7707 Executed Agreement August 2021
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4
FILE
MUNICIPAL MOSQUITO
CRYSTAL WESTBROOK
7707
08/05/2022
Contract for Mosquito Management
Services
City of Denton, Texas
TDA SPCS 0666439 TDA
0714984
P.O. Box 831863
Richardson, Texas 75083
Office: 214-612-8044
Email: Info@MunicipalMosquito.com
www.MunicipalMosquito.com
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Contract for Mosquito Management Services – Page 2
Licensed and Regulated by: Texas Department of Agriculture P.O. Box 12847 Austin, TX 78711-2847 Phone (866) 918-
4481, Fax (888) 232-2567
Contract for Mosquito Management Services – Page 1
THIS CONTRACT IS ENTERED BY AND BETWEEN THE CITY OF DENTON, TEXAS “CITY” AND PRP
SERVICES, L.L.C. d/b/a MUNICIPAL MOSQUITO “MUNCIPAL MOSQUITO”, HEREINAFTER THE
“CONTRACT.” WITHIN THIS CONTRACT, CITY OR MUNICIPAL MOSQUITO MAY BE REFERRED TO
INDIVIDUALLY AS “PARTY” OR COLLECTIVELY AS “PARTIES.”
1. RETENTION OF SERVICES City hereby retains Municipal Mosquito to provide Mosquito Management
Services for the City mosquito control program. Municipal Mosquito shall provide Contingent Mosquito
Management Services per the Scope of Work attached as “Attachment A” which is incorporated for all
purposes herein. Municipal Mosquito shall be compensated for those Contingent Mosquito Management
Services by the City according to the Fee Schedule attached as “Attachment B” which is incorporated for
all purposes herein.
2. TERM, RENEWAL, AND TERMINATION
2.1 TERM This Contract is for a 12-month term beginning on the date the Contract is finally
executed by both Parties, herein the “Effective Date.”
2.2 CONTRACT RENEWAL Upon completion of the initial 12-month contract term, this
Contract may be extended by subsequent agreement of both Parties for four (4) additional twelve month
periods for a total of sixty (60) months. Contract renewal implies adherence to the same terms, conditions,
and pricing unless agreed upon in writing by both Parties in a duly authorized contract amendment.
2.3 TERMINATION In the event of a perceived breach of this Contract by either Party, the
non-breaching Party shall provide written notice to the breaching Party with fifteen days opportunity to
cure or resolve the perceived breach. The City and/or Municipal Mosquito may terminate this Contract for
any reason, or no reason, with thirty (30) days written notice to the other Party. Termination of this Contract
by the City shall not waive any other rights or warranties available to the City at law or in equity.
3. LOCATION DESCRIPTION The services which are described in this Contract shall be strictly limited to
the geographic area which is commonly known as being within the corporate limits of the City, the County
of Denton, and the State of Texas. Municipal Mosquito shall not be required by the terms hereof to render
the herein before described services in any geographic location not situated within the confines of the area
designated above.
4. CONDITIONS OF PROPOSED SERVICES
4.1 LIABILITY AND INDEMNITY MUNICIPAL MOSQUITO SHALL INDEMNIFY CITY AND ITS
AND EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND
EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, CAUSED BY OR RESULTING
FROM THE DIRECT ACT OF MUNICIPAL MOSQUITO IN THE COURSE OF THE PERFORMANCE OF
THIS CONTRACT AND, ON THE CONDITION THAT ANY SUCH CLAIM WHICH MAY BE ASSERTED:
(1) ARISES FROM BODILY INJURY, INCLUDING DEATH; (2) ARISES FROM THE
DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY; AND (3) IS CAUSED IN WHOLE OR IN
PART BY AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OR OMISSION OF MUNICIPAL
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MOSQUITO. LIABILITY FOR ANY ACTION OF MUNICIPAL MOSQUITO SHALL BE LIMITED TO THE
INSURANCE COVERAGE WHICH IS PROVIDED BY MUNICIPAL MOSQUITO PURSUANT TO THE
TERMS AND CONDITIONS HEREOF, AND WHICH SHALL BE AGREED UPON IN ADVANCE OF THE
EFFECTIVE DATE AND SHALL NOT CHANGE DURING THE SERVICE TERM UNLESS AGREED IN
WRITING BY THE PARTIES. IT IS ACKNOWLEDGED AND AGREED BY THE PARTIES THAT ANY
LIABILITY OF MUNICIPAL MOSQUITO IN CONNECTION WITH THE SERVICES TO BE RENDERED
HEREUNDER SHALL NOT INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY DAMAGES BASED ON ANY LOST SALES OR PROFIT. THIS PARAGRAPH SHALL
SURVIVE THE TERMINATION OF THIS CONTRACT.
