HomeMy WebLinkAboutContract 54245 CSC No. 54245
FORT NORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TYR TACTICAL,LLC.
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
City of Austin, Texas have entered into an Interlocal Cooperative Purchasing Agreement on October
21, 2015 which provides that when the one of the Local Government Entities enters into a contract
with a Vendor for goods and services, the other Local Government is able to enter into a Purchase
Agreement with the Vendor under the same terms and conditions offered to the Original Local
Government Entity so long as the Vendor is agreeable (Copy Attached as Exhibit A);
WHEREAS TYR Tactical, LLC. (Vendor)responded to BID IFB MHJ0210 issued by The City of Austin
agreeing to allow other Local Governmental Entities to enter into a Purchase Agreement with Vendor
under the same terms and conditions as those contained in the BID. (Copy attached as Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the "Parties entered into this Purchase Agreement by and between TYR Tactical, LLC.
("Vendor") and the City of Fort Worth, ("City"),
The Parties agree that any references to the City of Austin in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall
inure to the City as if the contract in Exhibit B were originally executed between the City and Vendor.
This shall specifically include any requirements imposed on Vendor by virtue of Austin City
Ordinance included in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and City of Austin;
2. Exhibit B— Contract between the City of Austin and TYR Tactical, LLC.
Corporation for Tactical Carrier Vests identified as Contract No. ; MA-
8700 - GA180000035
3. Exhibit C— Vendor's Pricing
4. Exhibit D— Conflict of Interest Questionnaire.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 1 of 64
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of thirty thousand dollars ($30,000.00). Vendor shall not provide any additional items or
services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses inwriting.
The term of this Agreement shall be for one year beginning on August 4, 2020 and ending on
April 10, 2021 to coincide with the Austin agreement. City shall be able to renew this agreement for two
(2) one-year extension options by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits,and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
INTERLOCAL AGREEMENT TYRTACTICAL,LLC.
Page 2 of 64
To CITY: To VENDOR:
City of Fort Worth TYR TACTICAL, LLC.
Attn: Jesus J. Chapa, Deputy City Manager 9330 N 91st Ave, Peoria AZ 85381,
200 Texas Street Title _CCO
Fort Worth, TX 76102-6314 Facsimile: _623-240-1428
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
[SIGNATURES FOLLOW]
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 3 of 64
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
7Rd9f 4 7. C�iada By signing I acknowledge that I am the person
By: Jesus J.Chapa(Aug4,2o.A.CD0 responsible for the monitoring and administration
Name: Jesus J. Chapa of this contract, including ensuring all performance
Title: Deputy City Manager and reporting requirements.
Date:
APPROVAL RECOMMENDED: By:
Nam A'ja Robertson
Title: Buyer I
rill
By: Reginald Zeno(Aug 4,2020 9.7CDT) APPROVED AS TO FORM AND LEGALITY:
Name: Reginald Zeno
Title: Chief Financial Services Officer
ATTEST: J oFa0000aodo�yOd By: `
c°moo �o'00-410 Name:
p° o o x Title: Assistant City Attorney
oo-pa�L�nEXA5o4�
By: CONTRACT AUTHORIZATION:
Name: M&C: N/A
Title: City Secretary
VENDOR:
TYR Tactical, LLC. ATTEST:
By:
By: Name:
Name: Title:
Title:
Date: -Jc
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 4 of 64
EXHIBIT A-
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF AUSTIN
City of Fort Worth &Austin °v � `
AW
Cooperative Purchasing Agreement
ICRfio
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the last
date written below between the City of Austin ("Austin"), and the City of Fort Worth,Texas
("Fort Worth").
Both Austin and Fort Worth have each determined a need for a cooperative agreement to
purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits
of volume purchasing.
Austin and Fort Worth are authorized by Section 271.102 of the Texas Local Government Code
to pursue mutually beneficial and cooperative purchasing programs.
The Parties therefore agree as follows:
1. Purpose. The purpose of this Agreement is to provide Austin and Fort Worth with additional
purchasing options by satisfying the provisions of Section 271.102 of the Texas Local
Government Code.
2. Purchasing Procedure.
2.1. Designated Representative. The parties agree that each of the parties shall respectively
designate a person to act under the direction of, and on behalf of, the designating party
(the"Designated Representative").
2.2. Vendor Agreement. A party that enters into a contract with a vendor for goods or
services (the"First Purchasing Party") shall attempt to obtain the vendor's agreement to
offer those goods and services to the other party (the"Second Purchasing Party")for the
same price and on the same terms and conditions as have been offered to the First
Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is
agreeable to such terms and conditions, the Second Purchasing Party may enter into its
own separate contract with the vendor for the purchase of such goods or services.
2.3. Payments and Contract Monitoring. Unless otherwise agreed between the Designated
Representatives,payments for a purchase made by the Second Purchasing Party shall be
paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing
Party shall determine whether the vendor has complied with any provisions in its
contract with the vendor, including but not limited to those relating to the quality of
items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement.
2.4. No Obligation.Execution of this Agreement does not obligate Austin or Fort Worth to
make any purchase, to pay any membership fee or to otherwise incur any cost or
obligation.
Page 1 of 3 INTERLOCAL AGREEMENT T R TAJ0 qf* PL
Page 5 of 6
City of Fort Worth &Austin
Cooperative Purchasing Agreement
3. Miscellaneous.
3.1. Duration. This Agreement is effective on the date of the last signature below and shall
automatically renew annually until terminated by either party.
3.2. Termination. Either party may terminate this Agreement, without cause or penalty,
upon not less than thirty days written notice to the other party.
3.3. Alteration. This Agreement may not be altered, amended, or modified except
with written agreement from both of the Parties.
3.4. Governing Law and Venue. This Agreement will be subject to all applicable federal,
state and local laws, ordinances, rules and regulations. If any action arises based on any
provision of this Agreement, venue for such action shall lie in state or federal courts in
accordance with the laws of the State of Texas.
3.5. Interpretation. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
3.6. Severability. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each such
illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to
a legal, valid or enforceable term or provision as similar as possible to the term or
provision declared illegal, invalid or unenforceable.
3.7. Agreement Execution and Authority. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute
but the same instrument. The undersigned officers or agents are authorized to execute
this Agreement on behalf of the parties, and each party certifies to the other that any
necessary actions extending such authority have been duly passed and are now in full
force and effect.
3.8. Notice.All notices, requests, demands, and other communications required or permitted
under this Agreement must be in writing. Notice will be deemed received if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, to the respective city representative set out below, or his/her designee.
3.9. Headings. The headings in this Agreement are for reference purposes only and are not
intended to affect the meaning or interpretation of the Agreement in any way.
Page 2 of 3 INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 6 of 64
City of Fort Worth &Austin
Cooperative Purchasing Agreement
EXECUTED this day of °- , 2015.
CITY OF FORT WORTH CITY OF AUSTIN
1000 Throckmorton Street P.O. Box 1088
Fort Worth,Texas 02 Austin, Texas... J .78767-1088
By:
B y.
S� s Alanis �°i ° �.
Title: Assistant City Manager Title: P khAt'tkm C.) ""°
� 2i ......
._
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney Assistant City Attorney
OR
ate,_
�°
M&C P-10710 Januar 15 200&,� � 1 aa o%'A
Contract Authorization ° "°
Q
Mary J. Ka er, City S'&cretary .10 00u,
Date
e I d AAff
Page 3 of 3 INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 7 of 64
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
AM I Fi`lE1T'A"�1RT11
COUNCIL ACTION: Approved on 1/15/2008
DATE: 1/15/2008 REFERENCE NO.: **P-10710 LOG NAME: 13P07-0130
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Cooperative Purchasing Agreements for Goods and Services Between the City
of Fort Worth, Local Governments and Local Cooperative Organizations Authorized by the
Texas Local Government Code
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Cooperative
Purchasing Agreements for goods and services between the City of Fort Worth, local governments
and local cooperative purchasing organizations authorized by the Texas Local Government Code.
DISCUSSION:
The Purchasing Division will use this authorization to contract with local governments and local
cooperative organizations to obtain goods or services. The use of these contracts allows the City of
Fort Worth to take advantage of lower prices without the cost of competitive bidding by obtaining
access to existing competitively procured contracts with entities such as Tarrant County, Houston-
Galveston Area Council, Texas Association of School Boards' Local Government Purchasing
Cooperative and U.S. Communities.
This authorization will allow other local governments such as Tarrant County, the City of Arlington
and the City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may
result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume
of goods and services bid increases the possibility of lower prices to the City through greater
economies of scale. Either of the contract participants may terminate the agreement with written
notice to the other party.
Section 271.102(a) of the Texas Local Government Code allows local governments to participate in
cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government
purchasing goods or services under a cooperative purchasing program satisfies any state law
requiring that the local government seek competitive bids for purchase of the goods or services. The
contracts for goods and services have been competitively bid to increase and simplify the purchasing
power of local governments across the State of Texas.
The Law Department recommends that the Purchasing Division review these agreements
periodically. The last M&C regarding execution of agreements with these cooperatives was approved
on March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed every five
years.
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 8 of 64
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=8981&councildate=1/1 5/2008 11/3/2015
M&C Review Page 2 of 2
Approval of this Mayor and Council Communication will not commit the City to spend any funds.
Purchases exceeding the administrative procurement threshold provided in the City Code of
Ordinances will be presented to Council for authorization as required.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the execution of these cooperative purchasing agreements will
have no material effect on City funds.
BQN\07-0130\KDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 9 of 64
http://apps.cfwnet.org/council_packet/mc review.asp?ID=8981&councildate=l/15/2008 11/3/2015
EXHIBIT B-
AGREEMENT BETWEEN CITY OF AUSTIN AND TYR TACTICAL,LLC.FOR
TACTICAL CARRIER VESTS
t
Amendment No. 1
of
Contract No GA180000035
for
Tactical Carrier vests
between
TYR Tactical LLC ("Contractor')
and the
City of Austin ("City")
1.0 The City hereby exercises this extension option for the subject contract.This extension Option will be April 11,2020 to April
10, 2021. Two option remains.
2.0 The total contract amount is increased by$66,667.00 for the extension option period. The total Contract authorization is
recapped below:
Term Action Amount Total Contract Amount
Basic Term: 04/11/2018—04/10/2020 $300,000.00 $300,000.QO
Amendment No. 1: Option 1
04/11/2020—04/10/2021 $66,667.00 $366,667.00
3.0 MBEANBE goals were not established for this contract.
4.0 By signing this Amendment, the Contractor certifies that the Contractor and its principals are not currently suspended or
debarred from doing business with the Federal Government, as indicated by the General Services Administration(GSA)List .
of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Austin.
5.0 All other terms and conditions remain the same.
BY THE SIGNATURES affixed below, this Amendment is hereby incorporated into and made a part of the above-referenced
contract.
Signature: Signature: Bridney Stewart ; •—� �-----
Printed Name: Bridney Stewart, Procurement Specialist II
Authorized Repres n or City of Austin
Purchasing Office
TYR Tactical LLC
9330 N 9161 Ave
Peoria,Arizona 85345 Digitally signed by Marian Moore
623-240-1 400 Marian Moore DN:cn=Marian Moore o=CltyofAustln,
au=Purchasing Office,
email=marian.moore@austintems.gov,c=US
Date:2020.03.27 D936:54-05'00'
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 10 of 64
CONTRACT BETWEEN THE CITY OF AUSTIN ("City")
AND
TYR TACTICAL LLC ("Contractor")
for
Tactical Carrier Vests
MA 8700 GA180000035
The City accepts the Contractor's Offer (as referenced in Section 1.1.3 below) for the above
requirement and enters into the following Contract.
This Contract is between TYR TACTICAL LLC having offices at 9330 N 91 st Ave. Peoria, AZ 85345
and the City, a home-rule municipality incorporated by the State of Texas, and is effective as of the
date executed by the City ("Effective Date").
Capitalized terms used but not defined herein have the meanings given them in Solicitation Number
IFB 8700 MHJ0210.
