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HomeMy WebLinkAboutResolution - 2019-R0054 - AT&T Global Services - 02_25_2019Resolution No. 2019-R0054 Item No. 7.22 February 25, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 33001153 for Maintenance for Lubbock Power and Light IVR and Telstrat Voice Recording System as per Master Agreement 201307187603UA, by and between the City of Lubbock and AT&T Global Services, Inc., of Carol Stream, IL, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Febraary 25, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secreta y APPROVED AS TO CONTENT: M Yearwoo ssistant City Manager v APPROVED AS TO Assistant City Attorney ccdocs/RES.Purchase Order 33001153-AT&T 2.11.19 City of *Lubbock TEXAS PURCHASE ORDER TO. AT&T GLOBAL SER%RCES INC PO BOX 9012 CAROL STREAM IL 60197-9012 Page - Date - Order Number Branch/Plant 1 2/8/2019 33001153 000 OP 3409 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK TX 79404 L«'OICE TO: CITY OF LUBBOCK ACCOLITSPAYABLE P.O. BOX 2000 LUBBOCK, TX 7W7 BY: Marla Alv r z, Direr ororPurchasing & Contract Management Ordered 2/8/2019 Freight Requested 3/11/2019 Talett By F_MONCADA Delivery C CROW REQ 53266 MASTER AGREEMENT201307187603UA Description/Supplier Item Ordered Unit Cost UM Extension Request Date 66123192 1.000 7.295.1000 EA 7,295.10 3/1112019 MPS INR Atmttal Maintenance 66123192 1.000 68,593.7300 EA 68.593.73 3111/2019 Chrysails Annual Maintenance 66123184 L000 28,832.7200 EA 28,832.72 3/11/2019 Telstrat Nrnlel Record Maint 16234408 1.000 20.718.5000 EA 20,718.50 3/11/2019 Telstrat Cisco Recording Maint Total Order Tams NET DUE ON RECEIPT INSURANCE REQUIRED PER ATTACHMENT A 125,440.05 This purchase order encumbers funds in the amount of $125,440.05 awarded to AT&T Global Services, Lie. of Carol Stream, IL, on 2019. The following is incorporated into and made pail of this purchase order by reference_ IW-ntenance Quote dated November 8, 2018, from AT&T Global Services, Inc. of Carol Stream, IL. Resolution #-201 -R0054 --- CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: I b110-4 -0- )A�7 Rebe •ca Garza, City Secret ry Seller and Buyer agree as follows: PURCHASE ORDER TERNS AND CONDITIONS I]IPORTA.NT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 1 SELLER TO PACKAGE GOODS Seller shrill package goods in accordance with good commercial practice Each shipping conainer shall be clearly and permanently marked w follows (a) Seller's tome and address. (b) Cousibngnee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total smmbet of am9ainers, e.g box 1 of 4 boxes, amid (d) the number of the couttamerbeani ,tbepadvr-slip. Seller shall beat coAofpackaaogrmlessotherwise provided Goods shall be suitably patted to secure loweu transportation costs and to conform with requirements of common carries end any applicable sptw:ifrations. Buyer's countor weight shall be final and c=luu%-eon shipments col accompanied by packing; fists. 2. SHIPMfENr MIDER RESERVATION PROHIBITED Seller is not authorized to ship the goods wider reservation and on bends of a boll of lading will operate m a tender of good. 3. TITLE AND RISK OF LOSS. Tine title and dud: of loss of the goods sba➢ coot pass to Buyer tmtd Buyer adnilty iecewes and takes poviersion of the goods at the po it or points of delnrry 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fii8ycornply with allprovisions of din counaict asto time ofdelisay, gwalityaod the like. If a tender is made which does not fully conform, this sin➢ constitute a bunch and Seller aball not have the right to sollobtabe a conforming tender, provided, where the time fir performance has not yet eapaed, the Seller may reasonably notify Buyer of his intention to sae and may then make a conforming tender within the contract tare but not afterward 5. INVOICES & PAYIdENNTS. a S e I let shall submit separate invoices, in