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HomeMy WebLinkAboutIT14-094 - Extension - Solarwinds - End User License Renewal - 05/27/2015 R ecords em � KENT WASH IN Document CdTt7 N 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: SolarWinds Inc Vendor Number: 359394 JD Edwards Number Contract Number: IT H- 9 - - This is assigned by City Clerk's Office Project Name: 2015-2016 SolarWinds Annual Maintenance Renewal Description: ❑Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/28/15 Termination Date: 5/27/16 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: James Endicott Department: IT Contract Amount: $27,069.52 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, 'parcel number, tax id, etc.): As of: 08/27/14 i i Komoto, Kim From: Brubaker,Tom Sent: Tuesday, May 12, 2015`12:28 PM To: 'matthew.wagner@solarwinds.com' Cc: Komoto,Kim; 'bryan.eubank@solarwinds.com'; Endicott,James; Gonzalez, Marta li Subject: City of Kent Annual Maintenance Renewal Matthew-We've been wrestling over the renewal agreement with the city of Kent by proxy the past couple weeks. I have suggested a number of modifications to your maintenance agreement, and you've denied each one. I think that's unfair, but I understand your position, though I will be-speaking to our I.T. staff about the pros and`cons of changing software programs in the future. I-have one last request, which is that Kent will agree to the agreement if you agree to change the governing law provision from Texas to Washington. Thank you, -- Tom Brubaker Tom Brubaker, city Attorney Office of the City Attorney 220 Fourth Avenue South, Kent,WA.98032 Phone 253-856-5782 1 Fax 253-856-6700 tbru baker@ KentWA.4ov CITY OF KENT,WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL I 1 Gonzalez, Marta From: Eubank, Bryan <Bryan.Eubank@solarwinds.com> Sent: Friday, May 08, 2015 1001 AM To: Gonzalez, Marta Cc: Endicott;James Subject: FW 2015-2016 Solar Winds Annual Maintenance Renewal Goods &Services Importance• High Good Morning Marta/James, My legal department has sent the following email below in response to the modified EULA.Please let me know if anything else is needed.And I would be happy to help. Regards, Bryan Eubank-Customer Retention, Renewal Sales SolarWinds- Unexpected Simplicity Office: 385.374.7710 Fax: 512.857.0125 Looking for self-service?Your customer portal now offers Co-terming, Managing Licenses, and even creating budget quotes! Login Now Original Message---- From:Wagner, Matthew Sent: Friday; May 8,2015 10:41 AM To: Eubank,'Bryan Cc:Zador,Jennifer Subject RE:!2015-2016 Solar Winds-Annual Maintenance Renewal Goods&Services Bryan:' Please let them know we have reviewed their proposed changes, and, unfortunately we cannot agree to them. I'll be happy to address any concerns that they might have; however,we cannot modify the terms of our EULA. Please let me know if they have any other questions. Thanks. Matthew J.Wagner . SolarWinds Senior Contracts Specialist-Attorney SolarWinds Worldwide, LLC ( IT Management, Inspired By You office:512.498.6270 cell: 512.650.6769 fax:512.682.9802 explore our IT management solutions for: networks applications 'storage ( virtualization log&event Please consider the environment before printing this email. 1 The information contained in this email may be proprietary,confidential, legally privileged, and/or exempt from disclosure under applicable law'. It has been sent for the sole use of the intended recipient(s)and may not be used or disclosed other than for the purpose it was sent by SolarWinds. if the reader of this message is not an intended recipient,you are hereby notified that any unauthorized review, use,disclosure,dissemination, distribution,or copying of this communication,or any of its contents, is strictly prohibited. If you have received this communication in error, please immediately inform the sender and destroy all copies of the message and any attachment(s).SolarWinds also expressly disclaims any liability for anydamage caused by any virus transmitted by this email and any attachment(s). Thank you. -----Original Message----- From: Eubank, Bryan Sent: Friday, May 8, 2015 11:38 AM To:Wagner, Matthew Subject: FW: 2015-2016 Solar Winds-Annual Maintenance Renewal Goods&Services Good Morning Matthew, Our customers at City of Kent have sent the following email and attachment. Please review. Many Thanks, Bryan Eubank-Customer Retention, Renewal Sales SolarWinds- Unexpected Simplicity Office: 385.374.7710 Fax:512.857.0125 Looking for self-service?Your customer portal now offers Co-terming, Managing Licenses, and even creating