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HomeMy WebLinkAboutTelvue Corporation Oshkosh Media Master Control Video SystemiW PROFESSIONAL SERVICES AGREEMENT OSHKOSH MEDIA MASTER CONTROL VIDEO SYSTEM FOR CITY OF OSHKOSH THIS AGREEMENT, made on the 11TH day of APRIL, 2018 by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and TELVUE CORPORATION, 16000 HORIZON WAY, SUITE 100, MT. LAUREL, NJ, 08054, hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Professional Services Proposal dated 4/3/18, and attached hereto as Exhibit A. In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: (JAKE TIMM, OPERATIONS COORDINATOR, OSHKOSH MEDIA) SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional Services Proposal. CITY may make or approve changes within the general Scope of Services contained within the Professional Services Proposal and in this AGREEMENT. If such changes affect CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us RECORDS AND INSTRUMENTS OF SERVICE All reports, drawings, software, data, computer files, and other materials, documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. Any document related to this agreement, whether in electronic or paper form, is considered a public record and shall be provided to the City upon request. The CONSULTANT may provide the City with an explanation of why they believe any document should not be released to the public. The City shall make all final determinations regarding the existence or release of any document related to this agreement. TERM AND TERMINATION A. Term. The work to be performed under this contract shall commence as soon as possible upon execution and be completed no later than June 1, 2018. B. Termination. 1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the other party shall have the right to terminate this Agreement by written notice. In this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice. 2. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. TIME OF COMPLETION The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of performance by the CITY. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ASSIGNMENT CONSULTANT shall not have the right to assign this Agreement without the written prior consent of the City. INDEPENDENT CONSULTANT CONSULTANT is an independent CONSULTANT and is not an employee of the CITY. COOPERATION IN LITIGATION AND AUDITS CONSULTANT shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City (collectively, the "City" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which CONSULTANT is a named party and CONSULTANT and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making CONSULTANT's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse CONSULTANT for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion, such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries, benefits and other employee compensation. CONSULTANT shall not be entitled to additional compensation for employee services provided under this paragraph. STANDARD OF CARE The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional CONSULTANTS or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the amount of $55,923.20 as outline in the Cost portion of the Consultant's Professional Services Proposal. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the City further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. WHOLE AGREEMENT / AMENDMENT This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third -party beneficiaries. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant or condition contained herein. NO WAIVER Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision, and that term of the provisions shall continue in full force and effect. NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race, color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement SEVERABILITY If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. CHOICE OF LAW AND VENUE The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first above written. In the Presence of: (Seal of CONSULTANT if a Corporation.) APPROVED: CONS TANT Namq' of Company/Firm By: -A. ?Pd A oi Oa� Lj (Specify Title) CITY OF OSHKOSH By. Mark Rohloff, City Manager And:Ub� Pamela R. rig, Ci Clerk 1 AAA,/"LVA/1-- A t rney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract j aftc.