2005-349
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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.
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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;
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(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.
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