2007-141ORDINANCE NO. ~~r/
AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE
EXPENDITURE OF FUNDS FOR THE PURCHASE OF THE HARRIS COMPUTER
SYSTEMS' PUBLIC UTILITY BILLING UPGRADE TO NORTHSTAR V6.X, AND
ASSOCIATED SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTNE DATE (FILE 3825-PURCHASE OF NORTHSTAR
V6.X UPGRADE FOR HARRIS PUBLIC UTILITY BILLING AWARDED TO
HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $43,740).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE C[TY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3825 Harris Computer Systems $43,740
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized. ,
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the ~ day of tG~~~ 2007.
~' "'' C~~
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~ -
3-ORD- j 3825
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
FILE NO. ~a~~
THIS CONTRACT is made and entered into by and between Harris Computer
Systems, whose address is 1 Antares, Suite 400 Nepean, Ontario Canada K2E 8C4, hereinafter
referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal
corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City
Council and subsequent execution of this Contract by the Denton City Manager or his duly
authorized designee.
For and in consideration of the covenants and agreements contained herein, and for [he
mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
Contractor shall provide all labor necessary to provide the City with support in the areas
pertaining to the Utility Billing upgrade from v5.2.19 to v6. These services shall be provided in
accordance with the Contractor's proposal in response thereto, a copy of which is attached hereto
and incorporated herein for all purposes as Exhibit "A". The Contract consists of this written
agreement and the following items, which are attached hereto and incorporated herein by
reference:
(a) Contractor's Proposal (Exhibit "A");
(b) Insurance Requirements. (Exhibit "B");
(c) Form CIQ - Conflict of Interest Questionnaire (Exhibit "C").
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to [he written agreement then to the contract documents in [he order in which
they are listed above. These documents shall be referred to collectively as "Contract Documents"
II.
TIME OF COMPLETION
t
Contractor agrees and covenants that all work hereunder shall be complete within 150 ~ :.,
days (150) days, with start date of September 14, 2007. ,
Or
III.
TERM OF CONTRACT
The initial term of this Contract shall be determined by mutual agreement of both parties.
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IV.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by
Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement and the Contractor's
proposal attached hereto and incorporated herein as Exhibit "A". Contractor warrants that the
goods and services provided to City under this Agreement shall be free from defects in material
and workmanship, for a period of one (1) year commencing on the date that City issues final
written acceptance of the project.
V.
PAYMENT
Payments hereunder shall be made to Contractor, 50% at time of software installation
with the remaining 50% at the time of v6 application training and within thirty (30) days of
receiving Contractor's invoice for the products and services delivered. Total compensation under
this contract shall not exceed the sum of forty three thousand, seven hundred forty dollars and no
cents ($43,740.00).
Contractor recognizes that this Contract shall commence upon the effective date herein
and continue in full force and effect until termination in accordance with its provisions.
Contractor and City herein recognize that the continuation of any contract after the close of any
given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year,
shall be subject to Denton City Council approval. In the event that the Denton City Council does
not approve the appropriation of funds for this contract, the Contract shall terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no further obligations
hereunder.
VI.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall
be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses
arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII.
INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set
forth herein.
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VII.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstances in
the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its
own cost and expense.
VIII.
INDEMNIFICATION
Contractor shall release, defend, indemnify and hold the City, its elected officials, officers
and employees harmless from and against all claims, damages, injuries (including death),
property damages (including loss of use), losses, demands, suits, judgments and costs, including
attorney's fees and expenses, in any way arising out of, related to, or resulting from the services
provided by Contractor under this Agreement or caused by the negligent act or omission or the
intentional act or omission of Contractor, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Contractor is legally responsible
(hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims.
[n the event the City is a named party to a suit arising out of the subject matter of this
Contract, [he City shall have reasonable input into the selection of defense counsel to be retained
by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves
the right to provide a portion or all of its own defense; however, City is under no obligation to do
so. Any such action by City is not to be construed as a waiver of Contractor's obligation to
defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract.
Contractor shall retain defense counsel within seven (7) business days of City's written notice
that City is invoking its right to indemnification under this Contract. If Contractor fails to retain
counsel within such time period, City shall have [he right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by City.
IX.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect Contractor or the work, and shall indemnify and save harmless City against any claim
related to or arising from the violation of any such laws, ordinances and regulations
whether by Contractor, its employees, officers, agents, subcontractors, or representatives.