� Ar City Comptroller dymAeOrA Tr � � �� T E LV U E CORPORATION Quote#: Q-013487 G 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ O 8O S 4 Quote Expiration: 5/1/2018 WE SHARE YOUR VISION" Prepared for: Jake Timm Oshkosh Media: City of Oshkosh Operations Coordinator jtimm@ci.oshkosh.wi.us (920) 236-5260 , press 3 Ship to address: 215 Church Avenue City Hall Oshkosh, WI 54901-1130 USA Prepared by: Denise Rolfe TelVue Corporation Email: drolfe@telvue.com Phone: (800) 885-8886 Fax: (856) 866-7411 Please use Fax No. to submit signed quote, or email orders@teivue.com Trade in credit, plus applicable municipal discounting shown. Special April Offer: Buy one OTT service, get second at 50% off (ROKU, APPLE.) Offer expires 5/1, Switch control software cost waived. TelVue Care extended product maintenance/support cost for TelVue hardware/software included under factory warranty in year one at no cost. Connect/Cloudcast service components costs shown as 5 year total, with applied discounting total for all 5 years. Onsite Installation/training with TelVue engineer cost DOES NOT include travel or incidentals/expenses. 'Prior to signing the quote in indication of your acceptance as a purchase order, please confirm the billing contact information and shipping information above. `If you have any questions please contact your TelVue contact (identified above). Thank you for your business. The following page contains a quote for TelVue products and services. www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@teivue.com TE� � �� TELVUE CORPORATION 16000 HORIZON WAY, SUITE 100 MT. LAUREL, NJ 08054 WE SHARE YOUR VISION" 1.00 HyperCaster All All -in -One Digital Broadcast M2000-8 'Video Server with 8 HD -SDI ports. MAX 2 Playback ;Channels, 3 total Playback+Encode Channels. ,SDI & IP Switching, Graphics, ,Scheduling & Automation. 11 TB ''RAID 6 w/ 2 hot spares. 2.00'Simulcast Channel ~Adds native Simulcast to a ,HyperCaster AIO model +enabling a 2nd output port to 'efficiently Simulcast a primary ='port's channel with proper sScaling for video and graphics. Eliminates the need for :expensive downstream up/down-conversion equipment, ,.or complex 2.00 Black Magic - Black Magic SDI to Analog MI NI-SDI-TO-ANALOGI' Mini-Converter./TPCL Quote#: Q-013487 Quote Issued: 4/3/2018 Quote Expiration: 5/1/2018 10.00% '$24,950.00;'$22,455.00;: $22,455.00 $995.00'100.00%, $995.00`` $0.00 $0.00 $295.00`; 10.00% $295.00; $265.50,11 $531. 2.00,1nfoVue Pro ,Professional InfoVue Digital $4,950.00;_ 15.00%' $4,950.00 $4,207.50' $8,415.00 Signage player, 1RU rack 'mount, 120GB SSD storage z HDMI & IP output up to 1080p 1st year TelVue Care included ,ongoing required for cloud a a InfoVue CMS and Weather access. Multi-user, Multi -zone I SD/HD data feed integration I "r, s, .H,.,�.: ....n '�z. i✓, h�.. xz..,>.+ .,�� ,.. 1.00 Magic Smart Advanced 12 x 12 multi format ��, . � ... mss,' E�. V..,. $1,395.00; 10.00% $1,395 00; L .- 9b nnS.: _.( f%+k,. ,. .s $1,255.50 $1,255.50 'Videohub 12x12 6G SD, HD and Ultra HD SDI router :with built in video monitoring, � � spin nob control, 6G -SDI j technology./TPCL I I 3.00"Black Magic Black Magic Analog to SDI $295.003 10.00W $295.00; $265.501 $796.50 MINI-ANALOG-TO-SDI,Mini-converter./TPCL 1 www.telvue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com T r L � �' TEL�%UE CORPORAT10N Quote#: Q-013487 G16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 08054 Quote Expiration: 5/1/2018 WE SHARE YOUR VISION" E[Ig Pace Prig 2 00'Loudness Pro Professional, real-time $995.00 10.00% $995.00, $895.50: $1,791.00' Loudness Control plugin for ProVue and AIO channels. Pro I 'Broadcast and Streaming x i %Presets including CALM. d Industry leading audio processing engine from Linear 'Acoustic. YEN id Pegi�- of 1.00MISC-CBL Misc. Cables, including - 8 XLR ,,.,. $0.00 $225.00 $225.00 $225.00 � ;Female to 1/4 -TRS / ` £Connectors /Parts 3.00WATCHBOX zHenry Engineering Matchbox. g , $225.00 10.00% $225 00, $202.50 $607.50' �Bi-directional unit, employing 4 `independent amplifiers to convert stereo inputs and ;outputs from unbalanced -10 ,dBv levels to +4 dBm balanced I 600 ohm lines. All 4 outputs can be adjusted /TPCL 1 00 CUSTOM -3P EQUIP ToteVision LED-1906HDMTR$0.00; 10.00% i $523.001 $470.70` $470.70 09 Inch Rackmount HD LCD Y j Monitor / ATSC QAM TV # � i 1 00 CUSTOM -3P EQUIP Blackmagic Design MultiView 4 $0.00' 10.00% $595.00` $535.50 _ $535.501 t ( HDL MULTIP6G/04 „s,$85.50 1 00 CUSTOM -3P EQUIP 10 00 Blackmagic Design Teranex ; $0.00 /o $95.00 Mini Smart Panel 1 00Xramer VM-30AVB 1 x 3 A/V Stereo Distribution ..,,. $250.00 10 00% $250 00 . $225 00 :,, $225.00' Amplifier /TPCL 1 00'CUSTOM-3P EQUIP Clean Box Pro 2 ch.