HomeMy WebLinkAboutResolution - 2018-R0123 - Galls, LLC - 04/12/2018Resolution No. 2018-RO 123
Item No. 6.13
April 12, 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, Purchase Order No. 10019795 for the purchase of Rifle
Resistant Body Armor as per BuyBoard No. 507-16, by and between the City of Lubbock and
Galls, LLC, of Lexington, Kentucky, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on April 12, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb t
ca Garza, City Secret ry
APPROVED AS TO CONTENT:
Gregory to s, Chief of Police
APPROVED AS TO FORM:
Jeff Mrt4elf, Assistant City Attorney
vw:ccdocs/RES.Purchase Order 10019795.Rifle Resistant Body Armor
03.22.2018
Page - 1
City of Lubbock PURCHASE ORDER Date - 3/22/2018
if r is x A s Order Number 10019795 000 OP
Branch/Plant 5735
TO: GALLS LLC
1340 RUSSELL CAVE ROAD
LEXINGTON KY 40502
SHIP TO: CITY OF LUBBOCK
POLICE DEPARTMENT
916 TEXAS AVENUE
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
411
Marta Al ar ector of Purchasing & Contract Management
Ordered 3/22/2018 Freight
Requested 6/29/2018 Taken By S GONZALEZ
Delivery J WILSON REQ 51879 BUYBOARD 507-16
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
BPI 105 BLK CSTM 00, Package 375.000 500.0000 EA 187,500.00 6/29/2018
SOHPC-GEN4 Hard Plate Carrier
Rifle Resistant Body Armor Grant Program Number 3457701, Res. No. 2017-RO350. Package inlcudes: 1-Carrier
Black w/white POLICE ID, 2- Number 10079 1Oxl2 Stand Alone SC Plates, 1-Carry Bag. Carrier sizes to follow
department sizing session.
Total Order
Terms NET 30
187,500.00
This purchase order encumbers funds in the amount of $187,500 awarded to Galls, LLC. of Lexington, KY on
April 12 , 2018. The following is incorporated into and made part of this purchase order by reference: BuyBoard 507-16
dated March 9, 2018, from Galls, LLC. of Lexington, KY. Resolution # 2018-RO123
CITY OF LUBBO K
Daniel M. Pope, Mayor
ATTEST:
D- e AP A I , _'-'
Rebe IU
c
Garza, tty Secretary
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCI,, 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 time, 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. Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. 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.
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 11 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. O. 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 providing such 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 Seiler for breach or 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 otherwise 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 Seller's 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 thud 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
year or what 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
terininniion.
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
hcomes insolvent or commits acts of hanknmtev Stich 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 terms 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 party 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 whollyvoid and totally ineffective for all purpose unless made in conformity with
this paragraph.
I8. WAIVER. No clam 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 oven expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise provided by Seiler, 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. MBE. 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 seekjudicial 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.
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. HOUSE BILL 2015. 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 property 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 misclassifred. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING 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.
29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. 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. Instructions for completing Form 1295 are available at:
htto://www ci lubbock tx us/den emental-w bdtesidepa_rtinents/pg cha incivendor-information
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.
3l. By accepting this purchase order, the Vendor verifies that it does not Boycott Israel. and agrees that during
the Tenn of this Ae,ecmcut (Contract as applicable) will not Itoyaru Ismel as that ictnt is defined ill Texas
Government Code Section 808.001, as amended.
B muse Duty Calls.
�QVARTERMASTER
The Authoro in Public Safety Equipment and .Apparel
Attention: Janci Wilson
Account Number 5288777
Name Lubbock Police Dept.
Street Address
City & State
Price Quote
Larry Skinker
Galls, LLC
1340 Russell Cave Road
Lexington, KY 40505
800-876-4242 phone
877-914-2557 fax
Quote Date 319/2018
BuyBoard Contract# 507-16
Item #
Description
Qty
Retail
Your Price
Ext. Total
1
2
BPI 105 BLK CSTM 00
SOHPC- GEN 4 CARRIER (1) W/ 10079 1OX12 STAND ALONE SC PLATES (2) & BAG (1)
375
$950.00
$500.00
$187,500.00
Free shipping
Total
$187,500.00
Galls is required to collect tax on all shipments to all states. Please add applicable state and local tax percentages. I ax exempt customers, state laws require us to
have a signed tax exemption or resale certificate on file at our office. If you would like your tax exempt document on file with us please fax this information, including
Your Galls account # to (859) 268-5941.
