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HomeMy WebLinkAboutResolution - 4369 - Agreement - Receptors Inc - Computerized Access Control System, LIA - 01_27_1994Resolution No. 4369 January 27, 1994 Item #25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Receptors, Inc., for services and materials necessary to complete the Security and Computerized Access Control System at the Lubbock International Airport, which contract is attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27 th day of January 1994. ATTEST: Betty M. Jofi­nso-City Secretary APPROVED AS TO CONTENT: ewsome, A. ., Interim Director of Aviation APPROVED AS TO FORM: arold Willard, Assistant City Attorney HW: dp\G:\ccdocs\Receptor.Res January 12, 1994 Resolution No. 4369 January 27, 1994 Item #25 AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "CITY", and RECEPTORS, INC., a California Corporation, hereinafter referred to as "RECEPTORS". WITNESSETH: WHEREAS, CITY owns and operates a public airport designated as Lubbock International Airport, hereinafter call "Airport"; and WHEREAS, on or about April 9, 1992, the CITY entered into a Contract with Computer Engineering Associates, Inc., (CEA) for a federally -mandated Security and Computerized Access Control System at the Airport (Bid #11830); and WHEREAS, CEA subsequently contracted with RECEPTORS for certain services and materials necessary for completion of the Access Control System at the Airport; and WHEREAS, on or about October 11, 1993, the City terminated the Contract it had with CEA due to the latter's failure to complete the Contract in a timely manner; and WHEREAS, in accordance with numbered paragraph 49(a) of the General Conditions of the Agreement contained in the Contract between the CITY and CEA, the CITY has elected to employ such labor, machinery, equipment, tools, materials and supplies necessary to complete the security system, which includes contracting with RECEPTORS for the services and materials described below; and WHEREAS, RECEPTORS has agreed to provide the CITY the services and materials described below despite the former's claim against CEA for unpaid invoices, and without prejudice to the former's claim; NOW THEREFORE, the parties to this Agreement hereby agree as follows: 1. RECEPTORS will provide the CITY with the materials and services described in a letter from the company's Chief Financial Officer to the Airport's Director of operations dated January 7, 1994. Such letter is attached to this Agreement as Exhibit A and incorporated herein as part of this Agreement. 2. The materials and services which RECEPTORS agrees to provide the CITY, as described in Exhibit A, shall be provided in accordance with the specifications contained in the Agreement between the CITY and CEA which was terminated by the CITY on or about October 11, 1993, and shall be delivered and implemented at the direction of the CITY'S Engineer for the Security and Computerized Access Control System (EGBG Special Projects). 3. After any of the materials or services described in Exhibit A have been accepted by the CITY, RECEPTORS may submit to the CITY'S Director of Aviation an application for partial payment, or may submit an application for full payment when all materials and services have been provided. With respect to the badging equipment and software, fifty percent (50%) shall become due upon receipt by the CITY, and the balance upon system acceptance. Upon receipt of either of such applications, the Director shall review the same and, if found to be in order, shall pay RECEPTORS the amount claimed within ten (10) days of such receipt. EXECUTED this -;L01� aav of 'Aw"" 1 , 1994. Mayor RECEPTORS, INCa— Name: BY: !1 -AL U KX Title: P_ u ATTEST: ATTEST: / Betty'Joh—ns,6n City Secretary APPR VED AS TO CONTENT: APPROVED AS TO FORM: m Newsome, A.A. E., Acting, Harold Willard, Director of Aviation Assistant City Attorney pW/dp/D45-Contract L Agreements A-Recptr.Doc January 18, 1994 AGREEMENT City of Lubbock and Receptors, Inc. PAGE 2 Exhibit A • 24310 Garnier Street, Torrance, California 90505 • (310) 534-1900 • FAX: (310) 325-5988 RECEPTORS INC. (800) 523-6155 • Outside California January 7, 1994 Jim Newsom Director of Operations Lubbock International Airport Lubbock, Texas RE: Completion of Access Control System Dear Jim: Receptors is prepared to assist the completion of the installation and training at the airport. We have visited the site and know that we can provide an access control system which is compliant with FAR 107 (14). However, each of us has certain legal restrictions and must be careful to not interfere with any rights or claims allowed under existing contracts. Accordingly, Receptors views your request for proposal for services and materials that are in addition to the contract we have with CEA except for certain badging materials. These materials will be credited to CEA and used as necessary to meet requirements of the original specification. The following schedule of values is proposed. Provide BADGING hardware and software to comply with original specification but not to include badging of personnel $62,000 Provide. Reload, Configure all software to include new Unix licenses at Receptors factory to meet FAR 107 (14) requirements 9,500 On site technical support and training @$5,000/week for estimated 3 weeks 15,000 Total $ 86,500 Page 2 January 7, 1994 We have tried to propose an equitable offer given the difficult circumstances and our mutual goal to mitigate damages to achieve project completion. We estimate that this effort would take six to eight weeks from receipt of contract. Please note that all rights and equipment warranties that were provided under the CEA contract do not apply . We will provide a one year warranty on the badging system and GP3 software from date of delivery. We would also recommend that you send your technicians to a three day factory training class as soon as possible. Your cost would be $1,000 for one or two people with you paying for all travel and accommodations. Our next training section is scheduled for January 18-20. Please contact me at your earliest convenience if you have any questions. Thank you in advance for your cooperation and opportunity to service your facility. Sincerely, L-�- HAL ORR Chief Financial Officer cc: Martin Saltzman Victor White Sean Finegan Robert Petrill MA City of Lubbock P.O. Box 2000 Lubbock, Texas 76457 606-767-2222 January 19, 1994 Mr. Hal Orr Receptors, Inc. 24310 Gamier Street Torrance, California 90505 Dear W. Orr: Office of The City Attorney As per your request, enclosed is the original Agreement between the City of Lubbock and Receptors, Inc. which you reviewed and found acceptable on Tuesday, January 18, 1994. Please execute the Agreement and return the same to me as soon as possible so that it can be placed on the City Council agenda for January 27. Texas law requires that all items to be considered by the Council must be posted at least 72 hours prior to the meeting and that the Council generally cannot take official action on any agenda item without a quorum present and during a meeting open to the public. Following the Council's meeting on January 27, I will send you a completely executed copy of the Agreement for your records. Thank you for your prompt assistance and cooperation concerning this matter. Respectfully yours, Y*Xe't-Q Harold Willard Assistant City Attorney aw:d%wdih«epm.m: STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK, hereinafter referred to as "CITY", and RECEPTORS, INC., a California Corporation, hereinafter referred to as "RECEPTORS". WITNESSETH: WHEREAS, CITY owns and operates a public airport designated as Lubbock International Airport, hereinafter call "Airport"; and WHEREAS, on or about April 9, 1992, the CITY entered into a Contract with Computer Engineering Associates, Inc., (CEA) for a federally -mandated Security and Computerized Access Control System at the Airport (Bid f11830); and WHEREAS, CEA subsequently contracted with RECEPTORS for certain services and materials necessary for completion of the Access Control System at the Airport; and WHEREAS, on or about October 11, 1993, the City terminated the Contract it had with CEA due to the latter's failure to complete the Contract in a timely manner; and WHEREAS, in accordance with numbered paragraph 49(a) of the General Conditions of the Agreement contained in the Contract between the CITY and CEA, the CITY has elected to employ such labor, machinery, equipment, tools, materials and supplies necessary to complete the security system, which includes contracting with RECEPTORS for the services and materials described below; and WHEREAS, RECEPTORS has agreed to provide the CITY the services and materials described below despite the former's claim against CEA for unpaid invoices, and without prejudice to the former's claim; NOW THEREFORE, the parties to this Agreement hereby agree as follows: 1. RECEPTORS will provide the CITY with the materials and services described in a letter from the company's Chief Financial officer to the Airport's Director of operations dated January 7, 1994. Such letter is attached to this Agreement as Exhibit A and incorporated herein as part of this Agreement. 2. The materials and services which RECEPTORS agrees to provide the CITY, as described in Exhibit A, shall be provided in accordance with the specifications contained in the Agreement between the CITY and CEA which was terminated by the CITY on or about October 11, 1993, and shall be delivered and implemented at the direction of the CITY'S Engineer for the Security and Computerized Access Control System (EGSG Special Projects). 3. After any of the materials or services described in Exhibit A have been accepted by the CITY, RECEPTORS may submit to the CITY'S Director of Aviation an application for partial payment, or may submit an application for full payment when all materials and services have been provided. With respect to the badging equipment and software, fifty percent (50%) shall become due upon receipt by the CITY, and the balance upon system acceptance. Upon receipt of either of such applications, the Director shall review the same and, if found to be in order, shall pay RECEPTORS the amount claimed within ten (10) days of such receipt. EXECUTED this day of 1994. THE CITY OF LUBBOCK, TEXAS RECEPTORS, INC. BY: BY: David R. Langston Mayor Name: Title: ATTEST: Betty M. Johnson City Secretary ATTEST: APPR VED AS TO CONTENT: APPROVED AS TO FORM: m Newsome, A.A. E., Acting, Harold Willard, Director of Aviation Assistant City Attorney HW/d0I01S-Contract f AQraements A-Recptr.0ec January Is, 1994 AGREEMENT City of Lubbock and Receptors, Inc. �nr f N 10 '94�t3� 21 LUB CIC AI�PORTt. MA 11V. :10%00y00 P.2 r. ut Nufte Exhlbit A 24310 Garnier Strut, Torrance, California 90505 • (310) 534-1900 • FAX: (310) 325-5! ■ c c c o r o lk/ r w c. (WO) 523.6155 • Outside Californ January 7, 1994 Jim Newsom Director of Operations Lubbock International Airport Lubbock, Texas Pa 411 brand fax Vansdmittal rne.•no.70 -1F-9e4 4VS •.°� Co. t:a latoo Fax l l' Ix RE: Completion of Access Control System Dear Jim: Receptors Is prepared to assist the completion .of the •Installation and training at the airport. We have visited the site and know that we can provide an access control system which Is compliant with FAR 107 (14). However, each of us has certain legal restrictions and must be careful to not' interfere with any rights or claims allowed under existing contracts. Accordingly, Receptors views your request for proposal for services and materials that are In addition to the contract we have with CEA except for certain badging materials. These materials will be credited to CEA and used .as necessary to meet requirements of the original specification.. The following schedule of values Is proposed. Provide BADGING hardware and software. to comply with original specification but not to Include badging of personnel $62,000 Provide. Reload, Configure all software to include new Unix licenses at Receptors factory to meet FAR 107 (14) requirements 9,500 On site technical support and training 6$5,000/week for estimated 3 weeks 16,000 Total $ 86,500 f•, :till . 6�6 lb '94 0�3i22 LUB$?�Ci( AI-i 'Ofti I'MA NV. flute Z100 p.3 Y. uL Page 2 January 7, 1994 We have tried to propose an equitable offer given the difficult circumstances and our mutual goal to mitigate damages to achieve project completion, We estimate that this effort would lake six to eight weeks from receipt of contract. Please note that all rights and equipment warranties that were provided under the CEA contract do not apply . We will provide a one year warranty on the badging system and GPS software from date of delivery. We would also recommend that you send your technicians to a three day factory training class as soon as possible. Your cost would be $1,000 for one or two people with you paying for all travel and accommodations. Our next training section is soheduled for January 18.20. Please contact me at your earliest convenience if you have any questions. Thank you In advance for your 000peration and opportunity to service your facility. Sincerely, HAL ORR Chief Financial Officer cc: -Martin Saltzman Victor White Sean Finegan Robert Petrili f- ;1 N-18-94 TUE 17:50 RECEPTORS INC, FAX NO, 3103255988 P.01 ORA 24310 Gamier Strut Tarranc,—, California `Q64t - (310) ,34-*00 • AM (310) 32-0•:!;2E ■sesrTa■s Inc. (P00)-E.212-ve • Cuisido Call curia RECEPTORS FA.X Tax jjft,�2� Wt fcrT-AA-.Es: 2-- 23_ c " a �� Of u E- F = %= 834-d =r V3r =MM ssC=rr= ff-s TAX, ==Z C-3-f- MI5 a; 910-334+1940. 'DNS Y01z. JAN-18-94 TUE 17:51 RECEPTORS INC. FAX NO. 3103255988 P,02 / CITY ATTRNY AND EECRTRY e96T621946 P.e3 Agreement as Exhibit A and incorporated herein as part of this Agreement. 2. The materials and services which RECEPTORS agrees to provide the CITY, as described in Exhibit A, shall be provided in accordance with the specifications contained in the Agreement between the CYTY and C£A which was terminated by the CITY on or about October 11, 1993, and shall be delivered and implemented at the direction of the CITY'S Engineer for the Security and Computerized Access Control System (EGSG special Projects). 3. After any of the materials or services described in Exhibit A have been accepted by the CITY, RECEPTORS may submit to the CITY'S Director of Aviation.an application :for partial payment, or may submit an application for full payment when all materials and services have been provided. with respect to the badging equipment and software, fifty percent (50t) shall become due upon receipt by.the CITY, and the balance upon system acceptance. Upon receipt of either of such applications, the Director shall review the same and, if found to be in order, shall pay RECEPTORS the amount claimed within ten (1{0�). days of such' �r`eceipt. EXECUTED this `' day of &Mkv-q , 1994. THE CITY OF I.UBBOCK, TEXAS RECEPTORS DaINC. 4-iBY: BYt vid R. Fangs on et Q � Ti Mayor t Titll e: ATTESTS ATTEST: a. f." Betty M. Johnson &4AIel