technology Group December 7, 2001 ©Copyright 2001 - Pencil - Highlighter - Photo Ability to copy onto: - Statement to ledger size paper - Letterhead - Transparencies - Covers - Index stock; specify maximum paperweight. - Labels - Recycled paper Additional features: - Account codes (Specify maximum number) Network Requirements: - Microsoft NT/Windows - Ethernet TCP-IP - CAT 5, 10/100 Base T - Novell NetWare 5.1 - Windows 95, 98, 2000 System Options: (to be priced individually) - Scanner System 5: Category 1 Number of Systems: Three (3) Category "1" Systems Total Minimum Monthly Combined Volume: 2,000 copies per month for all Category "1 " Systems Specifications: 10 Copies-Per-Minute, target model features: ADF, automatic document feeder 2-paper sources (includes bypass) 1 :1 Energy Star-Compliant Low operating noise level Ability to copy from: - Statement to ledger size documents - Books - Newspapers, - Magazines, - Pencil - Highlighter - Photo City of Kent Equipment Rental Specifications 11 Impact Technology Group December 7, 2001 ©Copyright 2001 Page 1 of 1 Vetsch, Thomas From: Judi Baker Ucbaker@ix netcom.com] Sent: Friday, December 07, 2001 11:43 AM To: Mark Petrie; Myrna Busick Cc: Thomas Vetsch; Dale Colbert Subject: City of Kent, Request for#05899 Rental Pricing Please find the attached requested specifications regarding Digital Multifunctional Copiers for the City of Kent. The City requests Copiers Northwest to respond with State Contract#05899 rental pricing. Pricing shall include individual rental pricing for each system category,with a separate "cost-per-copy" service maintenance agreement. The equipment will be under a rental contract for a minimum of three (3) years, with two one(1)year rental term options. You are encouraged to utilize the Bulk Placement Terms and Conditions when responding to this request. The Office of State Procurement,Washington State Department of General Administration, will review and approve all equipment and pricing prior to the City of Kent issuing a purchase order. Judi Baker will be the City contact person for any questions or concerns. Judi can be reached at(425) 313-8986 or-judi@4itg.com. Please provide the attached information and pricing on or before December 27,2001. The City requests five (5) copies of your response and one (1)diskette. Deliver to: City Clerk's Office, 1 st Floor City of Kent 220 Fourth Venue South Kent, Washington 98032 Thank you. The City of Kent looks forward to your response. Judi C.Baker Impact Technology Group judi@4itg.com www.4itg.com 12 j7/2001 T T ('7 CM ('7 cM Cl) c'M c'M M M C7 m CV) CV) o2 a an. aaan. an. aaan. r Li o000000000000 1 ONOOOOOOOI� OcOOD w co 0 (O to O O O O O I� O N M V 0 N A M O O to � (O 01 00 O O tp M t� Ln T .- T f� tt �t (O W 0 O O y T T T T ca 4 U Y y •C > C tll N N � O O C Q m > � � 1 E O O O ram. V im► O U E O Q I- (n � < U) vl J w O w � w N N O ? ; N CD\"s UU (niiii5aaaaa LL m ZTNMd (Ot01" 000AOr � � In In O T. o CO 00 1. co U N N O N � J J 0) V, 11, U Q LL L- C) O T T O O 0 co co o 2 a M U LO F- Q coo co IZ � N 0 NLO O `. 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Box 41017.Olympia, Washington 98504-1017.(360)902-7400 http•//www ga.wa.gov/proc.htm March 19, 2002 Myrna Busick Copiers Northwest 6501 Dexter Ave Seattle, WA 98109 Dear Ms Busick. This letter is in response to your offer of a BULK PLACEMENT of 38 machines for the City of Kent utilizing contract 05899 terms and conditions. Specifically Section V, paragraph 11, Bulk Placements which requires approval by our office. All machines to be used are currently on State Contract. A review of your offer has been completed. It was found to be consistent with the contract requirement. The State Printer was consulted. Approval is hear-by granted via this letter for the one time bulk placement granting 5 year pricing for a 3-year commitment as proposed for the City of Kent. In addition the fleet-wide cost per copy of$0.01083 is also approved. The proposed charges for connectivity are modified. Panasonic will provide the City training for system operation and installation. It is understood that the installation-training portion will take no longer than four (4) hours, and that all such training will be billed at Panasonic's government rate of$150.00 per hour. It is further understood that this four-hour installation training will enable the City to install all 38 machines, thus saving $3162.00 in service costs. Systems training in addition to the above may be included only at the request of the City, and shall be charged at the same hourly rate as that detailed and accepted. These elements of the proposal have been accepted because they offer the City an overall saving and represent an improvement in placement. Please note that this office must review any changes to this bulk placement, and that future offers for other bulk placements must be approved in advance by OSP. As always, this letter becomes part of the procurement documentation, and all terms and conditions of 05899 apply. Sincerely, Dale Colbert State Procurement Officer Office of State Procurement ACORD CERTIFICATE OF LIABILITY INSURANCE CSR 40 DATE(MMIDWM OPIE-1 06/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROGERS & NORMAN, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 600 Stewart Street - Ste #1919 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101-1219 Phone: 206-443-2600 Fax:206-441-6752 INSURERS AFFORDING COVERAGE INSURED INSURER A. American States Insurance INSURERS American Economy Copiers Northwest, Inc. John Hines INSURER C 601 Dexter Avenue N. INSURER D Seattle WA 98109 INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE MMID LIMA GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 $ X ANY AUTO 02CC743366 12/19/01 12/19/02 (Es accident) ALL OWNED AUTOS BODILY INJURY : SCHEDULED AUTOS (Per ) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $1000000 A X OCCUR CLAIMSMADE 01XS126767 12/14/01 12/14/02 AGGREGATE $1000000 s DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E L.EACH ACCIDENT $ E.L DISEASE-EA EMPLOYEE S E L DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECWL PROVISIONS City of Kent is named as additional insured as respects insured operations. CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION KENTCIT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE C pTi�iQLDEg iHEJ�6E7,EIVNMLs RE TO DO SO SHALL RfK�City of Kent IMPOSE NO OBLIGATION of �1IIMIN�TH�EIIINSfURRER,ITS AGENTS OR 220 4th Avenue S. REPRESENTATPOS. Kent WA 98032-5895 AUTHORIZED REPRE ATIVE James G. ers ACORD 25-S(7197) CACORD CORPORATION 1988