4.2 WARRANTIES Municipal Mosquito warrants that during the period of time any services shall be
rendered by Municipal Mosquito to City, Municipal Mosquito will have in full force and effect the insurance
coverage, in amounts satisfactory to the City: (1) Automobile, (2) General Liability, (3) Workers Compensation,
and (4) Environmental Liability (as endorsement on General Liability) as required by the City, per Attachment C.
Municipal Mosquito shall provide certificates of insurance upon execution. Municipal Mosquito warrants that, in
the course of rendering the services which it is to perform hereunder, it will exercise, in its performance of said
services, the standard of care normally exercised by nationally recognized organizations engaged in performing
comparable services. Other than the foregoing warranties, Municipal Mosquito makes no express or implied
warranties, including without limitation, any expressed or implied warranties of merchantability or fitness for a
particular purpose.
4.3 DISCLAIMERS Municipal Mosquito has not been engaged to perform any procedure(s) which would
result in the eradication of the mosquito population in any particular area. Mosquito remediation is an imprecise
science and results are affected by many conditions which are outside the control of Municipal Mosquito.
Accordingly, Municipal Mosquito disclaims any warranty, representation or guarantee, of any type, regarding: (1)
the absence or existence of mosquito-borne diseases, in or adjacent to the known mosquito habitats in the Proposed
Area; (2) the probability of any human or animal contracting any mosquito borne disease or infection, either before,
during or after the completion of the services to be rendered by Municipal Mosquito hereunder; and (3) Municipal
Mosquito cannot guaranty the outcome or effectiveness of any Contingent Mosquito Management Services
performed under the Contract.
4.4 INDEPENDENT CONTRACTOR The Parties acknowledge and agree that neither Municipal Mosquito
nor any member of its staff is an agent, employee, or representative of City in connection with the services to be
performed hereunder. Rather, Municipal Mosquito is an independent contractor in connection with the services to
be performed hereunder. As an independent contractor, Municipal Mosquito shall be responsible for employing and
directing such personnel and agents as it may require from time to time in connection with the performance of the
services to be rendered hereunder. Municipal Mosquito shall exercise complete authority over members of its staff
and its agents and shall be fully responsible for their actions. Municipal Mosquito acknowledges that neither it nor
any member of its staff is entitled to unemployment insurance benefits or workers’ compensation benefits from
City, its elected officials, agents, or any program administered or funded by City.
5. PAYMENT Payment for all Contingent Mosquito Management Services shall be due within thirty (30)
days of receipt of invoice from Municipal Mosquito by City. Payment which is not received on a timely
basis shall be subject to interest at statutorily stated rates.
6. REQUEST FOR CONTINGENT SERVICES To request performance of Contingent Mosquito
Management Services City shall send a request in writing to Municipal Mosquito and, upon receipt of a written
proposal by Mosquito Management for performance of such services, City shall reply in writing approving such
charges. City acknowledges and accepts that Municipal Mosquito does its best to estimate charges for Contingent
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Mosquito Management Services in advance, but that Municipal Mosquito cannot guarantee the final price for any
Contingent Mosquito Management Services.
