HomeMy WebLinkAboutC2018-392 - 8/14/2018 - Approved A,C PS1V1:; Ctl P4b".
SERVICE AGREEMENT NO. 1578
Ur
Utility Bill Printing, Mailing, and Insert Printing Services
1852
THIS Utility Bill Printing, Mailing, and Insert Printing Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Information Management Solutions, L.L.C.
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Utility Bill Printing, Mailing, and Insert
Printing Services in response to Request for Bid/Proposal No. 1578 ("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 Utility Bill Printing, Mailing, and Insert Printing
Services ("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. This Agreement is for 12 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to four additional 12-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$886,886.48, subject to approved extensions and changes. Payment will be made
for Services completed 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.
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:
C 2018-392
8/14/18 Page 1 of 7
M2018-130 117
Information Management
SCANNED
Name: Margaret Morin
Department: Finance Department, Utility Business Office
Phone: (361) 826-3628
Email: MargaretP@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 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
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. Any Services 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.
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(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.
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.
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. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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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 related 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: Margaret Morin
Title: Utility Business Office Manager
Address: 1201 Leopard Street, 1st Floor, Corpus Christi, TX 78401
Phone: (361) 826-3628
Fax: (361) 826-3174
IF TO CONTRACTOR:
Information Management Solutions, L.L.C.
Attn: T. Kelly Dowe
Title: Vice President
Address: 2416 Brockton St. #105, San Antonio, TX 78217
Phone: (210) 826-4994
Fax: (210) 826-2676
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,
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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 Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator 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 Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager 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. 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.
20. 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.
21. 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;
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C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. 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.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. 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.
25. 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.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 12/15/17
CONTRACTOR
121612,1
Signature:
Printed Name:
Thomas Kelly Dowe
Title: Vice President
Date: July 19, 2018
CITY OF CORPUS CHRISTI
Signature: 4�o�-moi,
Printed Name: 16)-4.. B Ar .E E..
Title: 44-, DiYQG Y Io Y Lial S rV tc.eS
Date: S. t(Q . L�3
ATTEST: V-6.-
RE CCC HUERTAAttached and Incorporated byReference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 1578 pp, �
Exhibit 2: Contractor's Bid/Proposal Response I „ in n,«.
SY COUNCIL 1 S
SECRETARY
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 12/15/17
Attachment A: Scope of Work
1. General Requirements
A. The Contractor is responsible for receiving and processing a daily data file transfer,
printing, and folding of bills and inserts, envelope inserting, presorting, metering, and
mailing. Inserts are to be printed directly from industry-standard electronic files (e.g.,
Adobe, Photoshop, Illustrator, InDesign, PDF) on uncoated or coated paper and are
mailed with utility bills.
B. Daily production averages approximately 116,025 monthly bills and 20,845
delinquency monthly bills. A billing schedule will be provided to the Contractor
monthly, which includes but not limited to delinquent notices, E-Bills and
cancel/rebills. Currently, there are 20 billing cycles and 20 delinquent notice cycles
generated daily based upon due date.
C. The Contractor shall provide a high quality, accurate and timely printed bill for the
City's utility customers.
D. The Contractor shall obtain the lowest possible postage costs throughout the
contract term. The Contractor shall provide USPS CASS (US Postal Service Coding
Accuracy Support System) certification and correcting of zip code and delivery
information as necessary prior to printing. Vendor will assume liability of any
penalties assessed for any erroneous bar coding.
2. Scope of Work
A. General Services
1 . The City of Corpus Christi will provide data to the Contractor.
2. The Contractor shall provide security of information and supervision from start
to finish.
3. The Contractor shall house envelopes in a climate-controlled environment
4. The Contractor shall accept electronic data transmissions 24/7.
5. The Contractor shall perform custom programming, to modify the bill format as
requested.
6. The Contractor shall have an emergency backup plan to avoid out-of-service
situations.
7. The Contractor shall provide a web service or a type of Application Program
Interface to allow for the extraction of statements for automation purposes and
displaying content line. This web service or Application Program Interface shall
provide methods to pull individuals statements by bill date and account number
and should allow for the statements to be returned to the client "City of Corpus
Christi" in a file or provide a URL to the statement online. Minimally, 12 months of
Page 1 of 5
statement data should be available via this web service or Application Program
Interface.
B. Daily Transmission of Electronic Data
1. XML files will be provided by the City.
2. Contractor shall provide a secure electronic means for file transmission.
3. The Contractor shall confirm receipt of the file daily by return email to the person
transmitting the file when the file is received.
