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HomeMy WebLinkAboutIT14-335 - Original - Presidio Networked Solutions, Corp. - 2014-15 Nimble CS220 Software - 11/15/2014 `✓ KETIT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Presidio Networked Solutions, Corp. Vendor Number (JDE): 800752 Contract Number (City Clerk): IT14-335 Category: Contract Agreement _ mm _.......... Sub-Category (if applicable) Choose an iiLem Project Name: 2014-2015 Nimble CS220 Software Contract Execution Date: 11/15/14 Termination Date: 11/14/15 Contract Manager: Sean Kelsey Department: IT Contract Amount: $3.897 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Oriainal Contract i DocuSign Envelope ID:053358F3-9991-450E-9FC3-F0A1 E49DFCDF KENT GOODS &SERVICES AGREEMENT between the City of Kent and Presidio Networked Solutions Group, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Presidio Networked Solutions Group, LLC organized under the laws of the State of Deleware, located and doing business at 1955 Lakeway Drive, Ste 220, Lewisville, TX 75057 (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 Quote 11577204-01 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 from November 15, 2014 through November 14, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $3,897, 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: Paid within 30 days of invoice date. i GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) i I DocuSign Envelope ID:053358F3-9991-45CF-9FC3-F0A1 E49DFCDF I' i 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. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 2 (Over$10,000,00, including WSST) Docuftn Envelope ID:053358F3-9991-450E-9FC3-F0A1 E49DFCDF 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. i 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; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, Including WSST) DoeuSign Envelope ID:05335BF3-9991-45CF-9FC3-FOA1E49DFCDF 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 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. j 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 ALL SERVICES WILL BE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH INDUSTRY STANDARDS. DISCLAIMER OF WARRANTIES. ALL PRODUCTS PROVIDED BY VENDOR ARE PROVIDED "As IS", WITH ALL FAULTS. VENDOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, OR NON-INFRINGEMENT. ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER WARRANTIES, CERTIFICATIONS AND GUARANTEES ARE PASSED THROUGH TO CITY. VENDOR SERVES AS A SINGLE POINT OF CONTACT BETWEEN THIRD PARTY OEMS AND CLIENTS TO ENFORCE SUCH PASSED THROUGH WARRANTIES, IF ANY. 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, GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) I DocuSfgn Envelope ID:053358F3-9991-45CF-9FC3-FOA1E49DFCDF i discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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 conferred by this Agreement in one or more instances shall not be construed to be a waiver or GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) I DoouSign Envelope ID:053358173-9991-45CF-9FG3-FOA1 E49DFCDF 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. I 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. Limitation. TO THE EXTENT ALLOWED BY LAW, VENDOR'S ENTIRE LIABILITY AND CITY'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE INSURANCE LIMITS AS NOTED ON THE VENDOR'S CERTIFICATE OF LIABILITY. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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. GOODS & SERVICES AGREEMENT- 6 (Over$10,000.00, including WSST) DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOA1E49DFCDF IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i VENDOR: CITY, F,KENT: Nou6lgned by: By: S{e �tV (� qi By" rCF60EEf A1914F! (st[JndtOre) t Print Name: Christopher cagnazzi Print Im —� Its CFO Its Mayor 2 11 11/ / 014title) DATE: DATE: I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Andrew Rosenbaum Sean Kelsey Presidio Networked Solutios Group, LLC City of Kent 1955 Lakeway Drive Ste 220 220 Fourth Avenue South Lewisfille, TX 75057 Kent, WA 98032 469-549-3800 (telephone) (253) 856-4611 (telephone) 469-549-3888 (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department pn Wh Held,yov may enW the ehRmnl<rfl.,nwhere the coW.a h25 been saved) I i GOODS & SERVICES AGREEMENT - 7 (Over.$10,000,00, including WSST) I DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOAtE49DFCDF 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. I 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. j ��o�o'e"u�sisnna by' I g ���U.+,r1Sfb IMDMA1914F1... For: Presidio Networked solutions Group, LLC Title: CFO Date: 11/11/2014 _ II EEO COMPLIANCE DOCUMENTS - 1 of 3 DocuSign Envelope ID;053358F3-9991-45CF-9FC3-F0A1 E49DFCDF CITY OF KENT ADMINISTRATIVE POLICY I I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 Ili SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I i EEO COMPLIANCE DOCUMENTS - 2 of 3 I DocuSign Envelope ID:053358F3-9991-45CF-9FC3-F0A1 E49DFCDF CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i I This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ___ that was entered into on I the (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 Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: I I I EEO COMPLIANCE DOCUMENTS - 3 of 3 I DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOA1 E49DFCDF i i Ili EXHIB IT A Price Quote KENT WA5NINOION City of Kent November 7, 2014 DpeuSign Envelope ID:05335BF3-9991-45CF-9FC3-FOA1E49DFCDF QUOTE: 11577204-01 PRESIDIO,,, DATE: 10131/2014 PAGE: 1of2 TO: )# City of Kent,WA FROM: ,i Presidio Networked Solutions Group,LLC Accounts Payable Brandon Vasks 220 Fourth Avenue South �, 10655 NE 4th Street KENT,WA 98032 _� Suite 212 3 Bellevue,WA 98004 J AP@kentwa.gov h' P) bvasks@presidio.com (p)503.594.0380 h� Customer#: CITY0594 Account Manager: Marlon Taylor Inside Sales Rep: Brandon Vasks Title: Nimble Storage Support 1 S(A-NBD-CS2XK NBD PARTS DEL,SW SUP&INFOSIGHT-CS2220/2401260 $3,559.76 1 $3,556.76� 'Sub Total: $3658.76 __ Grnntl Total• f $3,556.761 i i DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOAtE49DFGDF � I I (EXHIBIT B Insurance hEIYT WAS.IN41QN City of Kent November 7, 2014 i I i i DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOA1E49DFCDF i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance I 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 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 I I� i DocuSign Envelope ID:053358F3-9991-45CF-9FC3-FOAIE49DFCDF EXHIBIT B (Continued) 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. 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. 4. 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. it PRESINC-01 MCOL162019 At , Rae. DA412?J00AYYYl f ter✓ CERTIFICATE OF LIABILITY INSURANCE arzuz0la 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 BYTHE 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(les)must be endorsed. If SUBROGATION IS WAIVED,sutrjectta 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 endorsements CONTACT PRODUCER NAME: The Addis Group LLC HONE (610 279-8660 a.net, 279-8543 2500 Renaissance Blvd.,Suite 100 ac No EA: ) — E-MAIL King Of Prussia,PA 19400 ADDRESS: .- ..,. .- INSURER(S)AFFORDING COVERAGE _ NAIOu INSURER A:Great Northern Ins.CO.lChutlb 20303 INSURED INSURER a:Federal Insurance Co fChubb) 20281 Presidfo Networked Solutions Group,LLC INSURERC:ZuriOh American Insurance Co. 16535 1955 Lakeway Dr.,Ste.220 INSURER rTravelers Property Casualty 26674 Lewisville,TX 76057 INSURERS: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE 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 511OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- NSR 9R POLIO F P ICYE LIMITS LTR TYPEOFINSURANCE POUCYNUMBER MMIDD 11 MIDO A X COMMERCIAL GENERAL UAIAUTY EACHOCCURRENCE $ 1,000,00C CIAIMBMAOE M OCCUR X 35852422 10l0912013 10(01)2014 P°R MIBES Ea awrtencs 5 1,000,000 NED EXP(An one arson) $ 10,000 PERSONAL&AOVINJURY $ 1,000,909 GEMLAGGREGATE UMITAPPUES PER: GENERAL AGGREGATE 5 2,000,00 POLICY M PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,00JGCT0 OTHER: COMBNEDS TWO-La LINT $ 1,000,000 AUTOMOBILELUIeIDTY me.csfid.on A n ANY AUTO X 73543321 10/01/2013 10101/2014 BODILY INJURY(Perpemoa) $ ALL OWNED SCHEDULED _BODILYINJURY(PeraaidenQ $ AUTOS AUTOS ROPEf2Ty DA GE $ NON4)WNED HIREDAUTOB AUTOS Pal eCGdenl S X UMSRELLADAB X OCCUR EACH OCCURRENCE $ 15,000,000 B excsss LlAB CLAIMS-MADE X 79867023 1010112013 10/01/2014 AGGREGATE $ DED I I RETENTIONS Aggregate $ 1S,0JU'uUU WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y/ G980931000 03101 E.L 12014 03101/2015 1i009000r C ANY PROPRIETORIPARTNEWEXECUDVE OFFICERARAI EXCLUDEDT ❑N NIA .EACH ACCIDENT 5 EL,DISEASE-EA EMPLOYEE S 1,000,000 (Mandatory In NH) If yea,dascnba under EA.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS bass, B Errors&Omissions 5 1 983226 10/0112013 10/01/2014 Occur/Agg 1 , 00,000 D Transit-Spec Form QT66004638298 10101/2013 10/0112014 Limit ,604,000 DESCRIPTION OP OPERATIONS I LOCATIONSI VEHICLES(ACORD 101,Addesdal Remarks$therm¢,may be anaehe(I amore space Is required) Certificate Holder is listed as Addltionai Insured when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 85 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cityof Kent,WA 220 Fourth Ave. Kent WA 98032 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i i to 00 It 0Ct Cl)\ 00 \ � / ( $ ƒ 0 ) , _ ® ) F- \ j / ) \ ) , 0 = 0 $ A e\{/ / / } 2 / / 1 \\ § ` ; ~ k / / {F- ID � 1 « m « .. Z (1) « ~ L:0 ) ) ) D LO \ 0 0 0 4z2u = A ` ( ( 2 � ) Co k } q ) \ - � \ ( � » / m \ - % ƒ ! Gt * \ \ � »/ $ y2 / § ) \ � N \\ a ` C ` � 0 \ > $ � ) j } ƒ k \\ \ \ \ / 12 / _ - \ 6 7 { : \ / co 0 � � \ \ \j \ / � E (D a § o > _ � 8 / # ® @ } / ® - � ( k ° » , & { \ \ \ / $ \ } 5 - < J ex Please ad payments INVOICE. 28411059M � madede payable to: Prahco Networked Solutions Group LLD DATE: 1211212014 PO Box$77638" PAGE: 1 of i Presidia Networked Solutions Group LLC Dallas,TX 76267-7638 469549-3800 FAX:469-5493888(West) Wire orACH payments: 631-656-7600 FAX:631-656-7609(Tristate) = PNC Bank . EIN:58-1667655 Acct 8516169745 DUNS:15-405-0959 :ABA031000053 BILL TO: City of Kent,WA SHIP TO: `1 City of Kent,WA S Tamara Engwall :? Tamara Engwall 7t 220 Fourth Avenue South 400 W Gowe St Ste 122 fl KENT,WA 98032 KENT,WA 98032 Customer p: CITY0594 Customer POP, 119234 OP Account Manager: Motion Taylor Order k: 28411059 Payment Terms: Net 30 Quote M: 14677204-01 Title: Nimble Storage Support Comments: 119234 OP SLA-NBD-CS2XX NBD PARTS DEL,SW SUP&INPOSIGHT-CS220Q401260 $3,558.76 1 $33808 $3,558.76 i Sub Total: $3 558 76 '.. Miscellaneous $000 Shipping&Handling: $000 Tax: $338.08 -1 Trade Discount $000 Grand Total: '. $3,89884 rj Discrepancies must be reported within$days of receipt of shipment or shipment will be considered complete