HomeMy WebLinkAboutContract 47657 CITY SECRETANt
CONTRACT NO. I h� j
TexasNorth Commercial
I I I Exchange
,
{ • • lie • Sim as
3/22/2016 Jonathan Dudley DFW Tarrant County 6
BILLING START DATE Unless otherwise stated in a supplemental addendum,billing start date will be based on Xceligents
acceptance/execution of this agreement.
CONTACTSUBSCRIBER •R •N BILLING CONTACT INFORMATION
Company Name: City of Fort Worth Company Name:
Contact Person: Jean Petr Contact Person:
Email Address: jean.petr@fortworthtexas.gov Email Address:
Web Address: Web Address:
Street Address: 900 Monroe Street, Suite 404 Street Address:
City,State,Zip: Ft. Worth,TX 76102 City,State,Zip:
Phone: 817-392-8367 Phone:
Fax: I Fax:
IDENTIFICATION INFORMATION:At least one form of ID info required prior to service activation
Federal Tax ID: 75-6000528 Drivers License#: I State:
PRODUCTS •
®CDX Pro ;CDX Pro: $400
Xceligent Direct(❑ Market/❑ Company) eligent Direct:
Seat# Monthly Price Extended RateSubscriber Type Number Monthly Amount
1 $800 Brokers/Agents/Users 1 $800
Admin
Xceligent Direct
$800 Total Monthly Rate>> $800
®An addendum has been made a part of this agreement.
SUBSCRIBER PAYMENT METHOD
Credit Card ACH(Bank Draft) Invoice:
❑Monthly ❑Quarterly ❑Monthly ❑Quarterly ®semi-Annual if a member opts to pay for service via invoice,
❑Semi-Annual ❑Annual []Semi-Annual ❑Annual ❑Annual only semi-annual and annual options are available.
Note that payment must be received before
Credit Card/Bank info on separate page. system access will be provided.
Other terms and conditions of the CDX Service are set forth on the following pages of this Agreement. If the Subscriber is an entity,the
undersigned represents that he or she is a duly authorized representative of the entity.
NTCDX C nt NTCAR
Signature: +– Signature:
`n/Name(Pri Name(Print): Brian Jetty
T r Title: AW
Title: CEO
Date: --�,3(- 7 Date:
Xceligent
By: Title:
Name(Print): Date:
If signing on behalf of an entity, I represent that 1 am a duly authorized representative of the entity shown under "Company Name." If I am representing a
corporation,I acknowledge that the execution of this agreement has been authorized by all necessary corporate actions.
North Texas Commercial Data Exchange, Inc.,a Texas corporation("NTCDX")has entered into an agreement(the"Vendor Agreement')with Xceligent, Inc.,a Missouri
corporation("Xceligent"),under which Xceligent will host the CDX.a commercial real estate data exchange system for NTCDX and its Members. Xceligent is a third-party
beneficiary to this NTCDX Member Agreement(this"Agreement"). The Monthly Subscription Fee set forth above is payable in advance(beginning on the Service Start
Date),is due at time of billing,and may be changed by NTCDX after the initial term of this Agreement. Xceligent,on behalf of NTCDX,will directly bill Member for all of its
Subscribers. NTCDX and Xceligent may suspend a Member's access to the CDX Service if Member does not pay any Subscription Fees when they are due.
