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HomeMy WebLinkAboutPK12-043 - Original - Madrona Digital - Court Camera Software System - 04/12/2012 Records Mard- gerner*l"I KENT - _ Document WASHINGTON _- i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Madrona Digital Vendor Number: 386363 JD Edwards Number F Contract Number: This is assigned by City Clerk's Office Project Name: Kent Municipal Court Remodel Camera Software Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract I ❑ Other: Contract Effective Date: 4/2012 Termination Date: 6/2012 a Contract Renewal Notice (Days): 90 Days Number of days required notice for termination or renewal or amendment i I Contract Manager: Alex Ackley Department: Parks/Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): ! 1220 S Central Ave Kent Wa. i 3 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 4 ��,Kc NT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Madrona Digital THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Madrona Digital organized under the laws of the State of Washington, located and doing business at 14210 NE 20t" St. Bellevue, Wa 98007, Isaiah Vering, 425-440-6206 (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: Furnish and install camera software system for new cameras at Kent Municipal Court, located at 1220 Central Ave S, Kent, in accordance with proposal dated March 13, 2012, which is attached as Exhibit A. 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. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $13,740.06, 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: Net 30 cnnnc w cFRVT(FV, ArRFFMFNT - 1 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. VENDOR'S ACCEPTANCE 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. a F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. r_nnnc M CrP\/Tr FS Ar;RFFMFNT - 2 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may Issue a written amendment 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 an amendment is necessary, Vendor must submit a written amendment 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended 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 an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, 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. Notice of Claim. 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; a f-nnnC O. CCDVT/"CC 4(]RFFMFKIT - q 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. Records. 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. 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, .^nnr.c 0 cr_ovTrcc ncDGGMFMT - 4 s 9 h sexual orientation national origin, or the presence of any sensory, mental, or physical disability, s qualified and available to perform the work to which the discriminate against any person who i q 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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. 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 of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 r_nnnc Q. cFavTrFc AraFFMFNT - 5 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, including all appeals, 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. Comeliance 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, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. !r-nnnc A CFR1/TrFC nr;RFFMFNT - Fi VENDOR: CITY OF KENT: By: - By: ature (slgnature) Print Name: ZS�+c�.. Y4� rint N : Suzette Cooke Its Q�<`�vu Mayorr DATE: u� r�gIZ DATE: rr NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Isaiah Vering James Hettrick Madrona Digital City of Kent 14210 NE 201h St. 220 Fourth Avenue South Bellevue, Wa. 98007 Kent, WA 98032 425-440-6206 (telephone) (253) 856-4610 (telephone) [Insert Fax Number] (facsimile) (253) [Insert Fax Number] (facsimile) APPROVED AS O FORM: Kent aw Departmen goods"fcesmadronacaurtcam ms i-nnnc a. cFRVTrPq AC:RFFMFNT - 7 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Date this day of �^��"' , 20 JZ By: For: Title: Date: L] 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 Ken t 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. l r�- Modified 3/1 312 0 1 2 Revision 0 Court Surveilance Camera System City of Kent Presented By: (T1cadt onadibtal Madrona Digital 14210 NE 20th St Suite B Bellevue,WA 98007 425-440-6206 Oty Description Price court 1 :00 00 PRIM 2 City of Kent Canon Camera Package $800.00 Complete Canon Camera System Kit 1 Onssi ES CAMERA LICENSE $329 00 ES Camera License 1 Onssi SUP-CAMERA-ES $71 00 SUP-Camera-ES i� 2 City of Kent Canon Camera Package $800 00 KkHT Complete Canon Camera System Kit 1 Onssi ES CAMERA LICENSE $329.00 ® ES Camera License 1 Onssi SUP-CAMERA-ES $71 00 ® SUP-Camera-ES /� 2 City of Kent Canon Camera Package $800 00 -t K.X Complete Canon Camera System Kit 1 Onssi ES CAMERA LICENSE $329 00 ES Camera License 1 Onssi SUP-CAMERA-ES $71 00 ® SUP-Camera-ES "Price Includes Accessories Presented By Madrona Digital 3/13/2012 Protect Court Surveilance Camera System Page 2 of 5 Qty Description Price Court 4 : rr i 2 City of Kent Canon Camera Package $800 00 Complete Canon Camera System Kit 1 Onssi ES CAMERA LICENSE $329 00 ® ES Camera License 1 Onssi SUP-CAMERA-ES $71 00 SUP-Camera-ES 0iA 8 City of Kent Canon Camera Package $3,200 00 Complete Canon Camera System Kit 1 Onssi ES CAMERA LICENSE $329 00 ES Camera License 1 Onssi SUP-CAMERA-ES $71 00 SUP-Camera-ES "Pnce Includes Accessories Presented By Madrona Digital 3/13/2012 Project Court Surveilance Camera System Page 3 of 5 oty Description Price City of Kent Server Room it t 1 City of Kent ONSSI Central Software System $4,198 00 1 Onssi OCULARIS ES $3,499 00 ® Oculans, OnSSI's flagship IP-video and security platform, is a comprehensive video management system that combines powerful network video recorders(NVRs)with physical security information management(PSIM)functionality "We chose OnSSI because of its ease of interoperability and ease of configuration Also,the ability to browse and search the video is Important to our campus police department" -Chip Greene, Senior Network Specialist, University Of Richmond 1 ONSSI SUP-OCULARIS-ES $699 00 Software Upgrade Plan 1 Project Subtotal: $10,598 00 ; 1 *Price Includes Accessories Presented By Madrona Digital 311312012 Project Court Survedance Camera System Page 4 of 5 s Project Summary Equipment: $10,598.00 Labor: $1,950.00 Grand Total: $12,548.00 Client: Date Contractor: Madrona Digital Date Price Includes Accessories Presented By Madrona Digital 3/13/2012 Project Court Surveilance Camera System Page 5 of 5 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,006 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. III EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage y maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor 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 required insurance policies. The Contractor'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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. OP ID' DS a�orzn' CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDYYYY) 04/06112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 800-803-7000 NOANMEACT Soundview Insurance Agency Inc 425-712-1058 PHONE Fa No 18927 33rd Ave W Suite C a No Est Lynnwood,WA 9803G-472G ADDRESS LarryJanowicz PRODUCER CUST OME R IR# HOMET-1 INSURERS AFFORDING COVERAGE NAIL• INSURED HOMETECHUSA LLC INSURER Endurance American Specialty Dba: Madrona Digital INSURER B Travelers Indemnity Company 14210 NE 20th St#B INSURER C Scottsdale Insurance company Bellevue,WA 98007 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER MMIDDNYYY MMfDD/YYYY LIMBS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A x COMMERCIAL GENERAL LIABILITY X CBC10000762900 12123N 1 12123/12 PREMISES(Ea oCcurmnce $ 100,00 CLAIMS-MADE I X I OCCUR MED EXP(Anyone person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 X POLICY PR0.JECT LOD $ AUTOMOBILE LIABILITY x COMBINED SINGLE LIMIT $ 1,000,00 (Ea BA-63"R384-11-SEL 07128111 07/28112 q B x ANY AUTO BODILY LY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ H 1 $ HIRED AUTOS (Per accident) NON-OWNEDAUTOS $ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,00 C x EXCESS LIAB CLAIMS-MADE x XBs-0018141 10120111 oarlsriz AGGREGATE $ 1,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION TWO STATU- x OTH- TORY LIMITS ER AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVEYIN❑ CBC10000762900 12123111 12/23/12 EL EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED N f A WASHINGTON STOP GAP (Mandatory In NH) EL DISEASE-E4 EMPLOYEO $ 1,000,00 It yes descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ , , DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) City of K((enggt is included as an Additional Insured as required byy written contractla M-2311 BKentO)und CA palTProjeCourt 1220 Central reement per the attached Blanket e Endorsements Kent yyA E0007(11.10), CERTIFICATE HOLDER CANCELLATION CITYKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ✓ / ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD k k Policy Number Effective Date Ex iraJon Date CBC10000762900 12f23/2011 12/23/2012 ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ADDITIONAL INSURED - BLANKET (CONTRACTORS) " It is hereby agreed that. A. The following are included as additional insureds Any entity required by written contract or as required in writing from a municipality as a condition of issuing a permit (hereinafter for purposes of this endorsement called "additional insured") to be named as an insured is an insured but only with respect to liability arising out of your premises, "your work" for the additional insured, or acts or ; omissions of the additional insured, in connection with their general supervision of "your work" to the extent set forth below: 1) The limits of insurance provided on behalf of the additional insured(s) will not be greater than the limits of insurance provided in this policy 2) Except as provided herein all insuring agreements, exclusions and conditions of this policy apply to such additional insured(s) 3) The insurance provided by us to the additional insured will not be greater than that required by contract and to the extent that such insurance is more restrictive the terms of the insuring agreements, exclusions and conditions of this policy shall be deemed to be amended accordingly 4) In no event shall coverages or limits of Insurance in this policy be increased by such contract. This insurance does not apply to: a) 'Bodily injury" or "property damage" occurring after: 1) All work on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed, or 2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another ' contractor or subcontractor engaged in performing operations for a principal as a part of the same project. E0007(11.10) ENOORANCE�AMER CAN SeCIALTY INSURANCE CbMPANY 1 of 2 . a b) "Bodily injury" or"property damage" arising out of any act, omission or negligence of the additional insureds) or any of their "employees" or "temporary workers', other than the general supervision of work performed for the additional insured(s) by you c) "Property damage"to- I) Property owned, used or occupied by or rented to the additional insured(s); or 2) Property in care, custody or control of the additional Insured(s) or over which the additional Insured(s) are for any purpose exercising physical control. B With respect to additional msured(s), who are architects, engineers or surveyors, this insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional service by or for you, including 1) The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications, and 2) Supervisory, inspection or engineering services. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. E0007[ fmlo) _ ENDURANCE AMERICAN SPECIALTY INSUkANCE`COMPANY i a Polic Number Effective Date Expiration Date C BC10000762900 12123/2011 12/23/2012 ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Primary and Non-Contributory It is hereby agreed that where required by written contract or as required in writing from a municipality as a condition of issuing a permit, it is agreed that this policy shall be primary to any insurance carried by an additional insured, and any insurance carried by such additional insured shall not be called upon to contribute to any claim covered under this policy, provided that the claim arises directly from work performed by the insured or others working directly on behalf of the insured and provided further that the "occurrence" that gives rise to such claim happened subsequent to the execution of the written contract. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. M-231-8 (11.4tf} '.°' E iEIURAt� AMEF iClkhfSP CIAL"TY1 SEl#�At1GE t31iPAlUY°` �`s" t 0f1, COMMERCIAL AUTO i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1.,Who Is your business. An Insured, of SECTION II — LIABILITY COV. 2. The following replaces Paragraph b. in B.5., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS, a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an add!- rent or borrow,and tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance (2) Any covered "auto" hired or rented by applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an "insured" under the that individual "employee's" name, Who Is An Insured provision contained in Section with your permission, while perform- il ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. 1. The followingis added to Paragraph A.1., However, any"auto"that is leased, hired, g rented or borrowed with a driver is not a Who Is An Insured, of SECTION 11 — LI- covered"auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED ' An "employee" of yours Is an "Insured" while operating a covered "auto" hired or rented The following is added to Paragraph A 1.,Who Is under a contract or agreement in that "em- An insured, of SECTION 11 — LIABILITY COV- piayee's" name, with your permission, while ERAGE: CA T4 2D 07 10 0 2010 The Travelers indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc with its permission. , i COMMERCIAL AUTO 1 Any"employee"of yours is an insured"while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own, hire or borrow than like kind or quality,we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION 11—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- ciuding bonds for related traffic law viola- rowed with a driver,or tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to fumish rowed from your"employee". these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4)of EXPENSES—INCREASED LIMIT SECTION It—LIABILITY COVERAGE: The following replaces the first sentence in Para- (4) All reasonable expenses incurred by the graph AA a., Transportation Expenses, of "insured" at our request, including actual SECTION 10 — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. We will pay up to $50 per day to a maximum of E. TRAILERS—INCREASED LOAD CAPACITY $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION 1—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Llmit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III —PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.C, Cover- deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage H the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to The following is added to Paragraph AA., Cover- the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" in any one DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an"Insured";and "loss";or (2) In or on your covered "auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age, condition will be made in determining actual cash value in the event of a total"loss". Page 2 of 3 0 2010 The Travelers Indemnity Company.All rights reserved. CA T4 20 07 ID Includes copyrighted materiel of insurance SeMces Office,Inc with its permission A COMMERCIAL AUTO l K. AIRBAGS (2) Any: The following is added to Paragraph 8.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE. (b) Financial penalties imposed under a Exclusion &a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.t.b. and A.1.c., but sor only: (d) Costs for extended warranties, Credit Life a. if that"auto" is a covered "auto"for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty;and (a) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.5., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto"of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- or Declarations for which Physical Damage Cov- " " " erage is provided,we will pay any unpaid amount vided that the accident"or toss arises out of due on the lease or loan for such covered "auto" the operations contemplated by such son- less the following: tract.The waiver applies only to the person or organization designated in such contract. {1} The amount paid under the Physical Damage Coverage Section of the policy for that"auto"; and CA T4 20 07 10 02010 The Travelers Indemnity Company.All rights reserved Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.wdh its permission REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII In All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) LVL—L Reviewed by Parks Director Originator: Alex Ackley Phone (Originator): 5081 Date Sent: 4/9/2012 Date Required: 4/12/2012 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 90 Days Written notice VENDOR NAME: Madrona Digital DATE OF COUNCIL APPROVAL: 3/20/2"012 Brief Explanation of Document: Goods and Services Agreement to furnish and install Security camera software for the Kent Municipal Court. (,� All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ' , Approval of Law Dept.: LIFIV D I L4YtJ 6 V Law Dept. Comments. I APR 0 9 2012 KENT LAW DEPT Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: D Recommendations and Comments: APR 12 2012 Disposition: CITY OF KENT CITY CLERK Date Returned: