HomeMy WebLinkAboutResolution - 2021-R0290 - Contract 15959 with LBK Defense, LLC 8.24.21Resolution No. 2021-R0290
Item No. 7.6
August 24, 2021
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, Service Contract No. 15959 for security services as
per ITB 21-15959-YB, by and between the City of Lubbock and LBK Defense, LLC, of
Lubbock, 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
August 24, 2021
DANIEL M. POPE, MAYOR
ATTEST:
,/-Q V, "I. j1C
Rebe a Garza, City Secre
APPROVED AS TO CONTENT:
1! �/) L--=: 7 K�
D. lu Kos elich, Chief Financial Officer
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.ServiceContract 15959 LBK Defense
08.02.21
Resolution No. 2021-R0290
Contract 15959
City of Lubbock, TX
Contract for
Security Services
THIS CONTRACT made and entered into this24th day of August , 2021, by and between the
City of Lubbock ("City"), and LBK Defense, LLC ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly requested bids for Security Services and bids
were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by the Contractor, the City
authorized the execution, in the name of the City a contract with said Contractor covering the services
of ITB 21-15959-YB, Security Services.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contract will deliver Security Services to the City and more
specifically referred to as Items one through two on the bid submitted by the Contractor or in
the specification attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of four (4), one year extensions,
said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this bid.
Actual usage may be more or less. Order quantities will be determined by actual need. The City
of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or
maximum amount of services under this bid and resulting contract. The Contractor must
maintain the insurance coverage required during the term of this contract including any
extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with
the Purchasing and Contract Management Department as required by contract or contract may
be terminated for non-compliance.
4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. 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.
5. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
7. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate 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.
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):
IMPORTANT: POLICY ENDORSEMENTS
TYPE OF INSURANCE COMBINED SINGLE LIMIT
GENERAL LIABILITY
® Commercial General Liability General Aggregate $1,000,000
® Occurrence Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
AUTOMOTIVE LIABILITY
® Any Auto ❑ All Owned Autos Per Occurrence $1,000,000
® WORKERS COMPENSATION —
STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages.
The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor.
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;
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.
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, Director of Purchasing & Contract Management
City of Lubbock
1314 Avenue K, Floor 9
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.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. 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.
10. 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.
11. 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 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.
12. 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.
13. 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.
14. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
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.
15. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information related
to the contract as provided by the records retention requirements applicable to the governmental
body for the duration of the contract; (2) promptly provide to the governmental body any
contracting information related to the contract that is in the custody or possession of the entity
on request of the governmental body; and (3) on completion of the contract, either: (A) provide
at no cost to the governmental body all contracting information related to the contract that is in
the custody or possession of the entity; or (B) preserve the contracting information related to the
contract as provided by the records retention requirements applicable to the governmental body.
16. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company with
10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly
or partly from public funds of the governmental entity. (b) A governmental entity may not enter
into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract.
17. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
18. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
19. This Contract consists of the following documents set forth herein; Invitation to Bid No. 21-
15959-YB, Specifications, and the Bid Form.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract I
e executed the day and
year first above written. Executed in triplicate. A ,
CITY OF U OCK
Daniel M. Pope, Mayor
ATTEST:
R qea Garza, City Secr tary
APPROVED AS TO CONTENT:
WA'e—
Marta A arez, Director of Purchasing
and Contract Management
PPROVED AS TO FORM:
Ph"
el i Lei ure, Assistant City Attorney
BY
Authorized Re esentative
Lie l�Q v. �e�td)500
Print Name
(ouo
Address
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City, State, Zip Code
City of Lubbock, TX
ITB 21-15959-YB
Security Services
Specifications
1. SCOPE
1.1. This is an Invitation to Bid for a licensed and qualified security guard company to provide on -
site uniformed unarmed or armed guard services at designated City of Lubbock facilities.
2. REFERENCES
2.1. Respondent shall submit a minimum of three references that can verify the qualifications and
experience requirements for services completed within the past 24 months.
2.2. References shall illustrate respondent's ability to provide the services outlined in the
specification. References shall include name, point of contact, telephone number, and dates
services were performed.
3. RESPONDENT QUALIFICATIONS:
3.1. The respondent shall be an established company engaged in the business of providing security
guard services with a minimum of three years' experience within the last five years.
3.2. Have sufficient security staff and security guard personnel to meet City of Lubbock needs.
4. SERVICE REQUIREMENTS: The vendor shall ensure the following service requirements are
provided.
4.1. Post procedures will be identified and developed. The security guards shall perform, but not be
limited to the following:
4.1.1. Ensure door and gates are locked and unlocked as requested by the City of Lubbock
designated representative.
4.1.2. Patrol by foot, interior and exterior of buildings and grounds.
4.1.3. Report any maintenance problems to the City of Lubbock on site building facility manager.
4.1.4. Check -in by phone or 2-way radio as established by post instructions to their dispatcher
or to report any hazardous safety condition.
4.2. Security Guard Requirements: All security guards utilized shall meet the following
requirements:
4.2.1. Be knowledgeable of the specification requirements and post instructions to ensure strict
compliance with the requirements is maintained.
4.2.2. Be able to walk unassisted a minimum of 300 yards, climb stairs, and be able to lift and
carry 20 pounds.
4.2.3. Maintain respect for employees, contractors, and visitors and conduct themselves with a
high level of professionalism. Maintain a business like demeanor at all times.
4.2.4. Not depart their assigned duty area(s) until they have been properly relieved. Under no
circumstances shall any assigned duty area be left abandoned without approval from City
of Lubbock designated representative.
4.2.5. Shall be alert to surrounding area of responsibility at all times.
4.2.6. Ensure unauthorized personnel are not permitted on the City of Lubbock grounds and in
facilities at any time.
4.2.7. Be physically and mentally qualified to perform the requirements of this specification.
4.2.8. Be a high school graduate or hold a GED equivalent.
4.2.9. Be fluent in English with ability to receive, give, and understand written and verbal
instructions and procedures.
4.2.10. Ability to communicate orally and in writing.
4.2.11. Possess proper telephone etiquette answering skills.
4.3. Uniforms:
4.3.1. The security guard shall be in uniform at all times while on duty. The uniform shall be
neat, clean, pressed and kept in good physical condition. Non -company supplied
symbols, pins, buttons, or slogans may not be applied to the uniform.
4.3.2. Wear an identifying name badge with the company's logo which shall be clearly visible.
4.3.3. Maintain a neat and professional appearance at all times.
4.3.4. Carry all equipment necessary in the performance of their duty
5. VENDOR REQUIREMENTS:
5.1. The vendor shall have an office located in, Lubbock, County, Texas, where the security guard
services are required. Provide a local, 24-hour, 7 day a week phone number. The contract
manager or site supervisor shall return calls within 15 minutes of being contacted by the City of
Lubbock designated representative.
5.2. When requested by the City of Lubbock, provide background check results on vendor assigned
security guards.
5.3. Provide the City of Lubbock designated representative the names of all security guard personnel
performing under this contract.
5.4. Meet with the City of Lubbock designated representative and establish post procedure and
instructions for each assigned post.
5.5. Provide an updated assigned list of replacement personnel to changes as soon as they occur.
6. PERSONNEL REPLACEMENT
6. L The City of Lubbock reserves the right to request to remove and replace any security guard or
staff who is not attentive to duty requirements, and who is not in compliance with service
requirements in this specification.
6.2. Vendor shall replace the security guard within one hour.
6.3. It is the vendor's responsibility to ensure assigned security guards are at their designated post at
the scheduled time. If a security guard is unable to report to duty as scheduled, the vendor shall
immediately provide a replacement to begin at the designated scheduled time.
II. 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.
1Quantities: 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 DelaX1 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. - 3:30 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 like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance
with the specifications will result in infringement or the like, the contract shall be null and void.
11 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 Special 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 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.
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 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 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 party.
