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Home My WebLink AboutC-COM AFFINITY TELECOM - CONTRACT - AGREEMENT MISC - C-COM AFFINITY TELECOMSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS. COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Affinity Telecom, Inc; doing business as C-COM, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. The Implementation Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Implementation Date attached hereto as Exhibit "C" Cost and Implementation Spreadsheet (subject to the provisions of Section 2 of Exhibit A "Scope of Work"), consisting of four (4) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Officewill be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To SA Jwuary 2005 ACORD CERTIFICATE OF LIABILITY INSURANCE i °aoenorm°' TM. PRODUCER Phone: (303) M3-166S X203 Fax: (303) M3-7801 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION MEYERS & COMPANY PROPERTY CASUALTY LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3223 ARAPAHOE AVE., STE. 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BOULDER CO 80303 _ —ALTER THE COVERAGE AFFORDED 9Y THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC A INSURED INJUKLK A: "AK I FLJKIJ %,ASUAL 1 T I WOUKAIVUr AFFINITY TELECOM, INC. INSURER B: HARTFORD FIRE INSURANCE CO. DBA C-COM 4745 WALNUT ST., STE 300 INSURER C: BOULDER CO 80301 INSURER D .. INSURER I_ THE,POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY ReQU1REMENi. TERM OR CDNATTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOR AM TYPE OF B13URANCE POLICY NUMBSR PaLm EFFECTIVE POLICY EXPIRATIAM SIT$ A GENERAL W0ILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EMPLOYMENT PRACTICES UAS 34 SBA PA2491 . 10/01/04 10/01/05 EACH OCCURRENCE S 1,000,000 X OAMAOETORtNRD PREMISES aocq� S 300,000 MEO. EXP (Any on person) S 10,000 X PERSONAL d AM INJURY S 1,000,000 GENERAL AGGREGATE 3 2,000,000 GENLAGGREGATE LIMIT APPLIES PER POLICY JeCT LOC PRODUCTS-C:OMPIOP AGC. S 2,000.000 A AUiDMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULEOAUTOS HIRED AUTOS NON.OWNED AUTOS 34 SBA PA2491 10/01/04 10101105 - COMBINED SINGLE LIMIT (Ea seddem) S 1,000,000 ODDLY INJURY (PW parson) $ X aoDRr INA/Rr (Peraxyent) c X PROPERTY DAMAGE Per aoaident $ GARAGE LIABEJTY ANY AUTO _ AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDVCTIBLE RETENTION S - EACH OCCURRENCE - S AGGREGATE $ S S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPMETORWAR"IDUEUSCUYNE OFFICIUMEMEe1 EXCLUDED? R?aa, aumOe enan. a►ECIAL PROYWONt aNMr . YA: BTAT11- OTHER roav LIMRs E.EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ B OTHER INLAND MARINE - COMPUTER & ELECTRONIC EQUIPMENT 34 MS RA5548 10/01M4 10/01/05 $1,038,782 DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF FT COLLINS IS NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO THE GENERAL LIABILITY AS THEIR INTEREST MAY APPEAR. CERTIFICATE HOLDER CANCELLATION CITY OF FT COLLINS ATTN: ED BONNETTE SSIOULD ANY OF THE ABOVE DESCIIBE6 POUc=-s BE cAkmELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 RAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE PO BOX Sao TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER FT COLLINS, CO 80522 IT'S AGENTS OR REPRESENTATIVES. AUTHORQE0 REPRESENTATIVE Attention: 9TO-221-GTOT ';TOSS ACORO 26 (2001108) CaMficate # 2573 0 ACORD CORPORATION 1988 - - -- I --- I---- --- - - -- = - EXHIBIT C �_ 1-.- - �- - - -- -�- - - - - - -'--- ---' COST _L_ AND IMPLEMENTATION SPREADSHEET -� 3W b 16001 T1 24.HC)MO376M LOCU"d 760. 30575 300.23 MOO Nov~ DID 3310 M30004= 3WLePwb AV F0 114. 70.00 I3:M 1.00 NOMAK CIQ1300 Lapwfe Av, CKL2 ReMO C/I 20.ffMk000066 26.3367Vw11w40r jarkwv 100A 130.20 24.10 1 WO LMOds M, CKL2 RadOCld 26RTNA.000W0 321 pub Rd 107. 00.58 16.12 C i 3W LspMe Av, CKL2 Raft CIO 20.RMOOM70 416E Av J 107 W.56 16A2 1300 LgNM Av, Radlo CM 21.RTWL0WD71 26.3WD 0401ea3 J IOT. 0056 15,42 1300 Lap ft Av, CKL2 Ra00 Cla 2➢JUNA00W72 26-100 Dw'oMWa Or ij 140.&'118.0a 21.57 1 upofw Av. Ra7oC0 26.RTNA.00W73 1515 6 J 110 116. 21.67 pQ18W upwla AV, CKL2 Radb CM 21J"WOD0074 2511 Dwfeft Ct t32.64112A2 20,30 CKLI Lopoft Av, CKL2 Raft C0 21JLTNA00W15 251? 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Mason Street PO Box 580 Fort Collins, CO 80522-0580 Dear Kathy, Cindy asked me to respond to your questions concerning C-COWs future. 1. Our present contract with Qwest ("SGAT") expires on November 26, 2005. 2. C-COM is in the process of renegotiating a new contract at this time to become effective on November 25, 2005. 