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HomeMy WebLinkAboutIT14-179 - Original - WebSolutions Technology, Inc. - Ektron Upgrade - 07/29/2014 Records M KENT % Document' WA. 1. TON 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: Websolutions Technology, Inc. Vendor Number: 242903 JD Edwards Number ALIL CAN Contract Number: This is assigned by City Clerk's Office Project Name: Ektron Upgrade Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/14/14 Termination Date: Contract Renewal Notice (Days): n/a Number of days required notice for termination or renewal or amendment Contract Manager: Curt Ryser Department: IT Detail: (i.e. address, location, parcel number, tax id, etc.): I I S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 I KENT GOODS & SERVICES AGREEMENT between the City of Kent and WebSolutions Technology, Inc. ("WSOL") THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and WebSolutions Technology, Inc. ("WSOL") organized under the laws of the State of Illinois, located and doing business at 3817 McCoy Dr, Aurora, IL '60504 (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: See Exhibit #A: WSOL Statement of Work dated May 14, 2014 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 five (5) to ten (10) business days after the start of services , III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $8,000, including applicable Washington Stare 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; GOODS & SERVICES AGREEMENT - 1 (Under$1.0,000..00, including WSST) l Initial payment of the total SOW cost is due upon $2,475.00 receipt of invoice and prior to start of services Final payment of the total SOW cost is due $2,475.00 upon receipt of invoice and completion of services In addition, 'any` needed 'Code "Remedla`tian Services will be billed separately at $150,00/hr upon approval by the City. 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 max'mum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement.with--other soumes,•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, GOODS & SERVICES AGREEMENT - 2 i (Under$10,000.00, including WSST) I� 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. F, The Vendor maintains a set of books dedicated to the expenses and earnings of its business, 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 ,du ring,the .perform,ance 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 fro.m.khe,.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 GOODS & SERVICES AGREEMENT - 3 (Under$1,0,000,00, including WSST) 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; 3. The°provisions In this Agreement that supp'o`tt-th'e claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. 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 GOODS & SERVICES AGREEMENT- 4 (Under$10,000.00, including WSST) 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. - I 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 an ,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. GOODS & SERVICES AGREEMENT - 5 (Un.der.$10,000.00, including WSST) 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;'znd'lthe 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.•rneans 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. Assionment. 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 Anreemen . 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, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 -(Under$b0,.000;.00, including WSST) 11 City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I i GOODS & SERVICES AGREEMENT - 7 (Under$10,000.00, including WSST) i 1, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. I IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below, VENDOR: KENT: B1 ^� y; , (si natur signature} Print Name: &L Print Name; Mike Ca Its: C_F[o Its: IT Direct r (titre) DATE:_-__l )LI I ' _ DATE:- -NOTICES TO BESENT TO, NOTICES TO BE SENT TO: -- - - - -. VENDOR: CITY OF KENT: Chris Osterhout Gregg Sconce Director of Enterprise Solutions City of Kent WSOL 220 Fourth Avenue South 3817 McCoy Dr Kent, WA 98032 Aurora, IL 60504 (253) 856-4609 (telephone) 630-491-2627 (telephone) (253) 856-4375 (facsimile) 630-375-6632 (facsimile) i (Sn ms OUJ,yw rwy encr me e'atromc NenaiM1 w4un ins s�eraa nos e¢en suvm) l GOODS & SERVICES AGREEMENT - 8 (Under$,ZD,DOO.DO, including WSST) - EXHIBIT A WSOL Statement of Work i i i S5ATBA ENT of WOW lthis statement of Work ("EOW') dated May 14, 2014 by and between Web,<blutions Technology, Inc. (°WJJI..")and City of Kent ("Client"), each being referred to as a"Party" and