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HomeMy WebLinkAboutResolution - 2018-R0234 - Dailey And Wells Communications - 07/26/2018Resolution No. 2018-RO234 Item No. 6.14 July 26, 2018 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, Contract No. 13958 for Radio Communication Equipment as per RFP 18-13958-MA, by and between the City of Lubbock and Dailey and Wells Communications, Inc., of San Antonio, Texas, and related documents. Said Contract 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 July 26, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebec a Garza, City Secretar APPROVED AS TO CONTENT: Mark rwoo , Assista t City Manager APPROVED AS TO FORM: W*04 Kelli Leisure, Assistant City Attorney ecdocs/RES.Contract 13958.Radio Communication Equipment 06.25.2018 v.� CERTIFICATE OF INTERESTED PARTIES FORM 1295 let Complete Nos. 1 -g and 6 ifthue ore imerestedpanics. OFFICE USE ONLY Complete Nos. I, 2. 3, 5. and 6 if there ate no intmested ponies. CERTIFICATION OF FILING Cerement. Number: 20I8-339I83 I Name of business entity filing term and the city, state and country of the business entity's place of business. Dailey and Wells Communications, Inc. San Antonio, TX United States Date Filed: 04/13/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form la being HIM. City of Lubbock Date Acknowledged: 3 Provide the IdenfiBcallon number used by the governmental entty or state agency to track or Identify the contract. and provide a description of the services, Roods, or other property to be provided under the contract. RFP 18-13958-MA Radio Communications Equipment i Name of Interested Party City, State Country (place of business) Nature of interest (check applicable) Controlling Intennedh ry Tackett, Tyler San Antonio, TX United States X Wells, JoAnn San Antonio, TX United States X Wells, Richard San Antonio, TX United States X 5 Check only Ifthere Is NOlnterested Party. ❑ 6 UNSWORN DECLARATION Myname is Jim Sawyer and my date of birth is IM011955 is aaan p Houston St San Antonio , ex.as_, 78219 USA (street) (ally) (slate) (rip Cade) (country) I declare under penally of perjury that the f going is we and correct. Executed in i S to of Texas on the TiIday of Aodl .2018 (month) (year) Signature of authorized agent Of contracting business entity (Dacunint) Forms provided by Texas Ethics Commission ywiw.ethicssmte.tx.us version v LO.552+ CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2018-339183 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dailey and Wells Communications, Inc. San Antonio, TX United States Date Filed: 04/13/2018 2 Name of governmental entity or state agency that Is a party tot the contract For which the forms being filed. City of Lubbock Date Acknowledged: 06/25/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 18-13958-MA Radio Communications Equipment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Tackett, Tyler San Antonio, TX United States X Wells, JoAnn San Antonio, TX United States X Wells, Richard San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (DeGlaruri) Cnrmc nrntoirlort hu TAwne Fthirc Cnmmiccinn v m-pthics.State_tx.Us Version V1.0.5523 Resolution No. 2018-RO234 Contract 13958 City of Lubbock, TX RADIO COMMUNICATION EQUIPMENT THIS CONTRACT made and entered into this 12th day of July , 2018, by and between the City of Lubbock ("City"), and Dailey and Wells Communications, Inc. "Contractor"). RECITALS WHEREAS, the City has issued a Request for Proposals 18-13958-MA, Radio Communication Equipment. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for Radio Communication Equipment; and WHEREAS, Contractor desires to perform as an independent contractor to provide Radio Communication Equipment. Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Radio Communication Equipment and Price Sheet 4. Exhibit C — General Conditions Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and C attached hereto. Article 1 1.1 The contract shall be for a term of one year, with the option of a four, one-year extensions, said date of term beginning upon formal approval. This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock does not guarantee any specific amount of compensation, volume, minhawn, or maximum amount of services wi(lei this proposal and resulting contract. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terns of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date CITY OF LUBB Daniel M. Pope, Mayor ATTEST: 0. 