7. MISCELLANEOUS
7.1 AUTHORITY TO EXECUTE CONTRACT The undersigned officers and/or agents of the Parties
hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of
the Parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending
such authority have been duly passed and are now in full force and effect. City agrees to provide Municipal
Mosquito proof of authority to enter the Contract upon request, and to notify Municipal Mosquito of any change in
such authority to act.
7.2 NOTICE Where the terms of this Contract require that notice in writing be provided, such notice shall
be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid,
and sent by certified mail, return receipt requested and properly addressed as follows:
To City:
City of Denton
Attn: City Manager
215 E. McKinney Street
Denton, TX 76021
To Contractor:
Municipal Mosquito
Attn: Patrick Prather
P.O. Box 831863
Richardson, Texas 75083
7.3 ASSIGNMENT This Contract is not assignable without the prior written consent of City.
7.4 ENTIRE CONTRACT, AMENDMENT This Contract represents the entire and integrated Contract
between the City and Municipal Mosquito and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Contract may be amended only by a written instrument signed by both City and Municipal
Mosquito.
7.5 APPLICABLE LAW The validity of this Contract and of any of its terms or provisions, as well
as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. This Contract
shall be performable and all compensation payable in Denton County, Texas. Venue and exclusive jurisdiction
under this Contract lies in Denton County, Texas.
7.6 SEVERABILITY If any clause, paragraph, section or portion of this Contract shall be found to be
illegal, unlawful, unconstitutional or void for any reason, the balance of the Contract shall remain in full force and
effect and the Parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not
been in the Contract initially.
7.7 CONSIDERATION This Contract is executed by the Parties hereto without coercion or duress and with
substantial consideration, the sufficiency of which is hereby acknowledged.
7.8 REPRESENTATION Each signatory representing this Contract has been read by the party for which
this Contract is executed and that such party has had an opportunity to confer with its counsel.
7.9 WAIVER Waiver or any breach of this Contract by either party, or the failure of either party to enforce
any of the provisions of this Contract, or the failure of either party to enforce any of the provisions of this Contract,
at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict
compliance of the Contract.
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7.10 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be drafted equally by all Parties
hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and
any presumption or principle that the language herein is to be construed against any party shall not apply. Headings
in this Contract are for the convenience of the Parties and are not intended to be used in construing this document.
7.11 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes.
8. ACCEPTANCE OF CONTRACT Municipal Mosquito, pursuant to the terms and conditions set forth above,
proposes to provide services within the Scope of Work to City at the rates set forth in the Fee Schedule. To accept
this Contract, City shall: (1) provide Municipal Mosquito proof of authority to enter the Contract on behalf of City,
and (2) return a fully executed copy of the Contract, intact, to Municipal Mosquito at the address indicated hereon.
IN WITNESS THEREOF, the Authorized Representatives have executed this Contract on the dates written below.
Authorized Representative of the City of Denton, Texas
Signature Title
Print name Date
Witness ______________________________________
Accepted by PRP Services, L.L.C. d/b/a Municipal Mosquito
By
Title ___________________________________
Date
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Director of Operations
8/4/2021
8/4/2021
Senior Buyer
NA-DOCUSIGN
Crystal Westbrook
Contract for Mosquito Management Services – Page 6
The acceptance of this Contract is not valid until it is countersigned by Municipal Mosquito and returned to the
City of Denton, Texas.
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Stephen D. Gay
Director, Water Utilities
Water Utilities
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ATTACHMENT A
SCOPE OF WORK
I. CONSULTING, REPORTING, AND EDUCATION
a. Fee Specifications The Consulting, Reporting, and Education fee is a fixed rate price for all
consulting, reporting, and education during the annual contract term. This fee and signed Contract are due by April
1st to preserve the pricing and Scope of Work that have been defined.
b. Consulting Municipal Mosquito annually generates terrain maps, current street maps, digital route
maps, and consultation with City staff for information and history regarding mosquitoes, sites, populations, species,
and locations prior to initiating any treatment services.
c. Reporting Municipal Mosquito shall provide written and digital documentation of all services
provided to City and retain application records as directed by Texas Department of Agriculture Structural Pest
Control Service (TDA/SPCS) and TCEQ NPDES.
d. Education Municipal Mosquito will assist City staff during City hall, public, City council, and
similar public education and outreach meetings. Municipal Mosquito will also brief the City Council as requested.
CONTINGENCY MOSQUITO MANAGEMENT
Should mosquito activity or disease dictate and/or the City request, Municipal Mosquito shall be available to provide
Contingency Mosquito Control services described in this Scope of Work. Any Contingency Mosquito Management
services will be performed as directed and in accordance with the provisions of this Contract, this Scope of Work,
and the Fee Schedule.
II. LARVAL SURVEILLANCE AND CONTROL
a. Site Inspection Individual inspections will be conducted as directed with monitoring of known and
newly discovered potential larval mosquito development sites. Routine revision and updating of maps and sites is
ever evolving and a key part of effective mosquito control program.
b. Larvicide Application When appropriate and necessary, applications will be made of appropriately
labeled larvicidal materials at U.S. EPA approved labeled dosage rates. Mapping of treated sites and documentation
to meet state requirements will be provided to the City.
c. Aedes aegypti and Aedes albopictus Specific Larviciding Service Larval mosquito
inspection and control application is a different process for Aedes aegypti and Aedes albopictus mosquitoes due to
small container and cryptic larval development sites often in close proximity to residential structures. Should
intensive larval control become necessary due to an imported or locally transmitted emerging arbovirus, an hourly
rate will be applied to the larval control field operations. Larval control may be performed through hand
larviciding or via liquid larviciding through mist/ULV applicators. Access to private property is sometimes
necessary for these larviciding services. The City shall make Code Enforcement and/or Environmental officers
available to assist Municipal Mosquito personnel with private property inspections.
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III. ADULT MOSQUITO SURVEILLANCE
a. Reiter Gravid Trap Surveillance This trap selects toward gravid, or egg laden, Culex
spp. female mosquitoes. Gravid female mosquito surveillance is crucial since these female mosquitoes have taken
a blood meal to develop eggs and are potentially infected with West Nile virus. Service will be as directed for
surveillance of the adult Culex mosquito population. Mosquito samples will be identified to species at our
laboratory and delivered to Municipal Mosquito’s local, third party, and private laboratory for real-time RT-PCR
virus testing.
b. BG Sentinel Trap Surveillance for Emerging Arbovirus Vectors Aedes aegypti and Aedes
albopictus adult mosquitoes are vectors for many known and emerging arboviruses such as Zika virus
and Dengue. The BG Sentinel trap works differently than the Reiter Gravid trap and is designed to mimic
human respiration selectively attracting Aedes spp. mosquitoes. Municipal Mosquito will set and collect
BG Sentinel traps, at the City’s direction. These traps will be used to ascertain population densities of
disease vector species. Trap catch information will be used to help determine disease response strategies
and trapped mosquitoes may be tested for disease utilizing real-time RT-PCR.
IV. DISEASE TESTING
a. West Nile Virus Municipal Mosquito’s local third party laboratory confirms presence of
mosquito borne WNV utilizing real time RT-PCR technology with results available within 24 to 48 hours. Test
results are forwarded to Municipal Mosquito, compiled, and made available to City for disease response planning.
Assay materials are archived onsite at the Laboratory facility so confirmation testing may be completed if directed.
b. Emerging Arbovirus Diseases Municipal Mosquito’s local third party laboratory confirms presence
of mosquito borne Zika virus, Chikungunya virus, Dengue, and other emerging arboviruses through real-time
RT-PCR technology with results available within 24 to 48 hours. Test results are forwarded to Municipal
Mosquito, compiled, and made available to City for disease response planning. Assay materials are archived
onsite at the Laboratory facility so confirmation testing may be completed if directed.
