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HomeMy WebLinkAboutC15-350 MSN Communications Inc. dba OneNeck IT SolutionsAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MSN COMMUNICATIONS, INC. DBA ONENECK IT SOLUTIONS September THIS AGREEMENT ("Agreement") is effective as of the 11th day of August, 2015 by and between MSN Communications, Inc., a Colorado corporation, d/b/a OneNeck IT Solutions (hereinafter "Contractor" or "Consultant") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to hire Contractor to install up to seven (7) Cisco Catalyst switches and to configure WOL Network Setup (the "Project") located at multiple Eagle County Government offices in Eagle, El Jebel, Avon and Wolcott (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof, and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than within sixty (60) days of execution of this Agreement and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The IT Department's designee shall be Contractor's contact at the County with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect for a term of one (1) year. C1S--3Sv 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $5,300. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may reasonably request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and 2 Eagle County Professional Services rr Final 5/14 Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. iv. Professional Liability (Errors and Omissions) including Cyber Liability with prior acts coverage for all deliverables, Services and additional services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability of not less than $3,000,000 per claim and $3,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft, dissemination and/or use of confidential information stored or transmitted in electronic form; (ii) Network Security Liability arising from unauthorized access to, use of or tampering with computer systems including hacker attacks, inability of an authorized third party to gain access to your Software or Services including denial of access or Services unless caused by a mechanical or electrical failure; (iii) liability arising from the introduction of a computer virus into, or otherwise causing damage to, County or a third person's computer, computer system, network or similar computer related property and the data, software and programs thereon. V. Crime Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Consultant is physically located on County premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers and employees of the Consultant. The bond or policy shall include coverage for extended theft and mysterious disappearance. The bond or policy shall not contain a condition requiring an arrest or conversion. Limits shall be a minimum of $1,000,000 per loss. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does 3 Eagle County Professional Services IT Final 5/14 not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. V. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of any claim by a third party to the extent based on: (i) the Services or Contractor's software used to provide the Services are alleged to infringe upon any United States patent, copyright, United States trademark, or other proprietary right of a third party; provided, however, that Contractor shall not be obligated to indemnify County, if such claim is caused by or arises out of (A) any intellectual property or materials provided by County (B) any designs, or directions provided by County; (C) any software provided by an OEM or other Third Party; (D) County's use of the Services or software other than in accordance with applicable documentation or instructions supplied by Contractor; (E) any combination, alteration, modification or revision of the Services or software not expressly authorized in writing by Contractor; or (F) County's failure to use or implement corrections or enhancements to the Services or software made available free of charge to County by Contractor; (ii) a violation by Contractor or its Affiliates of Federal, state, or other laws or regulations; (iii) work- related injury or death caused by Contractor or its Affiliates, subcontractors or service providers, or any of their employees or agents, while performing activities in connection with this Agreement; and (iv) tangible personal or real property damage caused by Contractor or its Affiliates, subcontractors or service providers, or any of their employees or agents, while performing activities in connection with this Agreement;; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 8.1 Limitation of Liability. EXCEPT WITH RESPECT TO AMOUNTS COUNTY IS OBLIGATED TO PAY UNDER A STATEMENT OF WORK OR