0 .4 A , 2E eb cca Garza, City Secre APPROVED AS TO CONTENT: Mk t ooJ ssist. nt City Manager APP OVED AS TO FORM: U Kalil L�, Assistant CONTRACT Co c is Signature Richard Wells Printed Name President Title GENERAL REQUIREMENTS 1 INTENT Exhibit A This RFP is being issued under guidelines of a High -Technology RFP. This means that failure to successfully meet all functional requirements may not necessarily disqualify the vendor. Vendors should take exception to functional specifications that they cannot meet and may offer alternative solutions and/or additional features in their proposals. Price will not be the only criteria of selection. The City may choose to select all, part, or none of the vendor's proposal. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this proposal and resulting contract. 2. DESCRIPTION All radios must be compatible with the City of Lubbock P25 Phase II 80OMHZ trunked radio system. All radios must have the capability to work with Harris Link Layer Authentication. AES and DES encryption capability will be required on some radio devices. All pricing must include all software and equipment necessary to function on the City of Lubbock system. 3. REQUIREMENTS A. Basic Level Radio Device - Utility Departments • 700/800 MHz • Trunk Phase II • Conventional • Link Layer Authentication • Antenna, Battery • Desk Charger • Single Key DES • Battery Clips • Microphone B. Mid -Level Radio Device - Public Safety Departments • 700/800 MHz • Trunk Phase II • Conventional • Link Layer Authentication • Antenna, Battery • Desk Charger • Single Key DES • Battery Clips • Microphone • Optional AES Encryption C. Multi -band Radio Device • 700/800 MHz • 'Trunk Phase II • Conventional &,Parchase•Bld DocrRFP I843958-W1 23 • Link Layer Authentication • Antenna, Battery • Desk Charger • Single Key DES • Battery Clips • Microphone • Optional AES Encryption A. All radios must have 700/800 MHz trunked and conventional capability. B. Must have the capability to work with Harris Link Layer Authentication. All software required must be in the Equipment. Single Key DES required in all radios. C. AES encryption capability will be required on some. D. All pricing must include all software and equipment necessary to function on the City of Lubbock system. S:`RuchawBid Docs REP IS•13958•NL4 24 Recommended Features for the following Radio Tiers: High Tier Multiband Portable Radio Requirements Hardware Features IP Rating IP 68 Keypad Full Knob Configuration Separate volume and Group select Display Viewable with Polarized Glasses Radio based: Man -Down Functionality Yes Programmable Side Buttons Three Top Display Yes Bluetooth Operation Yes, version 4 or later Power Output 3 Watts for 700 and 800MHz Channel Capacity Over 1000 FirstNet Ready Nice to have Multiple Radio Microphones for noise I Two or more MIL -STD 810G Wi-Fi (Both 2.4and 5.0 GHz) Yes Battery Li -Ion Software Features Multiband Operation VHF, UHF, 700, 800 Supported Wi-Fi Operation Yes Single Key Encryption DES, (AES preferred) Voice Annunciation Yes P25 Phase 2 Yes P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes Required Accessories: Antenna Battery Charger Battery Clip Microphone S:`PurchawBid Do" RFP 18-13958-MA 25 Optional Software AES Encryption Optional Over the Air Rekeying Optional Medium Tier Portable Radio Reauirements Hardware Features IP Rating IP 68 Keypad Partial Knob Configuration Separate volume and Group select Display Viewable with Polarized Glasses Radio based: Man -Down Functionality Yes Programmable Side Buttons Three Top Display Yes Bluetooth Operation Yes, version 4 or later Power Output 3 Watts for 700 and 800MHz Channel Capacity Over 1000 FirstNet Ready Nice to have Multiple Radio Microphones for noise cancellation Two or more MIL -STD 81OG Wi-Fi (Both 2.4and 5.0 GHz Yes Battery Li -Ion Software Features Wi-Fi Operation Yes Single Key Encryption DES, (AES preferred) Voice Annunciation Yes P25 Phase 2 Yes P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes SA'urchasc'+Bid Docs RFP 18.13958•\1A Required Accessories: Antenna Battery Charger Battery Clip Microphone Optional Software AES Encryption Optional Over the Air Rekeying Optional Low Tier Portable Radio Requirements Hardware Features IP Rating IP 66 Keypad Partial Knob Configuration Separate volume and Group select Display Viewable with Polarized Glasses Programmable Side Button One Power Output 3 Watts for 700 and 800MHz Channel Capacity Over 500 MIL -STD 810G Battery Li -Ion Software Features Single Key Encryption DES, (AES preferred) P25 Phase 2 Yes P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes Required Accessories: Antenna Battery Charger Battery Clip Microphone Optional Software AES Encryption Optional Over the Air Rekeying Optional S: PurchsscBidDocs'RFP 18.13958.