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HomeMy WebLinkAboutC2021-329 - 12/14/2021 - ApprovedService Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 SERVICE AGREEMENT NO. 112533 Police Backup Video Storage THIS Police Backup Video Storage Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Area Electronics Systems, Inc., dba DataOn Storage (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Police Backup Video Storage in response to Request for Bid/Proposal No. Sole Source 112533 (“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 Police Backup Video Storage (“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 five years 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. 3.Compensation and Payment. This Agreement is for an amount not to exceed $225,354.00, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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: Sam Bhakta IT Department Phone: 361-826-3094 samitb@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 may be added to Attachment C, and such content is incorporated here in this DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 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: Sam Bhakta System Administrator 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3094 Fax: n/a IF TO CONTRACTOR: Area Electronics Systems, Inc., dba DataOn Storage Attn: Howard Lo VP Sales and Marketing 1247 N. Lakeview Ave., Suite C, Anaheim, CA 92807 Phone: 714-993-0300 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Fax: 714-386-6125 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. DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Assistant Director of Finance - Procurement Date: _________________________ Attached and Incorporated by Reference: 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. Sole Source 112533 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48 Vice President 11/29/2021 Howard Lo DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F 12-14-2021 Res. 032631___________________Authorized By Council ________________________ 12/15/2021 ATTEST: _____________________________ Rebecca Huerta City Secretary ATTACHMENT A: SCOPE OF WORK PROJECT NAME: Public Safety Colocation Storage PROJECT ADDRESS: City of Corpus Christi IT Department, 1201 Leopard Street, IT Basement, Corpus Christi, TX 78401 DESCRIPTION: This proposed solution is necessary to backup all video data, in-car dash, police body, city surveillance, City Detention Center cameras and forensic data from the Digital Information Management System. Scope of Work: A. The Contractor will provide and deliver to the IT Department Point of Contact, (4)DataON S2D-6208 Ready Node servers w/ 4 DNS-4760 Storage Enclosures. B.The Contractor will provide Hardware installation for the following: Quantity Part Number Description 4 S2D-6208 DataON™ S2D-6208 2U 8 x 2.5" All-NVMe HCI Ready Node 4 DNS-4760 DataON™ DNS-4760 4U 60 x 3.5" 12G SAS JBOD Enclosure 8 CB-8644- 8644-3M 3M 8644-to-8644 Mini-SAS HD Cable 1 WNTY-5YR- WW 5 Years DataON™ Advanced Replacement Warranty & Support C.The Contractor will provide hardware support for listed hardware which includes all power supplies, or any other items that are related to hardware in this support. D.The Contractor will replace any failed parts after a support call is done and it is determined that the part has failed. E.The Contractor will provide NBD (Next Business Day) replacement on hardware. F.The Contractor will provide hardware support via email, WebEx, and phone support with five years support. Support seven days a week, 24 hours. Page 1 of 2 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F IT Point of Contact Sam Bhakta 1201 Leopard St. Corpus Christi, TX 78401 Office 361-826-3094, samitb@cctexas.com Vendor Point of Contact Howard Lo VP Sales and Marketing Cell +1949-505-2218 Page 2 of 2 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Quote#:103175-1 DEVA© 2017-21 Rev1.00 Quotation Customer:The City of Corpus Christi (TX) Contact:Sam Bhakta Quote Date: 10/26/2021 Valid Thru: 12/31/2021 Phone:(361) 826-3094 Phone:(714)-993-0300 Email:SamitB@cctexas.com Fax:(714)-386-6125 Payment Terms Net 30 Day with Credit Approval Project/Codename:New 4 Node HCI-6668 Validated Solution for P.D. (Colo) Qty Part#MSRP 4 S2D-6208 1 MUST 8 CPU-XEON-4309Y 16 MMD4-32G-3200 8 M.2-DATAON-480 16 SSD-IN-P4610-32 (U.2) 4 CT-LSI-9500-16E 8 NC-MCX516A-CCAT 8 CB-MCP1600-C003 Note: Microsoft Windows Server Licenses Not Included Salesperson Shipping Method Ben Milbourne FedEx LTL Freight I/O Adapters Part A - Compute Platform DataON™ S2D-6208 2U 8 x 2.5" All-NVMe HCI Ready Node DataON® MUST™ - Management Utility Software Tools Intel® DC P4610™ NVMe 3.2TB 2.5" SSD; Read/Write Cache Tier - - Form