AS ARISING OUT OF AN INTENTIONAL WRONGFUL ACT OF THE PARTY, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES, BE LIABLE TO THE OTHER PARTY FOR ANY REASON, WHETHER IN CONTRACT OR IN TORT, FOR ANY DAMAGES ARISING OUT OF OR BASED UPON THIS AGREEMENT IN AN AMOUNT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. County acknowledges that Contractor, in the normal conduct of its business, may use concepts, skills and know-how developed while performing other contracts. County acknowledges the benefit which may accrue to it through this practice, and accordingly agrees that anything in this Agreement notwithstanding Contractor may continue, without payment of a royalty, this practice of using concepts, skills and know-how developed while performing this Agreement 4 Eagle County Professional Services IT Final 5/14 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Jake Klearman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3595 Facsimile: 970-328-8699 E -Mail: Jake.klearman@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us CONTRACTOR: MSN Communications d/b/a OneNeck IT Solutions 525 Junction Road Madison, WI 53717 LesalC&OneNeck.com With a copy to: Stephen P. Fitzell, Esq. Sidley Austin LLP One South Dearborn St. Chicago, IL 60603 Fax #: 312.853.7036 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services performed as stated in the applicable Statement of Work to the date of termination. 5 Eagle County Professional Services IT Final 5/14 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 6 Eagle County Professional Services IT Final 5/14 h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. M. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. . The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. [REST OF PAGE INTENTIONALL Y LEFT BLANK] 7 Eagle County Professional Services IT Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Brent McFall, County Manager MSN COMMUNICATIONS, INC. DBA ONENE YFc0@0L0TIONS By: _ 765ASE)i 881 9342F Print Name: Jeff Pointer Title: Vice President Commercial Sales 8 Eagle County Professional Services IT Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Scope of Services: - Installation of up to seven (7) Cisco Catalyst switches (mix of 2960X and 3560X models). -County must provide all hardware including cabling. - County must provide space, power, and sufficient cooling for new switches. - Assistance in configuration of Cisco network to configure Wake on LAN (WOL) for directed - broadcast support. County is responsible for all end -host configurations pertaining to WOL. Completion criteria: Services will end when 1) County advises Contractor, in writing, that further Services are not required, 2) maximum authorized service amount is met, or 3) upon contract termination date, whichever occurs first. Charges: County agrees to pay Contractor for actual hours expended and any actual travel and living expenses incurred by Contractor through the termination of the project. Actual travel and living expenses shall not exceed $500.00. Contractor will invoice County monthly for actual hours of Service at the rates and minimums in effect when Contractor provides Services. Actual travel and living expenses, if applicable, will be invoiced additionally. Invoices are payable upon receipt. There will be a two-hour minimum charge for each weekend or Contractor holiday day in which Services are provided. The actual hours of services and expenses, if applicable, will be provided to County. Current Rates: Senior Engineer: $180.00 per hour Project Coordinator: $120.00 per hour After -Hours and Weekends: 150% of applicable rate 9 Eagle County Professional Services IT Final 5/14 Travel: 50% of applicable rate Holidays: 200% (Dependent on availability) Standard Business Hours: 8:00 AM to 5:00 PM, Monday through Friday 10 Eagle County Professional Services IT Final 5/14 EXHIBIT B INSURANCE CERTIFICATE 11 Eagle County Professional Services IT Final 5/14 ® A�C� A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F8/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(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). Commercial Lines- 312-658-4114ONE Wells Fargo Insurance Services USA, Inc. 10 S. Wacker, 17th floor Chicago, IL 60606 CONTAPRODUCER NAME: Janet Keating 312-658-4114 FAX PNo , 312-658-4100 /C No Ext): E-MAIL ADDRESS: anet.s.keating@ g wellsfar o.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Beazley Insurance Company 37540 INSURED Telephone & Data Systems, Inc. OneNeck IT Solutions, LLC 30 N. LaSalle Street, Suite 4000 Chicago, IL 60602 INSURER B: INSURER C : INSURER D : INSURER E: INSURER F: rrwenwi±ec� /`CDTICICATF IJI IMRFR• 44nznio KI'VINI JN NUMCICK: Oee De10w 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE El OCCUR DAMAGE TO RENT - E PREMISES Ea occcu ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PRO ❑ LOC POLICYEl JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED ALL OWSCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional E&O V15T50150801 05/15/2015 05/15/2016 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Professional E&O/Network Security/Privacy Liability r.r�r�i.wtc ung nco CA(UftPl I ATIr]N Eagle County, Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATT: Jake Kleaman ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway AUTHORIZED REPRESENTATIVE `-iC�*"�ol,1— P. 0. Box 850 Eagle, CO 81631 The ACORD name and logo are registered marks of ACORD (cJ 198S -2U14 AWKU wKPORAT WN. Ah rights reserves. ACORD 25 (2014/01) '_ -10 AC<RL> CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 08/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(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 MARSH USA INC.D 540 W. MADISOND CHICAGO, IL 60661 OD Attn: Chicago.Cer Request@Marsh.com; Fax: 212-948-0770 CONTACT NAME: PHONE FAX (AIC, A/C No Ext): No E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Sentry Casualty Company 28460 INSURED TELEPHONE AND DATA SYSTEMS, INC.D ONENECK IT SOLUTIONS, LLCD INSURER B : Sentry Insurance A Mutual Company 24988 INSURER C: N/A N/A INSURER D: 30 N LASALLE ST., STE.4000D CHICAGO, IL 60602 CLAIMS-MADE I X I OCCUR INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI -006397779-01 REVISION NUMBER:8 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 LTR TYPEOFINSURANCE ADDLSUBR POLICYNUMBER POLICYEFF MM/DDIYYYY POLI CYEXP MMIDD LIMITS B X COMMERCIAL GENERAL LIABILITY 90-02578-11 01/01/2015 01/01/2016 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE I X I OCCUR DAMAGE TO RENTEff- PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY u PE O J LJ LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY 90-02578-04 01/01/2015 01/01/2016 Ea accident $ 5,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULE AUTOS D AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESSLIAB CLAIMS -MADE DED I RETENTION $ $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEEXCLUDED? OFFICER/MEMBER EXCLUDED? ®N (Mandatory in NH) I A (ADS) I, MANY, ND,OH,WA ) 01/01/2015 01101/2015 01/01/2016 01/01/2016 TH- X STATUTE ETH E.L. EACH ACCIDENT $ 1,600,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers is/are included as additional insured (except workers' compensation) as respects operations performed by or on behalf of the named insured as required by written contract. CERTIFICATE HOLDER CANCELLATION Eagle County, ColoradoD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Jake KlearmanD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500BroadwayD ACCORDANCE WITH THE POLICY PROVISIONS. Post Office Box 850D Eagle, CO 81631 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee S+t t7LM aao►.: �'Q+lw tiff wu e ACORD 25 (2014101) @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACC>RAP CERTIFICATE OF LIABILITY INSURANCE DATE ` 08/28/22015015 YYYY, 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 endorsement(s). PRODUCER MARSH USA INC.D 540 W. MADISOND CONTACT NAME: PHONE FAX(AIC, (AIC, IC No Ext): No E-MAIL ADDRESS: CHICAGO, IL 606610D Attn: chicago.certrequest@marsh.com 212-948-0770 INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: Chubb 400122-FINPR-Crime-15-16 INSURED TELEPHONE AND DATA SYSTEMS, INC.D INSURER B: ONENECK ITSOLUTIONS, LLCD INSURER C: 30 N LASALLE ST., STE.4000D CHICAGO, IL 60602 INSURER D: DAMAGE TO RENT INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: CHI -006397780-01 REVISION NUMBER:4 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 LTR ACCORDANCE WITH THE POLICY PROVISIONS. ADDLSUTYPEOFINSURANCE INSD W D POLICYNUMBER MMIDDPOLICYEFF MWDPOLpYEXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENT CLAIMS -MADE I I OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY u PRO a LOC JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULE AUTOS D AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N 1 A PER OTH- STATUTE ER E.L. EACH ACCIDENT 1 $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I I E.L. DISEASE - POLICY LIMIT 1 $ A Crime 8242-7933 05/26/2015 05/2612016 Limit of Insurance: 10,000,000 Deductible: 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space is required) CERTIFICATE HOLDER CANCELLATION Eagle County, ColoradoD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Jake KlearmanD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500BroadwayD ACCORDANCE WITH THE POLICY PROVISIONS. Post Office Box 8500 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD