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HomeMy WebLinkAboutResolution - 2022-R0143 - PO 10025153 with Advanced Security Technologies 3.22.22Resolution No. 2022-RO143 Item No. 7.31 March 22, 2022 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 fo and on behalf of the City of Lubbock, Purchase Order No. 10025153 for the purchase of Modul Vehicle Barrier System with Trailer, by and between the City of Lubbock and Advanced Securi Technologies, LLC, and related documents. Said Purchase Order is attached hereto an( 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 ATTEST: Reb ca Garza, City Secret APPROVED AS TO CONTENT: Police APPROVED AS TO FORM: Jd5fartiell, Assistant City Attorney March 22, 2022 DANIEL M. POPE, MAYOR vw:ccdocs/RES.Advanced Security Tech-PurchaseOrd March 11, 2022 City of PURCHASE ORDER Lubbock TEXAS ADVANCED SECURITY TECHNOLO IE ,LLC TO: 47 TRAUTWEIN CRESCENT SHIP TO: CLOSTER NJ 07624-2935 Page - 1 Date - 3/11/2022 Order Number 10025153 000 OP Branch/Plant 5735 CITY OF LUBBOCK POLICE DEPARTMENT 916 TEXAS AVENUE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:Y'o Marta A area, Director of Purchasing & Contract Management Ordered 3/11/2022 Freight Requested 5/31/2022 Taken By Delivery PER L PEDERSON, REQ 58614 SOLE SOURCE SBALLANCE If you have any questions, please contact Lisa Pederson: LPederson@mylubbock.com or 806-775-2765 Description/Supplier Item Ordered Unit Cost UM Extension Request Date 48 MVB3X Capaciy Fully Loaded 1.000 122,946.0000 EA 122,946.00 5/31/2022 ASM-4848- 320208-20B Trailer System Total Order Terms NET 30 122,946.00 This purchase order encumbers funds in the amount of $248,800.00 awarded to Advanced Security Technologies LLC of Closter, NJ, on March 22nd , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated January 20, 2022, from Advanced Security Technologies LLC of Closter, NJ, and Sole Source for this product. Resolution # 2022-RO 143 CITY OF L OCK ATTEST: Daniel M. Pope, Mayor Rebe ca Garza, City Sec-retatkJ Rev. 9/2021 PURCHASE ORDER Seller and Buyer agree as follows: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 1 SELLER TO PACKAGE GOODS 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) Containernumber 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 tamers and any applicable specifications Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists 2 SHIPhIENT 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 3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery 4 NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this 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 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward 5 INVOICES & PAYMENTS a S e I I e r shall submit separate invoices, in duplicate, one 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, should be attached to the invoice Mail To Accounts Payable, City of Lubbock, P 0 Box 2000, Lubbock, Texas 79457 Payment shall not be due until the above instruments are submitted after delivery 6 GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to 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 this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providingsuch gratuities 7 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8 WARRANTY -PRICE a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of 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 others, or in the alternative Buyer may cancel this contract without liability to Seller for breach of Seller's actual expense b The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or othenvise recover the full amount of such commission, percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Sellers liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the event the product does not conform to OSHA standards, Buyer may return 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 Buyer will be at the Seller's expense 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like Buyer 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 Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer 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 12 NON 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 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 ) ear 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 thirt) (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 13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them 14 CANCELLATION Buyer 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 or commits acts of bankruptcy Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein 16 FORCE MAJEURE Neither party shall be held responsible for losses, resulting if the fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said parry is unable to prevent 17 ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph 18 WAIVER No claim or right arising out of a breach of this 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 19 INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and 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 this agreement, the definition contained in the Code is to control. 20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code. Whereever 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 this agreement 21 RIGHT TO ASSURANCE Whenever one party to this 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 his 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 22 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, 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 subSeller 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 therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided 23 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement 24 h®E The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award 25 NON -ARBITRATION 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 maybe exercised concurrently To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control 26 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 27 ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assignor 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 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295. adopted by the 84th Legislature, created §2252 909, 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 Instructions for completing Forth 1295 are available at hap Avw%v 6 lubbock.ucnformation 30 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 31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (I8) years of age, pursuant to Texas Government Code. Chapter 2252, Section 2252 152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806 051, Section 807 051 or Section 2253 153 I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. 32. TEXAS GOVERNMENT CODE, CHAPTER 2270 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 33 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter 1, 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, Pursuant to Section 552 301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request Please send this request to this email address for it to be processed on irr ylILh L...us REV 9/2021 M 7� Bringing Advanced Technologies to the Security World January 20, 2022 Nathan White Assistant Chief Tel: 806-775-2759 Lubbock Police Department Email: mwhite@mvlubbock.us 916 Texas Ave. Lubbock, TX REFERENCE: Modular Vehicle Barrier 3X System -Price Quotation — 48 Unit Trailer Dear Assistant Chief White, It was a pleasure speaking with you regarding the Mifram Modular Vehicle Barrier System. Per our conversation, please find additional product information on the Mifram Modular Vehicle Barrier 3X System. Advanced Security Technologies LLC (AST) is the US distributer and sales arm for the Mifram product line. AST also manufactures dedicated US made transport trailers that can be used as a shard asset to transport the equipment to different events. After the event, the equipment is loaded back into the dedicated trailer that will be used as storage. A. System Advantaees: 1. One person to install 2. One person to dismantle at the end of the event 3. One minute for each section to be connected 4. Quick access in case of an emergency 5. System can be used as an active gate 6. Assembled without the need of any tools 7. Folds for easy carrying 8. Easy to store 9. Zero maintenance 10. Complete modular system. System can be as short or long as the event requires. B. Mobile Vehicle Barrier Vehicle Barrier Specification: 1. Barriers must be certified to ASTM-F2656-15. 2. Barriers must be certified to ASTM/PAS 68 & IWA standards. 3. Barrier System must be modular and adaptable to any road width. 4. Spacing between barriers must be 21". 5. Each complete MV63X unit must weigh less than 55 lbs. www.adsectec.com 6. Each unit dimensions: L-46.5", W^21", H-32". 7. Tools shall not be required. System is to be assembled with pins. 8. Barriers must have the ability to be folded for transportation. 9. Property tag labelling service must be made available as part of this package. 10. MVB3X units must have the option to pivot and transition into an operational gate. 11. MVB3X units must have the option of slide wheels. 12. MVB3X pivoting section shall be modular (meaning user can decide how many sections to open). 13. Barriers must be capable of quick deployment (less than a minute to deploy a single unit). 14. Barriers must be able to be deployed by one person. 15. Bottom edges of the barriers shall be protected by aluminum covers (for pedestrian safety). 16. Barrier System shall have the ability to be deployed from the road and up to sidewalk in one continuous line. 17. MVB3X units shall have multi -terrain capability. 18. MVB3X units shall not require any maintenance. 19. Magnetic sequential lights shall attach to MVB3X units. C. MVB3X Transport Trailer Specification: 1. The Trailer shall be made in the United States and comply with US DOT regulations 2. The Trailer must be NEW/unused 3. Trailer to include drip rails 4. Trailer can hold up to 48MVB3X units + Pivots 5. 48-unit trailer will have 4 doors on each side 6. Trailer shall be 16 feet long 7. Trailer shall be 101.5" wide 8. Tandem axel 9. 10,000/14,000 lb hauling capacity 10. Electric brakes 11. LED lighting 12. 15,000 lb Safety chain 13. 2 5/16" hitch 14. Spare wheel + Tire ST225/75/1112 (6 Lug) 15. All containment steel shall be powder coated 16. MVB3X barriers can be loaded/stored from both sides 17. Each MVB3X unit has its own dedicated slot for safe transport 18. Each MVB3X is locked in place for transport with secondary retainment system 19. Each MVB3X tray shall have UHMH 20. Unit shall have Stainless Steel latches & hinges 21. Zinc coated steel rivets 22. Zinc coated nuts & bolts 23. Dedicated space for pivot units 24. Each door has locks for safe storage. All keyed alike. 25. Single/double extra storage compartments shall be provided on the trailer (one in the front of the trailer and an additional unit in the back of the trailer). Each compartment shall be 24" tall x 35" deep x 96" wide. www.adsectec.com I www.vehicle-barriers.com 2 � ��:Yi��A 26. Trailer shall black color D. Pricine Information 48 X MVB3X Unit Trailer — Provides approximately 6 lanes of Coverage per Trailer System Number Description Unit Price AST3X-48/48-320208-20B 48 MVB3X Capacity Fully Loaded Trailer System $122,946 Freight F.O.B. Destination Included AST Services Equipment Training (Fee Waived) Included MV1B3X New Generation MVB Unit Price QTY Extended MVB3X unit $1,455 48 $69,840 Pivot system $594 24 $14,256 Slide Wheels - fixed $435 2 $870 Slide Wheels - rotating $435 6 $2,610 Large Storage/Shipping Box $1,287 3 $3,861 [RECHARGEABLE] Set of 10 ICS Sequential Flares (Orange Side LED/Red Top LED) - Orange Plastic $650 2 $1,300 Single Lane Banner $875 1 $875 One-time On -site Product Training (fee waived) $1,200 1 $ - Freight $925 1 $925 Transport Options Unit Price QTY Extended Trailer for up to 48 x MVB3X units plus pivots. Trailer will have 4 door on each side. Each section will be two rows of 3 sections tall $25,509 1 $25,509 Shipping of Trailer to your site $2,900 1 $2,900 MVB-3X Total $122,946 48 x MVB3X Unit Trailer with 4 doors on each side www.adsectec.com I www.vehicle-barriers.com F� �1;1- ' - i t- E. Note: 1. Property tag labelling service must be made available as part of this package. If desired, property tags and other adhesive labelling can be applied to each MVB3X Unit prior to delivery at no additional charge. Property tags and other adhesive labels must be supplied by the end user. 2. Number of pivots and sequential flares can be modified based on operational requirements. 3. Number of pivots are an estimate. F. Terms & Conditions: 1. F.O.B — Destination. Shipping has been included in the above price. 2. Taxes are not included. Should any taxes are levied they will be paid for by the purchaser. 3. Delivery: 8-10 weeks ARO — depending on material availability. 4. Payment terms — 50% down payment 50 % net 30. 5. Prices are valid for 60 days. 6. Purchase of equipment is subject to Advanced Security Technologies LLC standard terms and conditions. Please do not hesitate to contact me should you require additional information. Sincerely, Yaron Getter Principal & Co -Founder Advanced Security Technologies LLC Mobile: (917) 561-13441 vgetter@adsectec.com www.adsectec.com I www.vehicle-barriers.com 4 CERTIFICATE OF INTERESTED PARTIES FORM 2295 loft Complete Nos. 1- a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no Interested parties. 12022-861766 CERTIFICATION OF RUNG Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Advanced Security Technologies LLC CLOSTER. NJ United States Date Flied: 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 03/16/2022 being filed. City of Lubbock Date Acknowledged: 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. 10025153 Modular Vehicle Barrier System Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary DiSalvo, Sal Manalapan, NJ United States X Getter, Yaron CLOSTER, NJ United States X 5 Check only If there is NO Interested Party. ❑ 6 UNSWORN DECLARATIONr . M name is & ron � t 16- and my date of birth is y J /� L I rSch2! C10S✓J � er �, Cx62 y My address is 4� TracerwP,fl - (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 vi.1.19100coc