4. Contractor shall provide a report daily when the file has been processed for
printing. Report will include billing cycles, number of pulled bills, and account
classes. Also included in the report shall be the amount of postage charges for
the billing including number of pieces of mail and postage rate classes.
Parameters may be subject to change.
5. Data may be transmitted by the City in multiple files throughout the day. Files
received by the Contractor prior to noon, local time, should be processed and
mailed the same day.
C. Bill Formatting
The Contractor will provide the following information on each bill:
1. Pro-rated amounts for items such as new rates, partial months, etc.
2. A defined graph to indicate usage in thousands of gallons/millions to reflect for
water services and unit of measurement for gas services, in the form of MCF
(thousands of cubic feet), and irrigation in thousands of gallons.
3. Any payment plan amounts and disputed bill amounts.
4. A designation of current bill, final bill, corrected bill and notice of delinquency.
5. A message center notification area. Messaging will be provided via email with
direct text or attachment containing message.
6. The top portion of bill shall be for customer retention and shall contain billing
information.
7. The bottom shall be perforated to produce a return stub to be returned by
customer with payment.
8. Postal bar codes and OCR A scan line is required.
9. Change of statement notice and delinquency notice design, maximum of two
per year.
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D. Envelope Requirements
The Contractor will provide the following envelopes:
1. Mail out envelopes. The envelopes that will be used to mail the bills. These
envelopes must include the City logo and a return address and envelope must
be windowed.
2. The ancillary endorsement "Return Service Requested" option will be
mandated. The process communicates to the USPS the City of Corpus Christ
expects the USPS to return any mail pieces that require an address change with
the new address information applied to the mail piece. This allows for City of
Corpus Christi to apply the change to their address in the database and re-
process the account.
3. Return envelopes. Return envelopes are included inside the mail out envelope
with the bill to allow customers to return payments. Return envelopes must be
#8 5/8 windowed envelopes. Envelope will also have a "don't forget" message
printed on the backside of the envelope and a sample of this language will be
provided by the City. The glue on the envelope flap must extend from end to
end of the closure flap for proper sealing.
4. Bulk envelopes. Bulk envelopes are used to mail bills to customers such as
apartment complexes who have multiple accounts going to the same address
in a single envelope.
E. Approval of Forms and Envelope Orders
1. The City will approve print stock and envelopes. Any changes during the
contract will require Contract Administrator approval.
2. Bill proofs shall be provided to the Contract Administrator for approval prior to
first printing and at any time a change in format is made.
3. All artwork remains the property of the City of Corpus Christi.
F. Data Processing and Mail Preparation
1 . The Contractor shall selectively exclude bill types from printing (PULL BILLS, EBILL,
CITY, PARK AND STATE USE) and others identified in the file.
2. The Contractor must have or obtain within 90 days Coding Accuracy Support
System (CASS) certification to ensure lowest possible postage costs.
3. Bills going to same mailing address are to be inserted up to three into the
standard mail-out envelope or four or greater for stuffing into one bulk
envelope.
4. All outgoing mail shall conform to postal requirements for automated
processing.
5. Provide the ability for the City to pull bills and delinquent notices, no later than
noon, local time, if needed.
Page 3 of 5
6. Have designated bills, but not limited to, all pulled statements, cancel/rebill
statements, and final statement sent directly to the City before 3:00 PM, instead
of being mailed to the individual customers.
G. Bill Printing
1. Contractor shall utilize high quality print, with a minimum of two colors, preferred
color teal/black to be used, and double sided capability.
2. Contractor shall use a minimum of 20-pound bond paper for bills and inserts.
3. No postcards will be utilized for billing purposes.
H. Insert Printing
The Contractor shall either receive Pre-Printed Inserts from the city of Corpus Christi
for processing with the monthly billing statements to be mailed or as an option to
the City departments, the contractor will receive an electronic version of monthly
inserts to be printed and processed with the monthly billing statements to be
mailed.
1 . If processing pre-printed inserts from the City of Corpus Christi, the contractor
shall fold and insert the pre-printed insert to fit mail out or bulk envelope as
appropriate.
2. When Contractor is requested to print inserts for the City, Contractor must be
able to provide a one or two sided insert, with up to four color imprint options
printing on the front and back of the insert. Inserts shall be folded to fit mail out
or bulk envelope, as appropriate. It, the Contractor prints the inserts, the
processing fee shall be included in the printing cost and shall be waived. Insert
sizes will vary between:
• Small -81/2" x 31/2"
• Medium -81/2 x 51/2"
• Large-81/2 x 11"
I. Utility Bill Folding and Inserting
1 . Contractor shall fold statement to fit mail out or bulk envelope, as appropriate.