If Contractor observes that the work is at variance therewith, Contractor shall promptly notify
City in writing.
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X.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton
County, Texas, and that exclusive venue shall lie in Denton County, Texas.
XI.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, that this Contract shall not be assigned or sublet without the prior written consent of
City, and that no part or feature of the work will be sublet to anyone objectionable to City.
Contractor further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Contractor from its full obligations
to City as provided by this Contract.
XII.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an ihdependent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondent superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Contractor.
XIII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for [he duration of the contract insurance coverage
as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated
herein by reference. Contractor shall provide a signed insurance certificate verifying [hat [hey
have obtained [he required insurance coverage prior to the effective date of this Contract.
XIV.
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays
from any cause during the progress of any portion of the work embraced in this Contract.
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XV.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter,
and City Code of Conduct regarding prohibited interests and that the existence of a prohibited
interest at any time will render the Contract voidable. Contractor has executed the Affidavit of
No Prohibited Interest, attached and incorporated herein as Exhibit "C".
XV[.
SEVERABILITY
The provisions of [his Contract are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Contract. However, upon the occurrence of such event,
either party may terminate this Contract by giving the other party thirty (30) days written notice.
XVII.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate
further work under this contract, in whole or in par[ by giving a[ least thirty (30) days prior
written notice thereof to Contractor with the understanding that all services being terminated
shall cease upon the date such notice is received and provided the City pays Contractor for any
services delivered to date, and to expiry of the 30 day written notice.
XVIII.
ENTIRE AGREEMENT
This Contract and its attachments embody the entire agreement between the parties and
may only be modified in writing if executed by both parties.
XIX.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree
[ha[ the Contract shall not be construed more favorably for either party.
XX.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
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XXI.
HEADINGS
The headings of this Con[rac[ are for the convenience of reference only and shall not
affect in any manner any of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties have executed this Contract by signing below.
Harris C(~o~mputer~,System\~s, /
By: l~-~ ~V"~
Name: `Zc)bu'~ lam, tM~~YU
Date: ~)vtvc 2~ ,ZOOM
Date: U ~ ~~
ATTEST:
J IFER WALTERS, ITY SECRETARY
BY
APP VED TO LEO_AL FORM:
IDWIN M. SNYDER, CITY ATTORNEY
B
Title: E~ , lkwmc s . Nor~^~ Vt v5 r~s7t'W\a~n
A~
CITY OF DENTON, TEXAS ~
i1'
By: ~ ~-~
GEOIi,GE C. Cl1~BELL, CITY MANAGER
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NHRPlNAFTa0.CAllFn °HAHHrS"
BILLING ADDRESS
The Gity of Denton
Denton, TX
Charles Atkinson
1 Antares, Suitc 400 Nepean, Ontario Canpdp K2E SC4
(613)226.5511 Fax~(613)226.1377
SALES QT70TATIOIV
May 3, 2007
v3.2.19 to vb upgrade License Fee Qty Services Fee Anooal SW
Maintenance Annual 3PL
Maintenance
Project Manpgement 5 days $7,SOD
Implemeatadon Support 10 days 515,000
On-site consulting 1Ddoys $13,000
2omnle software installation 2 days $3,000
TOTAL $40,500
PROJECT TOTAL S40,S00
ANNUAL MAINTENANCE No change
DU07ATION & PAYMENT TERMS
- Quote valid for 00 days from date of Issue
• 50% due on issue of PO
- SO%due on l"day of training
NOTES AND AT1"ACHMBNTS
Travel relatod expenses will be billed as incurred,
WeeKend acllVlty wlll be billed at an addldpnal y750 per
day
Denton will qe responsible for providing adequate servers
Trelning will be achndWad for October, 2007
Far addlllonal Informafion, please contact: Kimberly Williams
678.428-1699 cell
kwilliams anhamiscomouter.com
ACCEPTED BY:
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EXHIBIT B
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. /t is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fai/s to comply strictly with the insurance
requirements, Ihat bidder may be disqualified from award of the contract Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
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.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clnri~cation of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
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 genera! specifications, and shall be maintained in compliance with these
genernl 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 a[ least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, [he 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 tosses and
related investigations, claim administration and defense expenses.
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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.
All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE W/TROUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM /N
WHICH CASE 10 DAYS ADVANCE WRITTEN NOT/CE !S REQUIRED ".