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2016 Jonathan Dudley DFW Tarrant County 6
TART DATEQfil6s otherwise stated ji ;a sUpplgmental.addendufti,t)f)(�ng start datewlll be itased on Xceligent's
aceptance/executionof,thts agieoment '•,
o a• e e a •
CompanName; City of Fort Worth Company Name:
Contact Person: lean Pett- Contact Person:
EmailAddress: jeari.petr@fortworthtexas.gov _ EmallAddress:
Web Address: Web Address;
Street Address: 900 Monroe Street,Suite 404 Street Address:
City!State,Zip: Ft.Worth,TX 76102 city,State,zip;
Phone; 817-392-8367 Phone:
Fax Fax:
_ 1t?>xNTtFiGAIit�N.:(IPA1tl1i�AT�LN Ai feastn.`n�foXr) af►(?:;Iiif.Q SOL—
Federal
e yattort` A
Federal Tax ID: 75-6000528 Drivers License d: Siete:
CDX Pro CDX Pro! $400
"Se
irect( Market/ Company) Xceligent Direct:at# Monthtyl?ri.Ce �: Eictended:Rate, SubstriberType:' . . IVUfi�erbtitryl -A►7op t
1 $800 Brokers/Agents/Users 1 $800
Admin
Xcelf ent Direct
_ $800 Total Monthly Rate>> $800
An addendum has been made a part of this agreement,
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Month) Quarter Month) Quarter) saml-Annual If a member opts to pay for service via Invoice,
Semi-Annual []Annual Seml•Annuai Annual Annual only semi-annual and annual options are available.
Note that payment must be received before
Credit Card/Benin Into on separate page, system access will be provided.
Other terms and conditions of the CDX Service are set forth on tate following pages of this Agreement. If the Subscriber Is an ontlty,the
undersl ned represents that he or she Is a duly authorized re resentative of the entity,
0 C,..nt NTCAR
i=,kSl�'i)'aki�r>?a�sf- ..r Signature:
Name(Pit Y. ;9./ZS ___ Name(Print): Brian d t
Tble: A6�S✓C, Tole: CIEs
Date: ry —�`� Date;
Xceii ent
ay: Trues: S,Ao tAsj r• ,S6eA--rW Ry
Name(Pdnt): Cy c.4 N�r 6r i cri Date;
If signing on bohdif of in snlily,t represent that I am a duly authorized representative of the entity shown under"Company Nome," If I-am representing a
corporation,I acknowledge that the execution of this agreement has been authorized by all necessary corporate actions.
North Texas Commercial Dela Exchange,Inc.,a Texas corporation("NTCDX')hag entered into an agreement(the"Vendor Agreement")with Xcekgent,Inc.,a Missouri
corporation("Xceligeal"),)aider which Xcetlgent will host the CDX,a commercial real aslate data exchange system for NTCDX and He Members. 'Xceligent is a dnrd-party,
beneficiary to INs NTCDX Member Agreement(Mita"Agreement'). The Monthly Subscription Fee set forth above Is payable fn advance(beglnnbig on Ole Service Start
Date),Is due at Ume of Wuing,and may be changed by NTCDX after the initial term of gds Agreement. Xceilgerd,on behalf of NTCDX,will directly bill Member for in of Its
aubserlbeis. NTCDX and Xceilgent may suspend a Members access to the CDX Bonitos](Member does not pay any SubsodpUon Fees when they are dao.
North Texas Commercial Data Exchange (NTCDX)
Xceligent Contract
ATTEST:
Mary Kayser yr° °"�
City Secretar � ��
APPROVED AS TO FORM AND LEGALITY:
1
By:_
Jessica Sang a g
Assistant Citi Attorney
Form 1295 Certification No. N/A
CONTRACT AUTHORIZATION:
M&C: N/A
Date Approved: N/A
North Texas Commercial Data Exchange (NTCDX)Xceligent Contract - City of Fort Worth Signature Page
TERMS AND CONDITIONS —The Terms and Conditions are incorporated herein, and subscriber acknowledges that they have been given the opportunity to read,
understand and agree to the Terms and Conditions and agree to be bound there by.