V. ADULT MOSQUITO CONTROL
a. Pre-Treatment Operational Procedures Municipal Mosquito will follow strict integrated mosquito
management guidelines and will only adulticide when authorized by the City and legally allowable according to
product labeling. All adult mosquito control applications will be made only after written permission is obtained
from the City and City staff shall notify Municipal Mosquito at least 24 hours prior to altering any previously agreed
upon schedule(s).
b. Product Municipal Mosquito currently utilizes a water based synergized permethrin formulation
for Ultra Low Volume (“ULV”) adult mosquito applications and recommends mid-level labeled application rate of
active ingredient per acre. Other materials, application rates, and chemical classes may be utilized for specialty
applications and different rates may apply. City must advise Municipal Mosquito regarding the desired application
rate at least 24 hours in advance of any requested fogging services.
c. Adult Mosquito Control Equipment For street level and off-road UTV Mounted
applications, Municipal Mosquito primarily utilizes industry standard ULV fogging equipment. For focused
application techniques, Municipal Mosquito utilizes backpack ULV/misting machines and/or handheld Thermal
Foggers from various manufacturers. During any adult mosquito application, technicians will record various events
that occur during the application sequence, i.e. operator and/or vehicle identification, ground speed, “No Spray
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Zones”, type of insecticide, total insecticide dispensed, and total area or distance treated. Municipal Mosquito
application equipment is annually calibrated and analyzed for proper droplet pattern to insure correct operation and
application.
VI. MISCELLANEOUS
a. Response Guarantee Municipal Mosquito guarantees a next business day response time for larval
control and surveillance service requests. Adult Mosquito Control service requests are guaranteed 48 hours from
time of notification for commencement of control operations.
b. Private Property Access For all mosquito related activities, The City will obtain and/or furnish
right-of-access on any Non-City-owned project site for Municipal Mosquito to perform any requested inspections,
tests, surveillance, application, or investigation in relation to the Scope of Services. Municipal Mosquito will take
reasonable precautions to avoid and/or minimize damage to the personal or real property in the performance of such
inspections, tests, surveillance, applications, or investigations.
Note: All defined terms within the Contract are hereby incorporated to this Attachment.
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ATTACHMENT B
FEE SCHEDULE
Payment for all Contingent Mosquito Management Services shall be made based on the following fee schedule and
upon the terms set forth in Section 5 of the Contract.
Service Provided Item Price
Consulting, Reporting, And Education Fee
$500.00 per annum
Service Provided Item Price
CONTINGENT MOSQUITO MANAGEMENT
AD HOC
ADULT MOSQUITO SURVEILLANCE
Reiter Gravid Trap (per trap event)
-primary trap for West Nile virus vectors
-identification (speciated and enumerated
$125.00 each set and
collection
BG Sentinel Trap Set
-primary trap for Aedes spp. mosquitoes
-Zika virus and emerging arbovirus vector surveillance -identification
(speciated and enumerated)
$185.00 each set and
collection
TESTING
Real time RT-PCR Disease Testing
-a test pool is comprised of 50 eligible mosquitoes
-fee based on Municipal Mosquito staff setting and collecting traps
$50.00 per test pool
$50.00 per additional
test pool
Insecticide Resistance Testing
-CDC bottle bioassay method
-staff trained by CDC personnel
$450.00 per location
LARVAL SURVEILLANCE AND CONTROL
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Inspection Based Larvicide Application
-public property, City owned property, private property as directed
$135.00 per one hour
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UTV Mounted Liquid Larviciding**
-street level, alley, utility easement
$185.00 per 0.25 (1/4)
linear mile
Back-pack Liquid Larviciding**
-any area inaccessible to vehicles or
where small-scale application is needed
**liquid larviciding is an alternative means of delivering larval control materials from easements and alleys to
backyards and cryptic breeding sources. This alternative delivery becomes necessary when physical access to
private property (backyards) is difficult to obtain.
$300.00 per 0.10 (1/10)
linear mile
ADULT MOSQUITO CONTROL
Truck Mounted ULV Fogging
- mid-label rate of application
- water-based synergized permethrin product
- ten mile minimum per fog event
$42.00 per one linear mile
UTV Mounted ULV Fogging
- mid-label rate of application
- water-based synergized permethrin product - two mile
minimum per fog event
$200.00 per one linear
mile
Backpack ULV Fogging
-maximum rate of application
Backpack Residual Mist
-small scale application to areas inaccessible to vehicle
$175.00 per 0.25 (1/4)
linear mile at
Thermal Fogging
-maximum rate of application
$250.00 per 0.25 (1/4)
linear mile
Residual Barrier Spray
-residual application for heavy vegetation areas
$80.00 per 200 linear feet
Note: All defined terms within the Contract are hereby incorporated to this Attachment.
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Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations,
which the successful contractor shall have a duty to maintain throughout the course of this
contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and title
of the project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractor shall not
commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies described
on the certificate be cancelled or materially changed before the expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A.
General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X]
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such
insurance, has Employer's Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for occupational disease.
The City need not be named as an "Additional Insured" but the insurer shall agree to
waive all rights of subrogation against the City, its officials, agents, employees and
volunteers for any work performed for the City by the Named Insured. For building or
construction projects, the Contractor shall comply with the provisions of Attachment 1
in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the
Texas Workers’ Compensation Commission (TWCC).
[X ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by
this contract (as provided in General Liability Policy).
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ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment
or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4
Certificate Of Completion
Envelope Id: 301E2E00BE1E435987C40E8537F98BD4 Status: Completed
Subject: Please DocuSign: Contract #7707--Agreement 2021
Source Envelope:
Document Pages: 19 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
7/27/2021 3:16:25 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 7/27/2021 3:52:36 PM
Viewed: 7/27/2021 3:53:02 PM
Signed: 7/27/2021 3:55:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dustin Tyler Fair
tyler@municipalmosquito.com
Director of Operations
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 71.40.125.194
Sent: 7/27/2021 3:55:29 PM
Viewed: 8/4/2021 10:49:03 AM
Signed: 8/4/2021 10:49:52 AM
Electronic Record and Signature Disclosure:
Accepted: 8/4/2021 10:49:03 AM
ID: d8bb06db-925a-4722-b548-f5c1c1dc4586
Stephen D. Gay
stephen.gay@cityofdenton.com
Director, Water Utilities
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/4/2021 10:49:54 AM
Viewed: 8/4/2021 10:59:05 AM
Signed: 8/4/2021 11:00:29 AM
Electronic Record and Signature Disclosure:
Accepted: 8/4/2021 10:59:05 AM
ID: c56cf00f-7cd0-4a5c-a0f5-d1504a26057f
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 8/4/2021 11:00:30 AM
Viewed: 8/4/2021 4:07:26 PM
Signed: 8/4/2021 4:08:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Debra Viera
deborah.viera@cityofdenton.com
Assist. Director Environmental Services
Security Level: Email, Account Authentication
(None)
Sent: 8/4/2021 4:08:07 PM
Electronic Record and Signature Disclosure:
Accepted: 8/4/2021 3:59:45 PM
ID: 43b77869-71e5-43cf-af51-1e64cc596c82
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 8/4/2021 4:08:07 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/27/2021 3:52:36 PM
Certified Delivered Security Checked 8/4/2021 4:07:26 PM
Signing Complete Security Checked 8/4/2021 4:08:05 PM
Completed Security Checked 8/4/2021 4:08:07 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
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If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Dustin Tyler Fair, Stephen D. Gay, Debra Viera
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
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To let us know of a change in your e-mail address where we should send notices and disclosures
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To request delivery from us of paper copies of the notices and disclosures previously provided
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