• Should any of the required insurance be provided under aclaims-made form,
Contractor shall maintain such coverage continuously throughout the term of [his
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 no[ reinstated, City may, at its sole option, terminate [his
agreement effective on the date of the lapse.
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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.rpecifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
Geneml Liability insurance with combined single limits of not less than $500,000
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.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $300,000.00 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.
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[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's 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 Worker's
Compensation Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
[ ] The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] . Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Ihsurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
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[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
~XJ Worker's 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 [he 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 tamers, 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 [he duration of [he 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 [he 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:
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(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.
F. The contractor shall retain all required certificates of coverage for the duration of [he
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ] 0 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, too:
(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 [he 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 [he 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
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(b) anew 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 [hat
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 person for whom they are providing services.
J. By signing [his contract or providing or causing [o 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 aself-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 brcach within [en days after receipt of notice of
breach from the governmental entity.
H:\Coniracts\NEW FORM FOR CONTRACTS\Hards 6.0\Hards 6.0 Contract Agreement Services.doc
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ EXHIBIT C
For vendor or other person doing business with local governmental entity
This questionnaire is being fled in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity. OFFICE USE ONLY
By law this questionnaire must be filed with the records administrator of the local Date Received
government not later than the 7th business day after the date the person becomes
aware of facts that require the statement to be filed. See Section 176.006, Local
Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1 Name of person doing business with local governmental entity.
Judy Richards - Sr. Application Consultant -
2
Check this box if you are filing an update to a previously filed questionnaire. .
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who
makes recommendations to a local government officer of the local governmental entity with respect to expenditure of
money.
NONE
4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
H:\COntracls\NEW FORM FOR CONTRACTS\Harris 6.0\Hards 6.0 Contract Agreement Services.doc
arenee0 Ot/13200fi
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only
if the Answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the f tier has affiliation or
business relationship. Attach additional pages to this Form CIq as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
a Yes ~ No
B. Is the f ter of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government offcer named in this section AND the taxable income is not from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes ~ No
D. Describe each affliction or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest.
7
Signature of person doing business with the governmental entity Date
Anentletl Otn3/i006
H:\Contracts\NEW FORM FOR CONTRACTS\Hards 6.0\Harris 6.0 Contract Agreement Services.doc
ClienhR: 81069
38HARRISCOMP
ACORDIM CERTIFICATE OF LIABI LITY INSURANCE o °""""'
osiie
i
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
J Smith Lanier 8 Co-Huntsville ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P
O
Box 6087 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
.
. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Huntsville, AL 35813-0087
256 890-9000 INSURERS AFFORDING COVERAGE NAIC tl
INSURED INSURER A: Hartford InSHran C@ GIODp
N. Harris Computer Corp.
INSURER B:
DBA Harris Computer Systems
wsuRER c.
1 Antares Drive, SUlte OOO
INSURER D'.
Ottawa, ON K2ESC4
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OFINSURANLE POLICY NUMBER POLICY~MFECTVE POOLAICY M~PI pTION LIMRS
GENERAL LNBILRY EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY E
CLAIMS MADE ^ OCCUR MEO E%P (Any ono person) $
PERSONAL 8 ADV INJURY b
GENERAL AGGREGATE E
GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG E
POLICY jEo- LOC
AUT OMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea acckenq E
ANY AUTO
ALL OW NED AUTOS BODILY INJURY
(pe, perw°) E
SCHEDULED AUTOS
HIRED AUTOS
'
80DILY INJURY
(Par acdtlenU b
NON-OWNED AUTOS
DAMAGE
D
(Pe
r acotlen $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANV AUTO OTHER THAN EA ACG E
AUTO ONLY: qGG $
E%CESSNMBRELLA LIABILITY EACH OCCURRENCE E
OCCUR ~ GIAIMS MADE AGGREGATE E
b
DEDUCTIBLE $
RETENTION $ E
A WORKERS COMPENSATION AND 21WEORU3944 07/08107 07/08108 ~( WC STgTU- OTH-
EMPLOYERS' LIABILRY E.L. EACH ACCIDENT E1 DDD DDD
ANV PROPRIETOR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
EL DISEASE-EA EMPLOYEE
E1,000 000
P
tl t OOO OOO
ECIAL PROVIS
IONS below
S E.L. DISEASE-POLICY LIMIT E
OTHER
DESCRIPTION OF OPERATIONSI LOCATIONS/VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROWSIONS I
City of Denton
Technology Services Dept
601 East Hickory Street, Suite A
Denton, TX 76205
A!`(\D119S 19111N IR9\~ _tn ucue-ie uuueseo
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL ~fL DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
iE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED
Dnu n ACf\Rn
~.;.
IMPORTANT
If the certifcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certifcate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 certifcate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S (2001/081 2 of 2 BSdf R73d/Md1 R7i2
CERTIFICATE OF INSURANCE
NAMED INSURED This certificate is issued as a matter of information only and wnfers no rights
upon the certificate holder. This certificate does not amend, eMend or alter
N.'HARRISCOMPUTERCORPORATION thecoveraeatfordedb the oliciesbelow.
1 ANTARES DRIVE, SUITE 400 INSURANCE COMPANIES AFFORDING COVERAGE
ONTARIO COMPANY
OTTAWA
,
K2E 8C4 A Chubb Insurance Company of Canada
CERTIFICATE HOLDER COMPANY
B
CITY OF DENTON COMPANY
TECHNOLOGY SERVICES DEPARTMENT ~
601 EAST HICKORY STREET, SUITE A COMPANY
D
DENTON,TX
76205
ATTENTION: BOBBIE ARASHIRO
COVERAGES
This is to certHy that the policies of insurance listetl below have been issuetl to the insured named above for the policy period indicated, notwithstanding any requirement,
tens or condition of any contract or other document wdh respect to wTich this certificate may be issued or may pertain. The insurance aRaMed by the policies described
herein is subject to all the terms, exclusions and conditions a/ such policies.
LIMITS ARE IN CANADIAN DOLLARS UNLESS INDICATED OTHERWISE.
LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS.
TYPE OF INSURANCE CO POLICY NUMBER POLICY POLICY LIMITS OF LIABILITY
LTR EFFECTIVE DATE E%PIRATION DATE
/MM/DD VY/MM/DD
COMMERCIAL GENERAL LIABILITY $ 1,000,000 EACH OCCURRENCE
^ CWMS ® OCCURRENCE A 35780046 ZOOS/09/27 2007/09/27 $ 10
000
000 GENERAL AGGREGATE
MADE ,
,
® PRODUCTS AND/OR COMPLETED
OPERATIONS
$ 1
000
000
PRODUCTS-COMPLETED
,
, OPERATIONS AGGREGATE
® EMPLOYERS LIABILITY $ 1,000,000 PERSONAL INJURY
® CROSS LIABILITY C 1,000,000 ADVERTISING LIABILITY
® TENANT'S LEGAL LIABILITY $ 1,000,000 TENANT'S LEGAL LIABILITY
^ OTHER (speury)
NON-0WNED AUTOMOBILE A 35780046 2D06/09/27 2007/09/27 $ 1,000,000 EACH OCCURRENCE
AUTOMOBILE LIABILITY C BODILY INJURY 8 PROPERTY
Au owNEDaLOrva TERM rEASeo
O V~ DAMAGE COMBINED '
AUTOMOBILES N
T
^ SCHEDULED ^ BLANKET APPLICABLE $ PHYSICAL DAMAGE
DEDUCTIBLE
EXCESS LIABILITY $ 14,000,000 EACH OCCURRENCE
® „MeREru ~ o.HER A (02)79219492 2006/09/27 2007/09/27
nccREGATE
$ 14,000,000
OTHER (speury) NOT $
APPLICABLE
PROPERTY BROAD FORM DEDUCTIBLE
^ REPLACEMENT ^ ACTUAL NOT
cosy cASH VALUE APPLICABLE
EQUIPMENT BREAKDOWN NOT
sTANOaao ExTErvoeD APPLICABLE
^ COMPREHENSIVE
COMPREHENSIVE
^
DESCRIPTION OF OPERATIONS /LOCATIONS /SPECIAL PROVISIONS:
BROKER CANCELLATION
The CG&B GfOUp InC. Should any o(the above described policies De cancelletl before the expiration date
120 SOUfh Town Centfe BIVd thereof, the issuing company will endeavour to mail 15 days written notice to the
. certificate holder nametl above. Failure to mail such notice shall impose no obligation
Markham, ON L6G 1 C3 or liability of any kind upon the company, its agents or representatives.
SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT NAME DATE (VVVV/MM/DD)
.~`U1L.r/~/V Allison Posen 2007/06/15
TK (/I 5109 10:41 MI