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HomeMy WebLinkAboutResolution - 2008-R0347 - Contracy With ADT Security Services For Security Cameras - 09_11_2008Resolution No. 2008—RO347 September 11. 2008 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and ADT Security Services, Inc., for security cameras for City of Lubbock facilities, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 11thday of September , 2008. TOM MARTIN, MAYOR ATTEST: Rel ec a Garza, City Secretary APPROVED AS TO CONTENT: City Manager/Chief Information Officer APPROVED AS TO FORM: Don Vandiver, City Attorney DDres/A DTsecuritycameraCon08Res September 5, 2008 Resolution No. 2008-RO347 Contract # 0 (� CONTRACTFOR Security Cameras for Lubbock City Facilities STATE OF TEXAS COUNTY OF LUBBOCK § This AGREEMENT is entered into this 11 th of September, 2008, by and between ADT Security Services, Inc. (collectively, referred to herein as "Contractor"), and the City of Lubbock, a Texas home -rule municipal corporation ("the City") pursuant to the TXMAS Contract 6-840130. WHEREAS, the City is needing security cameras for various City Facilities, WHEREAS, Contractor has the experience and skill required to provide said services as described on Exhibit "A", and WHEREAS, City desires to contract with Contractor to perform said services for various City Facilities NOW THEREFORE, it is agreed between the parties that: SCOPE OF WORK. Contractor agrees to all services as described in Exhibit "A," which is attached hereto and incorporated herein as if fully set forth. City Responsibilities. City agrees to pay said amounts stated in Exhibit A", to Contractor for the services described in "Exhibit A," GENERAL CONDITIONS General Compliance Contractor agrees to comply with all applicable federal, state, and local laws pertaining alarm security services. General Agreement Page 1 INSURANCE Contractor will provide a insurance as listed on Exhibit "B", which is attached hereto HOLD HARMLESS Contractor hereby assumes full responsibility for the risk of bodily injury, death or property damages resulting from its performance of this Agreement and releases for itself, its employees and agents, the City of Lubbock, its officers, agents, employees or representatives from any and all injury, loss, liability, damage or costs relating to any claim arising from performance of this Agreement. Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Contractor 's performance or nonperformance of this Agreement. Governing Law This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas Amendments City or Contractor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are only effective when executed in writing and signed by both parties. Termination of Contract This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. Entire Agreement General Agreement Page 2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter. IN WITNESS HEREOF, the parties have executed this Agreement as of this Sept. 11, 2008. CITY OF LUBBOCK Tom Martin, Mayor ATTEST Q_a� Rebecca Gar'z4 City Secretary APPROVED AS TO CONTENT cm--� C154 M earwood, Chief Information Officer AssIstant City Manager APPROVED AS TO FORM CAM Company Representative sr !d c,,t I 6w, General Agreement Page 3 Resolution No. 2008—RO347 EXHIBIT A Security Cameras City of Lubbock Facilities Total Buddy Holly Center $ 17,549.00 Warehouse 21,420.70 Sanitation 12,681.64 Mun Hill Fuel Site 5,413.32 South Side FS/Recycling 11,278.80 Total $ 68,343.46 Resolution No. 2008—RO347 'EXHIBIT "B" INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): 1. Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. TYPE AMOUNT 2. Commercial General (Public) Liability insurance including Combined single limit for bodily injury and coverage for the following: property damage in the amount of $ 100,000 per General Aggregate occurrence or its equivalent. General Agreement Page 4 TYPE AMOUNT 3. Comprehensive Automobile Combined Single Limit for bodily injury and property insurance, including coverage for damage of $ 100,000 per occurrence loading and unloading hazards, for: a. Any Auto The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. General Agreement Page 5 NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. General Agreement Page 6