factor: 2U Rack Server, 17.56" (W) x 30.32" (D) x 3.43" (H) Supports Dual Intel Xeon® Scalable™ Gen 3 Processor Series & (32) DDR4 DIMM Drive Bay: (8) NVMe/SAS/SATA 2.5" Hot-swappable PCIe 4.0 Slot: (6) x8 & (2) x16 Onboard NIC: (2) Built-In 10GbE RJ45 via OCP 3.0 Mezzanine Node Configuration Storage Configuration Part B - SMB3 RDMA/RoCEv2 Network Bundle DataON™ is a Div. of Area Electronics Systems Network Interface Card Intel® Xeon® Scalable Gen.3 Silver 4309Y 2.8 GHz, 8-Core, 12MB Cache Samsung® 32GB DDR4 3200MHz ECC-Register RDIMM DataON™ 480GB SATA III M.2 2280 Boot Drive For OS - NVIDIA|Mellanox® ConnectX-5 EN Dual Port QSFP28 100GbE RDMA Card, PCIe3.0 x16 - 1247 N Lakeview Ave, Suite C, Anaheim CA 92807 | Email: dataon_sales@dataonstorage.com | Tel: +1.888.726.8588 - - - - Description 1300W (1+1) 110V hot-swappable redundant PSU with NEMA 5-15 Power Cords Intel® Advanced System Management Key 3M NVIDIA|Mellanox® LinkX™ Passive Copper cable, ETH 100GbE, 100Gb/s, QSFP, 28 AWG - - - Broadcom|LSI® 9500-16e PCI-e 4.0 x8 16-Port External Tri-Mode HBA - Continue On Next Page 1/2 Attachment B: Bid/Pricing ScheduleDocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Quote#:103175-1 DEVA© 2017-21 Rev1.00 Qty Part#MSRP 4 DNS-4760 8 CB-8644-8644-3M 144 HD-HI-0F31002 (14T 3.5) Note: The Selected Enclosure(s) Only Work On 200-240V Part A+B+C:195,960.00$ -$ 1 WNTY-5YR-WW 29,394.00$ -$ Part D:29,394.00$ Solution Overview:Sales Tax Not Included Total:225,354.00$ 64 CPU Cores Total 128 GB RAM - Per Node Shipping, Handling and Insurance:-$ (4)Cache Drive - Per Node - 0 SSD - Per Node Sales Tax: (36)HDD - Per Node Resiliency Mirror-Accelerated Parity - S2D - Hybrid Only Grand Total:225,354.00$ 882.0 TB - Usable Storage Total 0%SSD/HDD Ratio -Gb/s RDMA Network PO#: Special Notice: Warranty and Support Terms: 24/7 service and hardware support Standard business hours: 7am – 6pm PST, Monday- Friday Web Form: submit an e-support request form at dataonstorage.com/support For phone support, call: +1-800-680-9305 For e-mail support, contact: DataON_support@dataonstorage.com Email To Sales Rep:benm@dataonstorage.com DataON™ is a Div. of Area Electronics Systems Part D - Warranty & Professional Services Part C - External Storage Enclosure Controller Card Storage Configuration Operating System/Special Item 1247 N Lakeview Ave, Suite C, Anaheim CA 92807 | Email: dataon_sales@dataonstorage.com | Tel: +1.888.726.8588 - 5 Years DataON™ Advanced Replacement Warranty & Support - Dual Hot-pluggable 12G SAS I/O Controller Module SAS Connector: (6) 8644 Mini-SAS HD per IOM - - 3M 8644-to-8644 Mini-SAS HD Cable - HGST Ultrastar® DC HC530 14TB 3.5" 7200RPM 12G SAS Enterprise Nearline HDD Description Dual (1+1) 1600W Redundant Power Supply - Platinum, 200/240V AC, C13-C14 Power Cords Form factor: 4U Rack Mount, 17.61"(W) x 6.89"(H) x 28.03"(D) Drive Bay: (60) SAS 3.5" Hot-swappable by Drop-down Installation Supports Up To (24) SAS SSD DataON™ DNS-4760 4U 60 x 3.5" 12G SAS JBOD Enclosure - New! ______________________________ Authorized Signature Date Statement of Conditions: 1.The information in this document is believed to be accurate. However, DataON assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. DataON is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. 2. DataON may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. 3. All information supplied for the purpose of this proposal is to be considered CONFIDENTIAL information belonging to DataON. 2/2 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.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. 2.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 COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 3.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. B.ADDITIONAL REQUIREMENTS 1.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 Page 1 of 3 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.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. 3.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 4. 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of 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. 6.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. Page 2 of 3 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F 7.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. 8.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. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts – Hardware Installation 05/10/2021 Risk Management – Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F Attachment D: Warranty Requirements There is no warranty requirements for this service agreement. Page 1 of 1 DocuSign Envelope ID: 37448C47-D7F1-48C6-9D59-72864C617D48DocuSign Envelope ID: BC8F48A9-4F41-40A4-918F-4BDAF3C7345F