3. Your rates will not be altered as a result of this new contract. 4. It is anticipated that C-COM will become facility based about the first of the year, which will result in some services being sold at lower rates. 5. Qwest will be required to continue selling C-COM services at highly discounted rates as we move into the facility based arena. This move has already begun. 6. Some internal cost increases from Qwest are anticipated. I do not see these changes affecting any of our business rates. If you would like to keep in touch with me over the next few months I will be happy to provide you with updates. In any case C-COM has no intention of raising the rates quoted to the City of Fort Collins for the Term of Contract. Fred Chernow CEO Affinity Telecom, Ina/C-COM Dear City of Fort Collins: Below is a table sample of how C-COM tracks and maintains a spreadsheet for the OPX lines and circuits provided to the City of Boulder. This table is on a database that is assessable to all C-COM employees. We will add a column for the City of Fort Collins at the end of the spreadsheet that will have the cable/pair/block information on it. C-COM cannot guarantee the accuracy of this information since the source is a Qwest database. CITY OF 303 E44- 303 C45- 1777 5660 1 BOULDER OPX 8/20/2003 29.OSNA.445752..M5 29. UCXX. 000793..MS 3673-014 4435-455 6 SIOUX 997 DR CITY OF 303 E44- 303 C45- 1777 5660 BOULDER OPX 8/20/2003 29.OSNA.495753..M5 29. UCXX.000795..MS 3674-934 4472-795 6 SIOVX 997 DR C.COM's provisioning group will provide this document at the request of the City of Fort Collins. Best gards, Cindy De rmenci EXHIBIT F - CITY OF FORT COLLINS CONTACT INFORMATION Servicq and Reaair Requests for service can be authorized and submitted by any member of the Telecom staff. They are also authorized to request status reports for open service issues. Vince Drolet Paul Simon Quentin Antrim Dick Heyman Hillary Koontz Kathy Henggeler Jeri Mael Michelle Carr Status reports for open service requests should be made to the Telecom Service Desk: 970-221-6791 This information will then be passed on to the appropriate staff member. Normal business hours are Monday through Friday - 8:00 am to 5:00 pm. In the event the line is unanswered or busy, the caller will be routed to a voicemail box where a message can be left. Non business hours are Saturday, Sunday and holiday — 5:00 pm to 8:00 am. This number is routed directly to a voicemail box where a message can be left. The mailbox will then page the on -call staff person. Account Chances Requests for additions, changes or deletions to the City of Fort Collins account will come from the following individuals. Requests from any other person are not authorized and should not be made. These individuals also serve as the primary contacts for any other account issues. Kathy Henggeler 970-221-6598 Jeri Mael 970-221-6504 Michelle Carr 970-221-6790 Service Agreement Issues relating to the service agreement between C-Com and the City of Fort Collins should be directed to the City Purchasing Office. Ed Bonnette 970-416-2247 e-mail ebonnette(cUcaov.com James B. O'Neill ll 970-221-6775 (backup) Payables Issue§ Issues relating to Accounts Payable between C-Com and the City of Fort Collins should be directed to the City Accounts Payable Representative. Alicja Miodonski 970-416-2438 e-mail amiodonskiCrD_fcaov.com Linda Brown 970-416-2441 (backup) 9/2812005 (kh) PAECBIMISMC-COM EXHIBIT F City Contact Info.doc C-Com AFFINITY EXHIBIT G C-COM CONTACT INFORMATION Escalation List Customer Care - Business Hours 800 301-0788 (Repair & Billing) Operations Manager — Jeff Zacharski - Business Hours 800 301-0798 - Direct Line 303-385-7217 - Cell Phone 303 961-0022 - Home Phone 303-926-0215 CEO — Fred Chernow - Business Hours 800-301-0788 - Home Phone 303-494-4272 In -House Escalation Process Each on -call support specialist is trained on the treating of emergency and non -emergency after hours service problems. If at any time, they find barriers to fixing the problem, the next person in the hierarchy is contacted for assistance. If at any time the customer is experiencing a problem with their point of contact, they are encouraged to contact the next person on the list if response3 is not met. Adds and Changes to Account Account/Sales Manager — Cindy Degirmenci - Business Hours 888 229-0921 - Cell Phone 303 881-8501 - Home Phone 303 423-3001 lil. Response Times — C-COM shall: Make every