duplicate, one each purchase order or purchase release after eadt essay. imvices shall indicate the purchase order or purchase release rancher and the supply agreement number if applicable_ invoices slat) be itemized and trirmpostation charges, if any, shallbelusted aepatately A copy of the bill of lading, and the evighrt waybin whew applicable, should be attached to the invmiee. Plod To: Accounts Payable, City of Lubbock, P. O_ Box 2000, Lubbock, Teas 79457. Paysrwt shall act be the umihl the above im*mmeats are submitteda➢et delivery 6. GRAIUrI1ES The Buyer any; by written notice to the Seller, carrel this contract without liabilityto Seller if it is determined by Roper that gottahea. in the thaw of entertainment, gifts or mtltowiu, were offered or given by the Serer, or ®y agent OF representative of the Seller, to any officer or employee of the City of Lubbock with a view to sedmesg a contract or securing favorable treatment with sespecI to me awarding or aaaadich& or the snaking of airy detetnimafions with sessect to the pedorming of ssrh a contract to the event this contract is canceled by Bayer ptsraumt to this provision, Bayer shall be entitled, in addition to any other rights and remedies, to mover orwilNp}d the amount ofthe terst isvrredbySefler uaprovidingsuchgrataihes 7. SPECIAL TOOLS & TEST EQUIPMENT If Use price stated on the face hereof incltrdes the cost of airy special tooling or special test equipmaa fabricated or required by Seller for The Purpose of felting this order, such special tooling equipment and any process sheets Mated thereto shill beromr the property of the Buyer and to the ealent feassble shall be identified by the Sella as sack S. WARRANTY -PRICE a The price to be paid by the Boyer APO be that contained in Seller's bid which Seer Warrants to be ao billet than Sdhr's cent process on orders by others for products of the kind and specification covered by this agreement for s®mla quantties miler hinder of hike conditions and methods of purchase. In the ewe Seller breacties This warranty; the prices of the teas shall be reduced to the Seller's current prices on orders by others, or in the alternative Buyer may cancel This contract without liability to Sella for breach or Seller's actual expense_ b The Seller warrants dial no person or seUa{g agency has been employed or retained to solid or secure this contract upon in agreement or understanding for cotumissam, perceutaece, brokerage; or contingent fee excepts bona fide earpkiyees of bona fide estabLahed com mescial or selling Veerain maiaWmed by the Sella gar the purpose of securing business For breach of vieiation of this warranty the Soler shall hive the right in addition, to nay other tight of rights to cancel this cowtrad without lubilty aid to deduct form the coutrad price, or otherwise recover wiloud bability and to deduct tons the coulract price, or otherwise recover 0 r fall amount of mush commission, percentage, brokerage or contugent fee. 9. WARRANTY -PRODUCT. Sella shall ant limit or exclude any implied warranties and any attempt to do w she➢ retch this coabad voWk%e at the opbou of the Bolen Stt0a warrants that the goods fiaoished will conform tothe specifratpq drawings, aid dewniphom listed mtlebid uwintimm, and to the sample(s) Banished by the Seller, t•any. in the cunt of a com➢ d or between the specifications, drawings, and descriptions, the specificatic m shall govern Nohvidstandutg any provisions contained in the contractual agreement, the Seller represents and wartarts foal -free performance and fink -five result an the proms.