Loading...
CONTRACT 3990H AmendmentAgreement No. 3990H EIGHTH AMENDMENT TO AGREEMENT NO.3990 BETWEEN THE CITY OF EL SEGUNDO AND EVERBRIDGE, INC. This Eighth Amendment ("Amendment") is entered into this 23'6 day of March, 2020, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and EVERBRIDGE, INC., a Delaware Corporation ("CONTRACTOR"). The parties agree as follows: Pursuant to Section 15.6 of the Service Agreement ("Agreement") between the parties, the Statement of Work is amended to include professional services for the Alert SouthBay application related to the pandemic response. 2. The parties desire to amend the Agreement to increase the total amount of the Agreement by an additional $47,500 for CONTRACTOR's professional services, "EXHIBIT A". 3. Section 13 of the Agreement is amended to add the following: Indemnification for Professional Services. CONTRACTOR will save harmless and indemnify and at CITY's request reimburse reasonable defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all third - party suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONTRACTOR or any of CONTRACTOR's officers, agents, employees, or representatives, in the performance of Professional Services while on CITY premises, except for such loss or damage arising from CITY's sole negligence or willful misconduct. 4. The following section is added to the Agreement: A. Before commencing performance of the professional services under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of nsurancc Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement Agreement No. 3990H B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 O1 06 92, including symbol 1 (Any Auto). E. CONTRACTOR will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." 5. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 6. Except as modified by this Amendment, all other terms and conditions of Agreement No, 3990 remain the same. [Signatures on next page] -2- Agreement No. 3990H IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO Scott M itnicK. City Manager ATTEST: Ira er, lerk APPROVED AS TO FORM: �J for � Mark D. Hensley, 0 r City Attorney -3- EVERBRIDGE, INC. Chief Financial Officer Taxpayer ID No. 26-2919312 EXHIBIT A Agreement No. 3990H /'1` !/1 � "' �N 155 North Lake Avenue, Suite 900 tel: +1-81&230.9700 www.everbfldgexonl , G v G Pasadena. CA 91101 USA fax: +1-818.230-9505 Prepared for: Randal Collins City of El Segundo, CA 350 Main Street El Segundo CA 90245 United States Ph: (310) 524-2366 Fax: Email: rcollins@elsegundo.org Quotation Quote #: Q-43898 Date: 3/22/2020 Expires On: 4/21/2020 Confidential Salesperson: Angela Fish Phone: Email: angela.fish@everbridge.com Contract Summary Information: Contract Period: 12 Months Qty Description Price 190 Consulting Services - Per hour fee (Remotely delivered) USD 47,500-00 Pricing Summary: Price: USD 0.00 Year One Fees, USD 0.00 One-time Implementation and Setup Fees: USD 0.00 Professional Services: USD 47,500.00 Total Year One Fees Due. USD 47,500.00 1. Additional rates apply for all international calls. 2. Quote subject to the terms and conditions of the service agreement, including any amendments, executed between Everbridge, Inc. and the customer listed above. 3. Subject to sales taxes where applicable. 4. Except for currency designation, the supplemental notes below, if any, supplied in this Quote are for informational purposes and not intended to be legally binding or override negotiated language of the Everbridge Inc. Service Agreement. Supplemental Notes: This quote is to provide Professional Services to Alert Southl3ay related to the pandemic response. These hours expire 12 months from time of purchase. Page 1 of 2 0 0 EXHIBIT A Agreement No. 3990H Authorized by Everbridge: Signature: Name (Print): To accept this quote, sign, date and return: Signature: Name (Print): Date: Title: Date: Title: 155 North Lake Avenue, Suite 900 Pasadena, CA 91101 USA Tel: +1-818-230-9700 Fax: +1-818-230-9505 THANK YOU FOR YOUR BUSINESS! Page 2 of 2