reasonable effort to complete Moves, Adds and Changes within the following time frames: - New Analog Service: 7-10 business days - Change Orders: 7-10 business Days - Digital Service 15-20: business days - Moving service to different address is considered "New service" and will have the same time frame as above. - Porting phone numbers from any company other than Qwest add 5 days. Handle Maintenance calls within the following time frames: During standard service hours, C-COM agrees to handle repair requests directly via incoming phone calls and respond to non -emergency maintenance issues within twenty (20) minutes of being reported and will make every reasonable effort to have Qwest respond Z, and necessary, dispatch within twenty-four (24) hours of notification or next business day when response would fall on a non -business day. "Emergency" is defined as a major malfunction, which shall consist of one or more of the following conditions: 1. No incoming or outgoing communication to or from customer premise' 2. 40% of telephone lines not working at a single location. 3. Line issues associated with Police and Fire. When notice of an Emergency is received during C-COM standard service hours, C-COM agrees to respond within thirty (30) minutes of said notification and will make every reasonable effort to have Qwest respond Z, and if necessary, dispatch within two (2) hours of C-COM's response to the customer. If customer reports an emergency during hours other than C-COM standard service hours, C-COM agrees to make every reasonable effort to have maintenance personnel dispatch within four (4) hours of said notice, twenty-four (24) hours per day, seven (7) days a week. C-COM standard service hours defined for the purpose of this agreement are 8:00 a.m. to 5:00 p.m., Monday through Friday, local time. During standard service hours a live person will always answer the customer care number. C-COM holidays are not considered standard service hours. The schedule of holidays is listed below. C-COM Holiday Schedule: New Year's Day (January 111) Presidents Day (February 21") Memorial Day (May 3011) Independence Day (July 41h) Labor Day (September 5"') Thanksgiving (November 24'h and 25'h) Christmas Holiday (December 241h thru 26') New Years Eve (December 301h) During non-standard service hours, C-COM is available by calling 800 301-0788 and leaving a message. Response3 to the message will be within thirty (30) minutes. ' "Customer Premise' as listed above is defined as: Any location end of a customer's line/circuit in which the customer has equipment or a demarcation point and the service is provided by C-COM. Z "Respond" as listed above is defined as: A phone call from C-COM support personnel to find out the details of the service problem, to give an update of repair time on an already reported problem or a call from a Qwest technician. 3 "Response" as listed above is defined as: A phone call from C-COM support personnel to find out the details of the service problem or to give an update of repair time on an already reported problem. 0 the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Notice. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins C-COM Purchasing Division 4745 Walnut Street, Suite 300 P.O. Box 580 Boulder, CO 80301 Fort Collins, CO 80522 Attn: Cindy Degirmenci, Sr. Sales Manager Attn: Ed Bonnette, C.P.M., CPPB, Buyer City of Fort Collins Information Technology Division P.O. Box 580 Fort Collins, CO 80522 Attn: Jeri Mael, Telecomm Network Manager In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the C-COM Monthly and C-COM One -Time Installation Charges attached hereto as Exhibit "C" Cost and Implementation Spreadsheet, consisting of four (4) pages, and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any porlion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-fumished materials, equipment and labor, against defects and nonconformances in design, materials and workmanshiptworkwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA 4M%MV 2M5 - 3 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- defaurdng party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before sn Jwuay 2005 4 commencing services hereunder, shall deliver to the Cky's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties, Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth the following additional Exhibits, attached hereto and incorporated herein by this reference : - Exhibit D, C-COM letter to Kathy Henggeler, addressing expiration of C-COM's contractwith Owest; consisting of one (1) page Exhibit E, C-COM letter to the City, addressing Circuit Tracking capability; consisting of one (1) page Exhibit F, City of Fort Collins Key Contact Information; consisting of one (1) page Exhibit G, C-COM Key Contact Information/Response Time/Business Hours Information; consisting of two (2) pages. SA Januoy 2W6 5 CITY OF FORT COLLINS, COLORADO a municipal corporation James B. 