budget quotes! Login Now -----Original Message---- From: Gonzalez, Marta fmailto:MGonzalez@kentwa`.govJ Sent:Wednesday, May 6, 2015 1:56 PM To: Eubank,Bryan Cc: Endicott,James Subject: 4-2015-2016 Solar Winds-Annual Maintenance Renewal Goods&Services Hello Bryan, attached a copy of the EULA`with the revisions that are Legal department has made. Please let me know if you have any questions. Thank you! Marta f I Marta Gonzalez,Technical Support Specialist I Technical Services Division I Information Technology Dept. 220 Fourth Avenue South,Kent,WA 98032 Phone 253-856-4627 1 Fax 253-856-4700 mgonzalez@KentWA.gov CITY OF KENT,WASHINGTON KentTV21.com facebook Twitter 'YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL - ---Original Message.----- 2 From: IT-Admin-Color@kentwa.gov (mailto:IT-Admin-Color@kentwa.govl Sent:Wednesday, May 06 2015 11:55 AM To: Gonzalez, Marta Subject: This E-mail was sent from"IT-Admin-Color (Aficio MP C4500). Scan Date:05.06.2015 11:54:56(-0700) Queries to: IT-Admin-Color@kentwa.gov kentwa.gov i 3 • WORK. REQUEST FOR LEGAL DEPARTMENT KENT Please Fill in All Applicable Boxes WA5HIN..GTQ N C�&- Reviewed by Director` Originator: Xl LP Dhone: Date Sent: File Number: Explanation of Work Request: rfn CLA e u-A C�- 0--p?U o- ` O's - I cUrc c �rb V-e-A C>- L-A o Received: City Attorney Comments: A Date Forwarded to Originator: Palmer,Quenten From: SolarWinds Maintenance <maintenance@solarwinds.com} Sent: Wednesday,February 26,20141215 AM To: Palmer,Quenten;Hettnck,James, Hirsch,Galen,Soper, Brad;Hirscht,Galen;KTown IT Subject: SolarWinds Maintenance-Action Required(SW405079) yo, tr /317 Renewal Quote solarwinds Date 5/1/2014 3711 S MoPac Expressway Renewal Quote # QN331775 Budding Two Expiration ©ate 5/15/2014 Austin TX 78746 Currency USA United States 8665308100 Customer htto !/SolarWrnds.corn Customer ID SW405079 Bill TO End Customer SW405079 City of Kent Accounts Payable City of Kent 220 4th Avenue South Kent WA 98032 United States SKU # Description Quantity Rate Tax Amount Expire Date j' 3003 Engineer's Toolset-Annual Maintenance Renewal 1 39500 395.00 5/27/2014 8325 SolarWinds Storage Manager powered by Profiler STM500 (up to 1 4,79800 4,798 00 5/27/2014 500 Disks) -Annual Maintenance Renewal 6309 SolarWinds User Device Tracker UT5000-Annual Maintenance 1 59900 , 599 00 5/27/2014 Renewal 3060 SolarWinds NetFlow Traffic Analyzer Module for SolarWinds 1 2,99900 2999 00 5/27/2014 Network Performance Monitor SLX Annual Maintenance Renewal 16012 SolarWinds Network Configuration Manager DL200(up to 200 1 1,05900 1,059.00 5/27/2414 nodes) Annual Maintenance Renewal 16004 SolarbVinds Network Performance Monitor SLX(unlimited 1 5,15500 5,15500 5/2712014 elements-Standard Polling Throughput) -Annual Maintenance Renewal 16032 SolarWinds Server&Application Monitor ALX;(unlimited 1, 6,29900 6,29900 5/277/2014 monitors-Standard Polling Throughput) Annual Maintenance Renewal Total 1$21,304 00 Keep your maintenance current to access Tech Support, FREE updaWupgrades,including all-major and manor version releases,customer only training,and additional apps/utilities available exclusively to current customers 1 If you previously ordered through a SolarWinds Partner and would like to order through that partner again, please forward this quote to them for processmg 2 Email your company Purchase Order to mantenancQ@solarwinds.com -or,fax your,order to one of the following- U5 512 857 0125, Outside the US +353 21 238 0232 - 3. Please use the lank below to pay now via credit card *No login required.* l httD //www solarw nds.com/renenrort. six?.gad=706$ ,4 r =151350 y **Contact SolarWinds at maantenancel(ftolpiw,nds com with any questions or concerns and we will be happy to assist with your maintenance renewal i SOLARININD.S J END USER LICENSE AGREEMENT IMPORTANT --READ CAREFULLY BEFORE USING THIS SOFTWARE(DEFINED BELOW) THIS IS A LEGAL AGREEMENT BETWEEN (DEFINED BELOW)AND SOLARWINDS (DEFINED BELOW)COVERING YOUR USE OF ANY SOLARWINDS SOFTWARE THAT YOU HAVE ACQUIRED YOU ACKNOWLEDGE UPON INSTALLATION OF ANY SOFTWARE APPLICATION THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS AND _CONDITIONS SET FORTH IN THIS DOCUMENT IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITONS, DO NOT INSTALL OR USE.THE SOFTWARE IF YOU HAVE ALREADY INSTALLED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE UNINSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE YOU AGREE THAT YOUR US-E OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO COMPLY WITH ITS TERMS AND CONDITIONS' BY CLICKING CAN THE "ACCEPT' BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT,OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE,YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE"DO NOT ACCEPT' BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE IN ADDfT101% (1) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT'COIVIPLETE THE DOWNLOAD,CAR(2) IF YOUR SOFTWARE WAS INCLUDED.IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE This End User License Agreement(the"Agreement°) is hereby entered`into and agreed upon by You, either an individual or an entity ("You" or"Company")and Solar'VWnds Worldwide, LLC and its affiliates, directors, officers,agents, employees, and its suppliers and licensors (collectively"SvlarWinds")for the Software (as defined below) 1. DEFINITIONS. 1.1 "Software"means the object code versions of the product, together with the updates, upgrades, modifications or enhancements owned and provided by SolarWmds to You pursuant to this Agreement 1.2 "Computer"means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a com puter system component 2. ' GENERAL USE. 2.1 Individual Components.This Software is an application made up of individual software components,each of which was individually written and copyrighted 22 Third Party Software and/or Components. ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD_PARTY'S'PLUG-IN, THAT;MAY BE PRODDED WITH THE {20147.DOCX; x SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE,THEN SUCH'USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT SOLARWINDS IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE YOU MAY ACCESS ANY THIRD PARTY LICENSE INCLUDED WITH THE SOFTWARE YOU HAVE PURCHASED AT http llwww sclarwinds comtsupportf3rdPartySoftwarel3rdParty htrn The third-party software contained in this Software may-include or contain software licensed under the following licenses,GNU General Public License ("GPU) or Lesser GNU General Public License("Open Source Programs") These Open Source Programs are licensed pursuant to an end user license agreement that permits the end user to copy, modify, and redistribute the software, in bath source code and binary cede farms These end user license agreements can be located at http 11www solarwinds comisupportt3rdPartySpftwarel3rdParty htm Nothing in this Agreement limits an end user's rights under, or grants the end user rights that supersede, the terms of any applicable Open Source Program end user license agreement 2.3 Collective Work. The Software is a collective work under U SS Copyright Law Upon installation of this Software, SolarWinds hereby grants You the following license.to use the Software in Your facility subject to the terms contained herein subject to the licenses referenced herein 3. GRANT OF LICENSE Upon payment of the fees applicable under this Agreement, Solatwinds hereby,grants to You a perpetual, non-exclusive, nontransferable license to use the Software and any,related documentation ("Documentation"),subject to the following terms a) For each registered sepal number and Software license key that you purchase, You may (i) use the Software on any single Computer,and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices within the United States and`its terptones or any other country to which this program can legally be:exported b) The Software is "in use"on a Computer when it is loaded into temporary memory or installed'in permanent memory(Hard Drive, CD-ROM or other storage device) You agree to use Your best efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure You agree that You will register this Software and its corresponding sepal number only with SclarWinds and that You will only install a Software license key obtained directly from SolarWinds 4 LICENSE RESTRICTIONS.' 4.1 You may not (i) permit other`individuals to use the Software or Documentation except under the terms listed above, (n) modify,translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works`based upon the Software or Documentation, (ni)copy the Software or Documentation (except for back-up or archival purposes); (iv)rent, lease,transfer,or otherwise transfer nghts'to the Software or Documentation,or (v) remove any proprietary notices or labels on the Software or Documentation Any such forbidden use shall immediately terminate Your license to the T r Software he recording, playback and nl r a download.features f heonly, k t es o the are.intended .for _. _g P yb use with public domain or properly licensed content and content creation tools You may, i (20147.DOCX) J require a third party license to create,copy,download, record or save third-party media or content files for playback