Prices are valid for 30 days from the date of the quote.
Thank you for the opportunity to earn your business. Galls payment terms are Net 30 days from date on each invoice.
Resolution No. 2017-RO350
Office of the Governor
Crimonal Justice Division
Funding Announcement (Amended):
Rifle -Resistant o y Armor Grant
Program
July 12, 2017
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Opportunity Snapshot
Below is a high-level overview of many of the elements of this opportunity. Full Information is provided
in the funding announcement that follows.
Amendment
The original funding announcement was amended to remove restrictions on eligibility for state colleges
and universities and with more explicit instructions regarding the submission of budgets.
Purpose
The purpose of this announcement is to solicit applications for projects that equip law enforcement
officers at risk of shootings with rifle -resistant body armor.
Eligible Funding Areas
Funds may be used by law enforcement agencies to equip law enforcement officers with bullet -resistant
personal body armor compliant with the National Institute of Justice (NIJ) standard for rifle protection.
Funds Available
It is anticipated that up to $25 million may be funded under this announcement.
Process
Applicants will respond to this funding announcement by completing an application in eGrants
hWs: jeGrants.rtov.texas.rzov.
Budget
There is no minimum or maximum request under this program, however, applicants should consider the
overall availability of funds and CID's goal to provide resources to as many departments as possible. Funds
may only be used to obtain body armor, including bulletproof vests, ballistic plates, and plate carriers.
Match
There is no match requirement under this program.
Project Periods
All projects must begin between Jan.1 and Mar.1, 2018. A project period may not exceed 12 months.
Organizational Eligibility
Applications may be submitted by the Texas Department of Public Safety, and units of local government
and educational institutions that operate law enforcement agencies employing peace officers under
Article 2.12, Texas Code of Criminal Procedure, including municipalities, counties, independent school
districts, universities, public and private colleges and universities, federally recognized Native American
tribes, community colleges and hospital districts. With the exception of the Texas Department of Public
Safety, applications must be submitted by the entity operating the law enforcement agency, not the
agency itself, e.g. the county government, not the sheriffs office.
Contact Information
If additional information is needed, contact the eGrants help desk at eGrants@gov.texas.gov or
(512) 463-1919.
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Table of Contents
OpportunitySnapshot........................................................................................................................1
Step1: Review the Process..............................................................................................................3
Timeline................................................................................................................................................3
SubmissionMethod.............................................................................................................................3
Step2: Consider the Requirements.................................................... .................. ............ «.................. 4
OrganizationalEligibility.......................................................................................................................4
Funding and Project Period Limits..... ................................................................................................... 4
MatchRequirement..............................................................................................................................4
EligibleExpenses..... .............................................................................................................................. 4
Ineligible Costs and Activities............................................................................................................... 5
ReportingRequirements....................................................................................................................... 5
Program -Specific Requirements.........................................................................................................6
Standard GD Requirements................................................................................................................. 6
Step 3: Apply via eGrants...................................................................................................................7
Basics..................................................................................................................................................... 7
Profile Tab— Grant.Vendor Sub -Tab Direct Deposit Procedures..........................................................7
Narrative Tab — Program -Specific Questions........................................................................................ 7
Narrative Tab — Required Certifications............................................................................................... 8
Narrative Tab — Project Narrative......................................................................................................... 8
Activities Tab — CJD Purpose Areas....................................................................................................... 8
Activities Tab— Fund Source Information and Requirements..............................................................9
Activities Tab — OOG-Defined Project Activity Area............................................................................. 9
Measures Tab.............................................................................................................. ......... 9
.................
BudgetTab............................................................................................................................................9
Submit.Applkation and Certify.Application Tabs ................................ ,..................... ..... .... ................ 9
Step4: Review your Funding Decision..............................................................................................10
Selection and Fund Allocation Criteria...............................................................................................10
Announcements..................................................................................................................................10
Appendix: Required Certifications....................................................................................................11
AboutGD....................................................................—................................................................-12
2
CJD Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Rifle -Resistant Body Armor
Grant Program
The goal of the Governor's Criminal Justice Division (CJD) is to provide needed funding to improve public
safety and support victims of crime by filling system gaps and promoting innovative solutions to
common problems. In 2017, in response to the July 71, 2016, shooting of numerous police officers in
Dallas, Texas, the Legislature passed and the Governor signed Senate Bill 12, which created a grant
program within the governor's office to increase the safety of Texas' law enforcement officers by
assisting agencies in the purchase of rifle -resistant body armor. CID is now accepting applications for
projects under this program.
If you are interested in applying for a grant under this program, follow the four -step process outlined
below.
■ Step One -Review the Process: Get familiar with the funding announcement and the process
used for this particular program.
■ Step Two - Consider the Requirements: Consider the eligibility requirements as well as what will
be required of successful applicants -
Step Three - Apply in eGrants. Compile and submit your grant application. To understand how to
apply online or to register for the system go to httas://eGrants@eov.texas.gov.
■ Step Four— Funding Decisions and Grant Acceptance. Await the funding decision, which is
provided through a grant award or other notice from CID. If you receive an award, complete the
acceptance process to access funds.
Step 1: Review the Process
Timeline
Funding Announcement Release
July 7, 2017
Online System Opening Date
July 7, 2017
Final Date to Submit an Application
Se tember 6, 2017 5PM CST
Earliest Start Date
January 1, 2018
Latest Start Date
March 1, 2018
Submission Method
Applicants must submit applications through via eGrants (eGrants_gov.texas.eov) by the deadline above.
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Step 2: Consider the Requirements
Organizational Eligibility
Applications may be submitted by the Texas Department of Public Safety, and units of local government
and educational institutions that operate law enforcement agencies employing peace officers under
Article 2.12, Texas Code of Criminal Procedure, including municipalities, counties, independent school
districts, universities, public and private colleges and universities, federally recognized Native American
tribes, community colleges and hospital districts. (This announcement has been revised to remove
restrictions on state public universities.)
State agencies other than the Texas Department of Public Safety are not authorized under law to apply
for funds under this grant program.
With the exception of the Texas Department of Public Safety, applications must be submitted by the
entity operating the low enforcement agency, not the agency itself, eg, the county government, not the
sheriff's office.
Funding and Project Period Limits
It is anticipated that up to $25 million may be funded under this announcement. This amount represents
the full level of funding available. (Funds are authorized under Senate Bill 12 and appropriated by the
851J' Legislature.) The number and amount of awards will depend upon the reasonableness of costs of
individual, eligible applications, and the total volume of applications received.
A project funded may not exceed a one-year grant period.
Match Requirement
There is no match requirement under this program.
Eligible Expenses
Eligible equipment. Grant funds are restricted to obtaining body armor compliant with the National
Institute of Justice (NU) standard (Ballistic Resistance of Body Armor NIJ Standard-0101.06) type III
(rifles) or type IV (armor piercing rifle) body armor, including bullet -resistant vests, ballistic plates, and
plate carriers.
Eligible purchase models. Funds may be used for the outright purchase of eligible equipment, or other
supply -service or subscription models. However, grant funds are restricted to the one-year project
period, and costs for any subscription models or additional extended warranties that extend beyond the
project period must be prorated to correspond to the project period.
Eligible officers to equip. Grant funds may only be used to equip peace officers (as defined by Article
2.12, Texas Code of Criminal Procedure) directly employed by a law enforcement agency operated by
the applicant. Funds may not be used to equip officers employed by other agencies that are not eligible
to apply. CID may prioritize the equipping of certain types of officers or applicants if the total requested
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
funds exceed the funds appropriated by the legislature. (See "Selection and Fund Allocation Criteria"
below under Step 4.) Only one set of body armor (partial or complete) per officer may be purchased.
Equipment purchasing. The Texas Comptroller of Public Accounts' Statewide Procurement Division
(SPD) has developed a list of Bullet Proof Vest and Body Armor that local government members may
order on Texas SmartBuv ( htty.,//www.txsmartbuv.com/). Grantees may find more information about
available products and get assistance with purchasing equipment on the SB12 Body Armor web Vage
( htto://comptroller.texas.gov/purchasing/contracts/body-armor.php ), or contact SPD for help in
evaluating vendor offers against the pricing on statewide contracts.