= date and date related data (uuhding, but rid haled to c*ubLtasg comparing and xgneacatg) of all hardware, software and firmwue products delivered and service; provided under this Contract, isdwidua➢y or in combination, as the case may be from the effective dale of this Contract The obligations combined herem apply to products and services provided by the Seller its scab- Seller or any third partyinvolved in the cteahon or development of The products and services to be delivered to the City of Lubbock under this Contract Faihwe tecomply with awy of the obli,datwx coulained bereia, may mush in the City of isnbbod availing itself of cry of as ngtts under the law and order this CosttrnY iirkd'rtg, lad mot limited to, is rgbt Pertaining to termination or defa The watradies contained heron are separate and discrete from any other warranties specified in this Contract, and are not subjed to any disclaimer of aamawty, Wiled or erpmwed, or limitations of the Seller's lability which maybe specified in this Contract, its appendices, its schedule%, its anmeFes or any document ark orpocated in this contract by tefereme. 10 SAFETY WARRt_NITY Seller waermts that the product sold to the Buys shall comfurm to the standards promulgated by the U. S Department of Labor miler the Occupational Safety and Heabh Act of 1970 in the event the product dies mot coafmm to OSHA standards, Buy" may return the product for couectma or replacement at the Se➢a's expense In the evert Seller faits to make the approphiate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. I NO WARRANTY BY BUYER AGAINST ➢ I'MOEM1ENfS As pat of this contract for sale Seer agrees to as"daia whether goods saanufachaed in accordance with the specifiatioms attached to this agreement will give rise to the righttal dun of army third person by way of imhimge red of the like. Buyer nukes no warranty, that the production ofgood; according to the specification will not give rise to such a claim and in no event shall Buyer be liable to Seller firr indemnification in the event that Sella is sued on the grounds of iofiingement of tie like If Seller is of the opinion that an infim--e ment or the like wti➢result, be will notify the Buys to this effect to writine within two weeks after the signing ofthis agreement. U Buyer does not receive notice and is Atbsegme I4- held liable for the infriagenem or the Ue- Seller arty save Buyer hamless If Seller in good fifth ascegans the production of the goods in accordance with the specifications will result in infringement mr the like, the cordrwt shall be mull and raid 12. NON APPROPRIATION. All funds For payment by the Cdy order this contract or subject to the availability of m annual appropriatiaa for this propose by the City in the event of rooappropriation of finds by the City Council of the City of lrrbbock for the goods or services pruveded ®der die contract, The City will terminate the contract, without Termination charge or other lability. w the last dry of the then-conent fiscal year err when the appropriation ask for the theoavtrent year fa the gc odcor senicea covered by Lois cordrad s spamt, whcheher event rams fr>x. If at any time funds are not appropriated for the coatimraace of this contract, cancellation shall be axrpked by the Sella on thirty (30) days prior mitten notice, but failure to give such notice shall be of no effect and the City shall not be obligated wider This compact beyond the date of termination 13. RIGHT OF CNSPECTION Buyer shall dace the right to inspeit the goods at delivery before accepting them lieu of any other re ue-diea which Buryer way haw in law at equity. 15 TERMINATION The perfonnaace of wotk under this order may be terminated in whole, or in part by the Buyer in accordance vvth this provision Termination of work hereunder" be effected by Ste delivery of the Seller of a "Notice of Termination speciflmg the extent to which performance of work tinder the order is terminated and the date upon which such hrrumationbecortes effective Sucb right or ter®natoon is n addtioa a and not in lien of the rights of Baler set forth inClare 14. herein 16. FORCE M1AJEURE Nether party shallbe held responsible for torsos, resuhing if the fulfillment of any terms of prmi6ors of this coubad is delayed or preheated by any tease not within the control of the party whose performance s uderfeved with, and which by the exercise of reasonable diligence said party is unable to present. 