by this Software or to serve or distribute such files to be played back by the Software 4.2 SolarWinds Name. You may not delete, remove, hide, move or alter any icon, image or text that represents the company name of SolarWinds any derivation thereof, or any icon, image, or text that is likely to be confused with the same All representations to the company name"SolarWinds"must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual, property symbol or notice requirement 4.3 Export Restrictions.The Software(including encryption software)and Documentation (including any technical data) delivered to You under this Agreement are subject to U S export control laws and regulations and mayalso be subjectto import and export laws of the jurisdiction in which it was obtained, if outside the U S You shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation You agree that You will not export, re-export,or transfer the Software or Documentation, in whole or in part, to any country,person, or entity subject to U S export restrictions. You specifically agree not to export, re-export, or transfer the Software or Documentation (i)to anT country to which the U S has embargoed or restricted the export of goods or services,or to any national of any;such country,wherever located,who intends;to transmit or transport the products back to such country, (ii) to any person or entity who You know or have reason to know will utilize the Software or portion thereof in the design,development, production or use of nuclear, chemical or biological materials,facilities;, or weapons,or (ai) to any person or entity who has been prohibited from participating in U S 'export transactions by any federal agency of the U1 S. government 4.4 Compliance;with Applicable Laws. You agree that You shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and documentation,including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights 4 5 Use by Network Monitoring Services Providers.SolarWinds strictly prohibits the use of the Software to sell or provide network monitoring services to users who are not individually licensed by SvlarWinds except as described herein (a) tf You represent a Web Hosting company(also referred to as managed service providers, internet service providers, or xSPs),You may use the Software to test and report the applications, servers and equipment resources You use to provide hosting services to Your customers,or (b) If You operate a data center or provide infrastructure services,You may use the Software to test and report applications, servers and equipment whether such Resources are owned by You or Your customers If You are an IT consultant, IT solution provider, or facilities management provider, who deploy or maintains networks, security solutions,communications solutions,hardware, software components,upgrades, etc , You are required to individually license each of Your customers 5 RIGHTS,TITLE,AND INTEREST TO INTELLECTUAL PROPERTY. Unless as conveyed herein, all rights,title, and interest in and to the Software, Documentation, and corresponding intellectual;property{including without limitation any images,photographs, 120 I47.DOCX) i animations,video, audio, music,and text incorporated into the Software,the accompanying nnted materials, and.any y copies of the Software}shall remain in SolarWinds or its suppliers 4r are publicly available This Agreement does not grant You any rights,title, or interest in or to any trademarks,service marks,or trade secrets of SolarWinds or its suppliers The Software and Documentation are protected,by the copyright and intellectual property laws of the United States and international copyright and intellectual property laws and treaties All title, rights, and '.interest in and to content,which may be accessed through the Software("Content'), is the property of the respective Content owner, shall be retained by the applicable Content owner, and may be protected by applicable copyright or other intellectual property laws and treaties This Agreement gives You no rights to such Content, including use of the same All rights not expressly granted finder this Agreement are reserved by SolarWinds,its suppliers, or third parties 61., DATA RIGHTS. SolarWinds agrees that the data and information(including without limitation, computer software, computer database, 'computer software documentation,' specifications,design drawings,reports, blueprints, and the like) generated by the Software from Your proprietary data and information shall be and remain Your sole property SolarWinds may collect and track non-personally identifiable information about You, including but not limited to Your iP address,the type of hardware You use,and the type of browser You employ, to assist with the necessary operation and function of the Software SolarWinds reserves the right to compile, save and use within the of SolarWinds'activities acti ti and p es to analyze an and all Y Y 1of Your data (registration data and use history) lard So n ds use f n { g �) o a such data shall,be for Y internal purposes only, including without limitation for the purposes of responding to Your requests for information,',for contacting You, or providing You maintenance and support' Any such use of Your data will be treated as confidential information .SolarWinds may provide aggregated statistics about Your use of the Software to third parties, but such information'will be aggregated so that it does not identify a particular individual or company T. LIMITED WARRANTY. SolarWinds warrants to You that for a period of thirty too days following delivery of the Software to You that the Software will perform substantially conformance with the published Documentation SolarWinds does not warrant th the Software will meet all of Your requirements or than the use of the Software will be .iced- -- or error-free The foregoing warranty applies only to failures in operation of the flware that are reproducible in standalone form and does not apply to (f) Software that Srl" modified or altered by You or any third party1hat is not authorized by SolarWin s;(i)Software that is otherwise operated in violation of this Agreement or other thala-in accordance with the'p klished Documentation, or(in) failures that are caused by oth are or hardware products �;To the maximum extent permitted under applicable 1a SolarWinds and its'supplier's entire liability, and as Your exclusive remedy for any of the foregoing warranty,'SolarWinds will;at its sole option and expense, prom pair or replace anymed>crm or Software that fails tio'meet this limited warranty or, if nds is unable to repair or re lace'the medium or the Software P refund to You the a ptrcableliGense fees paid upon retum, if applicable, of the: nonconforming item to So rids The warranty is void if failure of the Software has resulted from accident abuse, or misapplication Any replacement Software will be warranted for 30_days SOLARWINDS WARRANTS THAT THE SOFTWAR TED DOCUMENTATION DO NOT INFRINGE ON ANY PATENTS, COPYRIGHT OR T EMARKS OR CONSTITUTE MISAPPROPRIATION OF THIRD PARTY.PROPRIE INFORM A EXCEPT AS EXPRESSLY',STATED i -H SECTION, SOLARWINDS IS PRO\ADING AND LICENSING THE SOFTVV &T�l�"A�S IS"WITHOUT WARRANTY OF ANY KIND a i {20147.D0CX} i EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LI D T THE IMPLIED _-- WARRANTIES OF MERCHANTABILITY, NON-INFRINGE T, FITN PARTICULAR 'PURPOSE 8. LIMITATION OF LIABILITY. TO THE MAXIMU XTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT WILL SOLARW S BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF LICENSE'FEES THA OU HAVE PAID TO SOLARWINDS IN THE PRECEDING(12)TWELVE MONTHS OR IABLE TO YOU FOR ANY INCIDENTAL OR CONSEQIJENTIAL DAMAGES, INCLU I`G LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL.OR CONSEQUENT DAMAGES, ARISING OUT OF THE USE OR INABILITY TO tJSE THE SOFTwI-1FiE O OFTWARE PROGRAMS, EVEN IF SOLARWINDS OR A DEALER AUTHORI7FD SOLARWINDS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE W of 4St�NCt"'�0�-� 9. MISCELLANEOUS. If any promsio this Agreement is held to be unenforceable, that shall not affect the enforceability of the reVining provisions This Agreement shall be governed by the laws of the State of. mnd of the United States, without regard to'any conflict of laws provisions, except that the United Nations Convention on the Internabonal Sale of Goods shall not apply You hereby consent to jurisdiction of the courts of both the state'or federal courts of'T s;A- wh3ttwtOA,J 'LOB. COUNTERPARTS AND FACSIMILE SIGNATURE. This Agreement maybe executed in,counterparts,each of which shall be deemed an original and all of which shall constitute one and.the same instrument The Parties may exchange signature pages by facsimile and such signatures'shall'be effective to bind the Parties I1'1. COMPLETE,AGREEMENT. This Agreement'constttutes the entire agreement between the Parties,and supersedes all prior or contemporaneous communications,agreements and understandings,;,written or oral,with respect to the subject matter hereof including without limitation the terms of any party Agreement or any purchase order issued in connection with this Agreement This Agreement shall not be'amended or modified except in a