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 Nonappropriation: 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 nonappropriation 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:
• minimize waste and pollution generation;
• conserve natural resources and energy;
• 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 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. CONTRACTOR ACKNOWLEDGES,
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.
37. CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence
and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law.
38. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees
from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting
the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or
injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or
occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance,
operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation
provided herein shall survive the expiration or termination of this agreement.
City of i nhhock, TX
Piirch.90ng and Contract Management
Rid tinhmiccion Informatlon
in comphnnc c i% ith Ill, invitation to Rid the undereigned (odder having examined the invitation to Bid
and Cpecif►catums. and he►ne familiar %� ilh the conditions to he met, hereby mhrnit4 the following Bid for
fumishing the material. eq►npment, labor and c%crything necctsary ('or providing the items listed below and
agrees to dclive► caul item, at the locations and for the prices set forth oil thi4 form and/or the bid table
associated -with th►c hid n bid will be subject to being considered irregular and may be rejected if it shows
ornvzgion,, alteration% of form, conditional alternate bids, addition or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected
valuc-). of ►rremilaritics of am kind. The invitation to Bid is by reference incorporated in this contract.
The Cih• of Lubbock is seeking a contract for pith one or more contractors. In order to assure
adequate coverage, the Cih, may make multiple awards, selecting multiple vendors to provide the
products desired, if multiple awards are in the best interest of the City. A decision to make a multiple
aHard of this Bid, however, is an option reserved by the City, based on the needs of the City.
PAC1ENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated
on the Bid Form. payment terms will be NET THIRTY DAYS. The City will pay the successful bidder
xvith►n thirt- days after the receipt of a correct invoice or after the date of acceptance, whichever event
occurs later. Discount,, for prompt payment requiring payment by the City within a stipulated number of
days «gill be interpreted as applying within the stipulated number of calendar days after the date of receipt
b\ the City of a correct ins nice or after the date of acceptance that meets contract requirements, whichever
event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else. including its most favored customer, for like quality and quantity of the
products services; does not include an element of profit on the sale in excess of that normally obtained by
the Bidder on the sale of products/services of like quality and quantity; and does not include any provision
for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for
sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at
a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
rNTTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interloeal Cooperation Act (Chapter 791,
Government Code), the right to purchase the same services, at the prices quoted, for the period of this
contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor
Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental
entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent
School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District,
Lubbock Indepdndent School District, South Plains Association of Governments, City of Texarkana,
Texas Tech U versity, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
City of Lubbock
Purchasing and Contract Management
ITB 21-15959-YB
Security Services
LBK Defense, LLC of Lubbock, TX
Estimated
Price Per
Extended
Description
Qty (+/-)
UOM HR
Cost
#0-1 - Security Guard Services — Regular Rate
1200
HR 20.00
$ 24,000.00
#0-2 - Security Guard Services — Holiday Rate
200
HR 20.00
4,000.00
Total $ 28,000.00
If you (tile bidder) checked YES, the following will apply:
Governmental entities utilising Intcrlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result ol'ihis solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and raid by that governmental entity.
City of Lubbock will not be responsible for another governmental entity's debts. Each governmental
entity will order their own materials/service as needed.
Addenda
Bidder acknowledges receipt of addenda issued in regard to this solicitation by initialing
Submission Information
THIS BID 1S SUBMITTED BY
C
Bidder's Initials
a corporation organized under the lays of the State of 71e Cn� , or a partnership consisting
of
the City of _ L_yy jn [ L
Address: 11n (n I PXG S
or individual trading as
City: / A State:_ Zip:
MM'BE Firm
Woman Black American I LXative American
Hispanic American I I Asian Pacific American Other (Specify)
Please complete the information below for the person submitting this bid.
Officer Name and Title:
Business Telephone Number %b `� 77 990 FAX:
E-mail
of
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
lofl
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:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2021-792810
LBK Defense, LLC
Lubbock, TX United States
Date Filed:
08/19/2021
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
08/19/2021
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.
15959
Security
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Peterson, Carelton
Lubbock , TX United States
X
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
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2021-792810
LBK Defense, LLC
Lubbock, TX United States
Date Filed:
08/19/2021
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
g
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.
15959
Security
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Peterson, Carelton
Lubbock , TX United States
X
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is Carelton Peterson and my date of birth is
Myaddressis 8524 County Road 6440 Lubbock TX
79416 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Lubbock County, State of Texas on e
19 day of 08 20 21
(month) (year)
Signature of authorizes agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
Cheryl Brock
Changed On
Description
05/25/2021
Approved User ID
05/25/2021
Completed
05/25/2021
Complete Date
05/25/2021
Item Review Status ID
05/25/2021
Passed
05/25/2021
StatusChangedDate
Before After
[none]
Brock, Cheryl
No
Yes
[none]
5/25/2021
Under Review
Approved
No
Yes
[none]
5/25/2021
Lainey Morrison
Changed On Description Before After
05/27/2021
Approved User ID
[none]
Morrison, Lainey
05/27/2021
Completed
No
Yes
05/27/2021
Complete Date
[none]
5/27/2021
05/27/2021
Item Review Status ID
Under Review
Approved
05/27/2021
Passed
No
Yes
05/27/2021
StatusChangedDate
[none]
5/27/2021
08/03/2021
Attachment added
08/03/2021
Approved User ID
[none]
Morrison, Lainey
08/03/2021
Completed
No
Yes
08/03/2021
Complete Date
[none]
8/3/2021
08/03/2021
Item Review Status ID
Under Review
Approved
08/03/2021
Passed
No
Yes
08/03/2021
StatusChangedDate
[none]
8/3/2021
Marta Alvarez
Changed On Description
05/25/2021 Plan added
05/25/2021 Workflow Status
05/25/2021 Plan Submittal added
05/25/2021 Start Date
05/25/2021 Workflow Status
Before
Not Started
[none]
Not Started
05/25/2021
Geo Rules Caller Type
None
05/25/2021
Completed
No
05/25/2021
Complete Date
[none]
05/25/2021
Completed
No
August 20, 2021
Current Balance Cost of Good/Services Additional Info
$0.00
Item Review (Budget Director)
$0.00
Item Review (Budget Director)
$0.00
Item Review (Budget Director)
$0.00
Item Review (Budget Director)
$0.00
Item Review (Budget Director)
$0.00
Item Review (Budget Director)
Current Balance Cost of Good/Services
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Additional Info
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Attachment (15959 ins req.pdf)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
After
Current Balance Cost of Good/Services
Additional Info
$0.00
Plan (PUR-2021-15959)
Started
$0.00
Plan workflow step text: (Initial Internal
Review by Purchasing)
$0.00
Plan submittal text: (5/25/2021)
5/25/2021
$0.00
Plan workflow step action text:
(Completeness Check)
Started
$0.00
Plan workflow step action text:
(Completeness Check)
Submittal —Received
$0.00
Plan (PUR-2021-15959)
Yes
$0.00
Plan submittal text: (5/25/2021)
5/25/2021
$0.00
Plan submittal text: (5/25/2021)
Yes
$0.00
Plan Submittal Item Review (Purchasing
Approval)
Page 1 of 3
08/02/2021 Workflow Step General Reas
08/02/2021 Geo Rules Caller Type None
08/02/2021 Workflow Status Not Started
08/02/2021 Plan Submittal added
08/02/2021 Start Date [none]
08/02/2021 Workflow Status Not Started
SKIP: (By: Marta Alvarez) $0.00 NR
Submittal —Received $0.00 Plan (PUR-2021-15959)
Started $0.00 Plan workflow step text: (Final Approvals)
$0.00 Plan submittal text: (8/2/2021)
8/2/2021 $0.00 Plan workflow step action text: (Create Final
Approvals)
Started $0.00 Plan workflow step action text: (Create Final
Approvals)
August 20, 2021 _ Page 3 of 3