$0.00 10.00% $85 00`. $76.50P $76.50 Balanced/Unbalanced converter; I I 1.00 CUSTOM -3P EQUIP HPE 2530-8 Managed 8 -port ,., $0.00 10.00%F $415.00 $373.50 $373.50 Fast Ethernet Switch . .. _ .... .... (J9783A#ABA). ,Hardware Warran 1.00 Warranty & ' Year Hardware Warranty & $0.00 5 $0.001 $O.00t $0.00= ":Support - 5 Year Support - Repair or Replace TelVue hardware for 60 months I a ' from the date of original purchase and telephone, email 1 ;and remote technical support HW-WTY-5 can be upgraded to full TelVue Care at any time for a fee HW WTY 5 fee www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@teivue.com T E LV i t �" T E LV U E CORPORATION Quote#: Q-013487 1V1 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 08054 Quote Expiration: 5/1/2018 WE SHARE YOUR VISION" Hardware Qty. Item Name Description TC List Price Discount Sales Price Unit Net Ext. Net Elig 6Ar Price Pticc $37,843.20 Qty. Item Name Description TC'` List Price Discou t SatesP ce Unit Net Ext. Net Big. F "w"Price Price B -Series Optional Items 0.01';HyperCaster IP IP Capture Option- Capture HD/SD 1/. $1,500.00;100.00% $1,500.00; $0.00 $0.00' Capture 'IP streams on schedule or manually 4 'and store as a file for playback or ,transfer to another device. MPEG-2 x TS unicast/multicast/SSM, RTMP, s HLS (single rate). Max 2 Captures on B100 and 4 Captures on B1000 � � t 1.00 ,STD -SW -CTRL Option - Switcher Control Software $500.00100 00% $500.00 $0.00 $0 00 Supported Switcher*xrT �LI > > $0.00 qua www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com T E LV L�U E- WE SHARE YOUR VISION" TELVUE CORPORATION Quote#:Q-013487 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 0 8 0 5 4 Quote Expiration: 5/1/2018 City. Item Name DescriptionTC List Price Sales Price Unit Net Ext. Net Elig, Price Price Third Party 1.00 MISC-SHIP Shipping Charge - HP, Black Magic, $0.001 $300.00 $300.00 $300.00; Teradek, Matchbox, Clean Box, Kramer 1 components AIO Series 1.00,HyperCaster ,Shipping charge for HyperCaster-AIO $250.00 $150.00: $150.00: $150.00' AIO 82000 '132000./TPCL Shipping 2.00InfoVue Ship ]nfoVue Shipping./TPCL $50.00; $50.00` $50.00£ $100:00 Sub -total $550.00 www.telvue.com 116060 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com i TELVUE CORPORATION T E i. U E' 16000 HORIZON WAY, SUITE 100 MT. LAUREL, NJ 08054 WE SHARE YOUR VISION'" Quote#: Q-013487 Quote Issued: 4/3/2018 Quote Expiration: 5/1/2018 Elig. Price Price Support w wi— -- - 3.00 Installation `Optional Daily Installation Rate with $1,500.001 $1,500.00 $1,500.00; $4,500.00'? and Training TelVue Engineer does not include Services `travel/incidentals. Sub -total $4,500.00 Total Item Count $29.00 Grand Total $54,673.20 A finance / late fee of 1 % per month will be added to an unpaid balance each month thereafter. Purchases of equipment outside of the United States require advance payment or letter of credit. Net 30 Days. 2% cash/1 % net 15. Credit cards are accepted. e 6 X`'S www.telvue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com T E LVU r"�""' T E LV U E CORPORATION Quote#: Q-013487 L 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 080544 Quote Expiration: 5/1/2018 WE SNARE YOUR VISION" TelVue Care TM is quoted as 15% of the value at sale of TelVue CareTm eligible equipment for year 2 coverage, declining (straight line) to 7.5% in the 5th year coverage if prepaid. Year 2 TelVue Care TM: 0.00 Year 3 TelVue CareT"": 0.00 Year 4 TelVue Care TM: 0.00 Year 5 TelVue Care TM: 0.00 www.telvue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com TE L V�' TELVUE CORPORATION Quote#: Q-013487 G 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 ,� MT. LAUREL, NJ 0 8 0 5 4 Quote Expiration: 5/1/2018 WE SHARE YOUR V(S1ON" TelVue Terms & Conditions The products ("Products") and services ("Services") provided by TelVue Corporation (TELVUE) to you ("Customer") are subject to the following terms and conditions ("Terms and Conditions"). By placing an order with TELVUE, Customer agrees to be bound by these terms and conditions. These Terms and Conditions shall apply to all quotations and offers made and accepted by TELVUE. The Terms and Conditions contained herein are subject to change at any time by TELVUE in its sole discretion and without notice to any potential purchaser of the TelVue'S products and services. No purchase order submitted under these quoted Terms and Conditions shall be deemed to create a binding contract until such time as TelVue accepts such purchase order. TelVue reserve the right to decline any purchase order based on this quote at its sole discretion. Customer agrees that these Terms and Conditions may in some instances conflict with some of the terms and conditions affixed to the purchase order or procurement document issued by the Customer. In that case, the Terms and Conditions contained herein shall govern and acceptance of Customers order is expressly conditioned upon Customer's acceptance of these Terms and Conditions whether the Customer accepts the Terms and Conditions by written acknowledgment, implication, or acceptance and payment of Products or Services purchased. TELVUE's failure to object to provisions contained in. any communication from Customer to the contrary shall not be deemed a waiver of the provisions of these Terms and Conditions. TELVUE will use commercially reasonable efforts to ship Products to Customer's address listed on the TELVUE Quote Form, and to provide Services to Customers authorized users in accordance ,vitli the scheduled date specified by TELVUE. Customer acknowledges and agrees that delivery schedules are subject to change. TELVUE will notify Customer of any anticipated delay of thirty (30) or more days in delivery of the Products or Services purchased. Products are delivered F.O.B. TELVUE shipping point. Customer shall pay all shipping charges, including without limitation, transportation charges and insurance premiums, and shall be responsible for all taxes, duties and other government assessments. Customer shall pay TELVUE for any product or service fee (collectively, "FEES") set forth on TELVUE's Quote Form. Payment shall be made in U.S. dollars in the U.S. where Customer has established credit, and the terns of payment will be "NET 30" -- thirty (30) days from invoice date unless otherwise indicated on the invoice. Any FEES not paid by Customer when due shall bear interest until paid at a rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate pennitted by law, whichever is less. Customer shall be responsible for the costs, including without limitation, attorneys' fees and court costs, incurred by TELVUE in connection with TELVUE's collection of any past -due FEES. Customer shall bear and be solely responsible for the payment of all taxes levied or assessed in connection with the Products and Services, if any, including without limitation, all sales, use, rental receipt, personal property, import and monthly or other taxes (but excluding taxes based solely upon TELVUE's income). In addition to any other remedy available to it, TELVUE may suspend or terminate the Services, in whole or in part, upon Customer's failure to timely pay the FEES without incurring any liability to Customer or others associated with Customer. All FEES paid and charges made prior to any termination as provided herein are nonrefundable. Termination of the Services shall not release Customer from any obligation to pay accrued charges on FEES. TELVUE may increase its FEES for any TELVUE-provided content and third -party software to the extent that its licensors raise their fees to TELVUE upon not less than thirty (30) days prior written notice to the Customer. If the increases exceed ten percent (10%) of the then current FEES, Customer may choose to delete the TELVUE-provided content or third -party software, as applicable. TELVUE reserves die right to begin charging Services FEES if the Services are not launched by Customer within one hundred twenty (120) days of the order date through no fault of TELVUE. Customer shall comply with all export laws and restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority, and shall not export, or allow die export or re-export of the Products or any Confidential Information or any direct product thereof in violation of any such restrictions, laws or regulations, or to Afghanistan, the People's Republic of China or any Group Q, S, W, Y, or Z country specified in the then current Supplement No. 1 to Section 770 of the U.S. Export Administration Regulations (or any successor supplement or regulations); Customer shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the export from the U.S. of all material or items deliverable by TELVUE to any location and shall demonstrate to TELVUE compliance with all applicable laws and regulations prior to delivery thereof by TELVUE. TELVUE warrants to Customer that the Products or Services offered by TELVUE pursuant to these Terms and Conditions shall conform to the specifications for such Products or Services mutually agreed to by the parties in writing at the time of shipment. The warranty period for hardware -based Products shall be twelve (12) months from the date of shipment. Customer's sole remedy for breach of the foregoing warranties shall be limited to Product replacement, or if replacement is inadequate, or in TELVUE's sole discretion impractical, to refund the purchase price. TELVUE PROVIDES THE PRODUCTS AND SERVICES "AS IS" AND MAKES NO WARRANTY THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TELVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE PRODUCTS OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PRODUCTS OR SERVICES. EXCEPT AS SET FORTH HEREIN, OR IN A WRITTEN AGREEMENT BETWEEN THE PARTIES THAT EXPRESSLY AMENDS TELVUE'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, TELVUE MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NONINFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING www.telvue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com Tr �' TELVUE CORPORATION Quote* Q-013487 G 16000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 0 8 O S 4 Quote Expiration: 5/1/2018 WE SHARE YOUR VISION" SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. To the extent that TELVUE data is transmitted over the Internet, Customer acknowledges and agrees that TELVUE has no control over the functioning of the Internet and TELVUE makes no representations or warranties of any kind regarding the perfonnance of the Internet. TELVUE and Customer are independent contractors in the performance of these Terms and Conditions, and each party is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Customer is responsible for and will indemnify TELVUE from any and all claims, liabilities, damages, debts, settlements, costs, attorney's fees, expenses and liabilities of any type whatsoever that may arise in connection with the purchase and use of Products or Services and on account of Customer's activities, or those of its employees or agents, including without limitation, providing unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of TELVUE) to its customers or breaching any term, representation or warranty of these Terms and Conditions. ' Certain TELVUE Products and Services require a full-time Internet connection for proper operation. An Internet connection may also be required for remote TELVUE support. Customer is responsible for providing Internet access that meets TELVUE's requirements. Customer shall provide TELVUE with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TELVUE to perform its obligations under these Terms and Conditions. Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TELVUE that such content will not violate or infringe any copyright, patent, trademark, trade secret, confidentiality or other proprietary right of any third party. License granted to Customer is for the object code version of the Products or Services and TELVUE-provided content only. Customer has no rights to the source code for the Products or Services or any TELVUE-provided content. Customer shall not pen -nit anyone under Customer's direction or control to, reverse engineer, disassemble, de -compile or remove any identifying mark of TELVUE or its licensors from the Products, Services or any TELVUE-provided content or attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Products, Services or any TELVUE-provided content without TELVUE's express written consent The Services are licensed as a single product. TELVUE-provided content may be used only in conjunction with the Services. TELVUE shall retain all Proprietary Rights in and to the aforementioned and to any discoveries, improvements, inventions (whether or not patentable), ideas or know how that is conceived, learned, or reduced to practices by TELVUE in the course of performance under these Terms and Conditions. Both parties agree that all system designs, computer programs, data, processes, trade secrets, inventions (whether or not patentable), algorithms, know-how, and ideas and all other business, marketing, technical and financial information they obtain from the other party constitute "Confidential Information" of the disclosing party if marked as such when disclosed in writing, or if disclosed orally, designated as such within 10 days of oral disclosure. Except as expressly and unambiguously allowed under these Terms and Conditions, TELVUE and Customer agree to hold in confidence and not use or disclose the other party's Confidential Information. The receiving party shall not be obligated for any information which it can document: is in or (through no improper action or inaction by the receiving party) enters the public domain (and is readily available without substantial effort), or was rightfidly in its possession or known by it prior to receipt from the disclosing party, or was rightfully disclosed to it by another person without restriction, or was independently developed by it by persons without access to such information and without use of any Confidential Information of the disclosing party, or is required to be disclosed pursuant to local or federal statutes and/or regulations. These obligations shall continue for a period of three (3) years from disclosure. TELVUE WILL NOT BE LIABLE WITH RESPECT TO OR ARISING OUT OF ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID TO TELVUE HERE UNDER OR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST OF PROFITS, BUSINESS REVENUES OR SAVINGS, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. TELVUE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE PRODUCTS OR SERVICES REMAINS WITH CUSTOMER. IN NO EVENT SHALL TELVUE OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,- PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OF OR INABILITY TO USE ANY PRODUCTS OR SERVICE, EVEN IF TELVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE OTHEWISE FORSEEABLE. IN THE EVENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. TelVue Hardware Warranty and TelVue Care Extended Warranty Terms and Conditions - TelVue Corporation (TelVue) will at its option, either repair, replace or upgrade software and/or firmware on any product manufactured by TelVue which proves to be defective in materials or workmanship or fails to meet the specifications which are in effect on the date of shipment or such other specifications as may have been expressly agreed upon in writing for a period of one (1) year from the date of original purchase. With optional TelVue Care, the equipment owner can extend these terms for up to four additional years. Certain products www.teivue.com 116000 Horizon Way, Suite 100, Mt Laurel, NJ 08054 1 Phone: 1-(800)-885-88861 Email: sales@teivue.com T r L � �' T E LeiUE CORPORATION Quote#: Q-013487 G1 6000 HORIZON WAY, SUITE 100 Quote Issued: 4/3/2018 MT. LAUREL, NJ 08054 Quote Expiration: 5/1/2018 WE SHARE YOUR VISION" that are not manufactured but are resold by TelVue will cant' the original OEM warranty for that product. In the case of a failure, the customer will be responsible for round trip shipping costs to TelVue and up to a $500 maximum factory repair service deductible. This warranty does not cover damage resulting from (i) use or installation other than in strict accordance with manufacturer's written instructions, (ii) disassembly or repair by someone other than the manufacturer or a manufacturer -authorized repair center, (iii) misuse, misapplication or abuse, (iv) alteration, (v) lack of reasonable care or (vi) acts of God. A $500 reactivation fee will apply to a lapsed warranty for TelVue Care on equipment. TelVue Care is not transferrable without written permission from TeIVUe. If any provision of these Terms.and Conditions is held unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions shall be governed by and construed under the laws of the State of New Jersey and the United States without regard to the conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that venue for any action of any kind shall be Burlington County, New Jersey. Any waiver or amendment to these Terms and Conditions shall be effective only if made in writing and signed by a representative of the respective parties, authorized to bind the parties. The prevailing party in any action to enforce these Terms and Conditions shall be entitled to recover costs and expenses, including, without limitation, attorneys' fees. Notices given under these Terms and Conditions shall be in writing and considered to be received upon the earlier of actual receipt or five (5) days after mailing if mailed postage prepaid by regular mail, or one (1) day after such notice is sent by major commercial rapid delivery courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. INFOVUE - Terns & Conditions: InfoVue is sold under additional terns and conditions related to various optional information services available. These terms and conditions are contained on the TelVue web site. It is the responsibility of the Customer/User to review those terms and conditions and to ensure compliance with them. The terms and conditions for InfoVue can be found at: http:/hvww. telvue. com/Nvp-content/uploads/InfoV ue-End-User-Licensing-Tenns-and-Conditions-2015-5-4.pdf The information contained in this quote is confidential and proprietary to TelVue Corporation and may not be disclosed to third parties or duplicated, in whole or in part, without the prior consent of TelVue Corporation. www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 Email: sales@telvue.com Urben, Jon From: Timm, Jake Sent: Tuesday, April 03, 2018 10:50 AM To: Urben, Jon Subject: FW: FW: Follow up Questions Master Control Video System RFP From Denise below, let me know how you want to proceed. Jake Timm Operations Coordinator, Oshkosh Media City of Oshkosh 920.236.5261 Follow us: Web I Facebook I Twitter Oshk6s media From: Denise Rolfe [mailto:drolfe@telvue.com] Sent: Tuesday, April 03, 2018 10:49 AM To: Timm, Jake Subject: Re: FW: Follow up Questions Master Control Video System RFP Jake, I'm only able to put in the quote what is already there, that the $1500/day for onsite does not include travel expenses, but please feel free to say in your presentation that, if we are awarded the business, we will hold to my email affirmation about travel costs and keeping them not to exceed $1250, predicated on how far in advance we can schedule the onsite. From order placement, our terms are net 30 days for shipping, so that should give us ample time to get the best airfare, hotel and car deals. Denise Rolfe National Sales Director, Community Broadcasting Te1Vue Corporation 16000 Horizon Way, Suite 100 Mt. Laurel, NJ 08054 drolfegtelvue.com 800.885.8886, ex. 221 Fax: 856-866-7411 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh isrip maty coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY & BONDS A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– "Any Auto' basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 4/14/14 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. II -2 4/14/14 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB -SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. II -3 —A -1 EY CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD/YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Agency contact CONTACT NAME_ Information, includingstreet — -- Insurance Agent's PHONE address and PO Box if - contact Information. (AIC. No..Ext)____ applicable. EMAIL ------ !EACH OCCURRENCE Policy effective and expiration date. DAMAGES' RENTED PREMISES (Ea occurrence) j MED EXP (Anyone person)— ADDRESS: INSURERS AFFORDING COVERAGE NAIC # ®� --' INSURER A: ABC Insurance Company NAIC # INSURED Insured's contact information, INSURER B: XYZ Insurance Company NAIL # including name, address and INSURER C: LMN Insurance Company__________. I NAIC # phone number. INSURER D• Insurer(s) must have a minimum A.M. Best rating of A- ----_ ---------- and a Financial Performance Rating of V/ or better. —---- IGENERAL AGGREGATE INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER: ❑IPOLICY 1®IJECOTI❑ILOC INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBRI WVD 1 POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MM/DD 1 LIMITS A GENERAL ®I _—� LIABILITY CO COMMERCIAL GENERAL LIABILITY _ i❑ CLAIMS -MADE [®]OCCUR ® ❑ !EACH OCCURRENCE Policy effective and expiration date. DAMAGES' RENTED PREMISES (Ea occurrence) j MED EXP (Anyone person)— $ 1,000,000 $ 50,000 —$ 5,000 General Liability Policy Number ®� --' ISO FORM CG 20 37 OR EQUIVALENT __. — --._... ...---- . PERSONAL 8 ADV INJURY — — $1,000,000 IGENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ❑IPOLICY 1®IJECOTI❑ILOC I PRODUCTS — COMP/OP AGG $2,000,000 $ B AUTOMOBILE ®iIANY �ALLOWNED❑� _❑; — N LIABILITY AUTO SCHEDULED 'AUTOS AUTOS ❑ NON -OWNED HIRED AUTOS AUTOS ® ❑ , Auto Liability Policy Number I - 'COMBINED SINGLE LIMIT 1 g accident) _ IlPolicy effective and expiration date. BODILY INJURY (Per person) I BODILY INJURY (Per accident) PROPERTY DAMAGE �(Peraccident) .$ 1,000,000 $ $ $ — — — ®UMBRELLALIAB®jOCCUR ® ❑ !EACH OCCURRENCE $ 2,000,000 A ❑!EXCESS LIAB ❑1 CLAIMS -MADE Umbre Oa Liability Policy Number Flicl­ffective and expiration d a IAGGREGATE $ 2,000,000 ❑j DED i® RETENTION $10,000 I C IAND WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROP RI ETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y / N (Mandatory in NH) N If yes, describe under DESCRIPTION OF OPERATIONS below ❑ ❑ (TWC STATU-ORY LIMITS! ®:, ' 1..__ER_....L_._.______________. '---`-------------�--- OTH- -- j $100,000 ------- 100,000(Mandatory Workers Compensation Policy Number Poh effective and expiration date. lE L. EACH ACCIDENT j. E.L. DISEA_S_E— EA E_MP_LOYEE_I !E.L. DISEASE— POLICY LIMIT $..100,0_00_ -- I $500,000 ❑ ❑ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk Insurance Standard II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 Please indicate somewhere on this AUTHORIZED REPRESENTATIVE certificate, the contract or project # this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) design- nated above. Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy# COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". Insurance Standard 11 SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0