writing signed by authonzed representatives of each party 1 RESTRICTED RIGHTS. SolarWinds`Software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is prm.4ded with LIMITED RIGHTS Use,r duplication,' or disclosure by the government is subject to the restrictions as set forth in s,� bbparagraph "C"of the Commercial Computer Software--Restricted Rights clause at FAR , 527-1 g. .In the event the sale is to a DOCK agency, the governments rights in software, supporting i documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252 227-7015 and DFARS 227 7202 Manufacturer is SoiarWinds Worldwide, LLC 3711 South MoPac Expressway, Building Two,Austin,Te as 78745 €20147.DOCX 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 Insumnm Contractor shall obtain insurance of the types described below: 1. Commercial General'Liability insurance shall be written on ISO occurrence form CG 66.61 and shall cover liability ansing from premises, operations, independent contractors, products-completed operations, personal injury and advertising Injury, and Ilabiiity assumed-under an insured contract. The City shall be named as an insured under the Contractor`s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20,10 1185 or.a. substitute endorsement providing equivalent coverage. S. Minimum Amounts of tnsurranc+a Contractor shall maintain the follow' ng Insurance[ImIts: I. 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. 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 nsuran ceq 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. I 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after a t EEC ISIT B (Continued) f 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 Liabliity) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shaft be attached to the Certificate of Insurance. The City � reserves the right to receive a certified popy of all required Insurance Policies. The Contractor's Commercial General � lability insurance shall also contain a clause stating that t coverage shall apply separately to each insured against whom claimis made or suit is brought, except with respects � to the limits of the Insurer's liability. Daero F tiY tnbiii of Insurers Insurance is to be placed with insurers with a current A.M. Hest rating of not less than ANII. E D, Verification of Coverage Contractor shall furn{sh the City with original certificates and a copy of the amendatory endorsements, including but not necessarily llmited.co the additional Insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Work. F. Subcontractors i Contractor shall Include all subcontractors as Insureds under Its policies or shall furnish separate certificates and endorsements for each subcontractor. Al I coverages for subcontractors shall,be subject to all of,the same insurance requirements as stated herein for the Contractor. EXHIBIT A Price Quote • KEN Wv�►�N ��c�o City of Kent April 8,, 2014 y p I O to co M T- T- � co 47 co oo CM to CD 00 to C) CC) LO � O C'M O r L6 vi 1� cM N , V to 00 co O) � O to M N 06 6' , to N CO M �' ty 'fit co M r- P- N to ti M O O cN N 'F- (D x O U) 00 CO V- r cM V C;) cfl 00 M Lo m 00 to C j c ( 6 4 00 tfi ti N 4) � M �' Co.COV dV (7 N is N Nam ' O o 0 0 0 0 0 0 0 — X C5 o L6 ui 6 of oo tsi O F O N i-- N M I-- M M M aLO U o cfl O r LL U � a,; W M 1 c0 N d ,Q 00 N ( N c�_ Ij CO) CO)C H r 00 'C Q N (Y) 1 j 0 � X dt Z C) 0 0 0 0 0 0 0 N o 0 0 0 09 0 0 CN CIO = U C0 E V N f-- N -M r- m m '• _ (0N co CQ e- I-- M co ccOLO Cl) X _ to M cfl N �i w (D 0c- O ® O >'tnc Qo L cu Lm_ L r- P- to N C.) 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I i I I I- I. ii 11 �' I I � "I.-��II�I i;::II 1�.:.I r, 1,:; 1,,I,,"":.,',II����:-���,i'i L"'1 s-:I-I N--II I��,,' 0I'7 I', r,.-'-:I rI'!1,;:�I;,,iii:ilr�I'r,1 1Im,,�,1l.' ® Print on Cherry-col®red Paper DENTII ,, WAS;N.I NCF T-USN '. .: Routing Information (ALL REQUESTS MUST FIRST BE,ROUTED 11 THROUGHN THE LA D�PARTMfEN�. c. A/sproyed by Directdc C ' Sri inator: James Endicott Phone ®ri inator 253-856-4620 Date S'llent- 5/11/2015 Date'Required:5/13/5015 Return Si" fined Doc�1 . irn"ent to:H.Haley Contract_Terrnination Date: 5/27I I D Fin 'nce N ofied: � . VE"N®t)R'WAM E. ate a o Onl re require on contracts 5 8 15'( y q e / / , S o 1 a.r vJ r�c�s $l0 00'0 and over.or on an Grunt �1TE �� C®�IVCIL APPROVAL: Date;Risk Manager IVot'ified:3/31/2U15 " I 12/1,6/2, 4' 11 Re uired oriI Non-ci Standard Contracts[A reements Hai this)Document'i Spey ifinally 'it ��Accb0nt Number: ` �� t�uthlorized in the Biad et? _:DES + C� � [ j 52001740.64ill �830l.1800 t �. . 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