%IA Hiah Tier Mobile Radio Reauirements Hardware Features Keypad Full Knob Configuration Separate volume and Group select Power Output 30 Watts for 700 and 800MHz Channel Capacity Over 1000 Mounting Remote Mount Software Features Multiband Operation VHF, UHF, 700, 800 Supported Single Key Encryption DES, (AES preferred) Voice Annunciation Yes P25 Phase 2 Yes P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes Required Accessories: Antenna Microphone Optional Software AES Encryption Optional Over the Air Rekeying Optional Medium Tier Mobile Radio Reauirements Hardware Features Keypad Partial Knob Configuration Separate volume and Group select Power Output 30 Watts for 700 and 800MHz Channel Capacity Over 1000 Mounting Remote Mount Software Features Single Key Encryption DES, (AES preferred) P25 Phase 2 Yes 5:'Purchau'Bid Docrl:):P 13.13958-NIA P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes Required Accessories: Antenna Microphone Optional Software AES Encryption Optional Over the Air Rekeying Optional Low Tier Mobile Radio Reauirements Hardware Features Keypad Partial Knob Configuration Separate volume and Group select Power Output 30 Watts for 700 and 800MHz Channel Capacity Over 500 Software Features Single Key Encryption DES, (AES preferred) P25 Phase 2 Yes P25 Trunking Yes P25 Conventional Yes Link Layer Authentication Yes Required Accessories: Antenna Microphone Optional Software AES Encryption Optional Over the Air Rekeying Optional S:.hmchasd'-Bid DoceRFP 18-13958-h1A PRICE PROPOSAL Exhibit B S.T=h=613id DMM 18.13958-NfA City of Lubbock, TX Proposal Price Sheet RADIO COMMUNICATION EQUIPMENT (*Catalogs/Pricelists must be submitted with Proposals or Proposal will not be considered) State Percent (%of Item Short Description Full Description List Price Discount off Exceptions to Discount Catalog/Pricelist Please state the discount Basic Portable Radio used non Public Safety -Optional additional (%) off Catalog / 700/800 MHz P25 Phase 11 TDMA Warranty 1 Pricelist MUST be Trunked/Conventional $2,470.03 o 31/a -Harris 3 Pa Vendor included or proposal Link Layer Authentication and Single key DES items will not be considered encryption Battery, desk charger and antenna. Please state the discount Basic Portable Radio used by Public Safety -Optional additional (%) off Catalog / 700/800 MHz PS25 Phase 11 TDMA Warranty 2 Pricelist MUST be Trunked/Conventional Link Layer Authentication, $4,310.01 31 % -Harris 3`° Party Vendor included or proposal Single key DES encryption Battery, desk charger items will not be considered and antenna. Please state the discount Quad Band Portable Radio 700/800 MHz P2S -Optional additional (%) off Catalog / Phase 11 TDMA Tnmked/Convcntioml VHF and Warranty 3 Pricehsl MUST be UHF. Link Layer Authentication and AES $6,875.00 31 % -Harris So Party Vendor included or proposal Encryption, Battery, desk charger and macron items will not be considered Basic Mobile Radio Dash Mount Radio used by -Optional additional Please slate the discount Non Public Safety and Public Safety 700/800 MHz Warranty (%) off Catalog / P25 Phase H TDMA Trunked/Conventional OR- -Harris 3`tl Party Vendor 4 Pricelist MUST be VHF msJ T F&. Link Layer Authentication, Single $3,620.96 31 % items included or proposal key DES encryption, microphone Page ry, desk - will not be considered ehargerand antenna and coax kit Please state the discount Basic Mobile Dash Mount Radio used by Public -Optional additional (%) off Catalog / Safety and Non Public Safety 700/800 MHz P25 Warranty 5 Pricelist MUST be Phase 11TDMA Trunked/Conventional $5,039.52 ➢ 31 /a -Hams 3 Party Vendor included proposal Link Layer Authentication and Single key DES items will not bea considered encryption antenna, coax kit 5 V'urthv`➢tl �!a!Rn' Ir�l]95&MA 39 • Antenna, Battery • Desk Charger • Single Key DES • Battery Clips • Microphone • Optional AES Encryption A. All radios must have 700/800 MHz trunked and conventional capability. B. Must have the capability to work with Harris Link Layer Authentication. All software required must be in the Equipment. Single Key DES required in all radios. C. AES encryption capability will be required on