'Neill II, CPPO, FNIGP Dilrecto of Purchasing and Risk Management Date: f D l b' % 0,3 ATTEST: ATT ST: �hu-x CORPORATE SECRETARY SA January 2005 Affinity Telecom, Inc. Doing business as C-COM e-j1-iV PRINT NAM CHIEF EXE90TIYE OFFICER Date: % D� (C rpo to Seaq r EXHIBIT A SCOPE OF WORK 1. PURPOSE -CIRCUIT MIGRATION: The Service Provider will assume responsibility for the operation of designated existing Telecom circuits (originally provided by Qwest), per the designated Cost and Implementation Spreadsheet (Exhibit Q. Migration of responsibility will occur in three phases according to circuit type, as follows: A. First Group: 1 FB Circuits B. Second Group: OPX Circuits C. Third Group: Radio Circuits (as migration permitted; see Section #3) 2. FEES, MONTHLY CHARGES, SAVINGS: As a result of this migration, the Service Provider will charge the City a one-time Installation Fee per circuit at the time of changeover, as indicated on the Cost and Implementation Spreadsheet (Exhibit Q. The Spreadsheet also indicates the C-Corn Monthly charge, which will remain as a firm fixed price for the Term of the. Contract (as confirmed in Exhibit D). Migration to the new C-Corn Monthly charge will result in the Monthly Savings indicated in the column in the center of the Spreadsheet (with the blue Column Header). Target Implementation Dates for the migration of each Circuit Group are as indicated on the Spreadsheet as guidelines; Final Cutover Dates will be set by the City's Telecom Systems Specialist (or other Party designated by the City's Telecom Network Manager, or their designated Agent) and the Service Provider's Senior Sales Manager (or other Party designated by Service Provider) as the migration process moves forward. 3. POTENTIAL CIRCUIT ADDITIONS: In addition, listed on the far right-hand side of the Cost and Implementation Spreadsheet are pink Column Headers. Below, circuits are listed which Qwest is not currently permitting the Service Provider to migrate over from Qwest to Service Provider responsibility. In the event that those circuits become available for migration, Service Provider will provide those circuits to the City at the C-Com Monthly charge, which will remain as a firm fixed price for the Term of the Contract (as confirmed in Exhibit D). 4. BILLING FORMAT: Service Provider agrees to provide Monthly Billing in the Format previously approved by the City's Telecom Systems Specialist (or other Party designated by the City's Telecom Network Manager, or their designated Agent). In addition: A. Service Provider agrees to provide the City's Accounts Payable Department with Monthly Paper Bill when service is initiated. B. When the City's Accounts Payable Department acquires SIRE system electronic data storage and retrieval capability (estimated availability January 2006); Service Provider agrees to provide e-mailed Billing to the designated City Accounts Payable Representative. C. In the event that the City should elect to pay monthly invoices via the City's Procurement Card (at time of contract formulation, this is Master Card); Service Provider agrees to accept major credit-card payment with no additional processing charge. 5. RETAGGING: Service Provider agrees, upon request from the City, to provide the City of Fort Collins with a Retagging Cross -Reference Spreadsheet that will have cable/pair/blocks listed on it (per Letter of Agreement and format sample contained in Exhibit E). 6. CONTACT INFORMATION (CITY OF FORT COLLINS): Key Contact Personnel for the City of Fort Collins are identified per Exhibit F, enclosed. 7. CONTACT INFORMATION/RESPONSE TIMESBUSINESS HOURS (SERVICE PROVIDER): Key Contact Personnel for the Service Provider are identified per Exhibit G, enclosed. Service Provider Response Times and Definitions, Business Hours, and Holiday Schedule are as stated in Exhibit G, enclosed. EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: 'The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the Iffe of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. $A January 2ao5