17. ASSIGNMENT -DELEGATION. No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer Any attempted as vmYaat or delegation by Seller doll be whollyvoid and toh➢ytelfective for all propose unless trade in conformity with This paragraph 18. WAIVER. No claim as right arising our of a breach of ibis contract can be &Khuged in whole or in part by a waiver or renunciation of the Bann or right unless the waiver or renunciation is supported by consideration and is m writing signed bythe aggrieved party 19 DfIERPRETATION-PAROLE EVIDENCE This writirg plus any specifications for bids and Performance provided by Buyer m as advertisement Bar bid% and army other documentsprovidedby Seller m partof his bid. is itended by the parties as a final expression of tbeir agreement and intended also as a complete and eaclasi%e statement of the terms of their agreement. Wbeoevrr a term defined by The Unifmmn Commercial Code is used in akin agreemesntt, the definition combined in the Code is to cou"L 20 APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever the term "Uniform Commercial Code" is used. it sin➢ be construed as meamag the Uniform Commercial Code as adopted in the State of Teases as effective and in force on the date of Ibis agreement 21. RIGHT TO ASSURJ NCE Whenever one party to This contract in good faith has reason to questaon the other parry's intent to pert mrwhe may demand That the other party give written assurance of his intent to perform in the new gat a demand is made and mo assurmre a given within five (5) days, the demanding party may heat this failue as an arAcspatory veptdiatiw of the contract 22.1NDE.kMCATION. Seller shaLL inde®ify, keep and save harmless the Buyer, is agents, officials and oalnlo}ees, against a$ injuries, deaths, loss, adanampa, dams, patent claims, snits. liablties, judgments, cosh and expenses, which eayin anyvsme accrue against the Baler n consequence of the granting of this Contract or which may anywise result there6niq atether at not t shall be alleged or hteimined That the ad was caused through negligence or offi:.siou of the Seller or its employees, or of the subSeller or assignee or is employees, diary. and the Seiler shAL at Iris own eapertse, Wpear, defend and pay all dirges of anormeps and all costs and other expenses arising therefrom of incurred in eonnedva thin erarth nod, if anyjudgnxst shall be rendered against the Buyer in a" such aatoq the Seller shall, at is own expenses, satisfy and discharge the same Seller expressly unders4mds and agrees that any bond tequired by this contract, or otherwise provddecl by Seller. shall in no way- Bmt the responsabtlty to indemnify. keep and save harmless and defend the Buyer as bemim provided 23. TIMfE it is hereby eapoessly agreed and understood that hue is of the essence for the Ptafomamce of this contract, amid failue by contract to meet the trust specifications of ibis agreement will cause Sella to beindefault of this agreement 24 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this tad, mimmairy and women business enterprises will be afforded equal opporha ties to submit bids in response to that invitation and will oat be discriminated against on the grounds of race, color, sex or natural origin in consideration for in award. 