The Subscription Fee for Access to the CDX Services may be changed from time to time during any extension of the Term of this Subscriber Agreement,provided that
the Monthly Subscription Fee for the initial Term of this Subscriber Agreement is set forth in the fee structure section of this document. Xceligent will provide
written notice to the subscriber a minimum of 60 days in advance of any adjustment to the monthly subscription fee. The Subscription Fee,
as set in the fee structure section of this document, is incurred in advance, and is due at time of billing. Xceligent will directly bill each Subscriber for all of its
Subscribers.Xceligent reserves the right to immediately suspend access to the CDX services,without notice to Subscriber,for Subscribers having outstanding Monthly
Subscription Fee due to Xceligent.
13 All parties hereto agree that facsimile signatures shall be binding and as effective as originals.
2' Access Code:The log in code and password combination assigned to each Subscriber allowing access to the CDX Service.
2 CDX(Commercial Data Exchange):The CDX Application and the Database Content that is available as part of the CDX Service.
CDX Application:Xceligent's proprietary software application used to provide the CDX Service,
24 CDX Service: Xceligent's standard web-based commercial real estate service offered by NTCDX through Xceligent that provides Members a means to profile
commercial real estate property,listing and transaction information and exchange such information with other Members.
2 s Database Content:Compilation of commercial real estate property listings,transaction information and images entered into the CDX.
2.5 Derivative Works:Reports produced utilizing compilations of Database Content for sale to third parties.
2- Subscribers: Those designees of Members with Access Codes registered to access the CDX,as set forth on the CDX web site.
3.1 The following personnel associated with Member are required to be Subscribers: (a)all licensed real estate professionals engaged in the sale or lease of commercial
real estate; (b)all property managers who have access to the CDX Service, (c)all personnel associated with an Affiliate Member who are issued an Access Code by
NTCDX(the term"Affiliate Member"is defined on the CDX web site),and,(d)within the offices of owners and developers,all real estate professionals engaged in the
sale or lease of real estate,regardless of whether they hold real estate licenses.
32 ASSOCIATION MEMBERSHIP REQUIREMENT:TO ACCESS NTCDX AS A SUBSCRIBER YOU MUST HOLD AND MAINTAIN MEMBERSHIP WITH THE NORTH TEXAS
COMMERCIAL ASSOCIATION OF REAL ESTATE PROFESSIONALS, INC., OR NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS, INC. IF ANY
LICENSED ASSOCIATES WHO ARE SUBSCRIBERS, EITHER BILLABLE OR NON-BILLABLE, UNDER CONTRACT TO NTCDX FAIL TO ESTABLISH OR
MAINTAIN MEMBERSHIP IN EITHER OF THE ABOVE REFERENCED ASSOCIATIONS DURING THE TERM OF THIS AGREEMENT,SUBSCRIBING COMPANY'S
ACCESS TO NTCDX WILL BE INTERRUPTED UNTIL SUCH MEMBERSHIP(S)ARE MADE ACTIVE.
3. Member shall,in addition to paying its Subscription Fees,pay all sales taxes,use fees,excise fees,tariff and any other charges by governments or third parties related
to its use of the CDX Service,excluding those based upon NTCDX's or Xceligent's net income.
4 Late payments will accrue interest at 1%%per month (or, if lesser,the maximum rate permissible by law)measured from the date the amount was due until the date
such amount is paid by Member. If NTCDX commences collection proceedings to recover past due amounts,Member shall pay all reasonable collection costs incurred,
including reasonable attorney's fees.
NTCDX, or Xceligent on NTCDX's behalf, may audit Subscriber's number of licensed agents as recorded with local and/or state agencies in Subscriber's state of
organization(but no more than 2 times in any calendar year)to determine if Subscriber's billable users count is accurate. In the event that a discrepancy is identified,
the billable user count shall be adjusted to account for no less than all licensed agents that are party to the listing agreement(s)held by Subscriber's company and/or
actively conducting commercial real estate business. .
The Term of this Agreement shall commence on the Billing Start Date and shall remain in effect for a period no less than stated on page 1
of this Subscriber Agreement. . IF NOT OTHERWISE TERMINATED AS HEREIN PROVIDED, THIS AGREEMENT SHALL
AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR PERIODS FOLLOWING THE END OF THE INITIAL TERM. EITHER Initials: ✓�
PARTY MAY TERMINATE THIS AGREEMENT WITH WRITTEN NOTICE SIXTY(60)DAYS PRIOR TO THE END OF THE CURRENT
TERM. RENEWAL DATE IS SPECIFIED ON PAGE ONE OF THIS AGREEMENT. NTCDX may terminate this Agreement if the Vendor Agreement expires or is
terminated or if Xceligent requests that Member's access to the CDX Service be terminated due to a violation by Member of any duty owed by Member under this
Agreement.
4 Upon notice identifying any breach of this Agreement and requesting correction thereof,the breaching party will have the opportunity to cure such breach as provided on
the CDX web site. The cure period will not apply to any violation by Subscriber of the confidentiality provisions on the CDX Service web site or any infringement by
Subscriber of proprietary rights of Xceligent or any other Subscriber,which breaches shall be cause for immediate termination of this Agreement.Xceligent or such other
Subscriber will be entitled to injunctive relief for any such breach,in addition to any remedies available at law,including the recovery of damages.
4 3 Upon the expiration or termination of this Agreement:(a)all rights granted to Member under this Agreement will cease,except the following Sections of this Agreement
will survive:3,4.3,7,8,9,10,11.1,11.3,11.4,11.5 and 11.6;and(b)Member shall immediately pay all amounts owed under this Agreement.
Xceligent will give an Access Code to each Subscriber. Member shall comply with all NTCDX and Xceligent security procedures to maximize the security of the CDX
Service,including prevention of sharing Access Codes and unauthorized access to the CDX Service.
s 2 Xceligent may from time to time change,update or enhance the CDX Service,by posting a notice of the change on the CDX web site.
Member is solely responsible for acquiring and installing all equipment,hardware,software(including web browser software),telecommunications lines, Internet access
connections and other items(the"Access Systems")necessary to use the CDX Service.
Member agrees not to compete with Xceligent in the development and marketing of a software or database application that will offer a computerized data service for
commercial real estate during the term of this Agreement.
The CDX Service may sometimes be unavailable for routine maintenance or extraordinary circumstances. Member's sole remedy for service outages will be a prorated
credit on the next Monthly Subscription Fee,only for outages that occur during normal operating hours for the CDX Service in excess of 2 hours in a calendar month.
Member will be solely responsible for the accuracy and completeness of the Database Content submitted by or on its behalf. Member represents that it has the right to
grant to NTCDX and Xceligent the rights set forth in this Agreement and the rights in the Database Content submitted by Member and its Subscribers and that no
submission will violate the rights of any third party,whether those rights arise by contract or otherwise. Member may not submit any image to the CDX if Member has
granted exclusive rights to the image to a third party,nor may Member submit any image to the CDX and thereafter grant exclusive rights to the image to a third party.
Member may not submit any image obtained from the CDX to a third party if a requirement of submitting the image is the granting of exclusive rights to the image.
Either NTCDX or Xceligent may reject or refuse to use,distribute or display any Database Content that it considers to be defective, libelous,inaccurate, incomplete or
the proprietary property of a third party. Neither Member nor any Subscriber may submit any property descriptions,photographs,images,financial,transactional,tenant,
contact or other information to the CDX unless Member has legal rights to publish,advertise and distribute that information.
2 Member hereby grants to NTCDX and Xceligent a non-exclusive license to develop,use,display,distribute and sell Derivative Works utilizing Database Content entered
into the CDX by or on behalf of Member and Member's Subscribers.
3 Member shall enter Database Content in the format specified by Xceligent. If an error in the Database Content or in any information contained in the CDX is caused by
NTCDX and/or Xceligent, Member's sole remedy will be the correction of the error after notice to NTCDX. Member shall ensure that the information it and its
Subscribers transmit complies with all applicable laws and regulations,the CDX Users Guide and CDX web site and that no submission will violate the right of any third
party,whether those rights arise by contract or otherwise. NTCDX or Xceligent may modify or suspend access to the CDX Services(a)as necessary to comply with any
law or regulation as reasonably determined by NTCDX or Xceligent, (b)to comply with any court order or instruction or(c)if deemed reasonably necessary by NTCDX
or Xceligent to prevent substantial harm to NTCDX or Xceligent or their businesses. Member agrees to comply with the confidentiality and proprietary rights provisions
contained on the CDX Service web site.
S i Member represents that neither the execution of this Agreement nor its performance of its obligations violates any agreement to which it is a party or by which it is
bound,and Member will comply with all applicable laws,rules and regulations.
e z EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,NTCDX AND XCELIGENT DISCLAIM ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES
PROVIDED,WHETHER EXPRESSED OR IMPLIED,ARISING BY LAW,CUSTOM,ORAL OR WRITTEN STATEMENTS OR OTHERWISE,INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-
INFRINGEMENT,FREEDOM OF INTERFERENCE WITH ENJOYMENT,MERCHANTABILITY,QUALITY,ACCURACY,COMPLETENESS,FITNESS OF RESULTING WORK PRODUCT AND FITNESS FOR A
PARTICULAR PURPOSE OR THAT THE CDX APPLICATION OR THE CDX WILL GENERATE CERTAIN RESULTS,WORK IN COMBINATION WITH OTHER COMPONENTS OR
AS AN INTEGRATED SYSTEM OR WILL FULFILL ANY MEMBER'S PARTICULAR NEEDS.
ACCESS BY MEMBER AND MEMBER'S SUBSCRIBERS TO DATABASE CONTENT AND MODIFICATIONS OR ADDITIONS THERETO AND RELATED DOCUMENTATION,REGARDLESS
OF FORM,IS PROVIDED"AS Is"AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,PERFORMANCE,ACCURACY AND EFFORT IS WITH MEMBER.
Member shall indemnify NTCDX and Xceligent and their directors, officers, employees and affiliates (collectively, the "Covered Entities") and defend and hold
harmless the Covered Entities from and against any and all losses,damages,expenses and liabilities suffered by any of them or to which any of them become subject,
resulting from,arising out of or relating to: (1)any claim, action or demand with respect to the business, resources, technology or services of Member(including the
Database Content of Member) for: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, pornography or
violation of the rights of privacy or publicity,or(c)spamming or any other offensive,harassing or illegal conduct or violation of the acceptable use guidelines of the CDX
;
or(2)the business, resources or services of Member(including the Database Content of Member). Member shall not enter into any settlement that adversely affects
NTCDX's or Xceligent's rights or interests without first obtaining the prior written consent of NTCDX and Xceligent,as applicable.
.11 NTCDX's and Xceligent's liability under this Agreement will not exceed,in the aggregate,the Monthly Subscription Fees paid by Member pursuant to this Agreement for
the three-month period preceding the date of the action or omission giving rise to Member's claim.
u z NTCDX and Xceligent will not be liable for delays Or failure in performance where the delay or failure is due to an event beyond NTCDX's or Xceligent's control,
including acts of God,war,terrorism,civil disturbance,disruption of Internet service or otherwise.
o s NTCDX AND XCELIGENT WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR
REVENUES, LOST DATA, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations of liability set forth in this Agreement are independent and will survive any failure of any remedy.
ii, Member may not assign this Agreement without NTCDX's prior written consent. Member may not resell or distribute any Database Content, except as allowed under
this Agreement,without NTCDX's and Xceligent's written consent.
r z This Agreement may not be amended or modified except in a written document signed by an authorized representative of both parties,except NTCDX may change the
CDX Users Guide,introductory screens and the terms on the CDX web site from time to time. Member will be deemed to have agreed to those changes if Member or its
Subscribers continue to use the CDX after the changes.
„s All notices relating to this Agreement must be in writing and either delivered personally,mailed(first class mail,postage paid)certified mail,return receipt requested),by
overnight courier or transmitted by facsimile to the addresses set forth herein or to such other address as any party may substitute by written notice to the other.
114 This Agreement will be governed by and construed in accordance with the laws of the state of Texas. If any provision of this Agreement is for any reason held
unenforceable or invalid,then this Agreement shall be construed as if such provision were not contained herein.
115 The parties to this Agreement are independent contractors. No party has any right or authority to act on behalf of any other party.
6 This Agreement,the CDX User's Guide and the CDX web site constitute the entire agreement,and supersedes all prior agreements,between the parties with respect to
the subject matter hereof. In the event of a conflict between the terms of this Agreement and any other source, the provisions of this Agreement shall control. No
representations other than those in this Agreement have been made by any party. Neither party may disclose the terms and conditions of this Agreement except to
persons with a need to know.
Subscriber Addendum Special Conditions & Notes
1. This is a 6-month agreement only. The City of Ft. Worth agrees to pay the flat rate of $800 per month,
along with setup fee, and will be provided access to the CDX for up to 5 individuals. Start Date will be
March 22, 2016. This rate will be reviewed at the end of the initial 6 month agreement and a standard 12
month agreement will be proposed at market rates. Billing rate of $800 per month will be prorated based
on initial date of activation of CDX services.
2. Paragraph 4.1 will have the first two sentences removed.
3. The last sentence in paragraph 7.3 is omitted and replaced with the following: "Member agrees to comply
with the proprietary rights provisions contained on the CDX Service web site to the extent the provisions
do not conflict with Texas law".
4. Section 9 INDEMNITIES including paragraph 9.1 is omitted from this agreement.
5. Paragraph 10.1 is replaced in its entirety with the following:
"10.1 NTCDX's and Xceligent's liability under this Agreement will not exceed, in the aggregate, three
times the Monthly Subscription Fees paid by Member pursuant to the Agreement for the three month
period preceding the date of the action or omission giving rise to Member's claim."
6. Paragraph 11.1 is replaced in its entirety with the following:
11.1 Both Parties may not assign this Agreement without the other party's prior written consent. Member
may not resell or distribute any Database Content, except as allowed under this Agreement, without
NTCDX's and Xceligent's written consent."
7. Riaht to Audit
Xceligent agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of the Xceligent involving transactions relating to this Agreement at no
additional cost to the City. Xceligent agrees that the City shall have access during normal working hours
to all necessary Xceligent facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. The City shall give Xceligent not less
than 10 days written notice of any intended audits.
8. Governmental Powers
It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any
of its governmental powers.
9. Fiscal Fundina Out
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any
payments due hereunder, the City will notify Xceligent of such occurrence and this Agreement shall
terminate on the last day of the fiscal period for which appropriations were received without penalty or
expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed
upon for which funds have been appropriated.
io. INSURANCE.
10.1 Xceligent shall carry the following insurance coverage with a company that is licensed to do
business in Texas or otherwise approved by the City:
1. Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and
$1,000,000 aggregate limit.
2. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the
amount required by statute.
3. Technology Liability (Errors & Omissions)
a. Combined limit of not less than $2,000,000 per occurrence; $4million aggregate or
b. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and
Umbrella Coverage in the amount of$4,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage for personal and
advertising injury. The policy will reduce the aggregate limit of insurance when making defense
and supplementary payments.
(a) Coverage shall include, but not be limited to, the following:
(i) Failure to prevent unauthorized access
(ii) Unauthorized disclosure of information
(iii) Implantation of malicious code or computer virus
(iv) Fraud, Dishonest or Intentional Acts with final adjudication language subject to the
terms, conditions, and exclusions of the policy
(v) Intellectual Property Infringement coverage, specifically including coverage for
intellectual property infringement claims and for indemnification and legal defense of
any claims of intellectual property infringement, including infringement of patent,
copyright, trade mark or trade secret, brought against the City for use of Deliverables,
Software or Services provided by Xceligent under this Agreement.
Technology coverage may be provided through an endorsement to the Commercial General
Liability (CGL) policy, a separate policy specific to Technology E&O, or an umbrella policy
that picks up coverage after primary coverage is exhausted. Either is acceptable if coverage
meets all other requirements. Technology coverage shall be written to indicate that legal
costs and fees are considered outside of the policy limits and shall not erode limits of liability.
Any deductible will be the sole responsibility of the Xceligent. Coverage shall be claims-
made, with a retroactive or prior acts date that is on or before the effective date of this
Agreement. Coverage shall be maintained for the duration of the contractual agreement and
for two (2) years following completion of services provided. An annual certificate of
insurance, or a full copy of the policy if requested, shall be submitted to the City to evidence
coverage.
4. Any other insurance as reasonably requested by City.
10.2 General Insurance Requirements:
1. All applicable policies shall name the City as an additional insured thereon, as its interests
may appear if required by contract. The term City shall include its employees, officers,
officials, agents, and volunteers in respect to the contracted services. All applicable policies
shall name the City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
2. E & O policy - There is coverage for additional insureds, if required by contract, but only for
the wrongful acts of the Insured. Additional Insureds are not named on the policy.
3. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)
in favor of the City of Fort Worth.
4. Ten (10) days' notice shall be acceptable in the event of non-payment of premium to the first
named insured.
5. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A-VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of
Risk Management. If the rating is below that required, written approval of Risk Management
is required.
6. Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
7. Certificates of Insurance evidencing that the Xceligent has obtained all required insurance
shall be delivered to and approved by the City's Risk Management Division prior to execution
of this Agreement.
SUBSCRIBER XCEUGENT,Inc.
By: By:
Name(Print): Name(Print):
Title: Title:
Date: (p . �� Date:
- 3S` `"`SY"]
i
1
City shall include its employees, officers, officials, agents, and volunteers in respect to the
contracted.services. I I
2. E & O policy: There is coverage for additional insureds, if required by contract, but only for I
the wrongful acts of the Insured. Additional Insureds are not named on the.policy,
3. The workers' compensation policy shall. include a Waiver of Subrogatlon (Right of Recovery)
in favor of the City of Fort Worth,
4. Ten (10) days' notice shall be acceptable in the event of non-payment of premium to the first
named insured,
5. The insurers for all policies must be licensed and/or approved to do business In the State of
Texas. All insurers must have a minimum rating of A-VII in'the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of
Risk Management. If the rating is below that required, written approval of Risk Management i
is required. ,
6. Any failure on the part of the City to request required Insurance documentation shall not
constitute a waiver of the insurance requirement.
7, Certificates of Insurance evidencing that the Xceligent has obtained all required Insurance
shall be delivered to and approved by the City's Risk Management Division prior to execution
of this Agreement.
i
i
SUBSCRIBER XCELIGENT,Inc.
Name(PrinQ: Name(Print): (g`� V-L,c�
Title: e Title:
Date: — . 76 Date;
North Commercial Data Exchange (NTCDX)
Subscriber Users--
Company Name: City of Ft.Worth Date: 3/22/2016
Metro: DFW
Please
check if Name -DAddress
REALTOR@ (if applicable)
Jean Petr 817.392.8367 jean.petr@fortworthtexas.gov
❑ Lester England 817.392.8053 lester.england@fortworthtexas.gov
❑ Mark Brown 817.392.5197 mark.brown@fortworthtexas.gov
❑ Alma Rodriguez 817.392.2592 alma.rodriguez@fortworthtexas.gov
❑ Deanna Cody 817.392.8379 dean na.tate@fortworthtexas.gov
El
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Other Cornipano