2. Contractor's equipment must have multiple page and selective inserting
capabilities.
3. Typical bills include the statement, a return envelope, and up to three
additional inserts.
J. Mailing
1. The Contractor shall process and mail bills received by noon, local time, from
the City the same day they are received.
2. The City of Corpus Christi will provide a monthly postage check to be held by
the Contractor in a postage on hand account and drawn from as needed. The
Contractor will obtain the best possible postage rates for bulk mailing.
Page 4 of 5
3. Contractor shall provide a postage usage report monthly. Usage information
will be utilized by the City of Corpus Christi to adjust the monthly postage check
amount as needed. If at the end of the contract a credit balance is realized,
the City should be reimbursed within 30 business days.
4. Contractor must provide document tracking for all statements.
K. Access to Electronic Bill and Notice Images
1 . Contractor shall provide access for City staff via password secured internet site
to exact replicas of customer bills in PDF format for a period of 12 months.
2. Contractor shall provide search capability based on account number, date
and date range and bill number.
3. Contractor shall have capability to email bill image from the Contractor's site.
4. Contractor shall provide PDF image of each statement processed after mailing
is completed.
L. Invoicing
1 . Contractor shall invoice monthly. Invoicing must include itemized postage for
number daily mail outs and daily postage rates.
2. The Contractor shall only invoice for work completed.
3. The Contractor shall itemize the services provided in accordance with the
contract price sheet.
4. The Contractor shall list the number of bills printed for the period on the invoice.
M. Warranty
The Contractor is responsible for all costs associated with errant printing and mailing
of bills that are at no fault of the City.
3. Post Award
A. Timeline and Implementation
1 . Contractor will work with the Contract Administrator to coordinate between the
City of Corpus Christi Utility Billing Office (UBO) staff members for all
development, formatting bill, XML mapping, testing, to ensure the bill format is
approved by the Contract Administrator.
2. The Contractor shall complete a full implementation within 45 days, upon final
award of the contract.
Page 5 of 5
vsc Attachment B: Bid/Pricing Schedule
w° CITY OF CORPUS CHRISTI
o == I Atml Revised Pricing Form 05/09/2018
•
PURCHASING DIVISION
RFP No. 1578
4,OB OP.E�
1j2 Utility Bill Printing, Mailing, and Insert Printing Services
PAGE 1 OF 1
May 21,2018
DATE: I 16 ,
Information Management Solutions, LLC �
PROPOSER AUTHORIZED SIGNATURE
1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before
completing proposal.
2. Provide your best price for each item.
3. In submitting this proposal, Proposer certifies that:
a. the prices in this proposal have been arrived at independently, without
consultation, communication, or agreement with any other Proposer or
competitor, for the purpose of restricting competition with regard to prices;
b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest
information on file with City's purchasing office, pursuant to the Code of
Ordinances, is current and true.
c. Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
ESTIMATED UNIT TOTAL
ITEM DESCRIPTION QTY UNIT PRICE PRICE
1.0 Implementation 1 LS $o.000 $ 0.00
2.0 Printing and mailing of statements and 1,643,000 EA $0.119 $ 195,517.00
notices
3.0 Printing and Processing of Small Inserts up 913,188 EA $0.018 $ 16,437.38
to four colors
4.0 Printing and Processing of Medium Inserts 913,188 EA $0.027 $ 24,656.08
up to four colors
5.0 Printing and Processing of Large Inserts up 913,188 EA $0.032 $ 29,222.02
to four colors
6.0 City Supplied Pre-Printed Insert Processing 913,188 EA $0.000 $ 0.00
Fee
7.0 Postage price per mailing 1,643,000 EA $0.378 $621,054.00
8.0 Statement and Delinquency Notice 2 EA $0.000 $ 0.00
Design Change (2 per year Maximum)
GRAND TOTAL $ $886,886.48
Attachment C: Insurance and Bond Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property
cancellation, non-renewal, material Damage
change or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Attachment.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
ERRORS & OMMISSIONS $1,000,000 Per Occurrence
$2,000,000 Aggregate
CYBER LIABILITY $1,000,000 Per Occurrence
$2,000,000 Aggregate
Page 1 of 3
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
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Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing - UBO
Customer Utility Billing Services
03/27/2018 sw Risk Management
Bonds are not required for this service.
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Attachment D: Warranty
Section 8. Warranty of this service agreement is null; warranty is not required.
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