Because CID is attempting to equip the maximum number of law enforcement officers in Texas, if the
total funding requested by applicants exceeds available funding, applicants with more reasonable and
competitive project budgets may receive priority. Not all body armor listed at the Comptroller's website
complies with the reouirements of this grant program.
Ineligible Costs and Activities
Costs under this grant program are strictly limited to the procurement of eligible body armor. Grant
funds may not be used to support services, activities, and costs including but not limited to:
1) Salaries or personnel costs, including any portion of the salary of, or any other compensation
for an elected or appointed government official;
2) Supplanting or use of grant funds to replace any other existing federal, state or local funds;
3) Indirect costs;
4) Training and/or maintenance costs;
5) Travel;
b) Any costs ancillary to the purchase of eligible body armor, such as policy development,
training costs, staff, or any other item determined ineligible or unreasonable by CID;
7) Any other prohibition imposed by federal, state, or local law.
Reporting Requirements
Financial Report. At the end of each state fiscal quarter during the one-year grant period, grantees will
be required to submit a financial status report via eGrants in the format required by CID.
Progress Report. Grantees will be required to submit a single close-out report via the Public Policy
Research Institute at Texas A&M University ( https:Hr)pri.tamu.edu/ )12 months after their project
start date. Close-out reports will be very brief and will principally ask for:
1) Number of officers employed by the law enforcement agency;
2) Number of officers equipped with NU -compliant level Ili & IV body armor; and
3) A brief description of any shooting events in which an officer equipped with body armor
purchased with grant funds was struck by gunfire.
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Program -Specific Requirements
Required Agency Policies. As required by Chapter 772.0073, Texas Government Code (as passed in
Senate Bill 12), an eligible organization may apply for grant funds only after its law enforcement agency
adopts a policy addressing the:
1) Deployment and allocation of vests or plates to Its officers; and
2) Usage of vests or plates by its officers.
CJD requires that the policy on usage of vests or plates include mandatory training on the proper care,
fitting, inspection, use, storage, and maintenance of the armor. CID also requires that the policy specify
that body armor may not be left in patrol vehicles when an officer is not on duty to minimize the heat
damage to the armor.
In crafting these policies, applicants should be aware that the inspection, storage, and replacement of
body armor were identified as potential points of failure in body armor use by the Police Executive
Research Forum. See A Practitioner's 6uide_To the 2011 National Body Armor Survey of Law
Enforcement Officers" for more information.
NIJ Body Armor Standards. Body armor purchased with grant funds must comply with the National
Institute of Justice (NU) standard (Ballistic Resistance of Body Armor NIJ Standard-0301.06) for type III
(rifles) or type IV (armor piercing rifle) body armor, including bullet -resistant vests, ballistic plates, and
plate carriers. Grantees are responsible for ensuring that any purchases meet this requirement and must
certify compliance at the time of application.
Personally Fitted Vest Requirement. All body armor vests purchased with grant funds must be
personally fitted for individual officers, including vests specifically fitted to individual female law
enforcement officers. "Personally fitted" does not require armor be individually manufactured based on
the measurements of a specific wearer, but rather that it provide the best possible fit and coverage,
through a combination of:
1) Correctly -sized panels and carrier, determined through appropriate measurement; and
2) Properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features.
The American Society for Testing and Materials (ASTM) International has made available the Standard
Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003)
available at no cost. The Personal Armor Fit Assessment chgklist, is excerpted from ASTM E3003.
Grantees are responsible for ensuring that all purchases meet this requirement and must certify
compliance at the time of application.
Standard CJD Requirements
CJD Regulations. Grantees must comply with the standards applicable to this funding source cited in the
Texas Administrative Code (1 TAC Chapter 3), and all statutes, requirements, and guidelines applicable
to this funding.
CID funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Uniform Crime Reports. Eligible applicants operating a law enforcement agency must be current on
reporting Part i violent crime data to the Texas Department of Public Safety (DPS) for inclusion in the
annual Uniform Crime Report (UCR). To be considered eligible for funding, applicants must have
submitted a full twelve months of accurate data to DPS for the most recent calendar year.
Criminal History Reporting. The county (or counties) in which the applicant is located must have a 90%
average on both adult and juvenile criminal history dispositions reported to the Texas Department of
Public Safety for calendar years 2012 through 2016 as of August 31, 2017
Immigration and Customs Enforcement Requests: An application requirement pertaining to full
compliance with Department of Homeland Security detainer requests applies to all municipal or county
governments that operate a subdivision or department that detains individuals after arrest for a criminal
violation. Full text of this certification can be found on the Narrative tab of each application or at
h"R,JJgay.texas.eov/cid/dhs detainerrequest. All applicants must select one of four options in their
eGrants application to be considered for funding under this announcement.
Step 3: Apply via eGrants
Basics
To apply to CJD forthese grants, you must complete or make sure you have already completed some
standard requirements. All of the following are needed to apply within eGrants:
Applicants must have a DUNS (Data Universal Numbering System) number assigned to its agency
(to request a DUNS number, go to http://fedgov.dnb.com/webform/displayHomePage.do.
■ Applicants must be registered in the federal System for Award Management (SAM) database
located at https://www.sam.gov/ and maintain an active registration throughout the grant
period.
■ Applicants must have or register for an account in eGrants eGrants@pov.texas.Qov.
Profile Tab — Grant.Vendor Sub -Tab Direct Deposit Procedures
New Direct Deposit procedures: Applicants must upload the required Direct Deposit forms. New Payee
Identification Form, and W9 Form for each application prior to submission. The eGrants system will not
allow an application submission until these forms are attached to the application. These forms are
available at https:/Jegrants.gov.texa.$,Agv/updates.aspx under the Financial Management Tools section
or by clicking on the hyperlinks above.
Narrative Tab — Program -Specific Questions
Applicants must enter the number of officers currently employed by the agency, the number of officers
currently equipped with Type III and Type IV body armor, and the number proposed to be equipped
under the grant far the following four categories:
1) Officers within a tactical response (SWAT -style) unit or specifically assigned tactical response
duties;
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
2) Officers who are engaged in traffic or highway patrol, otherwise regularly detain or stop
motor vehicles, are primary responders to calls for assistance from the public, or execute
arrest or search warrants for criminal offenses,-
3) All other officers employed by the agency;
4) All other reserve officers.
Narrative Tab — Required Certifications
There are a variety of certifications on the eGrants application that applicants are required to make
when submitting their application. Applicants should carefully review these certifications, which are also
found in this funding announcement's "Appendix A: Required Certifications".
Narrative Tab — Project Narrative
The eGrants system contains nine narrative boxes, but only one is required for this grant program. Using
the headings indicated below in bold type, applicants should use the "Project Abstract" box, to describe.
1) Duties. The duties of the four categories of officers proposed to be equipped under the
project, including how those duties would expose the officers to gunfire that necessitates
Type ill and Type IV body armor.
2) History. Any recent history of shootings that demonstrates the need for Type III and Type IV
body armor.
3) Non -Tactical Duties. If the project proposes equipment for reserve officers and/or officers
not engaged in tactical response duties, regular patrol, response to calls for assistance, or the
execution of warrants related to criminal offenses, why such officers have a need for this
level of body armor.
4) Multi -Agency Breakdown. If the project will equip more than one agency operated by an
applicant, how many of each category of officer (tactical response officers;
patrol/response/warrant-serving officers; other employed officers; other reserve officers)
work in each agency. (For example, if a county's application contains equipment for officers
in a constable's office and a sheriff's office, those total should be broken -out here.)
Applicants should enter "n/a" in all other oroiect narrative boxes.
Activities Tab — CJD Purpose Areas
Applicants must estimate the percentage of time officers proposed to be equipped under their project
will be specifically assigned to:
1) Educational campuses;
2) Jails or prisons;
3) Juvenile facilities (not regular K-12 or college campuses);
4) Victim services facilities;
5) General (all other areas)
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Activities Tab — Fund Source Information and Requirements
if the officers to be equipped with grant funds are explicitly assigned to specific educational campuses
(K-12 or higher education), the applicant must enter the TOTAL students at ALL campuses that will be
served by the project.
Activities Tab — OOG-Defined Project Activity Area
Applicants should assign 200% of their project activity to "Equipment and Technology". For the
Description of Activity, "Equipping officers with Type III and Type IV body armor" Is sufficient.
Measures Tab
There are no additional measures required for this grant program.
Budget Tab
Applicants must submit a budget line item for each type of item being purchased, including the expected
make and model of the item and the quantity of item to be purchased. For example, a budget line item
listing a quantity of one and a description reading "12 bullet resistant vests" is incorrect. That budget
line item should list a quantity of 12 and a description reading "Bullet resistant vests by [manufacturer)
of model [model of vest]
Applicants receiving awards are not locked -in to the make and model of equipment in their application,
but must consult with their grant manager and request a budget adjustment changing the make and
model before making any purchases. CID reserves the right to deny a requested change, and any
purchases of equipment not listed in the approved budget are not guaranteed to be reimbursed.
SubmItAppiication and Certify.Application Tabs
After completing the application, submit the application by selecting the "Submit Initial Application"
button on the bottom of the Submit.Application tab. (if your application is missing information, a list of
errors will appear on the Submit.Application tab.)
After the Initial submission, the project officials will receive an email notification. The Authorized Official
must then log -in to the application and certify the application by selecting the "Certify Official
Application" button at the bottom of the Certify.Application tab (only visible once the application has
been initially submitted).
Applications are not complete until the Authorized Official has CERTIFIED the application, and they must
do so BEFORE the application deadline.
For support documents and "how-to" videos and other resources, Including the Guide to Creating an
Application, see the eGrants support page at https._//eerants.aov.texas.govjupdates.asox
C!D Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Step 4: Review your Funding Decision
Selection and Fund Allocation Criteria
CID will review applications to understand the overall demand for the program and for significant
variations in costs per item. After this review, CID will determine if all eligible applications can be funded
based on funds available, if there are cost-effectiveness benefits to normalizing or setting limits on the
range of costs, and if other fair -share cuts may allow for broader distribution and a higher number of
projects while still remaining effective.
In the event that the total requested funds exceed available funding, CID may also prioritize applications
for municipal police departments, sheriffs offices, or — within projects — officers engaged in tactical
response and regular patrol/response or warrant -execution duties.
Final Decisions —All Projects: The executive director will consider the analysis described above along
with other factors and make all final funding decisions. Other factors may include need, cost
effectiveness, overall funds availability, CID or state government priorities and strategies, legislative
directives, need, geographic distribution, balance of focuses and approaches, or other relevant factors.
CID may not fund all applications or may only award part of the amount requested. Per Title 1, Section
3.9 of the Texas Administrative Code, all funding decisions made by the executive director are final and
are not subject to appeal. The receipt of an application by CID does not obligate CID to fund the grant or
to fund it at the amount requested.
Announcements
After CID makes final funding decisions, each applicant will receive either an unfunded notice, a
preliminary decision notification, or a final grant award. The award will provide all of the conditions and
requirements of the grant. Release of final grant awards are always contingent on CJD's receipt of the
federal grant award under which the program is funded and CID cannot release or guarantee funding to
any applicant until that award is received and acceptance is processed and a determination is made that
adequate funding is available. All grantees receiving federal and state funds must comply with the
applicable statutes, rules, regulations, and guidelines related to the funding source under which the
grant Is funded. In Instances where both federal and state requirements apply to a grantee, the more
restrictive requirements apply.
10
CJD Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Appendix: Required Certifications
Applicants must certify that they will comply with the following requirements to the extent that they are
applicable. CJD, at its sole discretion, will determine the applicability of requirements:
A. Constitutional Compliance: Applicant assures that it will not engage In any activity that violates
Constitutional law including profiling based upon race.
0. Required Agency Policies: Applicant assures that it has adopted policies addressing the deployment
and allocation of vests or plates to its officers; and the usage of vests or plates by its officers. CID
requires that the policy on usage of vests or plates include mandatory training on the proper care,
fitting, inspection, use, storage, and maintenance of the armor. CID also requires the policy specify that
body armor may not be left In patrol vehicles when an officer Is not on duty in order to minimize the
heat damage to the armor.
In crafting these policies, applicants should be aware that the inspection, storage, and replacement of
body armor were identified as potential points of failure in body armor use by the Police Executive
Research Forum.. See "A Practitioner's Guide To the 2011 National Body Armor Survey of Law
Enforcement Officers" For more information.
C. NU Body Armor Standards. Applicant assures that body armor purchased with grant funds will
comply with the National Institute of Justice (NU) standard (Ballistic Resistance of Body Armor NU
Standard-0101.06) for type lit (rifles) or type IV (armor piercing rifle) body armor, Including bullet -
resistant vests, ballistic plates, and plate carriers,
D. Personally Fitted Vest Requirement. Applicant assures that all body armor vests purchased with
grant funds will be personally fitted for individual officers, including vests specifically fitted to Individual
female law enforcement officers. "Personally fitted" does not require armor be individually
manufactured based on the measurements of a speck wearer, but rather that it provide the best
possible fit and coverage, through a combination of:
1) Correctly -sized panels and carrier, determined through appropriate measurement; and
2) Properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features.
The American Society for Testing and Materials (ASTM) International has made available the Standard
Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003)
available at no cost. The Personol Armor Fit AssessMent chegLhst, is excerpted from ASTM E3003.
E. Uniform Crime Reports: Eligible applicants operating a law enforcement agency must be current on
reporting Part I violent crime data to the Texas Department of Public Safety for inclusion in the annual
Uniform Crime Report (UCR) and must have been current for the twelve previous months.
F. Criminal History Reporting: The county (or counties) in which the applicant is located must have a
90% average on both adult and juvenile criminal history dispositions reported to the Texas Department
of Public Safety for calendar years 2012 through 2016, as of August 31, 2017.
11
CJD Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
G. Immigration and Customs Enforcement Requests: The full text of this certification is found at
httQ://Qov.texas.gov/cid/dhs detainerreouest. To be in compliance with this requirement, any county or
municipal government that includes a department that detains individuals after arrest for a criminal
violation must provide a letter signed by the head of each such department certifying to the
requirements. This letter may be used for any application submitted to OOG for a period of up to two
years from the date it is signed. If the applicant has submitted a letter to CJD in the prior year, that letter
meets the requirement of this section. If that period expires during the project period of any grant, the
grantee must submit an updated letter for each such grant to remain in compliance with this
requirement. All applicants must select one of the following options:
■ Applicant is not a county or municipal government.
■ Applicant is a county or municipal government and does not include any department that
detains individuals after arrest for a criminal violation at any time.
■ Applicant is a county or municipal government that includes department(s) that detain
individuals after arrest for a criminal violation. Letters certifying compliance and signed by
the heads of all such departments have been uploaded to this application.
■ Applicant is a county or municipal government that includes department(s) that detain
Individuals after arrest for a criminal violation, The Authorized Official has read the
certification found at http://gov.texas.gov/cid/dhs detainerreouest. Further, the Authorized
Official will not be submitting signed letters certifying compliance from the heads of all such
departments and understands that failure to comply with this certification may result in
OOG, at Its sole discretion, rejecting this application and any other application from the
relevant county or municipal government.
H. Civil Rights Liaison: A civil rights liaison who will serve as the grantee's civil rights point of contact and
who will be responsible for ensuring that the grantee meets all applicable civil rights requirements must
be designated. The designee will act as the grantee's liaison in civil rights matters with CJD and with the
federal Office of Justice Programs.
Overall Certification: Each applicant agency must certify to the specific requirements detailed above as
well as all requirements within the CID funding announcement and Criminallustice Division & Homeland
Security Grants Division Grantee Conditions and Responsibilities document to be eligible for this
program.
12
CID Funding Announcement (Amended): Rifle -Resistant Body Armor Grant Program
Version 4: June 30, 2017
13
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
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.
2018-329923
Galls, LLC
Lexington, KY United States
Date Filed:
03/26/2018
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:
03/26/2018
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.
PO #10019795
Public Safety Uniforms and Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
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 V1.0.5523
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.
2018-329923
Galls, LLC
Lexington, KY United States
Date Filed:
03/26/2018
2
Name of governmental entity or state agency that is a parry to the contract for which the form is
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.
PO #10019795
Public Safety Uniforms and Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
gay name is Justin Penman and my date of birth is
My address is 1340 Russell Cave Rd. Lexington KY 40505 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fayette County, Statc of Kentucky , on the 26th day of March 20 18.
(month) (year)
1.�---�
_____ - nature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523