some. D. All pricing must include all software and equipment necessary to function on the City of Lubbock system. S:\Pumhne\DW DoaUtFP 18-13958-MA 24 State Percent (%) of Item Short Description Full Description List Price Discount off Exceptions to Discount Catalo ricelist y Please state the discount Quad Basic Dash Mounted Mobile Radio 700/800 -Optional additional 6 (%) off Camlog/Pricelist MUST MHz P25 Phase 11 TDMA Tmnked/Conventional $7,264.51 31 % Warranty -Harris 3`0 Party Vendor be included or proposal VHF AND UHF Link Layer Authentication and items will not be osnsideed Single key DES encryption antenna, coax kit (*Camlogs/Pricelism must be submitted with Proposals or Proposal will not be considered) Discounts on Accessories State Percent (%) of Item Description List Price Discount off Exceptions to Discount Catalo ricelist' XL-200 and XL-185 Radio Accessories and Features BELT LOOP, LEATHER, PREMIUM $ 60.00 26% CASE,LEATHER,PREMIUM,BELT LOOP,D-SWIVEL $ 140.00 26% CASE,LEATHER,PREM,BELT LOOP,D-SWIVEL,LTE $ 145.00 26% CASE,LEATHER,PREMIUM, SHOULDER STRAP $ 150.00 26% CASE,LEATHER,PREMIUM,SHOULDER STRAP,LTE $ 155.00 26% CASE,LEATHER,W/ BELT LOOP,BLK HOW S 100.00 26% CASE,LEATHER,BELT LOOP, D-SWIVEL S 120.00 26% BELTCUP,METAL S 25.00 26% SPEAKER MICROPHONE S 195.00 26% SPEAKER MICROPHONE,EMER BUTTON S 200.00 26% BLUETOOTH,COVERT,EARPIECE/MIC/PTT $ 179.00 26% s.wnEeraWuoo isnassaa.s $ 299.00 26% SPEAKER MIC,WIRELESS,BLUETOOTH,ADVANCED $ 215.00 26% MICROPHONE,PALM,2 WIRE,BLACK $ 215.00 26% MICROPHONE,MINI-LAPEL,3 WIRE,BLACK $ 65.00 26% EARPHONE,LAPEL MICROPHONE $ 65.00 26% EARPHONE,SPEAKER MIC,RIGHT ANGLE,2.5MM MODULE,LTE,B14&B4/13,FIELD UPGRADE KIT $ 1,645.00 26% BATTERY,LHON,3100 MAH $ 150.00 26% CHARGER,1-BAY,XL-185P $ 150.00 26% FEATURE,P25 OTAR(OVER-THE-AIR-REKEYING) $ 595.00 26% FEATURE,256-AES,64-DES ENCRYPTION $ 695.00 26% XG25 Portable Accessories and Features $ 60.00 26% BELT LOOP, LEATHER, PREMIUM CASE,LEATHER,PREMIUM,XG75/25,BELT LOOP $ 130.00 26% CASE,LEATHER, PRE M I U M,XG75/25,SH LDERSTRAP $ 150.00 26% Belt Loop,Leather with Swivel $ 35.00 26% Case,Leather,w/ Belt Loop,XG-25P $ 130.00 26% $ 155.00 26% SPEAKER MIC,FM S:1Pwchuue8id DmIXFP 19-13959-MA C C C SPEAKER MIC,COILED,FM $ 160.00 26% SPEAKER MIC,GPS $ 575.00 26% SPEAKER MIC,WIRELESS,BLUETOOTH,ADVANCED $ 299.00 26% SPEAKER MIC,WIRELESS, BLUETOOTH,ADV,ANZ $ 299.00 26% ANTENNA,ENHANCED,WHIP,1/2WAVE 762-87OMHZ $ 40.00 26% BATTERY,LI-ION,2400 MAH $ 80.00 26% Battery,Li-Polymer,3600mAH $ 140.00 26% CHARGER,SINGLE BAY,TRI-CHEMISTRY,XG-25P $ 120.00 26% Earphone Kit,Black,P5300/5400 $ 120.00 26% Earphone Kit, Beige,P5300/5400 $ 120.00 26% Feature,P25 OTAR (Over -the -Air -Re keying) $ 495.00 26% Feature,AES 256-bit Encryption $ 495.00 26% XG100 Mobile and Features Feature, Over-the-Air-Rekeying (OTAR) $ 695.00 26% Feature Package,P25 Encryption AES 256-bit Encryption $ 695.00 26% XG75 Mobile and Features Feature, Over-the-Air-Rekeying (OTAR) $ 495.00 26% S^Pumhue Sid Doc%\RFP 18-13938-MA c c c Feature,256-bit AES and EDACS ECP Encryption $ 495.00 26% XG-25 Mobile and Features FEATURE, P25 OVER -THE -AIR REKEYING (OTAR) $ 465.00 26% Feature,256-bitAES and EDACS ECP Encryption $ 495.00 26% Freight Per Radio Freight Charge Up to $15.00 each radio Variable due to quantity in shipment Per Accessory Freight Charge Up to $10.00 each accessory Variable due to quantity in shipment General Other Harris portable and mobile accessories from the Harris Catalog Variable 26% -Optional additional Warranty -Hams 3rcl Party Vendor items Harris Extended Warranty options for mobiles and portables Variable 0% 3td Party Harris Accessories Variable 5% (*Catalogs/Pricelists must be submitted with Proposals or Proposal will not be considered) All pricing must include all software and equipment necessary to function on the City of Lubbock system. Cost shall include - Product and Freight. S:TWd aseBid DocMRFY 18-13958-MA N W Recommended Features for the following Radio Tiers: High Tier Multiband Portable Radio Renuirementc Hardware Features Requirements XL-200P Portable IP Rating IP 68 Comply IP68 Keypad Full Comply System Model Knob Configuration Separate volume and Group select Comply Display Viewable with Polarized Glasses Comply Radio based: Man -Down Functionality Yes Comply Programmable Side Buttons Three Comply Top Display Yes Comply Bluetooth Operation Yes, version 4 or later Comply Power Output 3 Watts for 700 and 800MHz Comply Channel Capacity Over 1000 Exceed, 12,500 channels FirstNet Ready Nice to have Optional with LTE Band 14 module Multiple Radio Microphones for noise cancellation Two or more Exceed, 3 microphones on radio MIL -STD 810G Comply Wi-Fi (Both 2.4and 5.0 GHz) Yes Comply, Included both Wi-Fi bands Battery Li -Ion Comply Software Features Multiband Operation VHF, UHF, 700, 800 Supported Comply, all four (4) bands included Wi-Fi Operation Yes Comply, Included Single Key Encryption DES, (AES preferred) Comply, Included both AES and DES Voice Annunciation Yes Comply P25 Phase 2 Yes Comply, Feature Included P25 Trunking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Required Accessories: Antenna Battery Charger Battery Clip Microphone Included Included Included Included Included SAPumhax\Bid Docs\M IS- I3958•MA N Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced Medium Tier Portable Radio Reauirements Hardware Features Requirements XL-185P Portable IP Rating IP 68 Comply IP68 Keypad Partial Comply Scan Model Knob Configuration Separate volume and Group select Comply Display Viewable with Polarized Glasses Comply Radio based: Man -Down Functionality Yes Comply Programmable Side Buttons Three Comply Top Display Yes Comply Bluetooth Operation Yes, version 4 or later Comply Power Output 3 Watts for 700 and 800MHz Comply Channel Capacity Over 1000 Exceed, 12,500 channels FirstNet Ready Nice to have Optional with LTE Band 14 module Multiple Radio Microphones for noise cancellation Two or more Exceed, 3 microphones on radio MIL -STD 810G Comply Wi-Fi (Both 2.4and 5.0 GHz Yes Comply, Included Battery Li -Ion Comply Software Features Wi-Fi Operation Yes Comply, one band included with extra bands optional Single Key Encryption DES, (AES preferred) Comply, Included both AES and DES Voice Annunciation Yes Comply, Included P25 Phase 2 Yes Comply, Feature Included P25 Trunking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Comply, Feature Included S-RurchmeMd Dm\RFP 18-11958•MA Lim Required Accessories: Antenna Included Battery Included Charger Included Battery Clip Included Microphone Included Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced Low Tier Portable Radio Reauirements Hardware Features Requirements XG-25P Portable IP Rating IP 66 Comply Keypad Partial Comply, Scan Model Knob Configuration Separate volume and Group select Comply Display Viewable with Polarized Glasses Comply Programmable Side Button One Comply, two programmable buttons Power Output 3 Watts for 700 and 800MHz Comply Channel Capacity Over 500 Comply, 1024 channels MIL -STD 81 OG Comply Battery Li -Ion Comply Software Features Single Key Encryption DES, (AES preferred) Included both AES and DES P25 Phase 2 Yes Comply, Feature Included P25 Trunking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Required Accessories: Antenna Battery Charger Battery Clip Microphone Included Included Included Included Included Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced Si PurdmeBid Dm\M 1&13958-MA V High Tier Mobile Radio Reauirements Hardware Features Requirements XG100M Mobile Keypad Full Comply, System Control Head Knob Configuration Separate volume and Group select Comply Power Output 30 Watts for 700 and 800MHz Comply Channel Capacity Over 1000 Comply, 1024 channels Mounting Remote Mount Comply Software Features Multiband Operation VHF, UHF, 700, 800 Supported Comply, all four (4) bands included Single Key Encryption DES, (AES preferred) Included AES Single Key Voice Annunciation Yes Comply P25 Phase 2 Yes Comply, Feature Included P25 Trunking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Required Accessories: Antenna Microphone Included Included Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced Medium Tier Mobile Radio Reauirements Hardware Features Requirements XG-75M Mobile Keypad Partial Comply, Scan Control Head Knob Configuration Separate volume and Group select Comply Power Output 30 Watts for 700 and 800MHz Comply Channel Capacity Over 1000 Comply, 1024 Mounting Remote Mount Comply Software Features Single Key Encryption DES, (AES preferred) Included both AES and DES P25 Phase 2 Yes Comply, Feature Included S:NPur&tselBid DOCSAR 18-13958-MA ILE P25 Trunking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Required Accessories: Antenna Microphone Included Included Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced Low Tier Mobile Radio Reauirements Hardware Features Requirements XG25M Mobile Keypad Partial Comply, Scan Control Head Knob Configuration Separate volume and Group select Comply Power Output 30 Watts for 700 and 800MHz Comply Channel Capacity Over 500 Comply, 512 channels Software Features Single Key Encryption DES, (AES preferred) Included both AES and DES P25 Phase 2 Yes Comply, Feature Included P25 Tnmking Yes Comply, Feature Included P25 Conventional Yes Comply, Feature Included Link Layer Authentication Yes Comply, Feature Included Required Accessories: Antenna Microphone Included Included Optional Software AES Encryption Optional Available, Priced Over the Air Rekeying Optional Available, Priced S.TurchaW idOas�RRI&-I3938-MA Exhibit C GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1 Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Director informed at all times of the status of the order. 5 Damage Assessment: Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the ordering entity to make delivery after the number of days established by the contract or the purchase. 7 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. — 4:00 P.M., Monday through Friday, except on City holidays, at the designated location. 9 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. 10 No Warranty by the City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the lilac, Seller wil! save The City harmles If Scllcr in good faith ascertains the I I Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 12 Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 13 Title & Risk of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 14 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 15 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 16 SSRecial Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filing this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 17 Non -Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set l } forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this �J provision and another provision in, or related to, this document, this provision shall control. 18 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 19 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by the City will be at the Seller's expense 20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vehicles with remain on City premises, or which are removed by towing company, five working days after vendor is notification. 22 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has V bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 23 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be effected ` } by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is �•J terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 24 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 25 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 City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved ply. 27 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 28 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 29 Right to Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 30 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 31 Nan -Appropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 32 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 33 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 34 Environmental Stewardship: The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: 0 minimize waste and pollution generation; • conserve natural resources and energy; �J • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 35. Non -Arbitration. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 35 The City Right to Audit: At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 36 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 37. Assigning or Sublettine The Contract: The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements 38. House Bill 1295: House Bill 1295 adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of pequry. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at https://www.ethics.sta(e.tx.us/whatsnew/elf info form I295.htm 39. Contractor Acknowledges, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 40. House Bill 89, effective September 1, 2017, amended the Texas Government Code to add Chapter 2270. Prohibition on Contracts with Companies Boycotting Israel. Effective September 1, 2017, a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. By accepting this purchase order, the Vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. 41. Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.