25. NON.ARBTIRATION. The Csh resents the right to exercise my riglt or remedy to it by Law, contract, equity, or otherwise including without hmtation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shill Out be subject to any arbaration process prior to exercising its muestricted right to seek judicial remedy Tberemedies set forthheren are cmmdati:e and not eschtsim, and maybe exorcised wnnturremly To the extent of my conflict between this protmiom and another provision in, OF related to, this document, this provision shall control 26. RIGHT TO AUDIT At cry• time during the term of the contract, or deserter, the City, or a dtdy authorized audit representative of the City or The State of Terns, at its expeurre and at reasonable times, reserwe Ue rgU to audit Conractor s records and books selevant to all services provided to the City under this Contract in the event such an unlit by the City reveals any errors or mvPaymeds by the City, Contractor shall refund the City the fiul amount of swb overpayments within thirty (30) days of such audt findings, or the City, at ha option, reserves the right to deduct such summits owing the City from any paynherts doe Contractor. 27. HOUSE BILL 2015- Muse Bill 2015, ssgoed by the Gmrrmor on ]erne 14.2013 and effective on hmsny 1, 2014, au dwrimes a penalty e be imposed on a person who contracts for certain seni es with a governmental entity and who fast to properly classily their woders This applies to subcontractors as well- Contractors and subcontractors who fall to property dassdY inifivi&rals perfirraag work under a governmental contract will be penalized $200 fix each mtfivi&ul that has Them asclassified (Tens Govemment Code Section 2155 VOI) 28. ASSIGNING ORSUBLETTING THE CONMALCf. The Contractor shall Dot assign orsublet the contract, or any portion of the contract without written consent from the Director of Purchasing and Contract Management Should cosent be.givea, the Contactor sba➢ insure the Subcontractor or shall provide proofon insurance from the Subcontractor that complies with an contract Insurance iequurmnts 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the Bsth Legislature, created §1252-909, Teas Government Code. Section 2252-909 requires a business entity entering into certain contracts with a governmental ratty or slate agency to file with the gownh ental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to The governmental entity. or gate agencyinstructions for completing Form, 1295 are available at: brim -/Avow cibibbock bLra+dcmrtmeutil-webske&- artmmtVmnd askgi M tor-nfomatinn 30. CONTRACTOR ACR,r'YOWLEDGES, by supplying any Goods or Series that the Contractor has read fully understands, and will be in fall compliance with all terots and conditions and Or descriptive material contained herein and any additional associated documents and Ameudimems. The City disclaims any terns and conditions provided by the Contractor unless agreed span in writing by the parties. In the event of wttlict between these ter>ffi and conditions and any tams and conditions provided by the Contractor, the terms and conditions provided h i en shallprevail The lemas and conditions provided berm are the boat terms agreed upon by the parties, and any prim conflicting firms "be of no force oreffect 31. By accepting this purchase order, The Vendor verifies Uat it toes not Boycott Israel, and apfecs that during the tam of this Agreement t'Comtract as applicable) will not Boycott Israel as that term, is defined in Teases Gocernithmt Cade Suction 909 001. as amended 14. CANCELLATION. Buyer d a➢ have the right to camrel for default all or any part of the undelivered portion of this order it Sella breaches any of the hens hereof including warranies of Seer or if the Seer becomes irmlveat or counts acts of buskruptry. Such rigbt of ca=*Uatioo is n addition to aad mt n Rev 101017 AT&T Quote for City of Lubbock 1YR Renewal AT&T Maintenance Agreement 11110/18 - 11/09.119 masLer rgreemenl: 30 0? '6C liF -.r Icily IAaintenance PASS Basic CPR # Address ST bip Code S stpm covers a ,annual Rate Annual Rate b612a184 Municipal Square 916 TEXAS LUBBOCK TX /94J1 Telstral SN V,0'3120355 Vencicr Provided 3: - S fib 1791g2 I a&L I3usinost: Ctr t301 DROADWA.Y LUBBOCK