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HomeMy WebLinkAbout12444RESOLUTION NO. 12444 A RESOLUTION APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND WEST TECH COMMUNICATIONS, INC., A COLORADO CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Cooperation Agreement by and between the City of Pueblo, a Municipal Corporation, and West Tech Communications, Inc., a Colorado Corporation, relating to the use of a City owned bucket truck for the installation of wireless network equipment throughout the City, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute the Cooperation Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED: July 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed R ESOLUTION DATE: July 9, 2012 AGENDA ITEM # M-1 DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT LORI PINZ, DIRECTOR PUBLIC WORKS DEPARTMENT EARL WILKINSON, DIRECTOR TITLE A RESOLUTION APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND WEST TECH COMMUNICATIONS, INC., A COLORADO CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Cooperation Agreement between the City of Pueblo and West Tech Communications for the use and training of the City owned bucket truck? RECOMMENDATION Approval of this Resolution. BACKGROUND The City previously contracted with West Tech Communications, Inc. (“West Tech”) to install wireless network equipment throughout multiple locations in the City. The use of a bucket truck is often necessary to accomplish the installation of this type of equipment. The City Traffic Maintenance Department’s bucket truck is utilized when available for this purpose. The Information Technology Department (“IT”) has negotiated an agreement by which the City’s Public Works Department will train certain West Tech and IT employees on the proper use of the bucket truck. Upon successful completion of the training, as determined by Public Works, the employees who received the training may use and operate the City owned bucket truck without direct supervision by Public Works. The Cooperation Agreement will help to minimize the installation costs for this type of equipment by eliminating third-party rental costs. FINANCIAL IMPACT None. COOPERATION AGREEMENT THIS AGREEMENT entered into as of July 9, 2012 by and between the City of Pueblo, a municipal corporation ( "City ") and West Tech Communications, Inc., a Colorado corporation ( "West Tech "): WHEREAS, West Tech and the City of Pueblo's Information Technology Department ( "IT ') need to install wireless network equipment to establish network connectivity to the City's network throughout multiple locations in the City. This network will continue to grow over the next several years based upon available funding; WHEREAS, West Tech and IT need to use bucket trucks owned by the City of Pueblo and managed by the City of Pueblo's Public Works Department ("Public Works "); NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and West Tech agree as follows: 1. Public Works will provide training to employees of West Tech and designated IT staff on the proper use and operation of the bucket truck. Upon successful completion of the training to be determined by Public Works, the employees who received the training may use and operate the City owned bucket truck without direct supervision by Public Works. 2. Prior to participating in the training or use of the City owned bucket truck, West Tech must provide Public Works with a Certificate of Insurance as set forth below: a. West Tech shall procure and maintain insurance coverage described herein, with the City of Pueblo (City) as an additional insured on the Commercial General Liability. Such insurance shall be carried with insurance companies satisfactory to City. Satisfactory certificates of insurance shall be filed with the City with bid proposal. Certificates shall indicate cancellation provision of not Tess than thirty (30) days prior written notice, delivered to the City. 1. Workers' Compensation and Employer's Liability This insurance shall protect West Tech against all claims under State of Colorado Workers' Compensation law. Limits of liability shall be not less than: Workers' Compensation — Statutory Employer's Liability Each Accident - $100,000 Disease — Policy Limit - $500,000 Disease — Each Employee - $100,000 1 This coverage shall include all of West Tech's employees, including the owner(s) and shall contain an endorsement waiving subrogation against the City. 2. Commercial General Liability. This insurance shall be written on a commercial form and shall protect West Tech against all claims caused by the product or caused by the failure to properly fit the product supplied to the City and will include Products Liability coverage for a period of at least five years from the date that product is supplied. This coverage form will provide protection against all claims insured by usual personal injury liability coverage and will provide a separate aggregate for each claim. Liability coverage will include Contractual per project aggregate, and will provide for contractual liability assumed by West Tech under the "Indemnification" section, and "Completed Operations and Projects Liability" coverage. To the extent that West Tech's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the commercial general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property. Limits of Liability shall be not less than: General Aggregate - $1,000,000 Products — Comp /Op. Agg. - $1,000,000 Personal & Adv. Injury - $1,000,000 Each Occurrence - $1,000,000 Fire Damage (Any one fire) - $ 50,000 Medical Expense (Any one person) - $ 5,000 3. Automobile Liability. This insurance shall be written to provide coverage for any auto owned, leased by, hired, or used by the West Tech or its employees and shall protect West Tech against all claims for injury to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use. Limits of Liability shall be not less than: Combined Single Limit $500,000 per accident 4. Hired Auto Physical Damage. This insurance shall be written to provide coverage for damage to auto and attached equipment. 5. Umbrella Excess Liability. This insurance shall protect West Tech against all claims in excess of the limits provided under the Workers' Compensation/Employer's Liability, Commercial General Liability and Automobile Liability policies. The liability limits of the Umbrella or Excess Liability policy shall not be less than $1,000,000. 2 6. In every case, the insurance coverage shall amount to at least the limits stated above. However, where the Financial Compulsory Insurance laws of the State of Colorado require higher limits, the Automobile Liability Insurance policy shall provide coverage of at least those limits. 7. Coverage and limits enumerated in this insurance provision represent only the minimum insurance required by the City, and West Tech should rely on its expertise to obtain any additional insurance coverage needed for the City and the West Tech in its performance hereunder under this agreement. b. Said West Tech's Commercial General Liability Insurance and said Automobile Liability Insurance shall include coverage of the contractual liability assumed by West Tech under Paragraph 5 below. c. No third party subcontractor may operate the bucket truck until it has successfully completed training to be determined by Public Works, and obtained the express consent of the City. Any subcontractor so qualified shall be required by West Tech under the terms of the subcontract to obtain like insurance coverage to that specified in Paragraph 2(a). Limits of coverage shall be subject to agreement between West Tech and subcontractor. 3. West Tech must provide all of the safety equipment for its employees, including but not limited to harnesses, lanyards, hardhats, and vests. 4. The bucket truck provided by Public Works will be thoroughly inspected and any damages documented prior to use of the bucket truck by West Tech and /or IT. Upon return of the bucket truck to Public Works, another thorough inspection will be completed and any damage documented. Inspection forms will be signed by Traffic and IT documenting any damage before and after use. These forms should be filed and saved by each department. 5. West Tech shall indemnify, defend and hold City and its officers, employees and agents harmless from and against all liabilities, losses, damages, costs and expense (including reasonable attorney fees), causes of action, suits, claims and judgments of whatsoever kind or nature arising out of or resulting, directly or indirectly, in any manner from its use or operation of the bucket truck. 6. Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred upon City under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et. Q. 3 7. This Agreement is the entire agreement between the parties relating to the subject matter hereof, and this Agreement supercedes and cancels all prior agreements, proposals, representations and commitments relating to the subject matter hereof. 8. Neither the City nor West Tech may assign this Agreement or any part hereof. This Agreement may be amended in writing at any time upon the mutual agreement of the City and West Tech, provided no amendment or modification of this Agreement shall be binding on City until approved by the City Council of City by resolution. 9. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the City and West Tech and each of their employees, agents, attorneys, officers, shareholders, and successors. Any action to enforce the terms of this Agreement must be brought in a court of competent jurisdiction in Pueblo, Colorado. If any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. No delay or omission on the part of either party in exercising any right hereunder shall operate as a waiver of such right or any other right under this Agreement. Executed in Pueblo, Colorado as of the day and year first above written. [SEAL] CITY OF PUEBLO Attest: 4,,, .�. 1`. By / , �� erk 'resid- t of th City Council Approved as to form: City Attorne / [SEAL] WEST TE. S M 1 ICATIONS, INC. , I i`_".r" -Ef;cC�`_ 6a dui �1 By i Its "f► S i c� 4