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HomeMy WebLinkAboutIT14-110 - Original - Allied Telesis, Inc. - Euipment, Power Supplies, & Mintenance - 04/30/2014 ecords M*1a gemen--t- ) KENT Document WASHINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Allied Telesis, Inc. Vendor Number: 328670 JD Edwards Number Contract Number: 1T 14 - I K This is assigned by City Clerk's Office Project Name: Product Purchase and Support Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Termination Date: 4/27/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Kelsey Department: Information Technology Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsM ement\Forms\ContractCover\adcc7832 1 11/08 KENT WAS... I-N GOODS & SERVICES AGREEMENT between the City of Kent and Allied Telesis, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Allied Telesis, Inc, organized under the laws of the State of California, located and doing business at 3041 Orchard Parkway, San Jose, CA 95134 (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: See Exhibit A (Attached) Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services no later than April 27, 2014 III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $21,480.71, 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: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 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 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 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 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. 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 goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. 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, GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 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. 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 GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: &?nature& Print Name: Pt Lll LA'ea rint a- _ Its Its or (une) DATE:. _ Y- R-1 `( DATE: O NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Allied Telesis, Inc Mike Carrington, Information Technology Director 3041 Orchard Parkway City of Kent San Jose, CA 95134 220 Fourth Avenue South Kent, WA 98032 408-519-8762 (telephone) (facsimile) (253) 856-4607 (telephone) 253 856-4700 facsimile APPRO D AS O FO : P7 LW&08 Kent Law Department I�w.�,vw nw.Ma.m.�ederenp4e�w.urcmrtaa iMs c..m..e� GOODS &SERVICES AGREEMENT- 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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 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 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 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: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Price Quote KEN T City of Kent April 8, 2014 , ,,Ar, Allied Telesis ALLIED TELESIS PRICE QUOTE Allied Telesis 1 3041 Orchard Parkway EIWIRS Tax ID.77.0166066 San Jose,CA 96134 USA Main Office Number 408-619.8700 OPP-ID OPP-000094578 Expiration pate 4/27/2014 Prepared By Elias Carrillo Contact Name Galen Hirschi Phone (408)519-8762 Phone +1-253-856-4614 E-mall elias_carrillo@alliedtelesis corn Email ghirschi@ci kent we us BIII To Name City of Kent Ship To Name City of Kent BIII To 220 4th Ave S Kent,WA 98032-5895 United States to( 3� G3 S ZU $CD Additional Information 31 Payment terms Net 30 days(upon credit approval)unless defined differently in a separate contract 1 Quote To Quote To Name City of Kent Quota To 220 4th Ave S Kent,WA 98032-5895 United States a_ T• `� I N eial USD USD USD AT-NSP-PC4ver-001 �SERVICE 1 Year Product Support Non,Pcrt Baia!Pricing 0 00 656 66 -65,566 00 1 00 i 65666 1 AT-PWR800.10 PRODUCT 800W POWER SUPPLY,US,LF USD USp 1 0.00 100 USR 1,10000 1110000 1 1.10000 AT-SPSX PRODUCT 500m 850nm 1000Basa-SX Small Form USD USp 62,50 2,00 U6D Pluggable-Hot Swappable 1 240.00 9000 180,00 AT-x210.240T I PRODUCfi Standalone Enterprise Edge Switch 20 x USp 1 USD 54,97 1 00' U$p 10110011000T+4 SFP combo 1,288 00' 57999 579.99 24 Port PoE+1 0/1 0 011 0 0 0T Stackable Gigabit USD USD USp AT-x510-28GPX-10 i PRODUCT Edge Switch w/4 SFP+and 2 PSU Basic 2 g88 00 1,600 07 48,d5 1,00 1,600,07 License 48 Port PoE+10/100/100oT Stackable Gigabit AT-x810-520PX-10 PRODUCT Edge Switch w/4 SFP+and 2 PSU Basic USD USD 42 e0 400 USD License 5,488,00 3,150.11 12,60044 j I AT-x610-24Ts1X-PQE+'PRODUCT 24 Port PoE+Gigabit Advanced Layer 3 Switch USD USp p2 29 9 00 w/4 SFP Combo and w/2 SFP+(Requires PSU) 15,025 00 2,899 93 USD 2,899,93 a = Allied Telesis-www alliedtelesis com AW Allied Telesis Grand Total USD 19,617 09 Definitions of Terms 1 FOB origin via Allied Telesis'specified carrier,prepay and add 2 This quotation is provided for information purposes only and shall not be construed as an offer to sell and is subject to change without notice All orders are subject to acceptance by Allied Telesis All prices are subject to all applicable state and/or local taxes Terms are subject to credit department approval 3 Customer agrees to follow all export regulations of USA Nuclear, biological or chemical weapon use is prohibited,diversion of Allied Telesis product,contrary to the U S law,is prohibited 4 Allied Telesis offers a flexible set of services and support programs that can be tailored to meet the needs of a wide range of customers who wish to take additional precautions to safeguard the integrity of networked data,ensure network up time,and maximize end-user productivity while protecting their original investment well into the future These Service Programs provide comprehensive coverage for your purchase,including advanced hardware replacement and access to no charge telephone support http//www alliedtelesis com/legal/salesterms Allied Telesis-www alliedtelesis com EXHIBIT B INSURANCE REQUIREMENTS FOR --- SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for Injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of 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 1185 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of insurance Contractor shall maintain the fallowing 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. I 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 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 I Liability Insurance shall also contain a clause stating that coverage shall apply separately to each insured against i whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. i 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 j requirements as stated herein for the Contractor. 3 ' ® DATE(MM/DDIYYYY) ACORU CERTIFICATE OF LIABILITY INSURANCE 4/30/2014 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(ies)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 endorsements PRODUCER NTACT NAME Catalina Domeyko Woodruff-Sawyer&Co IMCNE 41 - 1-2141 A/C No 50 California Street, Floor 12 E-MAIL San Francisco CA 94111 ADDRESS m ko w n m INSURERS AFFORDING COVERAGE NAIC# INSURERA FederalInsuran m an 281 INSURED ALLITEL-01 INSURERS StarNet InsuranceCOm Allied Telesis, Inc INSURERC 3041 Orchard Parkway INSURER San Jose CA 95134 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1112298495 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 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICYNUMBER MMIDD/YWY MM/DDIYYYY A GENERAL LIABILITY Y 35390862 /112014 /1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE a OCCUR MED EXP(Ary one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PIFCT RO LOC $ A AUTOMOBILE LIABILITY 73265946 21112014 /1/2015 Ea accident 1 000 000 X ANY AUTO BODILY INJLIRY(Pef person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accdent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident A X UMBRELLA LIAB X OCCUR 79790948 21112014 /112015 EACH OCCURRENCE $25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $25,000,000 DED X RETENTION$Nil $ B WORKERS COMPENSATION WN1483822 1/1/2014 /1/2015 X NRSTATULIMIT O R AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? IN I N I A (Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000 f yes describe under DESCRIPTION Of OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent is inlcuded as Additional Insured with regards to General Liability per form 80 02 2367 Policies contain a 30 day notice of cancellation for any reasons, other than non-payment of premium per form 80-02-9779 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 Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Policy Period FEBRUARY 1,2014 TO FEBRUARY 1,2015 Effective Date APRIL 14,2014 Policy Number 3539-08-62 SFO Insured ALLIED TELESIS,INC Name of Company FEDERAL INSURANCE COMPANY Date Issued APRIL 24,2014 This Endorsement applies to the following forms. GENERAL LIABILITY INFORMATIONAND NETWORK TECHNOLOGY BLENDED LIABILITY INSURANCE Under Who Is An Insured,the following provision is added. Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown in the Organization Schedule,acting pursuant to a written contract or agreement between you and such person or organization,is an insured,but they are insureds only w ah respect to liability arising out of your operations,or your premises,ifyou are obligated,pursuant to such contract or agreement,to provide i them with such insurance as is afforded by this policy i However,no such person or organization is an insured with respect to any- assumption of liability by them in a contract or agreement.This limitation does not apply to the liability for damages for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. damages arising out of their sole negligence I Schedule City of Kent 220 Fourth Avenue South Kent,WA 98032 Liability Insurance Additional Insured-scheduled Person Or Organizamn continued Form 80-02-2367(Rev 8-04) Endorsement Page I Liability Endorsement (continued) All other terms and conditions remain unchanged. i Authonzed Representative I babNity Insurance AddNlonal Insured-Scheduled Perswi yr vrgatezaaon last page Form 80-02-2367(Rev 8-04) Endorsement Page 2 Policy Conditions Endorsement Policy Period FEBRUARY 1,2014 TO FEBRUARY 1,2015 Effective Date APRIL 14,2014 Policy Number 3539-08-62 SFO Insured ALLIED TELESIS,INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued APRIL 24,2014 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Conditions,the following condition is added Conditions Notice Of Cancellation When we cancel this policy for any reason,other than non-paymentof premium,we will notify To Scheduled Persons person(s)or organization(s)shown in the Schedule at least 30 days in advance of the cancellation Or Organizations When date We Cancel Any failure by us to notify such person(s)or organization(s)will not: impose any liability or obligation of any kind upon us,or invalidate such cancellation. Schedule Person(s)or Organization(s) Quadrus Sand Hill LLC c/o Lo Property Management Address: 2400 Sand Hill Rd,Ste 101 Menlo Park,CA 94025 Person(s)or Organization(s) 119 International Drive,L L C. c/o CP Management,Inc Address: 11 Court Street,Suite 100 Exeter,NH 03933 Re. 12 Rye Street,Ste 310,Portsmouth NH 03801 Policy Conditions Notice Of Cancellation To Scheduled Persons Or Giganizabons(Except Non-Payment Of Premium) continued Form 80-02-9779(Ed 3-11) Endorsement Page i Conditions (continued) Person(s)or Organization(s). City of Kent Address. 220 Fourth Avenue South Kent,WA 98032 All other terms and conditions remain unchanged Authorized Representative V a,_-Ay—' � Policy Conditions Notice Of Canceflahon To Scheduled Persons Or organizations(Except Non-Payment Of premium) last page Form 60-02-9779(Ed 3-11) Endorsement Page 2 � O O O CD O 0 0 to a- V V O Cfl r• NO (A d' r to N r to r Cl) O () r O O M W eO g �.: ^ (.j (0 00 V F N N x 00 o O o 7 M U m M n 0 0 7 N � to N r to to to O to to M r y � N _C (Q U Cfl y O O O O (D 7 0) M LL ~ V U � O oO to D to to Co 000 r 0 cc O �- U (0 ,.; .- .- tv 3 m O CO N LO N W fn U) F- N C 1- QO ?� .M- O N V L V m m z a too 0 o rn o Cl) d — N 0 = d. 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I o 1E- O (n = VO co J N M d n to r Q r a REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT Wws 1.0 Tow Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: James Endicott Phone (Originator): 4620 Date Sent: 4/7/2014 Date Require : 4/10/2014 Return Signed Document to: CONTRAC�TERMINAT ON DATE: James Endicott a/ VENDOR NAME: Allied Telesis Inc. DATE OF COUNCIL APPROVAL: N/A Brief Explanation of Document: Purchase Order for Allied Telesis networking equipment, power supplies, and maintenance. RECEIVED APR 3 0 2014 CITY OF KENT CITY CLERK All Contracts Must Be Routed Through The Law Department REaOEf vED by the Law Department) VV 11�� V C�L,,ff Received: APR 2 9 2014 ILI f Approval of Law Dept.: \ �� Law Dept. Comments: KENT LAW DEPT. Date Forwarded to Mayor: -3U��`� (@ Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECElk gym. Disposition: I 40�� City of Ill l e' Date Returned: �j Office of the Ma cr IT iy- i io