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2005-349 , . - - r , S:\Our Documcnts\Ordinances\05\Denton PSAI' Ord.doc ORDmANCENO. 200~-3~q AN ORDmANCE APPROVmG AND AUTHORlZmG THE CITY MANAGER TO EXECUTE AN mTERLOCAL AGREEMENT WITH THE DENCO AREA 91 I DISTRICT RELATING TO THE DENTON PUBLIC SAFETY ANSWERmG POmT; AND PROVIDmG AN EFFECTIVE DATE. WHEREAS, the Denco Area' 911 District ("Denco") is a duly organized political subdivision in the State of Texas engaged in providing the enhanced 911 equipment network for emergency services for the benefit of citizens within its jurisdiction; and WHEREAS, Denco and the City desire to establish the Denton Police Department as the primary Public Safety Answering Point ("Denton PSAP"), which will receive 911 calls that originate from areas within and from areas outside of Denton's corporate boundaries and the City would handle all 911 calls in accordance with the procedures adopted by the City and Denco and with the statutes of the State of Texas; and WHEREAS, Denco will provide the Microwave Radio Network System ("Microwave System") for the purpose of establishing enhanced communications in the geographical area served by Denco; and WHEREAS, the City Council deems it in the public interest to enter into an agreement which allows the City and Denco to install Microwave System equipment at the Denton PSAP; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAmS: SECTION 1. The findings set forth il) the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as iffully set forth herein. SECTION 2. The City Council hereby approves and authorizes the City Manager, or his designee, to execute an Interlocal Agreement between the City of Denton and Denco relating to the establishment of a Denton PSAP, in substantially the form of the Interlocal Agreement which is attached to and made a part of this Ordinance for all purposes. SECTION 3. The City Manager, or his designee, is authorized to make all expenditures and take all actions necessary to implement the terms and conditions of the attached Interlocal Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. S:\Our Documcnts\Ordinances\05\Dcnton PSAP Ord.doc PASSED AND APPROVED this the 1.5lh. day of V( Ihl-Unk/ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWm M. SNYDER, CITY ATTORNEY By:q~rq Page 2 of2 ~~cL ,2005. EULINE BROCK, MAYOR THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL AGREEMENT TO SERVE AS A DENCO AREA 9-1-1 DISTRICT PUBLIC SAFETY ANSWERING POINT This Interlocal Agreement (the "Agreement") is entered into by and between the City of Denton ("the City") and the Denco Area 9- I - I District ("Den co"), both entities being located in Denton County, Texas, and hereinafter referred to collectively as the "Parties." The Partics execute this Agreement as hereinafter provided, pursuant to the Texas Government Code, Chapter 79 I, known as the Interlocal Cooperation Act, and the Health and Safcty Code, Scction 774.003: WHEREAS, Denco is a duly organized political subdivision of the State of Texas engaged in providing the enhanced 9- I -I equipment network for emergency services for the benefit of the citizens of Denton County; and WHEREAS, the City is a home-rule municipality engaged in providing ambulancc and emergency service and related services for the benefit of the citizens within its jurisdiction; and WHEREAS, Denco and the City desire to establish the Denton Police Department as the primary Public Safety Answering Point ("Denton PSAP"), and as more particularly described in Exhibit "A" attached to and made a part of this Agreement, within the Denco Enhanced 9-1-1 System; and WHEREAS, in general, the Denton PSAP will receive 9-1-1 calls that originate from areas within and from areas outside of its corporate boundaries. In any instance, without regard to the point origination of the 9-1-1 call, the Denton PSAP ah'TeeS to handle all 9-1-1 calls in accordance with procedures adopted by the City, Denco and the statutes of the State of Tcxas; and WHEREAS, Texas Government Code Chapter 791 authorizes local governments to enter into contracts with other local governments to perforrn governmental functions and services in accordance with the statute cited herein and the terrns of this contract; and WHEREAS, both Parties are authorized to perforrn the services contemplated herein as a governmental function and each Party accepts the consideration expressed herein as reasonable and adcquate. NOW, THEREFORE, Denco and the City for the mutual consideration hereinafter stated, agree as follows: I. Terrn. The Terrn shall commenee as of the date the last Party executcs this Agreement. Thc Agreement shall be for a terrn of one (I) ycar and shall automatically renew for successive one year terrns unless otherwise terrninated as specified herein. 2. Owncrship. The City agrees that the 9-1-1 cquipmcnt installed or placed at the Denton PSAP rcmains the property of Denco. 3. Damages to Equipment. Denco shall bc rcsponsible for any damage to the equipment that Denco or its authorized agents, who have been approved in writing by the City, have installed or placed at the Denton PSAP, including norrnal wear and tear usage and/or loss, unless such damage is eaused by an aet or omission of the City. 4. Opcration, Maintenance and Modification of System and Equipment. Denco agrees to install, operate, maintain and manage the databasc, nctwork and cquipment managemcnt for thc 9-1-1 system hardware, softwarc and microwave systems equipment installed at the Denton PSAP. Thc City agrees that Denco staff or its authorized agents, who have been approved in writing by the City, shall be thc only personncl authorizcd to maintain, modify, move or change the configuration of the 9-1-1 equipment installed at thc Denton PSAP without written perrnission from Denco. This shall include the installation and maintenance of all hardware, software, and mierowave systems equipment other than that approved in writing by Denco. 