HomeMy WebLinkAboutIT14-094 - Extension - Solarwinds - End User License Renewal - 05/28/2018 �OT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
❑ Pink Sheet Attached
Vendor Name: Solarwinds
Vendor Number (]DE): 359394
Contract Number (City Clerk): _.._. _._� � Gw"__ _...........". ^................................._...._.........
__
Category: License Agreement
Sub-Category (if applicable): Choose an item.,,,
Project Name: Network Monitoring mm License Renewal
Contract Execution Date: 05/28/18 Termination Date: 05/27/19
Contract Manager: James Endicott Department: IT
Contract Amount: 28771.60 _
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details: Ties with IT16-220
REQUEST FOR MAYOR'S SIGNATURE
' KENT Purchase Order Only - Print on Yellow Paper
Please Fill in All Applicable Boxes
ALL REQUESTS ARE ROUTED DIRECTLY TO THE MAYOR AND RETURNED TO THE ORIGINATING DEEP ENT
DO.NOT.ROUTE TO CLERK'S OFFICE
Approved by pim
Originator:James Endicott Phone (Originator): 253-856-4620
Date Sent: 04/12/2018 Date Required: 04/18/2018
Return Signed Document to: Lynnette Smith Contract Termination Date.,05/26/2018
VENDOR NAME: Date Finance Notified:
Solarwinds, Inc.
(Only required on contracts tJ4/11/2018
$10,000 and over or on any Grant)
DATE OF COUNCIL APPROVAL: 12/15/2016 Date Risk Manaqer Notified: 04/11/2018
Specifically Authorized in Budqet? (*)YES O NO Account Number: 52001740.64830.1800
Brief Explanation of Document:
Annual renewal maintenance for Solarwinds, Inc. - Network Monitoring System
Terms: 05/28/2018 - 05/27/2019
PO 144767
Cost = $28,771.60
Approved in the 2017-2018 IT Maintenance Contract budget
Shaded Areas to Be Completed By Administration Staff
Received:
Recommendations and Comments:
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Gonzalez, Marta Ci
From: SolarWinds Renewals <renewals@solarwinds.com>
Sent: Friday, March 2, 2018 1:06 AM
To: Endicott,James; IT Maintenance Contracts; Palmer, Quenten; Hirschi, Galen; Campbell,
Rick, KTown IT
Subject: SolarWinds Maintenance - Action Required (SW405079)
MQuote
PO BOX', 730720 Date 5/1/2018
Dallas TX 75373 Quote # QN1014058
United States Expires 5/15/2018
866.530.8100 Currency USA
htt62ILSaIarWipdrcom Customer ID SW405079
Bill To Quote To Address End Customer SW405079 City of Kent
Accounts Payable Information Technology
City of Kent
City of Kent 400 West Gowe Street
2204th Avenue South suite 122
Kent WA 98032 Kent WA 98032
United States United States
CIO IIIIIII uu „ , III Ihll I' II 7, ,,,.
ur . :,:, �^ d m .0 ;:, . ., :,:,II I m18296 SolarWinllldl is llWeb Help Desk Per Technician License 34 018 5/27/2019 108.00 3,672.00(31 to 40 named users) - Annual Maintenance
Renewal
18182 SolarWinds Engineer's Toolset Per Seat License- 1 018 5/27/2019 438.00 438.00Annual Maintenance Renewal18373 SOIerWInds Virtualization Manager VM32 (up to 32 1 /1/ 5/1/2019 2,440.0 2,440 00
sockets) - Annual Maintenance Renewal
18292 SolarWinds Web Help Desk Per Technician License 3 5/27/2018 5/27/2019 132.00 396.00
(1 to 5 named users) - Annual Maintenance
Renewal 0
._................ .. __. __.... .. .. ..
18223 SolarWinds Server &Application Monitor ALX 1 5/27/2018 5/27/2019 7,405.00 7,405.00
(unlimited monitors-Standard Polling Throughput) -
Annual Maintenance Renewal
18199 SolarWinds Network Configuration Manager DL200 1 5/27/2018 5/27/2019 1,245.00 1,245.00
(up to 200 nodes) - Annual Maintenance Renewal
18214 SolarWinds NetFlow Traffic Analyzer Module for 1 5/27/2018 5/27/2019 3,625.00 3,625.00
SolarWinds Network Performance Monitor SLX -
Annual Maintenance Renewal
18209 SolarWinds Network Performance Monitor SLX 1 5/27/2018 5/27/2019 6,230.00 6,230.00
(unlimited elements-Standard Polling Throughput)
- Annual Maintenance Renewal
18264 SolarWinds User Device Tracker UT5000 (up to 1 5/27/2018 �5/27/2019 705.00 705.00
5000 ports) - Annual Maintenance Renewal
Subtotal 26,156.00
Tax Total 2,615.60
Total $28,771.60:
Keep your maintenance up-to-date to access Tech Support, FREE product updates/version upgrades (including all major
and minor version releases), customer only product training, and exclusive access to product pre-releases.
1. If you previously ordered through an Authorized SolarWinds Partner and would like to order through that partner
1
again, please forward this quote to them for processing.
2. Email your company Purchase Order to renewals@solarwinds.com -or-fax your order to one of the following: US
512.857.0125, Outside the US+353 21 238 0232.
3. Please use the link below to pay now via credit card. *No login required.*
https://ecom m.sola rwi nds.com/quote?quotei nternal Id=33668892&@rts=151350&eb=t&form=d
**Contact SolarWinds at renewals@solarwinds.com with any questions or concerns and we will be happy to assist with
your maintenance renewal.
2
IMPORTANT— READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING
THE SOFTWARE (DEFINED BELOW), YOU (DEFINED BELOW) AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT(DEFINED BELOW). IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE
SOFTWARE, AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE.
SOLARWINDS
END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is hereby entered into and agreed upon by
you, either an individual or an entity, and its Affiliates ("You" or "Company") and SolarWinds
Worldwide, LLC ("SolarWinds Worldwide")for the Software.
1. DEFINITIONS.
1.1 "Affiliates" means an entity controlled by, under common control with, or controlling such
party, where control is denoted by having fifty percent (50%) or more of the voting power (or
equivalent) of the applicable entity. Subject to the terms and conditions of this Agreement,
Affiliates may use the license granted hereunder. All references to SolarWinds shall be deemed
to be references to SolarWinds Worldwide and its Affiliates, and all references to Company, You,
or Your shall be deemed to be references to Company and its Affiliate(s).
1.2 "Computer" means the hardware, if the hardware is a single computer system, whether
physical or virtual, or means the computer system with which the hardware operates, if the
hardware is a computer system component.
1.3 "Documentation" means the official user documentation prepared and provided by
SolarWinds Worldwide to You on the use of the Software. For the avoidance of doubt, any online
community site; unofficial documentation, videos, white papers, or related media; or feedback
does not constitute Documentation.
1.4 "Software" means the object code versions of the product, together with the updates,
new releases or versions, modifications or enhancements, owned and provided by SolarWinds
Worldwide to You pursuant to this Agreement.
2. GRANT OF LICENSE,
2.1 Production License. Upon payment of the applicable fees for the Software and
continuous compliance with the terms and conditions of this Agreement and the Documentation,
SolarWinds Worldwide hereby grants You a limited, worldwide, perpetual, nonexclusive,
nontransferable license to use the object code of the Software and Documentation subject to the
terms contained herein:
a) For each Software license key that You purchase from SolarWinds Worldwide,
You may: (i) use the Software on any single Computer, unless the Documentation clearly
indicates otherwise; and (ii) copy the Software for back-up and archival purposes, provided any
copy must contain all of the original Software's proprietary notices and a notice that it will not be
used for transfer, distribution or sale.
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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 reasonable efforts to prevent and protect the contents of the Software and Documentation
from unauthorized use or disclosure, with at least the same degree of care that You use to protect
Your own confidential and proprietary information, but in no event less than a reasonable degree
of care under the circumstances. You agree that You will register this Software only with
SolarWinds and that You will only install a Software license key obtained directly from SolarWinds.
2.2 Software Evaluation License. If the Software is provided to You for evaluation purposes,
SolarWinds Worldwide grants to You a nonexclusive, limited, royalty-free, nontransferable
evaluation license to use the Software solely for evaluation prior to purchase (an "Evaluation
License"). The Evaluation License shall terminate on the end date of the pre-determined
evaluation period or immediately upon notice from SolarWinds at its sole discretion.
Notwithstanding any other provision contained herein, Software provided pursuant to an
Evaluation License is provided to You "AS IS"without indemnification, support, or warranty of any
kind, express or implied. Except to the extent such terms conflict with the specific Evaluation
License terms set forth in this Section, all other terms of this End User License shall apply to
Software licensed under an Evaluation License.
2.3 High Availability and/or Disaster Recovery Purpose License. If You are obtaining a
redundant version of the Software solely for high availability and/or disaster recovery purposes
for use on Your disaster recovery Computer, You represent and warrant that (i)You may actively
run the redundant version of the Software on a Computer, provided it is not running on a primary
production Computer, unless (a) the primary production Computer related to the primary
production version of the Software fails, (b)the Software or Computer associated with the primary
production license is being upgraded or replaced, or (c) other temporary reasons that disrupt all
or a material part of Your business operations; (ii) You will not utilize the redundant version of the
Software to monitor any items not being monitored by the primary production Computer; and (iii)
You will promptly get the primary production Computer hosting the primary production license
operating correctly in order to support Your daily activities.
3. LICENSE RESTRICTIONS.
3.1 You may not: (i) provide, make available to, or permit other individuals to use the Software
or Documentation, except under the terms listed above, either in whole or part; (ii) modify,
translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise
attempt to derive the source code based upon the Software or Documentation; (iii) copy,
reproduce, republish, upload, post, or transmit the Software or Documentation (except for back-
up or archival purposes, which will not be used for transfer, distribution, or sale); (iv) license, sell,
rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software or
Documentation; (v) remove any proprietary notices or labels on the Software or Documentation;
or (vi) license the Software if You are a direct competitor of SolarWinds for the purposes of
monitoring the Software's availability, performance, or functionality or for any other benchmarking
or competitive purposes. Any such forbidden use shall immediately terminate Your license to the
Software. The Software is intended only for use with public domain or properly licensed third
party materials. All responsibility for obtaining such a license is Yours, and SolarWinds shall not
be responsible for Your failure to do so.
3.2 SolarWinds Trademarks. You may not delete, remove, hide, move or alter any
trademark, logo, 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 of the company name or mark "SolarWinds" or any of its Affiliates' names or
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marks must remain as originally distributed regardless of the presence or absence of a trademark,
copyright, or other intellectual property symbol or notice.
3.3 Export Restrictions. The Software and Documentation delivered to You under this
Agreement are subject to U.S. export control laws and regulations and may also be subject to
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 any 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 (iii)to any
person or entity who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government.
3.4 Compliance with Applicable Laws. The Software and Documentation are protected by
the intellectual property laws and other laws of the United States and international laws and
treaties, including intellectual property laws. You agree that You shall use the Software and
Documentation solely 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. RIGHTS RESERVED. THE SOFTWARE IS LICENSED, NOT SOLD. Use herein of the
word "purchase" in conjunction with licenses, license keys, or the Software shall not imply a
transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights,
title, or interest in or to Software, Documentation, trademarks, service marks, or trade secrets, or
corresponding intellectual property (including without limitation any images, photographs,
animations, video, audio, music, and text incorporated into the Software, the accompanying
printed materials, and any copies of the Software) of SolarWinds or its suppliers, and all rights,
title, and interest in and to the Software, Documentation, and corresponding intellectual property
shall remain the property of SolarWinds, its suppliers, or are publicly available. All rights not
expressly granted underthis Agreement are reserved by SolarWinds, its suppliers, or third parties.
All title, rights, and interest in and to content, which may be accessed through the Software, is the
property of the respective owner and may be protected by applicable intellectual property laws
and treaties. This Agreement gives You no rights to such content, including use of the same.
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.
5. CONFIDENTIALITY
5.1 "Confidential Information" means any nonpublic or proprietary information, in tangible or
intangible form, that a party to this Agreement ("Disclosing Party') designates as being
confidential by legends or other markings or in a separate writing provided contemporaneous with
the disclosure to the party that receives such information ('Receiving Party"). Confidential
Information includes the Software, Documentation and any other intellectual property or
proprietary rights thereto. Confidential Information shall not include any information, however
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designated, that: (i) is nr suhsPquPntly hprnmps puhlicly available without Receiving Party's
breach of any obligation owed to Disclosing Party; (ii) became known to Receiving Party prior to
Disclosing Party's disclosure of such information to Receiving Party pursuant to the terms of this
Agreement; (iii) became known to Receiving Party from a source other than Disclosing Party other
than by the breach of an obligation of confidentiality; or (iv) is independently developed by
Receiving Party without reference to or use of the Confidential Information.
5.2 Protection. Receiving Party may use Confidential Information of Disclosing Party; (a) to
exercise its rights and perform its obligations under this EULA; or(b) in connection with the parties'
ongoing business relationship. Receiving Party will not use any Confidential Information of
Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the
Confidential Information of Disclosing Party only to the employees or contractors of Recipient who
have a need to know such Confidential Information for purposes of this Agreement and who are
under a duty of confidentiality no less restrictive than Receiving Party's duty hereunder. Receiving
Party will protect Confidential Information from unauthorized use, access, or disclosure in the
same manner as Receiving Party protects its own confidential or proprietary information of a
similar nature but with no less than reasonable care. The parties will each be responsible for any
breach of this Agreement by their consultants or agents and each party agrees to take all
reasonable measures to restrain its consultants or agents from disclosure or improper use of the
other party's Confidential Information. Confidential Information shall remain at all times the
property of the Disclosing Party. No rights to use, license or otherwise exploit the
Confidential Information are granted to the Receiving Party or its agents, by implication
or otherwise.
5.3 Data Rights. You agree that SolarWinds will collect and track technical and related
information about You and Your use of the Software, which may include Your internet protocol
address, hardware identifying information, operating system, application software, peripheral
hardware, and Software usage statistics, to assist with the operation and function of the Software,
the provision of updates, support, invoicing, marketing by SolarWinds or its agents and research
and development.
6. LIMITED WARRANTY. SolarWinds Worldwide warrants to You that for a period of thirty
(30) days following the initial purchase and delivery of the Software to You that the Software will
perform substantially in conformance with the Documentation. SolarWinds Worldwide does not
warrant that the Software will meet all of Your requirements or that the use of the Software will be
uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the
Software that are reproducible in standalone form and does not apply to: (i) Software that is
modified or altered by You or any third party that is not authorized by SolarWinds Worldwide; (ii)
Software that is otherwise operated in violation of this Agreement or other than in accordance
with the Documentation; or (iii) failures that are caused by other software or hardware products.
To the maximum extent permitted under applicable law, as SolarWinds' and its suppliers' entire
liability, and as Your exclusive remedy for any breach of the foregoing warranty, SolarWinds
Worldwide will, at its sole option and expense, promptly repair or replace any Software that fails
to meet this limited warranty or, if SolarWinds Worldwide is unable to repair or replace the
Software, refund to You the applicable license fees paid upon return, if applicable, of the
nonconforming item to SolarWinds Worldwide. The warranty is void if failure of the Software has
resulted from accident, abuse, or misapplication. Any replacement Software under this limited
warranty will be warranted for thirty (30) days.
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EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, SOLARWINDS IS PROVIDING AND LICENSING
THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE.
7. INTELLECTUAL PROPERTY INDEMNIFICATION. SolarWinds Worldwide will
indemnify and hold You harmless from any third party claim brought against You that the
Software, as provided by SolarWinds Worldwide to You under this Agreement and used within
the scope of this Agreement, infringes or misappropriates any U.S. patent, copyright, trademark,
trade secret, or other intellectual property rights of a third party, provided (i) use of the Software
by You is in conformity with the Agreement and Documentation; (ii)the infringement is not caused
by modification or alteration of the Software or Documentation; and/or (iii) the infringement was
not caused by a combination or use of the Software with products not supplied by SolarWinds.
SolarWinds Worldwide's indemnification obligations are contingent upon You: (i) promptly
notifying SolarWinds Worldwide in writing of the claim; (ii) granting SolarWinds Worldwide sole
control of the selection of counsel, defense, and settlement of the claim; and (iii) providing
SolarWinds Worldwide with reasonable assistance, information and authority required for the
defense and settlement of the claim. This Section states SolarWinds' entire liability (and shall be
Company's sole and exclusive remedy) with respect to indemnification to Company.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL SOLARWINDS, ITS DIRECTORS, OFFICERS,
AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE)OR OTHERWISE) (I) FOR MORE THAN THE AMOUNT OF
LICENSE FEES THAT YOU HAVE PAID TO SOLARWINDS IN THE PRECEDING (12)TWELVE
MONTHS FOR THE APPLICABLE SOFTWARE OR (ll) FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE
SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA,
LOST SAVINGS, OR OTHER ECONOMIC DAMAGE , ARISING OUT OF THIS AGREEMENT
OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF
SOLARWINDS OR A DEALER AUTHORIZED BY SOLARWINDS HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. Third Party Programs. To the extent the Software is bundled with third party software
programs; these third party software programs are governed by their own license terms, which
may include open source or free software licenses. Nothing in this Agreement limits an end user's
rights under, or grants the end user rights that supersede, the terms of any such third party
software.
10. CHOICE OF LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Texas and of the United States, without regard to any conflict of laws provisions, except
that the United Nations Convention on the International Sale of Goods shall not apply. The parties
agree that the provisions of the Uniform Computer Information Transactions Act shall not apply
to this Agreement. You hereby consent to jurisdiction of the courts of both the state or federal
courts of Texas.
11. COUNTERPARTS AND FACSIMILE SIGNATURE. This Agreement may be executed
in counterparts, each of which shall be deemed an original and all of which shall constitute one
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and the same instrument. The Parties may exchange signature pages by facsimile and such
signatures shall be effective to bind the Parties.
12. COMPLETE AGREEMENT. This Agreement along with the Software Support and
Maintenance Terms and Conditions and, if applicable, the Network Operations Manager/Network
Automation Managed End User License Agreement Addendum found at
http:/fwww.solauwinds.com/leaaVCeaal-documents, constitute 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 or any purchase order issued in connection with this Agreement.
If any provision of this Agreement is held to be unenforceable, that shall not affect the
enforceability of the remaining provisions. This Agreement shall not be amended or modified
except in a writing signed by authorized representatives of each party.
13. GOVERNMENT USE. SolarWinds' Software and Documentation was developed
exclusively at private expense and is a "commercial item" as defined in FAR 2.101, and any
supplement is provided with no greater than RESTRICTED RIGHTS. Such Software and related
items consist of"commercial computer software,""commercial computer software documentation,"
and commercial technical data as defined in the applicable acquisition regulations, including FAR
2.101 and FAR Part 12. Use, duplication, release, modification, transfer, or disclosure ("Use") of
the Software and Documentation is restricted by this Agreement and in accordance with DFARS
Section 227.7202 and FAR Section 12.212, and the Software and Documentation are licensed (i)
only as commercial items; and (ii) with only the rights granted to commercial end users pursuant
to this Agreement. Such Use is further restricted by FAR 52.227-14, 252.227-7015, or similar
acquisition regulations, as applicable and amended. Except as described herein, all other Use is
prohibited. This section is in lieu of, and supersedes, any other FAR, DFARS, or other clause
addressing Government rights under this Agreement or any other contract which the Software or
Documentation is acquired or licensed. Manufacturer is SolarWinds Worldwide, LLC, 7171
Southwest Parkway, Building 400, Austin, Texas 78735.
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EXHIBIT 8
INSURANCE REI�,UIREM'ENTS FOR
SERVICE CONiTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
Insurance against claims for injuries to persons or damage to properly 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 Llabllity insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
ansing 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 101185 or a
substitute endorsement providing equivalent coverage.
0. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits-
I. Com n rcial 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. i
2. The Contractor's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
k
EXHIBIT B (Continued)
thirty (30) days prior written notice by certified mall, return
receipt requested, has been given to the City.
3. The City of Kent shall be named as an,additional Insured on I
all policies (except Professional Uabllity) 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 Cerflt7 to of Insurance. The City
reserves the right to receive a certified copy of ail required
Insurance policies. The Contractor's Commercial General
Uabliity Insurance shall also contain a clause stating that
coverage shall apply separately to each insured against
whom claim is made orsuit is brought, except with respects
to the limits of the Insurer's liability.
D, Acceptability of insurers 11
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 C
Contractor shall include ail 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 y
requirements as stated herein for the Contractor.
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