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HomeMy WebLinkAboutIT15-383 - Original - Presidio Networked Solutions Group, Inc. - 2016 CommVault Software Premier Support Coverage - 12/06/2015 WASH 1NtlY ON ^" Document 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: Presidio Networked Solutions, Inc Vendor Number: 800752 JD Edwards Number Contract Number: 1T5-2)S3 I This is assigned by City Clerk's Office Project Name: 2015-2016 Presidio-CommVault Software Premier Support Coverage Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/6/15 Termination Date: 12/5/16 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: James Endicott Department: Information Technology Contract Amount: $41,841.66 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 DocuSign Envelope ID:C478Dg7C-BB09-48FE-AF05-FC7E49808C16 GOODS & SERVICES AGREEMENT between the City of Kent and Presidio Networked Solutions Group, Inc, THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Presidio Networked Solutions Group, Inc. organized under the laws of the State of Texas, located and doing business at 1955 Lakeway Drive Suite 220 Lewisvllle,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: 2015-2016 Presidio Annual CommVault Software Premier Support Coverage 12/6/2015- 12/5/2016 See Exhibit A —Quote#2003215003224-01 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 by December 5, 2016, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $41,841.66, 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: Products to be paid within 30 days of shipment; Services to be paid within 30 days of invoice date, pursuant to Statement of work/proposal. GOODS &SERVICES AGREEMENT - 1 (Over$20,000, including WSST) DocuSign Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 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. 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 GOODS &SERVICES AGREEMENT- 2 (Over$20,000, including WSST) DocuSign Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 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 S below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following Information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B, Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work, In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) DocuSign Envelope ID,C478D97C-BB09-48FE-AF05-FC7E49808076 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 I 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 ORIGIANL 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, 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. GOODS &SERVICES AGREEMENT - 4 (Over$20,000, including INSST) DocuSign Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 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 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect, C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees Incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. . D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment, Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Limitation. TO THE EXTENT ALLOWED BY LAW, VENDOR'S ENTIRE LIABILITY AND CITY'S EXCLUSIVE REMEMDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED GOODS &SERVICES AGREEMENT - 5 (Over$20,000, including WSST) DocuSign Envelope ID:C478D970-BB09-48FE-AF05-FC7E49808016 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. Public Records Act, The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified In Chapter 42.56 of the Revised Code of Washington and documents, notes, emalis, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City In satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any j number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: DocuSigned by, By: "sfDp ^ii By: XRDEEta1s14 (i ��(la� 9 e t (signature) Print Name: r ca nazi; Print NaroA: . 'uzette Cooke Its CFO Its C� Mayor 121112015(tltle) /,' ' DATE: DATE: Z, NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Andrew Rosenbaum James Endicott Presidio Networked Solution, Inc City Of Kent 1955 Lakeway Drive, Suite220 220 Fourth Avenue South Lewisville, TX 75057 Kent, WA 98032 (469) 549-9841] (telephone) (253) 856-4620 (telephone) (469) 549-9841 (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO �ORM l f 1 1, Kent Law Department [In this Geld,you may enter the eadronlc filepeth where the contrad has been saved] I GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) DocuSign Envelope ID:C476D97C-BB09-48FE-AF05-FC7E4980BCi6 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. . 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Doasfgned by: By: (G viSfePlu i u 'd �� 7CBDMA1914P2... For: Presidio Networked solutions croup a c- Title: CFO Date: 12/1/2015 EEO COMPLIANCE DOCUMENTS - 1 of 3 DocuSign Envelope V;C478D97C-BB09-48FE-AF05-FC7E49808C16 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an 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. EEO COMPLIANCE DOCUMENTS - 2 of 3 I, DocuSign Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 II, CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 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 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 DocuSign Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS I Insurance The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. . Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising Injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 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 $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 Insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after I i I I DocuSlgn Envelope ID:C478D97C-BB09-48FE-AF05-FC7E49808C16 i EXHIBIT B (Continued) thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i I I i ACORD. pjqq Client#: 1780514 150PRESINFT AC R&Onl CERTIFICATE F LIABILITY INSURANCE D12101n1201y5yY) 12101/2015 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($),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,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: BB&T-The Addis Group PHONE 610 279-8550 'AX 2500 Renaissance Blvd Suite100 E MAL mot: Arc Np: 6102798543 King Of Prussia,PA 19406.2639 ADDRESS: 610279-8550 INSURER(S)AFFORDING COVERAGE NAICN INSURERA:Great Northern Insurance Compan 20303 INSURED INSURER e:Federal Insurance Company �20281 Presidio Networked Solutions Group,LLC INSURER C:Zurich American Insurance Compa 16535 1955 Lakeway Dc,Sfe.220 INSURER D,Travelers Property Casualty 25674 Lewisville,TX 75057 ail INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: '. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU ED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT- TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ! INSR ADDL UBR PODCYEFF POLICY P LTq TYPE OFINSURANCE INSR WVO POLICYN MBER rlmmoITWY MMIDG LIMITS l A X COMMERCIAL GENERAL LIABILITY X 35852422 /` 1010112015 101011201C pEAACHHOCTCORRENCE $1000000 CWMS-MADE NX OCCUR PREMISES Ea ONwlenDo s1 000000 X Contractual Liab MED UP(AV sm,Pa..) $10000 PERSONAL&ADV INJURY $1 OOO 000 SENT AGGREGATE, LIk4IT APPLIES PER: GENERALAGGREGATE s2000000 POLICY •„JECT LOU PROWCTS-COMP/OP AGG $2 OOO,OOO OTHER: $ A AUTOMOBILE LIABILITY X 73543321 10/01/2015 10/01/201 EOakflBdUeD[SINGLE LIg11T s1,DDDr966 X ANY AUTO BODILY INJURY(Ps'peBan) IS ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accldenl)is RHIREDAUTOS NON-OWNED PROPERttDAMAGE Is AUTOS Pere ,lent X ompoed$7000 X CoI1Ded$1000 S B X UMBRELLA 4AB lv I OCCUR X 79857023 1010112015 10/01/201 E EACH COCURRENCE S25 000 000 EXCESS LIAB CLAIMS-MAOE AGGREGATE I_525,000 000 DEO I I RETENTIONS Is C MRKERS COMPENSATION WC930925901 3310112015 03/01/201 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIYEY/N EL EACH ACCIDENT 1$1000000 OF ICERIMEMBER EXCLUDED NIA iMa„dalary io NH) E.L.DISEASE-EA EMPLOYEE$1 00O 000 If yes,descvibo under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$1,000,990 B. Prof E&O/Cyber 35983225 10/01/2015 10101[201 Occur/Agg 20,000,000 D Transit-Spec Form QT6600453B298 10/0112015 10/011201 1,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Addlnonal Remarks schadule,may to ottashed If more space Is mqulmd) Certificate holder islisted as additional insured when requited by written contract or agreement- CERTIFICATE HOLDER CANCELLATION III City of Kent,WA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE 'y ©1988-2014 ACORD CORPORATION,All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S15169970/M14960546 SHBL i Liability Insurance Endorsement I Porivpedod OCTOM 1, 2015 TO OCTOBER 1, 2016 Effective Date OCTOBER 1, 2015 Policy Number 35852422 Insured PRESIDIO HOLDINGS INC. Nama of Company GREAT'NORTIMW WSURANCF COMPANY Data issued OMHER 1, 2015 This Endorsement Applies to the following forms: GENERAL LlAB M fWX:.\aNAkz .::,c:.£i2:t.�' :.✓....f.-En?;?l�:Y._:.J:atE. (k.', ik1a;:]/kY.Sfa>N.SMuni=,"w :�s:.n::%slam:,NQ '9.tY2;z7:�:RY:A4Nv."�t.�e-*_@:.vrt."eax.YP.tTM:.u.;t3'F,.c:':?? Under Wbo 1s An insured,tbefoUovringpmvision is added Who is An Insured Addfflonal Insured- persons or organiza ons shorn in the Schedule are lusureds,but they aro insureds only if you m, Scheduled Person obligatedpasauut to a contract or agreement In prordde them with such insurance as is afforded by 0rOrganiza8on thacpoiicy. J3owevex,the person or orguruzationis an insured only: • ilmdtheamayto tJra exleottho person ox otganizationis descrlbedin tho Schedule; la the extcntsucb connaet er agrecmoat requires tha pazson or organization to be aftded status as an insured; < Foractivliiesthatdid not oeen,iawboloorinpartbefoto the executionofthe contract or agreement;and - • withrespectlo damages,loss,cost or exponsefor injury or damage to wbich tli5 insurance j applies. No pe?soa or mgan37:adonis ao biwred under this provision: • [linos more specifically ideaffled under any other provision of the Who is An li saxed section(regardless of any llmitadoa applicable thereto). • -with respect to any assumption ofliability(of another person or ozgaalzadon)by them ina contract or agreement,This 13mitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person ar organization would have in the absmcc of such contact or agrromeat TMikd:.+tit`S:a�.`,P_"::\j")3�.'.kY.PX':%a:Ak.'+.:A'STX:Sa'..".9iY"'rtK(A.?�SkANAS`aY'.NR'�.�:`6:k,h.:•MY.a�.W.F&AR'S:A:::.r;:'k'„yi'.:r.?.;.M:`:'�SfF.$utK'4�tw?.�•ii::'G:Y[..:.Y..:..".YtKi:'im`n461'%/&�U.A��Y:.YSRX4'R Uabift Insurance Addtfonsftnsured-Schadufed Person Ororganfzafion condoned Form Do-oZ�367 jRev.5-07f E17dorsemenf Raga I U4bl Mn rsrsematit phrtnw) UtydeTCnad[ttons,thekowin8prav#eioalanddraltolfiocoa ltrual*d o?fialnwrpne, �artdtflatts I ON7erinsUr311tr9— IPyauarco6ifg¢Eed,pnrxdwttonoouttaokort>Grctemenyta pmvidethapersonororgants¢ttan ', PthYrary,Noncoliblbuto!}< eovmlnheSLodcowichpdum}tnumnacamhsisam�edbythiapnitay,Fa,in..twhoase 7nsmaCB-5chedUfed nsu eonp)maryandwewllnotseakeonirlhudau$amhvmiaonvnlnhle[oauohwNet Porsan 6rorys.rkation �°° -Mdwo i EbYeor�bearga,JaulpvstSaEyoveYe abVgaled,puxavanFtanconlmaForegNomumi(o ptovideWlEh suahine'fiancoPos ian£Co�dedbythtspgLoy, Nia[aaTromsgand9andit[onaxcot¢In vnaM1nuBod • AafLo�badRepiesentaLw �G�y��_� Fl¢b!drymsurenca AddlAendLlsvr¢d-sdma��p g�, rp���;ovor roelaaeg. famt BO :P,387(peu,��'-07j C-cdwsvnmN fbpa?. (obnfinuedJ 7ranaer Or wdver Of WowHtWslvataailghtofruwirory tYa Wmrttl.9>fiom/1ss Nnya tiaflngnhistnttal6arpersonvr RfghtaOfRoomlY mgmtzatiou,Raezvsslowlilvhihtelnaumucoalmtles,pmvldeQ[hoNsw'ed4aasea[Yedihelvxlp�tte Agatfr5t0lhOYs acreooverysguaetsach c anota�mlzNuninaeonRzotara8comontuatls4 uiodbotob, saay.7naa, To tho alcIDt inl[To insut'EJ'sxlghls two hmgraaoohago nnt'baonis%JVC4,ftATI&O are(Mb*WALQ aa,TBa&env A mustdauo-hing attortnae to impale mom,Atonexoquost,[ha£�tsnzddWJ46dngsul8arbnnaCor tLosaxigf4sfpn8 vid Aelp aSenkbeao¢tom. ' Tlds condf2ondocsnotnpatq tOraodtpl Wrnenms te":X . Mw]zTINi" �+.kU..'�"" WSY',#;SIW➢kS3dki�.-",.�,. I�4' xP i peWQfyftteu/p106 PQfN 8Q02�0J0(nVv.¢0// Ezonifaof �� Pwouofoz _ III 0 1.- O w t0 T O O T O T C1 ro m M <t cv co N O N M o0 M T I-- M d U) J ro CO OL C U N r�i l6 ~ O O U ® Ojz� LL L N W Cl) m LN M O (n U) h T C r COO r @ N N Q' N Z N o'� N C n � 0 m O v T O O m F E w A LL mCON 0) 3 H C (7 a aaANE Z� LO ® ® ® > D— CY w N N C V p 0 u O (13 0 Oe a N '- V/ 0 N o N O N N C N O 0LOO ® E w o (Dcm00 V N o C Zo d > N aO N G p C O (® N UN NL c M N QNYd o N f6 U > u E co •,,, �� O m E ,"- a� E N O U ® N C O � o `0 0 d 0 o E O _ = c � Y O J J (6 7 N -a ® t Cl) Z Z f0 A O E r�3E (D � U c0 w w a v> O (9 inN ¢ a a (n o E p 1 rL d N :E00 '- a Q. w F-- o 0 cn _= v (� Y r T N M B E REQUEST FOR MAYOR'S I ATURE Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by DirQCt i, i Originator: James Endicott Phone Originator): 253-856-4620 Date Sent: 11/20/15 Date Required_: 11/23/15 Return Signed Document to: Heather Haley Contract Termination Date: 12/5/16 _ VENDOR NAlMEe Date Finance Notified: (only required on contracts 11/19/15 $10 000 and over or on any Grant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 11/19/is 12/16/14 _ (Required on Non-City standard Contracts/A reements) Has this Document been Specifically Account Number: 52001740.64830.1800 Authorized in the Budget? Q YES C NO Brief Explanation of Document: 2015-2016 Presidio-CommVault Software Premier Support Coverage 12/6/2015 - 12/5/2016 It gives the City of Kent access to software improvements and patches as they are released. It also provides 24 X7 technical support for CommVault, the City of Kent's backup software solution. PO#126928 I All Contracts Must Be Routed Through The Law Department (7h!s area to be completed by t17e taw Department) - Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor ( .1 I .Shaded Areas To Be Completed By Administration Staff I Received. Recommendations and Comments: Disposition. cf i� Date Returned: — v^,cr nF .ocancTe gP qucn� y� 1 re,nwx