Loading...
HomeMy WebLinkAboutIT14-341 - Original - Allied Telesis, Inc - Contract - 3/1/14 i „" 51 `tom re'` fr +ih9d Records40!150�. ."ge rn e W.sa „otoar Documenfi ay, A 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: Allied Telesis, Inc. Vendor Number: 328670 7D Edwards Number ' p � Contract Number: - 4 This is assigned by City Clerk's Office Project Name: ,Allied Telesis Technical Support & Maintenance Renewal,_,___ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 3/1/2014 Termination Data: 212812015 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment 1 Contract Manager: Seance Department: IT Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\Forms\ContractCover\adcc7832 i 11/08 III i I T 'M1'h y.+r rior4 er ®pup �Ep ' LGOODS fat SERVICES AGREEMENT between the City of Kent and Allied Telesis, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Allied Telesis, Inc. organized under the laws of the State of Deleware, located and doing business at 3041 Orchard Parkway, San Jose, CA 95134 (hereinafter the "Vendor"), 2. AGREEMENT I. DESCRIPTION OF WORK. l Vendor shall provide the following goods and materials and/or perform the following services for the City: See Exhibit A (Attached) 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 by 2/28/2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed i $42,307, 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: Annual Renewal March 1, 2014 - February 28, 2015 i GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) i If the Cityobjects to all or an portion of an invoice its all notify Vendor and reserves � y po n h fy n n 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: Waived of Clairrrs. ' 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, INDEPENI)ENT 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. 57.08 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. i F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. i ' I GOODS &SERVICES AGREEMENT- 2 (Over$10,000.00, including IVSST) ! I 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 !mown 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 to 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, i 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 I 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: I 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) I 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. I 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 PLotesteA W rk. 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 Warr. 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_#S FpiLgw.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 GAYS 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. DISCRIMINATIONS. 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, GOODS &SERVICES AGREEMENT- 4 (Over$10,000.00, Including WSST) I 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, TND3EMINIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officiais, 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. 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 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, not to exceed the total value of this support agreement, as detailed in Section III. 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. MISCFILLANEOUS PROVISIONS. A, Recvdable 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. I I GOODS & SERVICES AGREEMENT 5 (Over$10,000.00, including WSST) B, Non-Walver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect, C. R solytign�fi 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 Icing 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. Mpj If cation. 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 A, rq eement, 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. I I. mounters. 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. GOOOS &SERVICES AGREEMENT- 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOP: CITY OF KENT: By:,_ By: (signature) (signature) Print Name:-9KLqUdM Print NarAe,ZSuzette Its Corporate secretory DATE! C-/6 - zo� DATE: -Z-,? NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR, CITY OF KENT: Elias Carrillo Sean Kelsey Allied Telesis City of Kent 19800 N. Creek PKWY #100 220 Fourth Avenue South Bothell, Wa 98011 Kent, WA 98032 408-519-8762 (telephone) (253) 856-4611 (telephone) (facsimile) (M) 856-4700 (facsimile) APPROVED AS 0 TO : Kent Law Department GOODS & SERVICES AGREEMENT- 7 (Ovcr$10,000.00, including wSsT) 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 co*ntract and it will beat the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 3. 1 have read the attached City of Kent administrative policy number 1.2. 4. 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 ot- physical disability. 5. 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. 6. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities, 7. 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. Dated this day of Mq Y 20 IV. By: For: Mick Burke Title; Corporate Secretary Date: I i i CITY OF KEN*r ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I 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 i i ; I i ; i i 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 I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare i that the before-mentioned company was the prime contractor for the Agreement known j as that was entered Into on 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. Dated this day of 20� By: For; Title: Date: f i i i EXHIBIT A Price Quote ' AD. KENT City of Kent April 8, 2014 i I i III I i I MAY 1,2014 isl AREP d Tees AGREEMENT NUMBER�8AC10klS ENTQ32614 Allied i i .Service and Sor ACIree a for 4 i March 26,2014 a _ Caseomerinitials_ Allied Telesiv Initial s — @ 2414 Allied Telesis,Tne, k e 1 of 20 I MAY 1,2014 Ac>z><~,Pz><EN'TWIVIBE .-SAC10FUNT032614 ARVAllied Telesis' I i Allied Telesis is pleased to offer City of Kent comprehensive support services.The Products pricing and Services offered are outlined in Exhibit A to this letter. Exhibit B outlines the applicable terms and conditions. The support agreement ("Agreement") is entered into as of March J. . 20 1.4 (the "Effective Date"), between Allied Telesis, Inc., a Delaware corporation with offices located at 3401. Orchard Parkway,San Jose,CA 95134("Allied Telesis")and customer as named below("Customer"). i Legal Name: _ Place of Incorporation: Address: Principal Contact: Phone: Fax: ._ Term of Agreement 1 Year(12 Months) Allied Telesis Agreement Number; This Agreement consists of this signature page and Exhibits A—B attached to this signature page and incorporated by reference, This agreement, including the Exhlbits and any agreement expressly incorporated by reference therein, constitutes the entire and exclusive agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous communications and understandings between the parties,written or oral,relating to this subject matter. IN WITNESS WHEREOF, Intending to be legally bound,the parties have executed this Agreement by their respective duly authorized representatives as of the Effective Date. Allied Telesis,Inc, City of Kent I Signature: 7ir &�'tN Signature: I fit Printed Name:-- g 1 � r K6 Printed Name: Title: t LtapflkftY ) Gp�Y2 Title: Custnnter Tnitials Allied Telesis inikials - 0RJ4Altiet7Telesis Ines___ __ -----------__- ----__Pa}ne2ofx0..__ .. MAY 1,2014 AGREEIYTENTNUMBER—SACTOFKENT©32614 -Ar Allied TelesIS I i EXHIBIT i Service and Support Agreement Prepared for City of Kent i i March 26, 2014 AGREEMENT NUMBER—SACIOFKENT032614 _ Customerinitiats_ Allied Telesis Initial ---- 02014 Allied Telesis,ttae. -- -------_.__._-_. Pale 3 BOO I i I MAX 1,2014. AGREEMENT NUMB] R-SACTOFKENT032614 V Allied Tells i I. EXECUTIVE SUMMARY This document provides the pricing,terms and description of Allied Telesis Services for Allied Telesis Products purchased by Customer. The applicable Products are listed in Section A. This document supersedes any prior i support agreement for the Products. The pricing as shown in Section M also supersedes the pricing associated with any prior support agreement or proposal provided to Customer. I H. PRODUCTS This Agreement covers the following Allied Telesis products,as of the Effective Date: March 1,2014 O See Product List Attached—Section A—Equipment List(Page 9) III. PRICING Support Fees:The Support fee for items included in this proposal: 24x7x365 Technical Support $19,317,98 Two Da Advanced Replacement _ $12,878.66 Software Updates $6A39.33 Iv. PROPOSAL NOTES 1. Proposal expires after thirty days from offer date. I 2- This support agreement runs from March 1,2014—February 28,2015 3, This support agreement applies to all Allied Telesis Products listed in Section A that have been purchased.by Customer. 4. Prices are provided in US dollars. 5. Support agreement renewals will occur on an annual basis after the initial term. 6. New Product purchases made during the term of this Agreement will be charged 4.80910 of Produet MSRP,pro-rated to the terms of this Agreement. - r Custom lnitlals—.—,_ tllbed Telesis Iziitiais , ---_._ ©2pI4 Aified Telesis,be. _... __...,..._ ----------- —rage 4 of 20.__ .. MAY i,2014' AGREEMENT NUMBER- SAC1 MENT032614 'Allied Telesis' I 7_ Allied Telesis will only support networks within two(2) major releases of the then current software code levels for a given Product.City of Kent will be responsible for keeping the network at acceptable levels to maintain support. 8. To order support,a Customer purchase order must reference the following: quote number,part number, description,quantity, unit price,extended price,bill to and ship to addresses. 9, Shipping charges&sales tax are not included in this proposal. i IIII I Customer Initials_ Altied Telesis Suttials lQ 2014 Allied Telesis, fne.----_— I I N 2014MAY 1, AGREBMEN M Allied Telesis AGREET'NUMBER—SfaCl()£1f.EN`1@32614 V. SERVICE DESCRIPTION Technical Support This service provides Customer with technical support for emergency and general network support issues and questions.Customers are provided toll free access to Allied Telesis support engineers via the technical support line to address Allied Telesis Product-related issues. Priority 1 level (critical network outage) issues receive 365 days X 24 hour coverage. Priority 2-4 level Issues receive 5:00 a.m,to 5:00 p.m. Pacific Time coverage. Support engineers will log, investigate and troubleshoot issues and apply remedial action to Allied Telesis Product issues. Network technical support is not intended to include the following: • Design,configuration or other Allied Telesis Professional Services o Allied Telesis troubleshooting of network issues isolated to non-Allied Telesis products or third party vendor hardware or software. • Allied Telesis troubleshooting of network due to Customer self-induced issues where Customer technician errors cause network outages. Customer to open incident report with Allied Telesis when there is clear evidence the problem is associated with Allied Telesis Products,Incidents must be reported to Allied Telesis via the Service Portal (this Is the preferred method)or via Allied Telesis's technical support 800 contact number o Allied Telesis will diagnose software or hardware faults in the Allied Telesis Product. ® initial fault diagnosis must be conducted by the Customer to establish that the fault is not within its responsibility and Iles within the Allied Telesis Product prior to reporting the fault to Allied Telesis support. e Allied Telesis is not responsible for repair, damages of any reported faults outside Allied Telesis Product line. • Once a fault has been resolved by Allied Telesis,the fault ticket details will be updated within the Allied Telesis ticket system and the incident closed. Customerinitials—._.. Allied`Telesis lni.tials"x"t —�- 2014 Allied Telesis:lnc`.�_._ I AA EWMEIiTriUMBER--SACIOFFUN` 032614 AWAllied Telesis i Software Updates This feature allows for notification of the operating system, software patches and MAINTENANCE releases revisions as soon as they are released to our restricted web site and apply to your particular installation. Software and release notes can be downloaded directly from Allied Telesis'technical support restricted website, and activation is included with the purchase of your support contract. Maintenance Releases include changes to address feature bugs and security fixes.No change in behavior or new Ainctionality is introduced. No warranty is made on the interoperability or management of hardware and/or software declared by Allied Telesis to be in an end of sale status. End of Sale{"EOS")status is based on formal notice by Allied Telesis that on-going service and support will be terminated as of a stated date Product Replacement Product replacement IRMA)requests will be submitted by the Customer using the Allied Telesis Service Portal. Customer must provide detailed information for each unit that identifies the part,problem Identified and i troubleshooting steps taken. Allied Telesis technical support will review the RMA request and work with Customer technician for each unit submitted to attempt to further isolate the problem and resolve the issue. Allied Telesis reserves the right to charge Customer a processing fee for a Product that is submitted as an RMA by the Customer and upon receipt and testing by Allied Telesis logistics,is determined to have no problem found. This service provides Two Business Day advanced Product replacement and workarounds to correct bugs, malfunctions, system errors and other related problems that adversely affect the Product's ability to perform to published specifications. Shipping costs for defective units being sent to Allied Telesis are the responsibility of the Customer. However, all outgoing shipments are performed at Allied Telesis's expense, For Same day I shipment, advanced replacement requests must be submitted by 1:00 PST/PDT during business days and is limited I to the contiguous United States and Canada unless otherwise specified in your Support Agreement, Allied Telesis may repair or replace Allied Telesis hardware Products with either new Products, repaired, or refurbished Products, or Allied Telesis Products with a similar or nearest equivalent specification when the i original product has been discontinued. Customer initials_ Allied Telesis initials O2014 Allied Telesis,.be. Pa.eS 7of2[). .. _ I it II MAY 1,'2014 AGREEMENT NUMBER-S.ACIOYKENT0-02614 Allied Te)iz515 Configuration Assessment To assist in the setup and configuration of Allied Telesis's Products, this service includes standard evaluation of Customer baseline configurations produced by Customer or Allied Telesis Professional Services. Network technical support is not intended to be associated with the following items: configuration of new device deployments, network design or changes to existing Infrastructure must be performed either by Customer or ; Allied Telesis Professional Services, Quotes for-Allied Telesis Professional Services offerings can be provided on a fixed bid. Qntirte Solutions The Allied Telesis Support Portal (itip' v w.a li dtelesis comisupportcentgr) offers a dynamic way for customers to interact with Allied Telesis's support staff as well as download solution and product information from our extensive database. The Support Portal is designed to facilitate customer inquiries and assist Allied Telesis customers in troubleshooting any product questions or issues they experience. Contact our technical support staff around the clock,from anywhere in the world, using the"Create New Case" feature.Responses will return directly to your c-mail within 24 business hours of submittal, Key Support Portal benefits Include: - • Real-time 24 x 7 x 365 access to the Allied Telesis knowledgebase database. 4 The knowledgebase uses self-learning technology,constantly expanding to facilitate customer inquiries,problems and solutions. a Browse by category,or key-word search forquestions and answers in our in-depth database. c Receive automatic updates to inquiries and answers via e-mail. • Submit on-line questions,RMA requests and comments directlyto our technicians. I Customer Initials_ Allied Telesis inttiats_„_ p.2074Alted_SelesAsZlnc.._.____._--------.-------------------- --_ .Page8of20 i MAY 1,2014 AGREEMENTNuM13.e-n-SACz0FUNT032614 = Allied Ielesi5 i Section A- Equipment List Model City AT-9000/28-10 8 AT-9000/52-10 13 AT-FL-SBX9-01 6 AT-FS716 -10 13 AT-GS950/8POE-10 19 AT-HS-STK-CBL1.0 6 AT-PWROS-10 _ 14 AT-P W R3202-00 1 AT-PWRBOO-10 _ 39 AT-RPS3204-10 1 AT-SBX908-00 7 AT-SP10LR 41 AT-SPIOSR _ 3 AT-SPLXIO 3 AT-SPSX 19 AT-STACKXG/0.5-00 I AT-STACKXG/1-00 I AT•STACKXG-00 22 AT-X600-24TS/XP 2 AT-X600-48TS/XP 2 AT-X610-24TS_/X-POE+ 5 AT-X610-48TS/X-POE-1- 34 AT-XEM-12S I AT-XEM-12T _ 21 AT-XEM-2XP 17 AT-XPLR 29 AT-XPSR 6 I I CastomerinRIals,_ Allied Teles'asInitials ©.2014AI1zed Telex"�Cuc ------ .__-___�—_ .Y494 of20 MAY 1;201h ' . . AGRFFMFNTNUMBER-SACZQFKENT032614 Alli d f leSiS` i I fnstomor omal$� Allied Telesis Initials ©2074 Allied Telesas,_[_ttc.----'---------_,.---.. ,_Page X4 nf20-- � i ' i � I � � EXHIBIT 6 Insurance Requirements #*AN : ~ »* KENT City of Kew April 8, 2014 � i I roc CERTIFICATEOF LIABILITY INSURANCE 30f2014OATETMNV Y 9I30/201G �_ I 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 pollcygos)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement. A etatemant on this certificate does not confer rights to the certificate holder in lieu of such endorsements, PRODUCER �atatjrlalJDmeYka�. _ _ ANT Woodruff-Sawyer&Co. PH Na ..... F .. .. 50 California Street,Floor 12 rmlL F1415-391.2141 _ two NmA15-989 9923 -,_ San Francisco CA 94111 AookE55. eykoQyr�aJr dcoGpm INSVRER(S AFFOROINO COVE RAGE tdAiCN MsURERA: 1 sUranCP.GDmPanv 1 INSURED ALLITEL-O'1 rzlsurseao:$farN�Lirts�a_neD9ompslLty .. 945_.. Allied Telesis Ino. INSURERC 3041 Orchard Parkway .--. -...--._ ...... San Jose CA 95134 !NSURERE: __ I COVERAGES CERTIFICATE NUMBER:11/2298495 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLI Y PE CRIOD 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 811OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .pOLiCY �rR TYPEOPINSURANCE 11 Two POUCYNaMBER AOVDD IdMJ00 OMITS A OENERALUABIDTY Y 5Sa08S2 i2014 V112DIS EACHpCGURNENCE _""UO,DtlO — X CDMMERCAAL GENERAL NARfitIY PRE1449S,oF9 oNwuemn $1.000000 _ CLAIMS-MADE Dow tA_EO eYY{AnY oneperson} St0,00_0 _ PERSONA4&ACV INJURY 1$1000,000 i_C8NERALAO1SRE_ATR �S2Ao0�000 GsPLAGGRSMT6UMITAPPLrF$PER I pRODUSTS-COMPA)PAGO $200,, 0,000 POLICY OZ.. LW °+ A AUTOMOeiMUNAILITY 73285946 211=14 12D15 ttaa�i}_ - __ 100D 000 X ANY AUTO BODp.Y INJURY(Pat AUTOc AUTOSULEONOTFO 9Ffi0DILYtNJURY t$rdaid',nI) $ _._.. HIREDAUr09 ...._ AUTOSMED �IN pC A X UY48RELLA WAD X OCCUR 7979C90 Y112014 V112015 EACH OG RRWCe_ $25000000 EXCESS LIAa CLAIMS MASS AGGREGATE S25,VUD,000 DEG X I RETENTION NII $ a WORKERSCOMPENSATiON 1483022 1A2014 J82D15 X rATU-7ZOTH '1-- AND EMPLOYRR$'LIARIUw YIN Mom.—_. —�.-- ANY PRDPRIET)RMARTNERr CT VF. E_LEACHA%IUENT $1,030,000` OFFICERB,IEMBER EXCLUOEW �3NtA Memufury In NN} €L.015EASE-EA EMPLOYE Si,000,000 /yBs dembs vr4er ______. s.e.' ___.__.-...___ _.._ OES�RIPTIONO OPF ERATIOF1S Ue:ay.,,_._,--- E.L.DISEASE.-POt10V LiNiT S1A0D0,000 DE4CRIPnON OF OPERATIONS/LOCAr10NSiVEF1I0lED(Attach ACOhU W 1,AddRi4nut R4m4,Ys Schetluie,Hmore space Lc required) The City of i<ent is intended as Additional Insured with regards to General Liability perform 80 02 2367.POlictes contain a 30 day notice of cancellation for any reasons,other than non-payment of premium per form 80-02-9779, i i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN Cityy Of Kent ACCORDANCE WITH THE POLICY PROM$IONS, 220 Fourth Avenue South Kent WA 98032 AUTHORMED REPRESENTAnvE r71958-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010f08) The ACORD name and logo are registered marks of ACORD I i Liability Insurance Endorsement Policy Pertod FEBRUXRY I,2014 TO PFBRUA.RY 1,2015 Effective Date APRIL 1.4,2014 Policy Number 3539-08.62 SFO Insured ALLIED TELESIS,INC- Name of Company FEDERAL INSURANCE COM-PANY Date Issued APM 24,2014 i This Endorsement applies to the following forms. GENERAL LIABILITY MFORMATIONAND NETWORK TE.CHNIOLOGY BLENDED LLADILITYINSURANCE Under Who Is An Insured,the fottowingpravislonis added: Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown in the Organization Schodulo,acting pursuanttoa written contractoragreementbawean you and such personor organization,is an insured;but they are Insureds only with respect to liability arising out ofyour- operations,or Your Qrernises,ifyou arc obligated,pursuant to such contractor agreement,to provide them with such insuraRoo as is afforded by this policy, However,no such person or organization is an insured with respect to any: assurnptzon of liability by them in a contract or agmeraout.This lituit diondoes not apply to the liability for damages for injury or dwnago,to which this it)suranceapplies,that the person or organization would have in the absence of such contract or agreement. damagcsarisiag out of their sole ocghgence. Schedule City of Kent 220 Fourth Avenue South Kent,WA 98032 I Vabiitty Insurance Additlonal Insured-5chsduled Person Or Organlzaoon conunued Form 80-02.23U7(Rev.8-04)�_"endorsement �� Page 1 I UabilityEndorsement (continued) All other terms and conditions remainunchnnged. i I AutharirodRaptasantstive I i tlab1111ytnsurance Add onatlnsured-ScheduledPersun yr vrgamizauon /astpage Faint 80A2-23V(Rev.8,04) Endorsement Pogo 2 Policy Conditions i Endorsement PollayP'-dod FFBR(JARY t,2014 TO FFBRTJARY t,2015 Etfeotive Cote APRIL 14,2014 Policy Number 3539-08-62 SPO Insured ALLIED TELESIS,INC. i Name of Company 14FORR.A1,INSURANCBCOMPANY Date Issued APRIC,24,2014 This Endorsement applies to the following foams: COMMONPOLICY CON7}MONS Under Conditions,the following condition is added. Conditions Notice Of Cancellation Mien we cancel this policy far any season,otherthan nun-paymewof premium,we will notify To Scheduled Persons petsort(s)or azganiration(s}shown in tho Scliedulcat(cast 30 days in advance of tho cancellation Or Organizations When date' we Cancel Any failure by sus to notify such person(s)or o[gan(za as{s)will not; impose any liability or obligation of any kind upon us;or • 3ttvatidatosucltcancet[ntion. schedule Persan(s)orOrganization(s): Quadrus Send Hill LLC elo Lo Property Management Address: 2400 Sand hill Rd;Ste 101 Menlo Part(,CA 94025 Porsen(s)orOrganizatlon(s): 11.0luternational INive,L1.C. do CP.Management,Inc, Address: II Court Street,Suite 100 Exeter,NH 03833 Be: 12 Rye Street,Ste 310,Portsmouth NH 03801 Polley Condihions Notice OfCencolleaon To SchedufedPersons,Or6uanizatlons prept Non-Payment Ofpmari o) continued Form 80,02-9779(Ed.3-19j EndWs'remerrt ~. - P4901 i {contlnued) Person{g}or Oxguuization(s); CityuMmt Addtess: 220 Folu d,Avenue 8outtt Kent,WA 98032 I i Al!otl=te=vndc uditionsremain unchanged. ' AothaizedROpa3santeG'ye��^�Y��� _!•t77 !I � I i I Polloy Cortdlons _ Notice QFGenc tl8lion TO SchaduledPmans QrOigsn¢aeons(ExceptNot pern nfOfPremidm) lastpage Form 8002,9779(Ed.3-f1) Endo(setnunt - Page 2 I REQUEST FOP, MAYOWS SIGNATURE 11" �K � Please Fill in All Applicable Boxes ir Routing 1nfQrmaUQn (ALL REQUF-oTS MUST FXRST BE ROUTED THROUGH THE LAW Df--.PARTMF.-NT) -0riginator: Sean Kelsey Phone (Originator): 4611 Date Sent: 5/20/14 ^ Date Required: ASAP Return Sign ed Document to: CONTRACT TERMINATION DAM 3/1/14 VENDOR NAME; Allied Telesis, Inc APPROVAL: Brief Explanation of Document: Surnmary. This is the annual maintenance support agreement for products purchased from Allied Telesis. This maintenance covers all core networks switching equipment. Budget Impact: Project funding is covered by operational funds in the 2013 2014 Biennial Information Technology Budget. All Contracts Must Be Rooted Through The Law Department (-rhis area,t/be completed by the Law Department) Received: t y�lv !'A' Q If � 'z Approval of Law Dept.: ------ w Dept r ornrncq�s: 1J, 1451N", Date Forwarded to Mayor L Shaded Areas To Be Completed By Adminis Received: EC R ecom mendations and'*Comm. of Z AY 2,3 1w g ClTyOF I<E-.Nr Date Returned:. 6e".