TX r940 t IVR! Uhrys3h5 Vendcr Provided S S 1623/406 E,30361'H STREET LUBBOCK T! i9404 Telstm,','N V?0141111607 Vr-ncicr Provided ContLaCt No. 14493 MAINTFNANCF QUOTE YreparW by Nancy A/i'Ae November 8, 2018 Chrysalis I Telstrat MPS IVR Annuai Rate Annual Rate >nnual Rate Total Annual Rate S 5 S28.832.72 S 2HA,1272 1C $68,b9313 S S 75.88883 u W - .52C.r'18.50 $ 20,118JU Total Annual Rate: 5 S $ 7,295,10 $68,593,73 S 49,551.22 $ 125,440.05 NCCeS Perishable-consurnabie commodities such es punter ribbon; prnter caredges.:7atienes, poxvr,:ondlho!lors. UPS S/stem. pprm, supplies. w:7 are nu covered un:ier'77wrtenance. A4a71lenance excludes 7er)dsets, pa'tattie%t57releSS/Cor'rGBSs telephone sets: persona'rneiipw rry porrr•re ;7nsw:pnnp �i7aclllnr.:S '?IC /� noredrn the marntenewu.• rwrrva dud cundiduus TOPS IVR - Tho following Ic ms me rian,ifac:ure- dib—ii0nue0 and lip W;x1(21 suf:ponabie. 101'S16lni i:aher Message-zocoide Licensos PCM Irli :)LIPCx f mrG,5:0 TMS, 12 ❑SP Expanswn Cate) (MDM) Sites P.antnvoct 6512: lui Vector Control 4J1 K. ASII LUBBCCK IX 'j'401 Fiber Remote 661231gA W iltnDept 1-402TEXAS:-VE. I..UBDOCK 'TX -9401 Fiber Hernote 6612 3199 Police Property Hni 1010 9TH ST & TLXAS I UBBOCK 'rX 794C' F ben Hernol(7 1614dVILI Kuddy Holly Ctr IF01 .AVENUE G LUBBOCK IX 794C 1 F,her Remole 66123'94 1-irp. Admir 15'15 _ URSA.INL _UL'DOCK TX 794C1 CS IQ)GE 66' 23202 A rpo t Field Ops 5900 NORTH VVALNI T LUBBOCK TX 'r9401 Nort it MILS 6u'23184 h4uniclpalSquare 9`6TEXAS LUBBOCK IX l�14C1 CSI000 F6123184 M.inicipaf Square 9' 6 TEXAS LUBBOCK TX 794E I Call Fi of 66123'84 M-inicipal Square 916 TEXAS LUBBOCK TX 794C1 AACC bb �23200 Civic Cente• 1501 6TH S I'REGT LUBBO•;K T X 19401 Fiber Ren o'e 66.23:01 FAshon Library 1306 6TH S'IREF LU1313WK TX iS-401 F'ibcr Renie:e 66120838 Water Reclamation 3202 E 36TH ST LUBBOCK TX r9401 CS1000F b61231tf'r Municipal Bldg 1025 13TH ST LUBBOCK TX 'i9401 CS1000 66123188 Municipal tbll 6C0 MUNICIPAL DR. LUBBOCK TX 79,103 Option I'It 66123189 Aiipert br01 N. MILK BI VI) I.LIPBOCK TX 79401 CS1000F bb12311j1 PDlice Academy 5C8DAVIS AVE LUBBOCK TX 79401 Option 11C 66123192 I P&L business Cir 1 c01 BROADWAY ..UtJDOCK TX 79,101 CS IU9U 66237412 1.PS,L Cooke i' ant 3WO SLA70N HWY .UBBOCK 'TX 79404 BCK4 41.•0 6612319i WaterTreatmonl 5C01 N GJAVA W13BOCK TX 79401 CSi000L 66207529 Special Ops 2b01 AVCNUC C :.UDDOCK TX 79404 Option '1'1 66207527 Coliseum 401 NORTH BOSTON WBBOCK IX 7E+41 b Norstar MICS 662i383b Silent Wings 6202 N. 1-27 UBBOCK rX 70,',03 Avaya 11'' Office ATTACHMENT A City of Lubbock, TX Purchasing & Contract Management INSURANCE COVERAGE REQUIRED TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY Z Commercial General Liability General Aggregate tppQ o ❑ Claims Made ❑ Other Products-Comp'Op AGG x ❑ W/Heavy Equipment 0 Occurrence Personal & Adv. Injury x ❑ XCU Contractual Liability x ❑ To Include Products of Complete Operation Endorsements Fine Damage (Any one Fire) Med Exp (Any one Person) ❑ PROFESSIONAL LIABILITY ❑ Occurrence General Aggregate _ ❑ or Technical Errors and Omissions ❑ CYBER LIABILITY ❑ Occurrence General Aggregate OTHER- ❑ ❑ Occurrence General Aggregate AUTOMOTIVE LIABILITY 0 Any Auto ❑ All Owned Autos Per Occurrence 1D000°° ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Aggregate EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 1006/a of the Total Contract Price ❑ INSTALLATION FLOATER ❑ t00%of the Total Material Costs ❑ POLLUTION ❑ CARGO 0 WORKERS COMPENSATION or OCCUPATON AL MEDICAL AND DISABILITY COMM 0 EMPLOYERS' LIABILITY WO•M0 OTHER: COPIES OF ENDOSENIE\TS ARE REQ1'IRED City of Lubbock named as additional insured on AutoiGeneral Liability on a primary and non-contributory basis. 0 To include Products and Completed Operations Endorsements ® Waiver of subrogation in favor of the City of Lubbock on all coverages ❑ No insurance required. Additional Comments: