HomeMy WebLinkAboutC2022-076 - 4/26/2022 - Approved DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
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SERVICE AGREEMENT NO. 118503
Cisco SmartNet Network Equipment Support and
f�'anwo�alev
1852 Maintenance
THIS Cisco SmartNet Network Equipment Support and Maintenance Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Great South Texas Corp dba Computer
Solutions ("Contractor'), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Cisco SmartNet Network Equipment
Support and Maintenance in response to Request for Bid/Proposal No. 118503
("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications
and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Cisco SmartNet Network Equipment Support and
Maintenance ("Services") in accordance with the attached Scope of Work, as
shown in Attachment A, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety, and in accordance with Exhibit
2.
2. Term.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to
zero additional zero-year periods ("Option Period(s)"), provided, the parties do so
in writing prior to the expiration of the original term or the then-current Option
Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
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DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
3. Compensation and Payment. This Agreement is for an amount not to exceed
$189,257.62, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Jesus Hernandez
Information Technology Department
Phone: 361 .826.3748
Jesush6@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
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may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Jesus Hernandez
IT Security Manager
1201 Leopard St., Corpus Christi, TX 78401
Phone: 361 .826.3748
Fax: n/a
IF TO CONTRACTOR:
Great South Texas Corp dba Computer Solutions
Attn: David Jones
Inside Sales Representative
14410 Wurzback Parkway, Suite 175, San Antonio, TX 78216
Phone: 210.369.0318
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Fax: n/a
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
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20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement Standard Form Page 7 of 8
Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:91 CF99F5-2618-4ADE-93D4-97E787B086D7
CONTRACTOR
LDD
Signed by:
Signature: ,VVXS
Printed Name. David Tones
Title: inside sales Associate
Date: 4/12/2022 M2022-058
Authorized By
Council 4-26-2022
CITY OF CORPUS CHRISTI
Docusigned by: DS
JoShIt ronfey
Assistant Director of Finance - Procurement
Date: 4/28/2022
ATTEST:
Attached and Incorporated by Reference: Docusignedby,
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule �
Attachment C: Insurance and Bond Requirements Rebecca Huerta
Attachment D: Warranty Requirements
City Secretary
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 118503
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 8 of 8
Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
ATTACHMENT A: SCOPE OF WORK
Project Name: Cisco SmartNet Renewal
Project Address: City of Corpus Christi, City Hall, 1201 Leopard Street, 1 It Floor, Corpus
Christi, Texas, 78401
Scope of Work:
A. The Contractor will resell Cisco SmartNet that will provide support for enterprise Cisco
software and hardware devices.
B. The Contractor will resell SmartNet that will include device management, device
support, online technical resources, software updates, and advanced hardware
replacement.
C. The Contractor will reference equipment covered in the SmartNet agreement as shown
below.
1 Cisco CCWR Quote# 321876271 - See Xls Reference Doc - on file with IT Dept
UCS/Servers Coverage: 4/9/2022 - 4/8/2023
2 Cisco CCWR Quote# 291908425 - See Xls Reference Doc -on file with IT Dept
Network Coverage: 4/8/2023 Co-Term Expiration
Point of Contact:
Jesus Hernandez
IT Security Manager Information Technology
`esu.ash6(41cc,1lexas.s�..cmi
361-826-3748
Contractor Point of Contact and Signer:
Computer Solutions
David Jones, 210-369-0318
Inside Sales Representative
14410 Wurzbach Parkway, Suite 175
San Antonio, Texas 78216
Page 1 of 1
DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
AIIM\.r11111�r111 �. Bid/Pricing Schedule
Great South Texas Corp dba Computer SIN m
ilio Solutions hIIIIIl01IIIIIIlO�llllllllo� �IlluiNIIION�IIIIOIOIIIIIIN�II��llllm
r 14410 Wurzbach Parkway,Suite 175
San Antonio,Texas 78216 Date Expiration Date
�^ United States CMar ST 9 2022 10:56 PM 04/29/2022
01f".liMr.1ub-t`"Il T www.comsoltx.com
) 7If ly �b-110Ih^1� (P)210-369-0300 Modified Date
1 ! �'�i1 Mar 10,2022 08:14 AM CST
BluSI �E$$.."Ifs IIttM tQ,GY, Quote# .._
1034855 -rev 1 of 1
Description
Cisco Smartnet 2022 Renewal
SalesRep..
Jones, David
(P)210-369-0318
(F)210-369-0389
Customer Contact
Hernandez, Jesus
(P)361-826-3748
jesush6@cctexas.com
Customer Bill To Ship To Contract Programs:DIRCIS4167
City of Corpus Christi(16975) City of Corpus Christi City of Corpus Christi -CISCO DIR-TSO-4167 EXP
Hernandez,Jesus Accounts,Payables 1201 Leopard Street 7/3/22
1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78401 Certifications:WBE/SBE/HUB#
Corpus Christi,TX 78401 Corpus Christi,TX 78401 United States 1942650013800 Exp:04/26/2022
United States United States (P)361-826-3740 Sales Order Type:Drop Ship-
(P)361-826-3740 (P)361-826-4091 Ship to customers location
(F)361-826-4551
Customer PO: Terms: Ship Via:
Net 30 Days FedEx Ground
Special Instructions: Carrier Account M
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lGlali�lllUJu�Ud�i�l�ai �u4 �>f�uRa�t� au�IlUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjllUjlluGl�uualiujlilli(fI�IIURIIIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjIIUjlllluau �u4;1� ���1u4�IhuaiN4ai�auu(ail�� +urt�k� �k+ur �+�t��s�t
1 Cisco CCWR Quote#321876271 -See Xls Reference Doc CISCO-SMARTNET $14,271.33 1 $11,987.92 $11,987.92
UCS/Servers I Coverage:4/9/2022-4/8/2023
Note: DIR-TSO-4167 Cisco 16%Discount(State/Local GOV)
2 Cisco CCWR Quote#291908425-See Xls Reference Doc CISCO-SMARTNET $211,035.36 1 $177,269.70 $177,269.70
Network I Coverage:4/8/2023 Co-Term Expiration
Note: DIR-TSO-4167 Cisco 16%Discount(State/Local GOV)
(1 nlx lins,a flini 4/29/2022 x rdkx bully x±nik�al l:rrldiig rxfffxoclk1 d dick, In Subtotal: $189,257.62
,is cn`gni ndi W I isl I'rIc,x (,I i ui;kq s Tax(.0000%): $0.00
Shipping: $0.00
Total: $189,257.62
(List Price: $225,306.69)
Thank you for the opportunity to provide this quote.
""""We have MOVED,Please note our new Address—
Due to the recent COVID-19 pandemic,component shortages may cause
items to have longer than usual estimated shipping dates.If an item goes on
backorder and the manufacturer increases the cost of the product,the
increased cost will be passed along to our customers.We will alert customers
as soon as we know when a price increases on backordered items.
Subscriptions/Enterprise Agreements Cancellation Policy-Computer
Solutions requires a forty five(45)day written notification from the customer
based on the renewal/anniversary date in order to process the cancellation
with the applicable manufacturer(s).
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DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
Attachment C: Insurance and Bond Requirements
No insurance or bond requirements are required for this service
agreement.
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DocuSign Envelope ID:91 CF99F5-21318-4ADE-93D4-97E787B086D7
Attachment D: Warranty Requirements
No Warranty Requirements are required for this service agreement
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