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HomeMy WebLinkAboutIT07-321 - Original - Coplogic, Inc. - Software Support and Maintenance Agreement - 10/30/2007 Coplogic,Inc. SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT THIS SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT("Support Agreement") is made on this V 4 day of oc�— , 2007,by and between the City of Kent,a municipal corporation under the laws of the State of Washington("Customer")and Coplogic, Inc., an existing U.S. corporation, whose address is 231 Market Place#520 San Ramon, Ca. 94583 ("Company") RECITALS: Customer has obtained a license to use the Desk Officer Online Reporting System("Software"), more particularly described in the Software License Agreement of the same date. Customer wishes to retain Company to provide software maintenance and support services for the Software. Support Services 1. Generally. During the duration of this Support Agreement, Company shall provide to the Customer support and maintenance for the Software purchased in accordance with the terms of this Support Agreement and the response time described in Schedule A, attached hereto. Support includes,without limitation,periodic review of current outstanding questions and usage issues,the provision of new and upcoming releases of updates, and customizations and enhancements made to the Software that the Customer is licensed to use that are generally made available without additional charge to other users of the Software with similar support and maintenance contracts. The parties shall amend Schedule B from time-to-time in the event that the Customer purchases or is granted the right to use additional modules of the Software. 2. Hours of Support. Company will provide the support services during the hours as described in Schedule A attached hereto. 3. New Releases. Company will, from time-to-time issue new releases of the software (Schedule B), and when it does, it will immediately provide a copy of the release documentation,and updated user or system documentation. If any part of the Customer's custom code is not part of the general release delivered by Company,then Company will assist and provide guidance for integrating the custom code into the new release. Any time taken to modify or repair unauthorized changes that may require Company assistance to modify may be billed at Companys' then current pricing schedule. 4. Exceptions. Company is not responsible for maintaining unauthorized Customer modified portions of the Software, Customer data files or for maintaining portions of the Software affected by unauthorized Customer modified portions of the Software. The Customer agrees that the equipment on which the Software operates will be operating properly at all times and must have been and continue to be properly maintained by the manufacturer of the equipment or a properly qualified service organization. Corrections for difficulties or defects traceable to the Customer's errors or unauthorized changes, Customer's hardware, or conflicts with other software not identified by Company as compatible or part of the recommended operating environment may be subject to billing at Companys' current standard time and material charges. The Customer will be Coplogic Support and Maintenance Agreement 1 responsible for properly testing and applying routine virus updates and security patches without the need for additional Companys' notification. Company will be responsible for testing Companys' software updates prior to making them available to the Customer. The Customer acknowledges responsibility for testing Companys' software updates before applying them to the Customer's production systems. For servers running Companys' software, the Customer acknowledges responsibility for communicating with Company prior to installation of non- Companys' software service packs, implementation of new releases or versions of non-Companys' software, or installation of new non- Companys' software products. Except for emergency replacement of a failing server,the Customer acknowledges responsibility for communicating with Company prior to replacing a server on which Companys' software is being used. Company is not responsible for changes if related to or caused by software not provided by Company. For workstations running Company's software,the Customer acknowledges responsibility to test new workstation configurations, software service packs,new releases or versions of software,and new software products prior to implementation. 5. Limitations. Company may, in its sole discretion, limit or suspend Customer's access to support, pursuant to this Support Agreement, where(1) Customer is in material default under the terms of this Support Agreement(non-payment is deemed to be a material default), or(2) Customer fails to provide adequately trained staff to administer the Software. Prior to limiting or suspending support, Company will give the Customer 45 days written notice of its intention to do so and actively participate with the Customer to remedy any such default or failure. 6. Term. This Support Agreement expires one year after its execution. However,within thirty (30) days prior to its expiration,Company shall send to the Customer an invoice for an annual "Renewal Support Fee". The sending of any such invoice will constitute an irrevocable offer to extend the Support Agreement for the period and fees set forth in the invoice,which may be accepted by the Customer in its sole discretion as hereinafter set forth. Termination of the support agreement prior to its expiration shall not result in the refund of partial service fees. The Customer's payment of an annual Renewal Support Fee in response to an invoice prior to the expiration date of the Support Agreement, or within forty-five(45)days after the date of Company's invoice, whichever is later, will extend the Support Period for the period of one year from its previous expiration date,or for the period set forth in the invoice if different. 7. Adjustments to Terms and Conditions. Company may change the Annual Fee and the terms and conditions of this support agreement provided that written notice is given to the Customer thirty (30)days prior to the expiration of the current term. Cost 8. Annual Fee. The Customer shall pay Company an Annual Support and Maintenance Fee for which support is being provided(see Schedule B for base Annual Support and Maintenance Fee). Annual Support and Maintenance Fee for the first(P)year is due upon execution of this agreement and will then reoccur on the anniversary date of the execution of this agreement for each year thereafter. For a period of three (3) years following execution of this Support Agreement,the Annual Fee shall not increase by more than 5%of the previous year's Annual Coplogic Support and Maintenance Agreement 2 Support and Maintenance Fee. All requests by the Customer for additional features or functionality that fall outside of Company's ongoing policy of upgrading the Software will be quoted separately. Late Payments. All invoices will be sent at least thirty(30)days prior to their due date. Payments received forty five(45)days after their due date will be assessed a ten(10)percent late fee. 9. Taxes. In addition to other amounts payable under this Support Agreement,Customer shall pay any and all federal, state, municipal,or other taxes,duties, fees,or withholding currently or subsequently imposed on Customer's use of the Software or the payment of the License Fee to Company, other than taxes assessed against Company's net income. Such taxes, duties, fees, withholding, or other charges shall be paid by Customer or Customer shall provide the appropriate authority with evidence of exemption from such tax, duty, fee,withholding, or charge. If Company is required to pay any such tax, duty,fee,or charge,or to withhold any amount from monies due to Company from Customer pursuant to this Support Agreement, Customer shall promptly reimburse Company any such amounts 10. On Site Support. The Customer shall reimburse Company at the rate of$1,500.00 per day for any On-Site Support incurred at the Customer's direct written request and authorization. This rate shall prevail regardless of the number of Company support personnel dispatched to the Customer's site, and shall be paid for each day that Company personnel are required to be on the Customer's site. Customer will not pay for Company personnel travel time or travel expenses. In response to written Customer requests for Company to provide on-site routine non-emergency support, Company shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the presence of Customer staff or other resources or materials. Any On-Site Support provided by Company shall only be invoiced by Company or paid by Customer if the problem arose due to something other than a defect in the Product. Customer's Obligation 11. The Customer Agrees to: (a)furnish descriptions of Problem(s)in the form reasonably requested by Company Support representatives, (b)assist Company's efforts to reproduce the Problem in the applicable operating environment, and (c)make available qualified,trained staff on-site to carry out Company's instructions and/or provide remote access to system(s)as requested by Company. 12. The Customer shall designate its Support Contact(s)to provide routine end user support for the Customer personnel concerning the Product. 13. The Customer shall take appropriate steps to educate its end users about the need to contact the Support Contact(rather than Company directly)when support is needed. The Customer shall appropriately publicize the name,telephone number,and/or fax number and/or electronic mail address if applicable, of the Support Contact. Coplogic Support and Maintenance Agreement 3 14. Access to Data and System. The Customer agrees to provide Company with data dumps, as requested,remote access to the Software system, and with sufficient test time on the Customer's computer system to duplicate the problem,to certify that the problem is with the Software, and to certify that the problem has been corrected. 15. The Customer shall install and maintain for the term of this Support Agreement,a reasonable and satisfactory method of direct remote computer access to the Software. The Customer shall pay for the installation and maintenance of such access. Company shall use this access service in connection with error correction, software updating and user support only,and only upon prior written or email notice to the Customer, and Customer's acknowledgment of that notice. 16. The Customer must upgrade the Software in its entirety to the most recent version within seven business days of the release of any updates or modifications of the Software unless otherwise mutually agreed. Company will not be obligated to provide support for release versions that are more than two release versions older than the current version unless specified in this support agreement. Company agrees that all release versions will be tested for installation in a computer environment substantially similar to the Customer's and that all releases will be free of material defects that would affect the orderly continuation of Customer's use of the Product. 17. The Customer agrees that, subject to and in accordance with the Customer's internal policies and guidelines, it will upgrade the computer operating software,hardware and underlying database engines of the Desk Officer Online Reporting System software as necessary to meet the changing requirements of the Software as specified by Company as part of a current release of the Software, or as the parties mutually agree. The Customer agrees that, subject to and in accordance with the Customer's internal policies and guidelines, it will maintain appropriate licenses for the computer operating software and underlying database engines required of the Desk Officer Online Reporting System as necessary. The parties agree that Company is not obligated to ensure that its new release of the Software is compatible with outdated(exceeding 4 years from date of initial release) hardware, computer operating software or database engines). Confidentiality 18. Confidential Information. (a) The parties hereby acknowledge that they may have access to information that is confidential to one another("Confidential Information"). "Confidential Information"includes,but is not limited to,the licensed products and enhancements, all related source and object codes, Documentation, customer and prospect lists,pricing proposals, financial and other business information, all data and information relating to Customer's operation,and any other information designated as confidential or proprietary information by the disclosing party. "Confidential Information" shall not include any information which(i)becomes part of the public domain through no act or omission of the other party; (ii) is lawfully acquired by the other party from a third party who is not in breach of an obligation of confidentiality; (iii)was in the other party's lawful possession prior to disclosure of such information; (iv) is independently developed by the party without the benefit or use of the Confidential Information; or(v) is required to be disclosed by applicable laws or regulations, under a court Coplogic Support and Maintenance Agreement 4 order or a valid subpoena,provided that the recipient of the Confidential Information promptly notifies the disclosing party in order for the disclosing party to have an opportunity to seek an appropriate protective order. The parties agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the other party's Confidential Information by preventing any unauthorized copying,use,distribution, installation or transfer of possession of such information. Each party agrees to maintain at least the same procedures regarding the other party's Confidential Information that it maintains with respect to its own Confidential Information. (b) Company acknowledges that the Customer is a governmental agency and may be required to disclose certain information under requests made according to provisions of the Public Records Act. Customer shall give notice to Company of any request for the disclosure of any information set apart and marked"confidential,""proprietary"or"trade secret"by Company. Company shall then have five(5)days from the date it receives such notice to obtain a protective order and to enter into an agreement with Customer providing for the defense of, and complete indemnification and reimbursement for all costs(including plaintiff s attorney's fees) incurred by Customer in any legal action to compel the disclosure of such information under the Public Records Act. Company shall have the sole responsibility for the defense of the actual proprietary or trade secret designation of such information. The parties understand and agree that any failure by Company to respond to the notice provided by Customer and/or to enter into an agreement with Customer, as set forth above, shall constitute a complete waiver by Company of any nondisclosure or confidentiality rights hereunder with respect to such information, and such information shall be disclosed by Customer pursuant to applicable procedures required by the Public Records Act. (c) Both parties acknowledge that any use or disclosure of the other party's Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the non- disclosing party irreparable damage for which remedies other than injunctive relief may be inadequate, and both parties agree that the non-disclosing party shall be entitled to receive from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure. The terms and provisions of this section shall survive any termination of this Support Agreement. Termination. 19. The Customer may terminate this Agreement at any time and for any reason upon thirty (30)days prior notice to Company. In the event of a material default by the Customer under this agreement, Company may terminate this Agreement upon thirty(30)days prior notice to Customer,provided that Customer has been given thirty(30)days notice to cure the default. Coplogic Support and Maintenance Agreement 5 Limitation of Liability 20. To the extent permitted by law,neither parry's liability to the other parry in connection with any cause of action, costs or damages relating to this support agreement shall not exceed the annual fee paid in the twelve month period preceding the event giving rise to the claim. Notwithstanding the foregoing, for purposes of the services performed by Company under this Support Agreement, Company agrees to fully defend, indemnify and hold harmless Customer, its officers, employees and agents from any damage, loss, liability, costs(including reasonable attorneys fees), claim or cause of action arising out of injury,loss or damage to real property or tangible personal property, or arising from personal injury or death, where such damage, loss, liability, costs, claim or cause of action is caused or incurred in whole or in part as a result of any negligent or wrongful act or omission or willful misconduct of Company, its officers,employees, agents, contractors and assigns. Company's obligation hereunder is contingent upon Customer providing Company prompt written notice of any such claim, action, lawsuit or other proceeding and Customer shall fully cooperate with Company in the defense and all related settlement negotiations. The existence of any insurance policies or coverage's shall not affect the parties' rights and obligations hereunder. General 21. This Agreement shall be binding upon the successors and assigns of both parties,provided, however that no assignment,delegation or other transfer shall be made by Company without the prior written approval of the Customer, which approval shall not be unreasonably withheld. 22. No modification or amendment of this Agreement will be valid or binding unless reduced to writing and duly executed by the party or parties to be bound. 23. Each party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause or effect of such delay or failure to the extent the party is able. In the event of such delays,the timetables shall be extended by as many calendar days as the delay caused by forces outside the reasonable control of the parties. 24. This Support Agreement may be executed in separate counterparts,each of which so executed and delivered shall constitute an original, but all such counterparts shall together constitute one and the same instrument. Any such counterpart may comprise one or more duplicates or duplicate signature pages, any of which may be executed by less than all of the parties provided that each party executes at least one such duplicate or duplicate signature page. The parties stipulate that a photocopy of an executed original will be admissible in evidence for all purposes in any proceeding as between the parties. 25. Any provision of this Support Agreement or part thereof found to be illegal or unenforceable shall be deemed severed, and the balance of the Agreement shall remain in full force and effect. Coplogic Support and Maintenance Agreement 6 26. This Support Agreement shall be governed and construed in accordance with the laws of the State ofWashington. Venue of any action brought with regard to this Support Agreement shall be in King County, Washington. The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing to sign this Agreement and to bind their respective party thereto. City of Kent Coplogic,Inc. A Municipal Corporation By By_Randy Burkhammer A h,�-21, Ti e: It Vice President Coplogic Support and Maintenance Agreement 7 SCHEDULE "A" Company Hours of Support and Maintenance Service are as follows: Regular Hours of Service(pacific time) After Hours Service(pacific time) 0900 to 1700 hours 1700 hours to 0900 hours Monday to Friday Monday to Friday -excluding Saturdays& Sundays Holidays observed by the U.S. Federal Holidays Govt. e-mail received by: Company staff at e-mail received by: Company staff at support@coplogic.com support@coplogic.com Incident/Reguest for Service Priority All support and maintenance incidents/requests for service will be prioritized on the following basis: Priority Definition A Work is stopped to the point that critical business activities cannot continue. e.g. Loss of use of major features, file system corruption, data loss, security issue, system outage. B Are issues or features of the product preventing normal operations. C Non-critical features, for which a convenient or reasonable work around exists, or a feature which functions unexpectedly. Slight inconvenience. Response Time The following table outlines the response times for each priority. Priority Response Time During regular hours of service Response Time During After Hours of Service A 2 hours 6 hours from time of notifying the vendor contact(s)through voice mail or e-mail B (2)business days of Company receipt of verbal, Not available Coplogic Support and Maintenance Agreement 8 written or electronic notice thereof and to correct the Priority B Issue by the Customer's reasonably requested date. If the Priority B Issue is not corrected within 2 business days of the original notification Company will provide the Customer with reports of its efforts to correct the Priority B Issue as requested by Customer. C As time permits basis or inclusion in the next Not available scheduled update to the Licensed Product. 1. Incident/Request for Service Reaortine Procedure All problems,queries or requests for assistance must be made to Company at support@coplogic.com, during regular business hours of service. Customer must be prepared to leave a contact name,phone number,workstations affected, screenshots, a description of the problem/service and the impact. Companys' resources will work with the Customer to diagnose the problem. After investigating the issue, Company and the Customer will jointly categorize the problem into: Type of Problem Ownership Customer Server Hardware Problem Customer Desktop Hardware Problem Customer Customer Network Communication Customer Isolated Workstation Issue Customer Customer Database Customer Performance/storage Application or software related Company Company will deal with problem/incident according to the priority assigned. In the case that a problem cannot be readily resolved, Company will attempt to identify a work around. As soon as Company corrects an Issue, Company shall notify the Customer that the Issue has been corrected by sending an electronic mail. Coplogic Support and Maintenance Agreement 9 SCHEDULE "B" Coplogic Desk Officer Online Reporting System version 3.9.3 Base Annual Support and Maintenance Fee: $3,500 On-site Support: $1500 per day(includes travel time and expenses) Coplogic Support and Maintenance Agreement 10 ACORD CERTIFICATE OF LIABILITY INSURANCE PL 1 DATE(MM,DD/07 COPLO-1 10 26 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sadler & Company, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. Drawer 5866 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Columbia SC 29250-5866 Phone: 803-254-6311 Fax:803-256-4017 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A ACE American Insurance Co. INSURER B• Coplogic, Inc. Mr. Randy Burkh r INSURER C 231 Market Place 520 INSURER San Ramon CA 9458 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. LTR POLICY EFFECTIVE POLICY EXPIRATION NSRRULJ- TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES occurence) $ CLAIMS MADE OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POLICY JET LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ ANY AUTO (Ea sooWenq ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ Fer socldert) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS!LIABILITY ANY PROPRIETOR/PARTNER/EXECVTIVE E L EACH ACCIDENT $ OFRCER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOY EN If describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMB I$ OTHER A Prof. Liability G21481440001 06/20/07 06/20/08 Occurrenc 1,000,000 DEDUCTIBLE: $25,0001 Aqgregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION KF=0 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 30 SHALL City of Kent, Washington IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 Fourth Avenue S REPRESENTATIVES. Kent WA 99032 Aur n ACORD 25(2001/08) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID LM DATE(MMIDD/YYYY) COPLOGI 10 29 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISG International HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 204 Cedar Street, P.O. Box 716 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cambridge MD 21613 Phone: 410-228-6464 Fax:410-228-7645 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Great American of New York 22136 INSURER B CCoRoaplyyogic, Inc. INSURERC 231dFlarkethPlace INSURERD• San Ramon CA 94583 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 "ECTIVE POLICY EXPIRATION LTR INS TYPE OF INSURANCE POLICY NUMBER DATPOUE MMI OD" DATE MMID LIMITS GENERALLL48RM EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY SPP6175202 07/14/07 07/14/08 PREMISES(Eaocarence) $300000 CLAIMS MADE F OCCUR MEO EXP(Any one Penton) $10000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS--COMP/OP AGG $ X POLICY jE O- LOC AUTOMOBILE LIAINUTY COMBINED SINGLE LIMIT $1000000 X. ANY AUTO (ES acCideM ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par Person) A X HIRED AUTOS SPP6175202 07/14/07 07/14/08 BODILY INJURY A X NON-OWNED AUTOS SPP6175202 07/14/07 07/14/08 (Peraaadent) $ PROPERTY DAMAGE $ (Peraoddent) GARAGELIABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS'uABIUTY WC7576127 08/01/07 08/01/08 E.L EACH ACCIDENT $1000000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? E.LDISEASE-EAEMPLOYEE $1000000 If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Kent is added as addtional insured as respects their contract with the insured. CERTIFICATE HOLDER CANCELLATION CITYKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL L ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Ave S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032 REPRESENTATIVES. au A� ACORD 25(2001/08) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26(2001108)