collectively as"Parties', is governed byt he terms and conditions of this S:W VVML and Client agree as follows: 1. PROc =933E Sope of Work WSOL,will perform thefotlowing't srequired for'th> completion ofthe 9dro'n Upgrade: Upon Client approval,initiate a content freeze Setup a test environment on WWL's local development servers Install the Ektron version 8,01 website on WSXs development server Perform the upgrade on the Baron version 8.01 website to the Ektron version 9.0 E 22 website Complete a systematic OAprocessto determine the results of the upgrade Provide atest UF;for Client review and approval Upon approval, provide a backup of the Baron version 9.0 SP2 website files and database to the 'Client for install in their production hosting environment Assumptions WSOL assumes the following: The Client will provide VVSOL with a copy of the pre upgraded website files, assets and databases The Client has been paying their yearly maintenance renewal feeswith Ektron Inc, The Client will go on content freeze during the course of the upgrade The Client will update their GNSrecordsto point to the Ektron version 9.0 5F2 website Remediation of any coding issues not found on the Baron version 8,01 website will be billed separately (1) WSOL includes up to three(3) hours of site setup to configure the development environment that will be used to perform the upgrade. A typical installation will be completed within three(3) hours, but if the site•has significant customization, it may take longer. If the site requires more than three(3) hours to set up,"MI-will request approval for the additional billable time before proceeding. I Exclusions Please note the following exdusionsfrom the upgrade services. If any of these elements will need to be inducted in the upgrade,additional chargeswill apply statement or Work(Upgrade) Page 1 of 4 Qty of Kent,May 14,2014 I n. Multiple code bases-excludes code bases other than the code base associated with thewebdtes listed above Non-E3dron functionality­exdudesany,functio'nallty that`[snot built usingthe fldren platform or AR layer This SMdoes not include resolution of any problems to existing programming issuesthat arise as a result of the upgrade. If problems arise during this portion, work may be completed at the normal rate of$150.00 per hour upon Oient approval This 9DW does not include resolution of any problemsto the&tron software This is not an all-inclusive list, Otherexdusionsmay apply 2. TFFU WSOL will schedule the start of services after receipt of all signed contracts and payment of Initial invoice. The estimated delivery date will be five(5)to ten (10) business days after the start of services. The start of services may be delayed due to delays in executing this SM. receipt of initial payment, or receipt of materials and files needed from Client to begin services The delivery date maybe extended due to extension, expansion or changes to the SCW or to delays in approvals, payments or the sending of needed files and materials by Client. 3_ TRAVELOOSTS Travel is not currently expected as part of this 8M, Any travel time or costs will be preapproved by Client 4. PEFWNNR WMLand Client will appoint represent ativesto the following positions: 4.1 W,901-Project Manager VvML designates Fbb Schall as WSDL Project Manager 4.2 Client Project Manager Client designates Gregg Since as Reject Manager Statement of Work(Upgrade) Page 2 of 4 city of Kent,May 14.2014 5. PAYMENTANDPAYMEN-r8 HBDULE Client shall pay to WS It an estimated total of$4,950.00 in accordancewith the following schedule: Initial payment of the total S3W cost isdue upon $2,475,00 receipt of invoice and prior to start of services Final payment of the total SDW cost is due $2,475.00 upon receipt of invoice and completion of services In addition,any needed Code Fbmed'ation&rviceswill be billed separately at $150.00Ihr. Ridna Notes: This estimate is based on WSOL's recommendations to meet the needs outlined in our meetings,discussions, and any documentation provided All costs associated with this project are outlined in this SOW. Should the scope of this project change, costs will be adjusted prior to any work In addition, unforeseen problems may aril that cause an increase in the effort estimate. Any problem points or effort adjustments will be preapproved by Client Fees and pricing are exclusive of all federal, state, municipal sales use, property, value added and other taxes All cervices, pricing, and content in this proposal are confidential and should not be disclosed to other partieswithout written consent from W93L AII'services and costs outlined in this proposal are valid for a period of thirty (30) days A proposal accepted after thirty(30)days may need to be redrafted Statement of Work(Upgrade) Page 3 of 4 0ty of Kent,May 14,2014 WSwL Each Party acknowledges that it has read the Agreement and this SM(includingall referenced exhibits and attachments hereto,if any), and agreesthat'it isthe complete and exclusive understanding between the Parties. IN WITNESSWH6"EOF,the Parties have executed this SOW asof the day and year first above written. Agreed to and Accepted by WSDL QJ ENT By: By: Printed: Printed: Title: Title: Date: Date: Statement of Work(Upgrade) Page 4 of 4 Oty of Kent,May 14,2014 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. 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, 2. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Comnensatlon 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. I WEBSTEC-01 TREPPEN 4�R® CERTIFICATE OF LIABILITY INSURANCE DA E(MMIDIY Y) 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 pollcy(les)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 ,. CONTACT 'NAME: Joseph M.Wiedemann&Sons Inc. PHONE (630 377-0500 FAX No: 847 228.8505 303 East Main Street _(Arc E-MAIL EXt: ) ( ) Saint Charles,IL 60174 DR1ESS: INSURER(S)AFFORDING COVERAGE NAIC9 INSURER A:Hanover insurance Group 22292 INSURED - INSURER B:Mass Bay 22306 Websolutlans Technology,Inc. INSURERC: 3817'McCoy Dr. " `INSURER'D: Aurora,IL 60504 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 ADDLS BRr POLICY NUMBER MWDD6 Y MMI00 P LIMITS LTR A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 F711-1CLAIMS-MADE OCCUR CHCA041005 06129/2014 06l2912015 PREMISES Ea occurtence $-DAMAGE TO-RENTFD­ 300,00 i' MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000;00 PRO- LOC PRODUCTS-COMP/OP AGO $ 2,000,00 POLICY C] OTHER: COMBINED SINGLE LIMIT $ 1,DDD,D6 AUTOMOBILE LIABILITY Es accIranl A ANY AUTO OHCA041005 0612912014 06/2912015 BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS AUTOS X HIREDAUTOS X AUTOSEO Pee den(AMAGE $ $ X UMBRELLA LIAR X I OCCUR EACH OCCURRENCE $ 2,000,00 A EXCESS LIAR CUJ_M_S-MACE OHCA041005 06/29/2014 06129/2015 AGGREGATE $ CEO RETENTIONS S WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY B ANY PROPRIETORIPARTNEPoEXECUTIVE Y!❑N NIA WDCA026432 06l2912014 0612.9/2015 E.L.EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUOE1 600,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A 'Errors&Omissions CHCA041005 06129120177 Tech E&O 1,000,00 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "Add ltlona]Name Insureds: Ektron Hosting,Inc.&Gahn Property Management. "Cybertech E&0 and Network&Information Security LID biI ity-$1,000,000 Limit of Insurance&Each Wrongful Act;$10,000 Ded;Retroactive Date= 0412812008. "Blanket Business Personal Property-$696,431 Limit of Insurance;$1,000 Ded;All Risk-Special "Builder's Risk-$367,185 Limit of Insurance;$1,000 Ded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent,WA ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE .. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 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 maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Z. 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 A:VII. 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. l i i 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 an this specific Agreement to adhere to. An affirmative response is required on all of the.follow ing,q uestions for this Agreement to be valid and binding. If any contractors 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.Z.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, S. 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, By: For: �iL�e F��c>©i 1 i T caIwuxnj Title: Date: ly tL� I EEO COMPLIANCE DOCUMENTS - t of 3 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 equakopp.ortunity 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 - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This Form shall be`fiiied vot`AFTER'COMPL"ETI'ON o'f'this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of We Sc chi dkl� Company, hereby acknowledge and declare that the before-mentioned cpmpany was the prime contractor for the Agreement known as SDtiJ cicdF�] 5 I l`j L-4-uWthaatt..--was entered into on the 14 (date), 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 Adminl5tratiye.Policy.1.2.and the.Declaration .City:..of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. 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