5. Aecess. The City agrecs to provide immediate, unrcstrietcd acccss to Dcnco staff, or its authorized agents, who have been approvcd in writing by the City, to the 9-1-1 equipmcnt, the microwave systcms equipment, and the 9- I - I telephone demarcation point. Deneo ah'Tces to provide timcly prior notice to the City for need of access to said equipment. It is understood that in the case of an cmcrgency, sueh prior notiee may not be possible. 6. PSAP Operations. The City agrces to provide PSAP operations on a twenty-four hour a day basis and to staff the Denton PSAP with trained Telecommunicator(s) whose training meets the standards sct by the City, Denco and the State of Texas. 7. Training. Denco agrees to providc training for 9- I - I telecommunicators, not to include payment for the telceommunicators' time, bcnefits, and travel. The City agrees to partieipate in all equipment-training classes required by Denco. The salary of any personnel attending training shall be thc responsibility of the City. 8. Aeeommodations for Equipment. The City agrees to make reasonable modifications, such as providing the necessary dedieated electrical circuits and outlets, physical space, and any other reasonable requirements to allow for the installation of the 9-1-1 equipment and mierowave systems equipment. 9. Alternate Powcr Source. The City agrees to provide an alternate power source (generator) for the 9- I - I equipment and microwave systems equipment, to test this alternate source under load on a monthly basis, and to maintain such equipment in good working order. 10. Alternate Telcphonc Svstem. Denco agrces to provide at the Denton PSAP an alternate telephone system, with suffieient telephone numbers and instruments as agreed to by the 2 City and Denco, to receive 9-1-1 calls in the event of a 9-1-1 system failure or overload. Denco will test the alternate telephone system on a regular basis. II. System Problems. Denco agrees to provide PSAP management with procedures for reporting problems with the 9-1-1 system, including means for escalation. 12. Errors. The City agrees to report all 9-1-1 database and routing errors as they occur through the electronic means provided by Denco. Denco shall be responsible for the resolution of all 9-1-1 system errors. 13. Denton PSAP Relocation. The City ai,'l'ees that the 9-1-1 equipment, including, but not limited to, an ECS 1000 switch or any other Denco-owned telecommunications equipment and the microwave systems equipment that is installed or placed at the PSAP location, shall not be removed, moved, or modified from its installed location or disconnected or modified or restricted in its operation without one hundred and eighty (180) days advance written prior notice to Denco for Denco to act on the change. The City agrees that it will give Denco one hundred and eighty (180) days advance written prior notice of the expiration of any lease that may be applicable to the PSAP location or of any sale of the PSAP location or of any proposed change or restructure of the PSAP location so that Denco will have one hundred and eighty (180) days to relocate or move the 9-1-1 equipment and the microwave systems equipment. The City agrees to maintain power supply and temperature control until Denco makes the change. If the equipment is not moved or relocated within said time frame, the City may move or relocate the equipment, or cause such work to be done, at Denco's expense. The costs, charges, and expenses incurred in moving or relocating the equipment, or having such work done, shall be a charge to Denco. Denco shall pay for such costs, charges, and expenses within thirty (30) days after the City submits a bill to Denco. The City shall not be responsible for any damage to the equipment which results from moving or relocating the equipment, or causing such work to be done. 14. Manual All Ouery. The City agrees to comply with the attached guidelines, marked as Exhibit "B" and incorporated in this agreement for all purposes, for use of manual Automated Location Identification ("All") Query and agrees to execute the attached letter, marked as Exhibit "c" attached hereto requesting the service from the 9-1-1 database provider. 15. Confidentiality. The City and Denco agree that certain information provided through the 9-1-1 system is confidential and agree not to disclose such information to the extent allowed by state law. Any release of this information in compliance with an Attorney General's Opinion or a court order will not be considered a breach of this Agreement. 