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IT17-243 - Original - CTG Security Electronics - Contract - 05/22/17
rr/iirr 0 Records t ENT ' ► hlfl WAS kxIwGT©K 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. It you have questions, please contact City Clerk's Office. "Vendor Dame: CTG Security Electronics 'vendor Dumber: 1418689 3D Edwards Number Contract Dumber: This is assigned by City Clerk's Office Project Dame: .Tail Controller U rade Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective gate: 06/ /17 Termination Date: Cog/ 2/17 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: $33,770 Approvai Authority: ❑ Department Director Z Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 ca a 0 0 o o � c� C? C.) C) r- 04 6 cli C-i 0 c1r) x c I D C) 0�CN U-) C'4 x E E C\j CO -0 to 0 c o < 0 0 n L) m 0 0 x CO uj (j) co I-- Cf) (D 0 CO < z LO (0 (1) m CO 0 j w 0 CD CD n., E cc D4 LOO co N > L- a) V (D E N 0 0 > U) n -Fz 0 0 CL (D (J) a) ccs AWN _r_ m 0 a) Lo 0 -0t- E CL Z N Lo c �3 0 m a) co co u C) � =3 0 — U) CD �b' Z CO CO a) CD C5 > cli < < Q > 0 0 0 N (n C\j co 0--a 75 2 r\ vs > U) in (D E M (n 6m o 0 4) 0 Z (n m 0 ' -C CY) 43 0 W 0 a Zc: E a) 3: co o m 0 E cD r- (D :3 0 C\j < - > 00 E 70 (D cl E 3: 0 :E CL " :� ff CL D >N in 0 c C KENT GOODS & SERVICES AGREEMENT between the City of Kent and CTG Security Electronics, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CTG Security Electronics, LLC organized under the laws of the State of Washington, located and doing business at 7807 E Sprague, STE C, Spokane Valley, WA 99212, (509) 436- 9060, 3i1r !31ai (4 areir,acter t�,e "`Jer dor"). AGREEMENT I. DESCRIPTION OF WORK. The parties entered into a prior contract, dated January 12, 2017, for the same goods and services to be provided under this Agreement. Due to scheduling issues, no work was completed by Vendor L.nder`..hat on:o-Agr-ee:--7eiTi be'ore i �k'7i;2u, B^u no fees or other a—oL:-ts e-tom J4Y't'u `Jy �,`,,7e C;`v U�?de- t7di prior Agreement. The parties intend that this new Agreement replace in total the terms and conditions under the prior Agreement. Under the terms of this new Agreement, Vendor shall provide the following goods and materials and/or perform the following services for the City: I. Installation services 05s'-e a-id areaa-ar c^ i Review required touch screen modifications with Jaii Staff Install and configure workstations as per City IT specifications Install and configure Siemens HMI software Upgrade Siemens HMI to current version Configure workstations with Elo Touch Screens Updated/create Graphical maps for intercom, paging and door control Configure cameras to reference display II. Deliver two Workstations installed and configured Delivery of two Dell (model] workstation Delivery of two 22" Elo Touch Screen Installed with Win 7 and SPx as required by City IT Virus protection installed as required by the City IT Installation and configuration of two Siemens Jail Control modules �110rk:5 3t;on5 �$'a;'�d ':v;rn -ece- , .pdo-ed H`Aj 50F..,t.a�, Configured to work with current door/access controls Configured to interface with Elo Touch Screen Integrated with current camera system ITV. Testing and training Fully test system Provide end-user training i GOODS & SERVICES AGREEMENT - 1 (Over S20,000, including WSST) Vendor acknowledges and uncler-stands that t 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 provide all goods, materials, and services within 120 days after this agreement is fully executed by both the vendor and City of Kent. III. COMPENSATION. Tne C ty sr:a , pay _ne Vendor an amount no: to exceec S_3,770 (Including 3,070 sales tax est at 10%) including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor according to the following schedule: Engineering, drafting and other mobilization costs incurred prior to installation shall be included in CTG's initial invoice and be equal to fifteen percent (15%) of the contract price and billed at the end of month in which goods and services were purchased or expended. Remaining dollar amount will be paid upon completion of acceptance testing and training of the system. j City of Kent will pay both initial and final invoice at Net 30 of receipt. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to oriv pay that portion of the invoke not c sj)ute. I'� that event, the par-ties will ir7 mecliately (�-iake ev:"y 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 at:or'ey tees, rcur-'-ec Uv trle Clay Jeycinc' -o maximuri Agreement pike Spec,* 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 %1ADE. 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. f3. Tilt VCf1(,or rT) JII).d rI5 , UdVS -J(. ir.S U'.vr' place r�i bUSi'i255 cr, \/rr;.� 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. GOODS & SERVICES AGREEMENT - 2 (Over 520,000, including WSST) D T-e Vercor .5 -esL)onsil)le 'Ur i iing as they Decorne due a! t'�ecessary tax Jr�Cur ler.t5 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. T'It- Ver'cc), '71c),7,tc;in-, c' tic': U' bL)uKS Lie UILci*eU Lo tnt ekaenses iwc e�:'' '�Citi Cl' =} 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 providec! du'ir,-; !.:-e �)?riormarl,_e of this Agreenierit. I" tnr Vendor determir,_5, sor ary reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon -ecelvir-1U either writ[rr c' i F-D-i t'le C:ty o- cw orai order 'TUr; City berort dctUa ly tLL' v'... 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 dccep,.anct, Or 3; �Vi �rOtt�t ;U H L, '•� 5 '�L,- 'J' JrOv r��.5. f♦r nd' 'Ci`r 'l a_ 5 aC(=�,- U �'ti' 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 CiW City U' di c,din;s v,';ti'it 'Uu'tee' :? ' �cre',ud Udyti U` tr,r .-LL-r'e.')Ct- c' .' c c°ve' Cti c;'vi^c r �,t 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 'uuy' S beluw. 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 Ir?i�lr�1dtCi''. GOODS & SERVICES AGREEMENT - 3 (Over 520,000, including WSST) 1. The Cate or 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, 6. Records. The Vendor Si_.a Keep co«)pieLe records of extra costs and time ncurred as a -esuit 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. Vendo-s Duty to CornQiete Protested I-, spite or any clain-, the Ven�.Jor shai u oGeec promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Faiiure tG Follpy., Procedures VJa,ver. By Ia ,ng to follow :!ie 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. L--1JTS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally 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 promptly correct C1I1 defects n w01-Krrransh1p and matenals: (1; usher Vendor knows or should have knoti% of :ne ce�ec:, o- (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. 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 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. GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Ven!7or Shall execu'e the attav ec C`y of C,_r- Ec-a' E—j;oy'reoi: 01)oor`.:nity Po cy Decla-a*:-3n, 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. T'--e City S "'SDecCior Cir bCCEOC2riCE 0� c!ny 0' Ve,ir r'S 1^, rK w, t rU _U 0 0 ,e, CC E C' S d _e C-C:.rGs 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 even', Vender reuses ten(je- of ceferse a,1y su ' or a"y d " d' LerGer .vas d r pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. )CII. INSURANCE. T tic- Vtlidur 5!id _'oc dnU 1ci!nCd!' ((-)' t u.'c+[,or, or the Ayreemrri insurance of the types and in the amounts described in Exhibit A 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 ALIree-Tent i one 0- -15tdr)CeS S'ldi' n0t t)F CU"S?"�e� ;G Jt� C. t4d Ve' 0' -e"nGU!Shrrer': 0' thGSC covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of D!soutes 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 I SG-re -So �_ or, ]L.SS. d' y _ C' J, d:•,su .- a"ISI"y' 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. -:CJDS & SEP.VI:-E--7, (Over$20,000, including WSST) D the adMuslses listed an the agnatUre page or the AgmemeM, urdms nQUMed to the ;xMirarly. Any Wtten not li,.-,e hereunder ON! become effective trriee (3) busness days afteAhe We of noWng by rqpstered cH _ertfied n"lail, and shall be deemed su%enNy gven if sent to the addmssee at the address stated in tlhs Agmlainlwit or si.ich othe,r address as may be hereafter, l fi(,(J in wr tlrlg, E. a My assignmenlL of this Agre(Hnent by e1her part o y Ailthut the vir n-irte consent of Ann rwna51gmng party shalf be vat . If die non -assigning pany gives lLs cc,)nsent to arriy assagnrnent, w l,hout addlitlonai vliritten consent, F MjdQ;gUqa, No wane, ate allmL or xaMcMun & any I the pmurAmns W Ms Agreenrren� shIl be Widng unless in wnUng and signed by a My authorized repasentative of the City and Vendor G R'le Wrlittleri pmvwons and terms of this Agreement, togethe vrith amy, Extilbilts attached hemim, shaH supersede all pnor velta; Raternents of any officer or other repnesentative '"W, altole"w! A SKY W; 0"o '�n U, 2: WYAW .=L as or altering in l manner &A AgnemeM."I of the above documernts hereby rnade, a part of thr; Agmemen? Howeveq should any language in any of the ExhOks to thr� Aqrjreement conflict w0i any language cantamed wi Ws Agreement, tire, temis of Ms Agmernert shl! p,evaH, H a� "_"!Pil'I'Lrrraft-Ill.�ygrrf.'.h�2 ULYaa', The Vendor agwes to comoy myth ail hederal, state, ancl rTri-inicipaf laws, ruts, and regiAMons their are now WeMve or in the M"s bec.onre apphcable to Verldor's buismess, eqwpmeM, and persomid engaged W operauans coviered by Win Agml or accruirig out. csf the L QQLB,ords AQ."he VeMor ackrunMedges that the Oty is as t)Llbhc agency subject to thr,-_, PUbitc', Records Act codifltT�i C�rrapter 4156 of dy ReOsed Code of Waslungton and docull notes, una0s, and other mcmids pmpamd or glathered by Me Vendw in as pedormance of thm Agreement may be subylct to pubhc reovoi and disclosur, even if those recards am W produced to or xlssessed by the City W Kwy�, As swT, the Vendor agrees to cooperate hilly wah die City in sandyng the Wyl Wes and obligations under the Public RecoWs Act. �,, CoMractor agrees to pmade pR)&of a opTan coy of Kent busmess Wense pw suwa to Chaper 50 1 of 0-oc KenWy Code, ILiffrr"t[ �EL 5_11 y_±.jjx Q!E. "This Agmenni? nay to swcued m an'y munber of courlerparts, each of YOW shall conktAe an ongmM, and aH of Mch wN hogshn :mnQALJte thn one Agmernem, F%qheq upon exelcwAlng ths Agreement, Wher party rnay ate he twk the Gigrah.i e to the other by fax or enoH and thaL S�gfietUre shall have the swne faTe and effect as if the Agmen-relin IN WITNESS, time par-tiles below execute Ms Agreement, which sha lli beconle effecOve on the last date entereld bellovy. Ad! acts consistent uvith the autharRy of this Agreement amid prior to its effectivie date are ratiDed and aRknied, and! the tenns of the Agreement shad! be deemed to have applied. OF KE N T� By a,�I �.2�4 By P,r i Name� JiM F� awl P I-I I i1'arne le nco airb Its .............. (tla Q'i D Arf f14ary 2 2, 2 0 17 DATE_ ........... Q C)D S E F��/I C ES A G R E E il E N�F - 6 (Wet 5211WO, aBudwy WSST) NOTICES TO WE SENT TM l�140TICES TO BE SENI-1,70., ! VENDOR: CITY OF KENT- Jmi B4air ,„ Op(--,i atuc.ns f taruag(m ,?r Mmes Ena°9PuAt: CM Secunty Eectrorm��:s U-C My of Kent @.pcsk`ane Vahey, YNA 99212 220 F:OLuw'1JI, vt.rruc S+; lw,,'r" Ko..A, WA 9803 (25 856 ��dlw� of"=ra. iir�Blw'� AP E�D AS TO FORW �n u.E 1 i'f.JrFw, n Ma:�7B`7 (Ct.7�,t„ arr�—d�f�Psr"�r,a t1J:�`71"J D E C I-A RA"11 0 II4 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent ls, comnNUed to coMonn to Federal and State laws a gaimling equal opportunly, As such aH contractors, SUb(.�ontractors and suppliers who perform work vv th re tioin to tNs /1,,,,,Tm.7orT7c-nt VaN wmpW w1h the wpuhhan5 or the 7>�; equal unphynyTo copolummy pgdes 1"he folkmOm, quesbons specAwHy idently the requirements the City deems rlE�cessary for any contractor, subcointracto or supplier, on this spedfit Agreemamt to adhere to, An affirmative response is requWd an &I of the Wowing questions for Its Agreermr-mt to be valid and l)Andlrig If any conUactor, subconUactear or supplier Wilfully 0srepresents themselves Vvith rEugard to the WeVves outhnes, it will be ccmsidered a Of CW'Itract and it' wlH bin at the City's sole detem4natJor um gamOg susoenskn, or ter-mirrayoo for ap cr OaM Cf the Aqwonem. , The quesUorrs are as fcHows: I---I have read the attached City of Kint adn-0nistratNe pol�jcy rILHriber 1 2, 2, During the thre of this Agreement I W1 not dAmOnMate r"i urnployment on Lhe tias s of sex', race, COk)r, natioinah orlgin, age, or, the g.)resence of aH semsory, muenta� or, pl ysical idusabidity, 1 D'Uring the tm� of this Agreement the prime conVaUor wiH as ointben staternent to all rnew employees and subcontractlors k,)dicatin�j cornmitment as an equal opportunity emptyer, 4.-DuHng the We of the Agreement 1, the p5me conVactor, wki actm,,dy cf,)nsader a,inringj am.'l p„u,ornoticn, of wcrn-ueni and n ulrrorities. f)rirne Contractor, that the Prkne Conkamr corrThed vdW the mqukements as set f0ifth above. By ,slgn ng heQovvl, I agiree! to fuMH the Eve reqUkrements referenced above, ........................ For: .......... TAW Date: trt ay 2017 EEO COMP ANCE DOCUMENTS - I of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promot,on and advancement available minorities and v.,omen. 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 .he fct' aL g dune, F,r them respeC�rve departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be 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 ,eciare that I compl+ea fully 4vith ali of the requirements and obligations as outlined in tht1 Cary 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: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A INSURANCE REQUIREMENTS FOR GOODS & SERVICES AGREEMENT Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant'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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT A (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. CTGSECU-01 JSCHILB CERTIFICATE OF LIABILITY INSURANCE TE(MWDDTYYYYO 1 1/412017 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 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 CONTACT NAME; Jill Schillb Moloney O'NeIIIIAlliant Insurance Services Inc. —PRONE 818 W. iverside Ave,Ste 800 AP_JCNO,.9A�J509)343-9217 9 110_Net. (50 325-1803 E-MAIL Spokane,WA 99201 ADDRESS:jschil4Qm9�4ins.com INSURER(S)AFFORDING COVERAGE NAIL INSURER A;Steadfast Insurance Companv 25 INSURED INSURER B INSURER C CTG Security Electronics LLC ._ 6456 W Harbor Drive INSURER D Coeur D Alene,ID 83814 INSURER E: INSURER F ................. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO,THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH 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. TYPE OF INSURANCE NBR'- " - - " ' PbLJCYErF Y LTR 1, Wvo __POIUCY NUMBER LIMITS ....... GENERAL LIABILITY EACH OCCURRENCE 2,000,000 OCCUR EOLOO18486901 12/091201631 12/09/20117 S PRFMIS,ES,(Ep 100,000, CLAWS,MADE 11E1 EXP(Any one person) 5,000 PERSONAL&ADVtN R GENERAL AGGREGATE 3,000,000 GENL AGGREGATE LIMIT APPLIES PER: RC- POLICY A]J`Ecr LOC �PRODUCTS COMP/OP AD S 3,QOQ,QQ0 OTHER. Prof Liability Included 7— ..........I AUTOMOBILE LIABILITY COMIE1NED SINGLE LIMIT 1,000,000 I L(Ea aca A ANY AUTO !EOL008486901 1210912016 12/09/2017 BODILY INJURY(Per person) S BODILY IN. ALL OWNED SCHEDULED JUR�'TeraQw AUTOS AUTOS PffR_ff X , NON-OVVNED DAMAGE H�RED AUTCS 1 i AUTOS i .......... UMBRELLA LukeOC EACH OCCURRENCE S r EXCESS LIABCLAIMS-MA DE AGGREGATE ' DED I-------RETENTION 5 PER WORKERS COMPENSATION ER AND EMPLOYERS'LIABILITY Y I N I A I ANY PROPRIETOR/PARTNEWEXECUTIVE EOL008486901 12JO9/2016 12/09/2017 E L EACH ACC I DENT 1,000 000 OFFICER/MEMBER EXCLUDED? NIA� , (Mandatory In NH) r E L.DISEASE,EA EMPLOYEE S 1,000,000 If yes,desonbe under I I E L DISEASE-POUCY L 000,000 �PTION OF 0"""'ON' i ........... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES )ACORD 101,Additional Remarks Schedule.„may be attached If more space Is required) City of Kent is listed as additional insured with respect to ongoing operations of the named insured.313 written notice of cancellation for non-payment of premium, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ...................... 1988-2014 ACORD,CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH Policy No. Eff.Date of Poi. I Exp.Date of Pol. I Eff.Date of End. I Producer No. I AddT Prem Return Preen. 62294000 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): CTG Security Enterprises, Inc. 7807 E. Sprague Ave. Suite C Spokane Valley WA 99212- This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11 —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and: advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or"your work" as, included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. VVill not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring: of others by that insured, if the "occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1 175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III —Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of insurance Services Office.Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pal. Exp. Date of Eff.Date of End. Producer Add'I.Prem Retum Prem. Pol. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-926-8 CW(12/01) Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): CONTRACTS ON FILE WITH CARRIER Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents under Construction Project General Aggregate Limit Section I — Coverage C, which can be attributed for that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor 1. A separate Designated Construction Project shall they reduce any other Designated General Aggregate Limit applies to each Construction Project General Aggregate Limit designated construction project, and that limit is for any other designated construction project equal to the amount of the General Aggregate shown in the Schedule above. Limit shown in the Declarations. 4. The limits shown in the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A, except However, instead of being subject to the damages because of"bodily injury" or"property General Aggregate Limit shown in the damage" included in the "products-completed Declarations, such limits will be subject to the operations hazard", and for medical expenses applicable Designated Construction Project under Coverage C regardless of the number of: General Aggregate Limit. a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents under "bodily injury" or"property damage" included in the Section I —Coverage C,which cannot be attributed "products-completed operations hazard"will reduce only to ongoing operations at a single designated the Products-completed Operations Aggregate construction project shown in the Schedule above: Limit, and not reduce the General Aggregate Limit 1. Any payments made under Coverage A for nor the Designated Construction Project General damages or under Coverage C for medical Aggregate Limit. expenses shall reduce the amount available D. If the applicable designated construction project under the General Aggregate Limit or the has been abandoned, delayed, or abandoned and Products-completed Operations Aggregate then restarted, or if the authorized contracting Limit, whichever is applicable; and parties deviate from plans, blueprints, designs, 2. Such payments shall not reduce any Designated specifications or timetables, the project will still be Construction Project General Aggregate Limit. deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 / / / / e / / / / r / / / / r / / / Name i i r / l / / / / rr / / / / / / / / / / i / l / / / / / / / / / / / r / / / / / / l l / t r / / / / / r / / / / / / / / / i / / / / / INVOICE CTG Security Electronics invoice : 15 420 N Lake Read Suite B Ref : Goods and Service Agree: Spokane Valley, WA99212 Date: 07/0512017 a Tcrtns: Net 30 t Due Late: 81412017 lm Phone�509)436-9060 ICU : Contract :"Bill SiteA:ddresst ? Kent City Corrections Facility Kent City Corrections Facility 1230 Central Ave S 1230 Central Ave S Attn:Accounts Payable Kent,V4'A 48032 JUL Q J 20P Kent,WA 98032 q n� Sales Person bead Tech: Jinn Blair Service Performed: Invoice for Goods and Srrvice Agreeent for adding a new touchscreen workstation and replacing the PC for an existing Touch screen workstation. Initial contract was to include a new Intercom master at the new work station.`["Iris was not provided due to existing _equipment not having the capihility to acid new intercom master station. QTIY__...m. NAM —"DESCRIPTION _.........._ _ RATS .. .. ...... .. TOTAI. I Goods and Service Contra( Goods and Service Contract $30,700.00 $30,700.00 1 Deduct for Master Intercat Deduct for Master Intercom Station ($1,995.00) ($1,195.00) SUB TOTAL $28,705.00 SALES TAX $2,870,50 PAYMENTS S(l.C1t1 BALANCE: $31.575.50 � Remit Payment To: C" G Security Electronics 6455 W.Harbor Drive Coeur d'A.lene,11) 83814 r Page I of 1