16. Termination. In the event that either Party desires to terminate this Agreement, the desiring Party shall give written notice thereof to the other Party one hundred and eighty (180) days prior to the expiration of the then in effect one year term. Upon termination, Denco shall promptly remove all equipment installed or placed at the Denton PSAP and shall repair any damage cause by such removal. Denco will have one hundred and eighty (180) days to remove the equipment. Ifthe equipment is not removed within said time frame, the City may remove the equipment, or cause such work to be done, at Denco's expense. The costs, charges, and expenses incurred in removing the equipment, or having such work done, shall be a charge to Denco. Dcnco shall pay for such costs, 3 charges, and expenses within thirty (30) days after the City submits a bill to Denco. The City shall not be responsible for any damage to the equipment which results from removing the equipment, or causing such work to be done. 17. Governmental Immunity and Responsibility. The Parties acceptance of certain responsibilities relating to the rendering of public safety services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent possible under the law. Neither of the Parties waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. Each Party shall be responsible for the acts and negligence of its own officers, employees, agents and volunteers engaged in the performance of this Agreement. Each Party shall also bc responsible for any property damage or bodily injury caused by their equipment located at the Denton PSAP and for any property damage or bodily injury caused by any act or omission by their officers, employees, agents and volunteers. Each Party further agrees to waive all rights of subrogation against the other Party for losses arising from work performed by either Party at the Denton PSAP. Any contractor or third party hired or utilized by a Party for work on the Microwave System shall comply with the insurance rcquirements set forth in Exhibit "D". 18. Notices. Except as may be otherwise specifically provided, all notices required or permitted under this A!,'Teement shall be in writing and shall be deemed delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the parties at the respective addrcsses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. The City: Michael A. Conduff City Manager 215 E. McKinney Denton TX 76201 Denco: Mike Pedigo Denco Area 9-1-1 District P.O. Box 293058 Lewisville, Texas 75029-3058 19. Venue and Governing Law. The Parties agree that if legal action is brought under this Agreement, exclusive venue shall lie in the Courts of Denton County, Texas, and its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. 20. Severability. In case anyone or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not 4 affect any other terms, sentences, paragraphs or provisions thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained here. 21. Amendments. This A!,'Teement rnay be amended or modified only by the mutual agreement of the Parties. Such amendment or modification must be in writing and executed by an authorized representative of each Party. 22. Counterparts. This Agreement may be executed in multiple counterparts and shall be binding on and endure to the benefit of each Party and each counterpart shall be deemed an original for all purposes when duly authorized by the governing body of each Party and signed by such Party's duly authorized representative. 23. Entire Agreement and Prior Agreements Superseded. This Agreement represents the entire and integrated agreement between Denco and the City and supersedes any prior understandings, negotiations, representations, or written or oral agreements between the parties respecting this subject matter. 24. Binding Nature. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by this Agreement. 25. Other Instruments. The parties agree that they will execute any other instruments and documents that may become necessary or convenient to etIectuate and carry out the Project contemplated by this Agreement. 26. No Oral Commitments. This Agreement contains all commitments, agreements, warranties and representations of the Parties. Any oral or written commitments, agreements, warranties or representations not contained herein shall have no force or effect to alter any term or condition of this Al,'Tccment. 27. Gender. Whenever the context shall require, all words in this Agreement in any gender shall be deemed to include the masculine, feminine, or neuter gender, all singular words shall include the plural, and all plural words shall include the singular. 28. Signatories. The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this A!,'Teement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect. 29. Payment for Performance of Governmental Functions. performance of governmental functions or services must current revenues available to the paying Party. Each Party paying for the make those payments from 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be etIective from the last date signed and marked on this Agreement by a participating Party. CITY OF DENTON ~~ MICHAEL . CON , CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~;:t~ ~ \:19" ) APPRO D AS L~EGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY APPROVED BY DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS, DENTON COUNTY, TEXAS: BY: ~~~ Mike Pedigo, E ECUTIVE DIRECTOR DATE: //- ~-"?J ,.- ATTEST: (lw-e- ~~ Carla Flowers, BUSINESS MANAGER APPROVED AS TO FORM: 6 EXHIBIT "A" LOCATION OF DENTON PSAP The Denton PSAP is located 601 E. Hickory St., Denton. The equipment installed at the PSAP includes, but is not limited to: · 9-1-1 integrated (Telephone, IRR, and TTY) computers workstations and monitors. . Network rack(s) and/or enclosures in equipment room. · Server(s), network switch, routers, and a printer. Printer supplies are responsibility of Denton PSAP. · 9-1-1 controller(s) ["ECS-IOOO"] hosting Denton, Denton County, Lake Dallas, Roanoke, TWU, and UNT PSAPs. · Microwave radios, digital cross-connects, channel banks, and associated peripherals. 7 EXHIBIT "B" MANUAL ALl OUERY DESCRIPTION: Manual ALl Query is a service that allows a telephone number to be manually input at an E9.1-1 answering position and cause the retrieval and display of the Automatic location Identification record for the number for the E9.].1 database. GUIDELlNES: Manual ALl Ouerv Mav Be Provisioned Under The Conditions · The 911 customers must apply for the feature in writing. The application shall include acknowledgment by the 911 customer and the PSAP(s) of these guidelines and tariff provisions related to ALl access. · The PSAP must be equipped with CPE that is compatible with the FT/ALl host computer using the existing protocol for identifying manual queries. · Any information obtained from the E9.1.1 ALl database in connection with an emergency call shall be used solely for the purpose of handling and responding to emergency calls in a manner consistent with the nature of the emergency. · Any permanent record associating a subscriber's telephone number with his name or address shall be secured by the PSAP and disposed of in a manner that will retain that security. . Use of this feature and the information obtained is restricted to circumstances where quick response to an in-progress emergency would be aided by having the ALl data for a telephone number associated with the emergency situation. 8 EXHIBIT "C" APPLlCA nON LETTER (FOR NON-SBC-PROVIDED CPE AT PSAP) Dear SBC: This letter is to request SBC to enable the "Manual ALl Query" feature at The City of Denton, Texas Public Safety Answering Point (PSAP). The 91 I premise equipment provided by Denco Area 9-1-1 District at this PSAP has been configured to allow manual queries, and is compatible with the manual ALl query protocol of the SBC FT/ALI system. It is further acknowledged that a test of the compatibility with the FT/ALI protocol shall be performed with the participation of SBC personnel in conjunction with the activation of this feature, and that SBC shall have ongoing access to the PSAP for testing when required to resolve maintenance issues. This PSAP needs to be able to query ALl records within the community of Denton, Texas, defined in your 911 database as ESN(s) 405, 428, 448, 453, 456. Denco Area 9-1-1 District and the City of Denton, Texas operator/user of the PSAP, fully understand and agree to comply with the terms and conditions contained in SBC's E9ll service tariff (Sec. 34, Gen. Exch. Tariff) and the conditions specified in SBC's letter to CSEC dated November 28, 1995 under which this feature may be provisioned. Acknowledgment signatures by authorized representatives of contracting 911 agency and PSAP: ~ Name J#;t ~ /' Mike Pedigo Executive Director (!/J-y (fIl1fJ1jt-f Title Denco Area 9-1-1 District Citv of Denton ...- //-'7-17<, Date //-/.')-os- Date 9 Exhibit D CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It 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 fails to comply strictly with the insurance requirements, that 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 clarification 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 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. . Any deductib1es or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductib1es 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. S:\OUT Documents\Miscellaneous\insurance requirments $1 m & 5K.doc . 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 ofliability. . All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". . 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. S:\Our Documents\Miscellaneous\insurance requirments $1 m & 5K.doc 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. Geueral Liability Iusurance: General Liability insurance with combined single limits of not less than $1.000.000.00shall 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 $500.000.00 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. S:\Qur Documents\Miscellaneous\insurance requirments $1 m & 5K.doc 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 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 I in accordance with g406.096 of the Texas Labor Code and rule 28T AC II 0.11 0 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. S:\Our Documents\MiscelJaneous\insurance requirments $lm & SK.doc [ ] Professional Liability Insurance Professional liability insurance with limits not less than respect to negligent acts, errors or omissions in connection services is required under this Agreement. per claim with with professional [ ] Builders' Risk Insurance 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. [ ] 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. S:\OUT Documents\Miscellaneous\insurance requinnents $lm & 5K.doc ATTACHMENT 1 [XI 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 govemmental entity. Persons providing services on the project ("subcontractor" in g406.096) - 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. S:\Our Documents\Miscellaneous\insurance requirments $1 m & 5K.doc 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 governrnental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a proj ect, and provide to the governrnental entity: (1) a certificate of coverage, prior to that person begilliling work on the project, so the governrnental 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 proj ect. 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 governrnental entity in writing by certified mail or personal delivery, within IO 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 malliler 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. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (l) 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 begilliling 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; S:\Our Documents\Miscellaneous\insurance requirments $Im & 5K.doc (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 person for whom they are providing services. 1. 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. S:\Our Documents\Miscellaneous\insurance requirments $1 m & 5K.doc