1.1 This Contract is composed of the following documents:
1.1.1 This Contract
1.1.2 The City's Solicitation, Invitation for Bid (IFB), MHJ0210 including all documents
incorporated by reference
1.1.3 TYR TACTICAL LLC's Offer, dated August 29,2017, including subsequent clarifications
1.2 Order of Precedence. Any inconsistency or conflict in the Contract documents shall be
resolved by giving precedence in the following order:
1.2.1 This Contract
1.2.2 The City's Solicitation as referenced in Section 1.1.2, including all documents
incorporated by reference
1.2.3 The Contractor's Offer as referenced in Section 1.1.3, including subsequent clarifications.
1.3 Term of Contract. The Contract will be in effect for an initial term of twenty-four (24) months
and may be extended thereafter for up to three (3) twelve (12) month extension option(s),
subject to the approval of the Contractor and the City Purchasing Officer or his designee. See
the Term of Contract provision in Section 0400 for additional Contract requirements.
1.4 Compensation. The Contractor shall be paid a Not-to-Exceed amount of$300,000 for the initial
Contract term and $66,667 for each extension option, for a total contract amount Not-to-Exceed
$500,000. Payment shall be made upon successful completion of services or delivery of goods
as outlined in each individual Delivery Order.
1.5 Quantity of Work. There is no guaranteed quantity of work for the period of the Contract and
there are no minimum order quantities. Work will be on an as needed basis as specified by the
City for each Delivery Order
Standard Contract Format MAs with Discussions Simplified 1 Rev. 12-13-2017
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 11 of 64
This Contract(including any Exhibits) constitutes the entire agreement of the parties regarding the
subject matter of this Contract and supersedes all prior and contemporaneous agreements and
understandings, whether written or oral, relating to such subject matter. This Contract may be
altered, amended, or modified only by a written instrument signed by the duly authorized
representatives of both parties.
In witness whereof, the parties have caused a duly authorized representative to execute this Contract
on the date set forth below.
TYR TACTICAL LLC CITY OF AUSTIN
n d Of. ar-c k. Marty James
Printed Name of Authorized Person Printed Name of Autho ' e erson
SigrAture Signature
Procurement Specialist III
Tale: Title:
oq- /o -,201do-
Date: Date:
Standard Contract Format MAs with Discussions Simpified 2 Rev. 12-13-2017
INTERLOCAL AGREEMENT TYR TACTICAL, LLC.
Page 12 of 64
CITY OF AUSTIN
PURCHASING OFFICE
BID SHEET
Tactical Vests
Vendor Name: TYR Tactical,LLC
Special Instructions: Be advised that exceptions taken to any portion of the solicitations may jeopardize acceptance of the bid.
SECTION 1-SPECIFIED ITEMS(MOST FREQUENTLY USED ITEMS)
Bid Prices shall be the invoiced price and include all costs and shipping charges(FOB Destination)to deliver items to the Austin,Texas area. A bid
of W(zero)will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of'no bid'will be
interpreted by the City that the responder does not wish to bid on that item.
The quantities listed are annual estimates for the Contract. The City reserves the right to purchase more or less of these quantities as may be
required during the contract term. Quantities will be as needed and specified by the City for each order.
Items shall be bid as specified.Pricing shall include all fees,including shipping,and delivery fees.Bidder should include specification sheets for all
equivalents quoted. Samples may be requested if deemed necessary to evaluate Bidder's product(s).
Note:APD will accept an alternative manufacturer/model but only if the unit wearing them approves the model.Any vest submitted that is a different
make and model will be reviewed and wear tested before bid acceptance.
Est
ITEM NO. Item Description Annual Unit Unit Price Extended Price
OTY
The Vest:Tactical PICO-MVW Tactical Carrier,TXP-III Armor,Part
1 No.:Model#TYR-PIC01 M-MVW-TXP3A-BLK BLACK/OD Green 179 EA $ 889.96 $ 159,302.84
or department approved equal.
Manufacturer and model#:TYR-PICO-MVW-TXP3A
Tactical THOR Ballistic Shoulders,TXP-IIIA Armor,Part No.:TYR-
LW107-THOR-TXP3A-BLK,BLACK/OD Green,or department
2 approved equal. 179 EA $ 124.21 $ 22,233.59
Manufacturer and model#:TYR-LW 107-THOR-TXP3A
Tactical Lower Abdomen protection,TXP-IIIA Armor,Part No.:TYR
LW109MV-TXP3A-BLK,BLACK/OD Green,or department
3 approved equal. 179 EA $ 139.06 $ 24,891.74
Manufacturer and model#:TYR-LW 109MV-TXP3A
Tactical Deltoid/Bicep Protection,TXP-IIIA Armor,Part No.:TYR-
MST1 1 5-TXP3A-BLK,BLACK/OD Green,or department approved
4 equal. 179 EA $ 326.08 $ 58,368.32
Manufacturer and model#:TYR-MST115-TXP3A-BLK
Tactical MV groin protector,TXP-IIIA Armor,Part No.:TYR-
LW 110MV-TXP3A-BLK,BLACK/OD Green,or buyer approved
5 equal. 179 EA $ 158.37 $ 28,348.23
Manufacturer and model#:TYR-LW 110MV-TXP3A-BLK
Tactical Side Armor Conversion Kit,TXP-IIIA Armor,Part No.:TYR-
SPA66-TXP3A-BLK,BLACK/OD Green,or department approved
6 equal. 179 EA $ 150.09 $ 26,866.11
Manufacturer and model#:TYR-SPA66-TXP3A-BLK
Tactical Ballistic Collar wfTXP-IIIA armor,Part No.:TYR-CLR001-
7 TXP3A-BLK,BLACK/OD Green,or department approved equal. 179 EA $ 150.00 $ 26,850.00
Manufacturer and model#:TYR-M-ECLRYK2-TXP3A-BLK
Tactical Ballistic Yoke w/TXP-IIIA armor,Part No.:TYR-YK001-
8 TXP3A-BLK,BLACK/OD Green,or department approved equal. 179 EA $ 123.00 $ 22,017.00
Manufacturer and model#:TYR-M-MV-THR-TXP3A-BLK
Vest shall have two removable ID patches 1 front,1 rear,3"x 6"
9 with"POLICE"in white lettering and the background should be the 358 EA $ 6.76 $ 2,420.08
color of Vest(BLACK/OD Green)and should be removable Velcro.
Manufacturer and model#:TYR-CIDP-3x6-BLK
Total Bid= $ 371,297.91
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 13 of 64
CITY OF AUSTIN
PURCHASING OFFICE
BID SHEET
Tactical Vests
SECTION 2-NON-SPECIFIED ITEMS
Bidder shall be able to provide other catalog items that are not listed above. The prices for these Non-Specified Items shall be based on the Price List(s)and percentage discount(s)as indicated below.
Bidder shall provide the manufacturer(s)name and number of the identified price list(s),the latest effective date of the identified price list(s),and the percentage discount(s)to the identified price list(s).
LINE ITEM Name and Number of Price List or Catalog Latest Effective Date of Price Discount from Price List
List or Catalog
Name TYR Tactical Catalog
10 Jul-15 15%
Number N/A
11 Name %
Number
DELIVERY METHOD: UPS Ground
Please be advised that the appropriate part number for each color and size are provided below. Additionally,we have provided pricing on line item 2,TYR-
LW 107-THOR-TXP3A,however this item cannot be used in conjunction with line item 7,TYR-M-ECLRYK2-TXP3A,or line item 8,TYR-M-MV-THR-TXP3A.
TYR-PICO-MV W-TXP3A-SM/M D-BLK
TYR-PICO-MV W-TXP3A-SM/M D-RG
TYR-PICO-MV W-TXP3A-LG/XL-BLK
TYR-PICO-MV W-TXP3A-LG/XL-RG
TYR-LW 107-THOR-TXP3A-SM/MD-BLK
TYR-LW 107-THOR-TXP3A-SM/MD-RG
TYR-LW 107-THOR-TXP3A-LG/XL-BLK
TYR-LW 107-THOR-TXP3A-LG/XL-RG
TYR-M-ECLRYK2-TXP3A-SM/M D-BLK
TYR-M-ECLRYK2-TXP3A-SM/M D-RG
TYR-M-ECL RYK2-TXP3A-LG/XL-B L K
TYR-M-ECLRYK2-TXP3A-LG/XL-RG
TYR-M-MV-THR-TXP3A-SM/M D-BLK
TYR-M-M V-THR-TXP3A-SM/M D-RG
TYR-M-MV-THR-TXP3A-LG/XL-BLK
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 14 of 64
CITY OF AUSTIN
SOLICITATION NO: IFB MHJ0210
TACTICAL CARRIER VESTS
1.0 PURPOSE
This contract is for the purchase of multi piece tactical carrier vests with accessories for the
Austin Police Department's (APD)SWAT Team and Organized Crime Unit (OCD), to replace
existing vests that will be expiring from 2018 -2022.
2.0 Vest Requirements
2.1 Vest shall meet National Institute of Justice (NIJ) STD 0101.04 dated no later than
September 2012, or latest revision for Threat Level Type IIIA ballistic performance, and
contractor shall provide Notice of Compliance with NIJ Standard-0101.06.
2.2 Vest shall meet Military(MIL)-STD-662E latest revision.
2.3 Vest shall meet Federal Standard No. 751, Seams & Stitching latest revision.
2.4 Vest shall meet American National Standards Institute (ANSI)/American Society for Quality
(ASQC)Standards latest revision.
2.5 The ballistic resistant body armor shall have the ability to:
2.5.1 Supply maximum protection against bullet penetration and blunt trauma while
allowing the wearer maximum flexibility and comfort while performing in high-risk
situations.
2.6 The vest shall be flexible, durable, and comfortable.
2.7 Vests shall be available in various sizes from small to extra-large.
3.0 CITY RESPONSIBILITES
3.1 The City will visibly inspect vests upon delivery for accuracy or any other defect which may
cause rejection of items. These items will not be accepted and shall be replaced by the
contractor at no additional cost to the City.
4.0 MATERIAL REQUIREMENTS
4.1 DESIGN
4.1.1 The tactical body armor shall provide coverage in the front, back, sides, shoulder,
arm (bicep), neck/throat area, groin area and be of the side closure style. The
vest shall be a front to back wrap-around design. The side closures shall be eight
inch (8")elastic secured with Velcro®allowing for a wide range of vest
adjustments. The front and back ballistic panels shall extend up over the
shoulder creating a maximum four-inch (4")overlap to allow for adjustability and
offer total ballistic protection. A panel shall provide ballistic protection to the neck
area, and shall be removable. The side panels shall be secured by hook and pile
closure system that runs the entire length of the side opening. Pockets are to be
modular in design and held securely in place by a Velcro®system. Front and
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 15 of 64
back hard armor plate pockets (10"x 12"). There shall be 2 removable"POLICE"
ID patches: 1 front, 1 rear, size 3"x 6". Vest shall also have an Officer-down drag
strap. Vest shall meet NN.3 Performance Requirements.
4.2 PICO-MV FEATURES
4.2.1 Fits standard SAPI and ESAPI Plates.75" - 1"thick.
4.2.2 PALS Webbing for MOLLE Attachment.
4.2.3 Hydration/Communication Tabs for Routing.
4.2.4 Removable MOLLE Kangaroo Front Flap, Holds Three 5.56 Mags.
4.2.5 Front Wing Mag Adapters, set.
4.2.6 Shoulder pads.
4.2.7 Ballistic VeinTm to Stabilize and Enhance Soft Armor Inserts.
4.2.8 Reinforced drag handle.
4.2.9 Comes Standard with PALS adapter sets: (TYR-LW 106A23F, TYR-LW 112AS-4,
TYR-LW 106A23).
4.2.10 Repair buckle kit
4.3 REQUIRED ACCESSORIES
4.3.1 MV Lower Abdomen Platform.
4.3.2 MV or BALCS Cut Groin.
4.3.3 Wide Variety Removable Kangaroo Front Flaps.
4.3.4 7 x 8" External Cummerbund w/Side Plate Pockets.
4.3.5 Ballistic THOR Shoulders & Bicep/Deltoid Upper Arm Protection.
4.3.6 XFrameTm Dynamic Load CarriageTm System Compatible.
5.0 DELIVERY&ORDERING REQUIREMENTS
5.1 Contract Manager or designee shall place orders.
5.2 Routine orders shall be via e-mail notification by the APD Contract Manager or designee.
5.3 Complete shipments are required; however, partial shipments will be considered by the City,
and shall be delivered at no additional cost to the City.
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 16 of 64
CITY OF AUSTIN, TEXAS
Purchasing Office
INVITATION FOR BID (IFB)
OFFER SHEET
SOLICITATION NO: MHJ0210 COMMODITY/SERVICE DESCRIPTION: Tactical Carrier Vests
DATE ISSUED 08/14/2017
REQUISITION NO.: 17061500578 PRE-BID CONFERENCE TIME AND DATE: N/A
COMMODITY CODE: 6800815
FOR CONTRACTUAL AND TECHNICAL BID DUE PRIOR TO 08/31/2017 2:00 PM CST
ISSUES CONTACT THE FOLLOWING
AUTHORIZED CONTACT PERSON BID OPENING TIME AND DATE 08/31/2017 3:00 PM CST
Marty James
Procurement Specialist II LOCATION: MUNICIPAL BUILDING, 124 W 81" STREET
RM 308, AUSTIN, TEXAS 78701
Phone: (512) 974-3164
E-Mail: Marty.James@austintexas.gov
LIVE BID OPENING ONLINE:
Erin D'Vincent For information on how to attend the Bid Opening online, please
Procurement Specialist IV select this link:
Phone: (512) 974-3070 http://www.austintexas.gov/department/bid-opening-webinars
E-Mail: Erin.DVincent@austintexas.gov
When submitting a sealed Offer andlor Compliance Plan, use the proper address for the type of service desired,
as shown below:
Address for US Mail (Only) Address for FedEx, UPS, Hand Delivery or Courier
Service
City of Austin City of Austin, Municipal Building
Purchasing Office-Response Enclosed for Solicitation#MHJ0210 Purchasing Office-Response Enclosed for Solicitation#MHJ0210
P.O Box 1088 124 W 8ti"Street, Rm 308
Austin, Texas 78767-8845 Austin, Texas 78701
Reception Phone: (512)974-2500
NOTE: Offers must be received and time stamped in the Purchasing Office prior to the Due Date and Time. It is the
responsibility of the Offeror to ensure that their Offer arrives at the receptionist's desk in the Purchasing Office prior
to the time and date indicated.Arrival at the City's mailroom, mail terminal, or post office box will not constitute the
Offer arriving on time. See Section 0200 for additional solicitation instructions.
All Offers (including Compliance Plans)that are not submitted in a sealed envelope or container will not be considered.
The Vendor agrees, if this Offer is accepted within 120 calendar days after the Due Date,to fully comply in strict accordance with
the Solicitation, specifications and provisions attached thereto for the amounts shown on the accompanying Offer.
SUBMIT 1 ORIGINAL AND 1 ELECTRONIC (USB) COPY OF YOUR RESPONSE
`SIGNATURE FOR SUBMITTAL REQUIRED ON PAGE 3 OF THIS DOCUMENT'
Offer Sheet Solicitation No. IFB MHJ0210 Page I 1
INTERLOCAL AGREEMENT TYR TACTICAL, LLC.
Page 17 of 64
This solicitation is comprised of the following required sections. Please ensure to carefully
read each section including those incorporated by reference. By signing this document, you
are agreeing to all the items contained herein and will be bound to all terms.
SECTION TITLE PAGES
NO.
0100 STANDARD PURCHASE DEFINITIONS
0200 STANDARD SOLICITATION INSTRUCTIONS
0300 STANDARD PURCHASE TERMS AND CONDITIONS `
0400 SUPPLEMENTAL PURCHASE PROVISIONS 8
0500 SPECIFICATION 2
0600 BID SHEET—Must be completed and returned with Offer 2
0605 LOCAL BUSINESS PRESENCE IDENTIFICATION FORM—Complete and return 2
0700 REFERENCE SHEET—Complete and return 1
0800 NON-DISCRIMINATION AND NON-RETALIATION CERTIFICATION—Complete and 2
return
0805 NON-SUSPENSION OR DEBARMENT CERTIFICATION `
0810 NON-COLLUSION, NON-CONFLICT OF INTEREST. AND ANTI-LOBBYING
CERTIFICATION
0825 WORKPLACE CONDITIONS AFFIDAVIT-Must be completed and returned with Offer 1
0835 NONRESIDENT BIDDER PROVISIONS-Complete and return 1
0900 SUBCONTRACTINGISUB-CONSULTING UTILIZATION FORM—Complete& return 1
0905 SUBCONTRACTINGISUB-CONSULTING UTILIZATION PLAN—Complete and return if 3
applicable
*'Documents are hereby incorporated into this Solicitation by reference with the same force and
effect as if they were incorporated in full text. The full text versions of the' Sections are,available
on the Internet at the following online address:
http'//www,austintexas gov/financeonline/vendor connectionlindex.cfm#STANDARDBIDDOCUM ENT S
If you do not have access to the Internet, you may obtain a copy of these Sections from the City of
Austin Purchasing Office located in the Municipal Building, 124 West 81" Street, Room #308 Austin,
Texas 78701;phone (512) 974-2500. Please have the Solicitation number available so that the staff
can select the proper documents. These documents can be mailed expressed mailed or faxed to
you.
INTERESTED PARTIES DISCLOSURE
In addition Section 2252.908 of the Texas Government Code requires-the successful offeror to
complete a Form 1295 "Certificate of Interested Parties" that is signed and notarized fora contract
award requiring council authorization. The "Certificate of Interested Parties" form must be
completed on the Texas Ethics Commission websiteprinted, signed and submitted to the City b
the authorized agent of the Business Entity with acknowledgment that disclosure is made under
oath and under penalty of periury prior to final contract execution.
https.//www.ethics.state.tx.us/whatsnewlelf info form1295.htm
Offer Sheet Solicitation No. IFB MHJ0210 Page 2
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 18 of 64
The undersiqned, by his/her signature, represents that he/she is submitting a binding offer and is
authorized to bind the respondent to fully comply with the solicitation document contained herein. The
Respondent, by submitting and signing below, acknowledges that he/she has received and read the
entire document packet sections defined above including all documents incorporated by reference,and
agrees to be bound by the terms therein.
Company Name: TYR Tactical, LLC
Company Address: 9330 N 91 st Ave
City, State, Zip: Peoria, AZ 85345
Federal Tax ID No.
Printed Name of Officer or Authorized
Representative: Jane Beck
Title CCO
Signature of Officer or Authorized
Representative:
Date 08/29/2017
Email Address. jane@tyrtactical.com
Phone Number: 623-240-1400
* Completed Bid Sheet, section 0600 must be submitted with this signed Offer sheet
to be considered for award
Offer Sheet Solicitation No. IFB MH10210 Page 13
INTERLOCAL AGREEMENT TYR TACTICAL, LLC.
Page 19 of 64
Section 0605: Local Business Presence Identification
A firm (Offeror or Subcontractor) is considered to have a Local Business Presence if the firm is headquartered in the Austin
Corporate City Limits, or has a branch office located in the Austin Corporate City Limits in operation for the last five(5) years,
currently employs residents of the City of Austin, Texas, and will use employees that reside in the City of Austin, Texas, to
support this Contract The City defines headquarters as the administrative center where most of the important functions and
full responsibility for managing and coordinating the business activities of the firm are located. The City defines branch office
as a smaller,remotely located office that is separate from a firm's headquarters that offers the services requested and required
under this solicitation.
OFFEROR MUST SUBMIT THE FOLLOWING INFORMATION FOR EACH LOCAL BUSINESS (INCLUDING THE
OFFEROR, IF APPLICABLE) TO BE CONSIDERED FOR LOCAL PRESENCE.
NOTE ALL FIRMS MUST BE IDENTIFIED ON THE M8F/WBF COMPLIANCE PLAN OR NO GOALS UTILIZATION PLAN
(REFERENCE SECTION 0900)
'USE ADDITIONAL PAGES AS NECESSARY'
OFFEROR:
Name of Local Firm N/A
Physical Address
Is your headquarters located
in the Corporate City Limits? Yes No
(circle one)
or
Has your branch office been
located in the Corporate City Yes No
Limits for the last 5 years?
Will your business be
providing additional economic
development opportunities
created by the contract Yes No
award?(e.g., hiring, or
employing residents of the
City of Austin or increasing
tax revenue?)
I- i I I
SUBCONTRACTOR(S):
Name of Local Firm N/A
Physical Address
Is your headquarters located
in the Corporate City Limits?
(circle one) Yes No
or
Has your branch office been
located in the Corporate City
Limits for the last 5 years Yes No
Section 0605 Local Business Presence Solicitation No. IFB MHJ0210 Page 1
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 20 of 64
Will your business be
providing additional economic
development opportunities
created by the contract
award?(e g-, hiring, or
employing residents of the
City of Austin or increasing
tax revenue?) Yes No
SUBCONTRACTOR(S):
Name of Local Firm N/A
Physical Address
Is your headquarters located
in the Corporate City Limits?
(circle one) Yes No
Or
Has your branch office been
located in the Corporate City
Limits for the last 5 years Yes No
Will your business be
providing additional economic
development opportunities
created by the contract
award?(e.g., hirng, or
employing residents of the
City of Austin or increasing
tax revenue)) Yes No
Section 0605 Local Business Presence Solicitation No. IFB MHJ0210 Page 2
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 21 of 64
Section 0700: Reference Sheet
Responding Company Name TYR Tactical, LLC
The City at its discretion may check references in order to determine the Offeror's experience and ability to
provide the products and/or services described in this Solicitation. The Offeror shall furnish at least 3 complete
and verifiable references. References shall consist of customers to whom the offeror has provided the same or
similar services within the last 5 years- References shall indicate a record of positive past performance.
1. Company's Name City of Boston
Name and Title of Contact Kevin Coyne.Department Head/Purchasing AgenVBPS Business Manager
Project Name BPI)TYR Tactical ProtWion Equipment
Present Address One City Hall, M-4
City, State,Zip Code Boston.MA 02201
Telephone Number 617 } 635-2201 Fax Number ( nfa }
Email Address Brian Heger@boston_gov
2. Company's Name City of Scottsdale
Name and Title of Contact Margie Vasquez, Buyer
Project Name Custom Jump Vests
Present Address 919 E San Salvador Dr
City, State,Zip Code Scottsdale AZ 85258
Telephone Number 480 ) 312-5700 Fax Number 480 } 312-5701
Email Address Mvasquez@scottsdaleaz-gov
3, Company's Name Las Vegas Metropolitan Police Department
Name and Title of Contact Beth Hurley,Buyer
Project Name Armor!Emergency Operations
Present Address 400 S. Martin L King Blvd. Bldg B 4th Floor
City, State,Zip Code Las Vegas.NV 89106
Telephone Number 702 }B28-3944 Fax Number 7( 02 ] 828-0146
Email Address B14587H@LVMPD.com
Section 0700 Reference Sheet Solicitation No. IFB MHJ0210 Page 2
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 22 of 64
City of Austin, Texas
Section 0800
NON-DISCRIMINATION AND NON-RETALIATION CERTIFICATION
City of Austin,Texas
Equal Employment/Fair Housing Office
To: City of Austin. Texas,
hereby certify that our firm complies with the Code of the City of Austin, Section 5-4-2 as reiterated below, and
agrees:
(1) Not to engage in any discriminatory employment practice defined in this chapter
(2) To take affirmative action to ensure that applicants are employed, and that employees are treated
during employment. without discrimination being practiced against them as defined in this chapter.
including affirmative action relative to employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and
selection for training or any other terms,conditions or privileges of employment.
(3) To post in conspicuous places, available to employees and applicants for employment,notices to be
provided by the Equal Employment/Fair Housing Office setting forth the provisions of this chapter.
(4) To state in all solicitations or advertisements for employees placed by or on behalf of the Contractor,
that all qualified applicants will receive consideration for employment without regard to race, creed,
color, religion, national origin, sexual orientation, gender identity, disability, sex or age.
(5) To obtain a written statement from any labor union or labor organization furnishing labor or service
to Contractors in which said union or organization has agreed not to engage in any discriminatory
employment practices as defined in this chapter and to take affirmative action to implement policies
and provisions of this chapter
(6) To cooperate fully with City and the Equal Employment/Fair Housing Office in connection with any
investigation or conciliation effort of the Equal Empioyment/Fair Housing Office to ensure that the
purpose of the provisions against discriminatory employment practices are being carried out.
(7) To require of all subcontractors having 15 or more employees who hold any subcontract providing
for the expenditure of$2,000 or more in connection with any contract with the City subject to the
terms of this chapter that they do not engage in any discriminatory employment practice as defined
in this chapter
For the purposes of this Offer and any resulting Contract, Contractor adopts the provisions of the City's Minimum
Standard Non-Discrimination and Non-Retaliation policy set forth below
City of Austin
Minimum Standard Non-Discrimination and Non-Retaliation in Employment Policy
As an Equal Employment Opportunity (EEO) employer, the Contractor will conduct its personnel activities in
accordance with established federal, state and local EEO laws and regulations.
The Contractor will not discriminate against any applicant or employee based on race,creed. color, national origin,
sex, age, religion, veteran status, gender identity, disability,or sexual orientation This policy covers all aspects of
employment, including hiring. placement, upgrading, transfer, demotion, recruitment, recruitment advertising,
selection for training and apprenticeship, rates of pay or other forms of compensation, and layoff or termination.
The Contractor agrees to prohibit retaliation, discharge or otherwise discrimination against any employee or
applicant for employment who has inquired about, discussed or disclosed their compensation.
Further, employees who experience discrimination, sexual harassment, or another form of harassment should
immediately report it to their supervisor. If this is not a suitable avenue for addressing their compliant: employees
are advised to contact another member of management or their human resources representative. No employee
shall be discriminated against, harassed, intimidated, nor suffer any reprisal as a result of reporting a violation of
this policy Furthermore. any employee, supervisor, or manager who becomes aware of any such discrimination
Section 0800 Non-Discrimination and Solicitation No. IFB MHJ0210 Page 1 1
Non-Retaliation Certification
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 23 of 64
or harassment should immediately report it to executive management or the human resources office to ensure that
such conduct does not continue
Contractor agrees that to the extent of any inconsistency, omission, or conflict with its current non-discrimination
and non-retaliation employment policy.the Contractor has expressly adopted the provisions of the City's Minimum
Non-Discrimination Policy contained in Section 54-2 of the City Code and set forth above. as the Contractor's
Non-Discrimination Policy or as an amendment to such Policy and such provisions are intended to not only
supplement the Contractor's policy. but will also supersede the Contractor's policy to the extent of any conflict
UPON CONTRACT AWARD. THE CONTRACTOR SHALL PROVIDE THE CITY A COPY OF THE
CONTRACTOR'S NON-DISCRIMINATION AND NON-RETALIATION POLICIES ON COMPANY LETTERHEAD,
WHICH CONFORMS IN FORM, SCOPE, AND CONTENT TO THE CITY'S MINIMUM NON-DISCRIMINATION
AND NON-RETALIATION POLICIES, AS SET FORTH HEREIN, OR THIS NON-DISCRIMINATION AND NON-
RETALIATION POLICY, WHICH HAS BEEN ADOPTED BY THE CONTRACTOR FOR ALL PURPOSES WILL
BE CONSIDERED THE CONTRACTOR'S NON-DISCRIMINATION AND NON-RETALIATION POLICY
WITHOUT THE REQUIREMENT OF A SEPARATE SUBMITTAL
Sanctions:
Our firm understands that non-compliance with Chapter 5-4 and the City's Non-Retaliation Policy may result in
sanctions, including termination of the contract and suspension or debarment from participation in future City
contracts until deemed compliant with the requirements of Chapter 5-4 and the Non-Retaliation Policy
Term:
The Contractor agrees that this Section 0800 Non-Discrimination and Non-Retaliation Certificate of the
Contractor's separate conforming policy, which the Contractor has executed and filed with the City, will remain in
force and effect for one year from the date of filling The Contractor further agrees that. in consideration of the
receipt of continued Contract payment. the Contractor's Nan-Discrimination and Non-Retaliation Policy will
automatically renew from year-to-year for the term of the underlying Contract
Dated this 29th day of August 2017
CONTRACTOR TYR Tactical, LLC
Authorized J,
Signature
Title CCO
Section 0800 Non-Discrimination and Solicitation No. 1FB MHJ0210 Page 2
Non-Retaliation Certification
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 24 of 64
Section 0825: Workplace Conditions Affidavit
State of Texas
County of Travis
I Jane Beck being first duly sworn, depose and say
1 The following are the names of any country of production and the names, physical addresses and phone numbers
of each facility involved in the production of goods or provision of services covered by this code, which I shall update
to indicate any changes to this list of subcontractors, or facilities during the term of the contract:
Description of Personal Protective Equipment, Nylon Personal Protective Equipment, Soft Body Armor
goods or
services
Country of
Production United States of America United States of America
Name of TYR Tactical, LLC TYR Tactical, LLC
Facility
Physical 9330 N 91st Ave 9330 N 91st Ave
Address
City. State, Peoria,AZ 85345 Peoria,AZ 85345
Zip Code
Phone
Number 623-240-1400 623-240-1400
[List as necessary, attach additional sheet if needed]
1 Attached and incorporated by reference is an initial and current copy of each of the above-referenced facility's
standard payroll records. including the minimum base hour wage of non-supervisory production employees,
percent of wage level paid as health benefit, other benefits, regular deductions from paychecks, normal working
hours per day and week, actual working hours per day and week, and overtime policy if any I shall update this
attachment to indicate any change to this information and these standards and policies during the term of this
contract
Contractor's Name TYR Tactical LLC
Printed Name: Jane Beck
Title: CCO
Signature of Officer or Authorized Representative:
Subscribed and sworn to before me this 29th day of August 20 17
`'" "''�1 My Commission Expires L1 I, ��
ary Public }ZARyPf&, •�i
J., 4 COUNTY.
Section 0825 Workplace Condition Solicitation No. IFB MN10210 Page 1
INTERLOCAL AGREEMENT TYR TACTICAL, LLC.
Page 25 of 64
Section 0835: lion-Resident Bidder Provisions
Company Name TYR Tactical, LLC
A. Bidder must answer the following questsons in accordance with Vernon's Texas Statues and Codes Annotated
Government Code 2252.002. as amended.
Is the Bidder that is making and submitting this Bid a "Resident Bidder' or a"non-resident Bidder"?
Answer. Non-Resident Bidder
(1) Texas Resident Bidder-A Bidder whose principle place of business is in Texas and includes a Contractor whose
ultimate parent company or majority owner has its principal place of business in Texas.
(2) Nonresident Bidder-A Bidder who is not a Texas Resident Bidder
B. if the Bidder id a"Nonresident Bidder"does the state in which the Nonresident Bidder's principal place of business
is iocated, have a law requiring a Nonresident Bidder of that state to bid a certain amount or percentage under the
Bid of a Resident Bidder of that state in order for the nonresident Bidder of that state to be awarded a Contract on
such bid in said state?
Answer No which State: Arizona
C. If the answer to Question B is"yes", then what amount or percentage must a Texas Resident Bidder bid under the
bid price of a Resident Bidder of that state in order to be awarded a Contract on such bid in said state?
Answer. NIA
Section 0835 Non-Resident Bidder INTERLOCALSQQREFMFMJ�TYR Tf IgLC. Page � 1
Page 26 of 64
Section 0900: SUBCONTRACTING/SUB-CONSULTING UTILIZATION FORM
Solicitation No. IFB MHJ0210
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 27 of 64
MINORITY-AND WOMEN-0i' NF.D BUSINESS ENTERPRISE(3 flu-/WEIE)
PR( CtMEMIENT PROGRAM
11 ION M"xM]--R-- IFH x111-Io2lo
St tilt:!!'l'J'1t")ti i`t`19.1 : '1'aent:al t:arru.•r�r�t4
In acerrralance with tltr fate of Iwtin's xIIn"nry aria lXtnnc-n t twntcl 1�tlsttTt-a 1'ntiYprt>t' x1`lx'b€ : I°rttrtrrcarttnt Im am T'rtr¢reartt„
[af rt -ti�3lli/f:;`1 trf the fats•f:ede anal 11�A'Hf 7 1'nahram Rtlle,. this SnllclTatl,rn was reviewtzl hs the SnijH and xfirtonry"liustrts
Rrwttuces lTaparrrrtrrlt xll IfF ttr.elcterntirtc If xt.
V%X 81': ;s�Ixrattrtetctr'SttCS-t:ttttwultartt P" ubrtmxraeinr":Goals cmild 9x•2pphed Duc rt,
imufficirnt.uhctu►tra[#ttlktserliCerrustklt r uppmiutvttcs 'and/ur tnsuliielent aiailabLbty 4' NI,'VT;1' certified tirrII&SNIEW has Assigned nit
:ubrum Acting.}=teals for this 'u'licitat.Ion I Itmetcr• (lffcronx wltr,f lk—se• Eta use ',vbctrntraetura mutt rtimpls with rha t'ttt'� t1r�C Bp
Irnxtircrllrttt lrruynaat as tlrxrtbrtl brltayk. .Wdlurtnally.If Elie I-ofirracmr.c•eki Itt add Subrontractiws altet tilt(-trttrratt €a al-dud.the
13rok>rtrrl recltatri-mc-nts ctu3l al+pl�tr,are;i:ciner,€;rt(xl reEEulttts}�frtrnt th€c�;r,lsrnartr9n-
Enatxut:tit7rttt•
a.)[)f&r13t•:who do not Intend to use Subcontractors shall check du"NE I"hox and f,rllr,tt the comslat,nding in trucuem�
I7' )ftcrf"Who t intend to use Subrttarracttars s1u11 chick the apl•rllcalrlc"N F-S"h"',anal foftow the in,trumtrtts. Offere that du not include
the following required documents shall he deemed non-compliant err npruei la msive as applicable,ana the OfIeror's, brnissi un
may not be considered for award
NO,I DO NOT intend tit use SubctmtrAclt)Ya/Sub-.c:onsul[ ts.
Instruction®: t ltfeript5 that der nr.r ttttetul ter u�•>uherttttrattr,t,k1ta11 ctsrrlptrte and stFrt thk h,rm bile 4s
:iut�onEt�ettrtE;l4ubc-r�ertt:�ultirtl; -� ulxeitattaet=.r") 1'Etilyarltln I°r,rtnl'dfld Inciuilr u u'1rh E17e�tr.KrlcaE[rtEet-
❑YES,I DO intend to use Subcontractors/Sub-caa®afts als.
Ina€ructaat : t)itemrs that do to oul to u,�e Subcontrachir,t:lpali irptitltlrtr and atgrt This diatm Epp lieu ( uY►cnttCr2cnttg8+rth-
f:nnsultittg " ulatuntractur"1 l Cillzatltrn 1=t:1-fn),aeul Cc,11,rn the a=lrinttmal imrructu,rs,m flan , t,. nrrectutp84itlp f.rmaultlrtF,
-'Sulxonttattt el [ttduatton 1111m. Contatt'Al lilt iftht rc arc sria tsv� n is alum; sulrllvl r tc'e f=,Ern<"
�1$'crtrr lnfaatrnrariun
(A) verldtrr11)[:ede
Ph mcal.%Jdro'�
(.tt?.State ZIP
Phonr Numin-r F-m.ul.sddre�
Is the(fffta'nr []ti()
(:try <ti �t€,rttt xi-LC`iii�
eertifud ❑ 'EPS lrxtirata otli [ 1IISIa ❑Vt'131 ®11Rl.PVtlll:leant i'mrure•
Offeror Certification: I understand that erect Ihtwg;h S%i14R%fid not ar ign subctmtraet grsals to th�'w tlicitant=n,I will t`r tlttple withhe•t t ny'.xl x iil•-
PrrKrare`tnen, ProgcA€u if I intend to include Subcontra[tttr' in rn} f)llf- I further agree That this crrmpirte�d Su Coviva'ctirg/Seth-Con"tingt
Utilizatim Fauna,and If apphrtablt my crwnpic'te-d subconinct"ag/Sub-COtmuld"Utilization Platt,,it:tll hvrtrene a part ui Any t:ttntrtct I rnai
be awarded as tilt t'c-,%ult of this Solicitation. Further. it 1 ;ant awarded a (:t)ntract and I ant nt)T using tiutpsrtatraettrrlsj lath later Intend to add
Subcontractor(m,lxPf-re[Eta Subcontracrrrr#y) Is 4veJ or fat°jtn5 work,I will tumpls'urth the t.Itr•' lie"x�'1�1;l"mc rrt•€nc�nt llmg tt�n and sUbr ut the
Request For Change i4an to atld anv Subcttntrueotrs' to tits 1'rrtect lanalRr sir the t'tt mict Manager for prior autlattrir.€titan hs. the(an and
Iterform (iraod I'aitb Lfti�m fGH.•'_), it applicable. I utxia-tm4nd that, if a Subcrrntractor I, ntat lis"wd tit my Subcontractitag/Sub-Consulting
Utilization Phut,it t a isnlartnn ref Elie t;its''s"U;f1 Rl:prrtctlrc"unt Irromarn ttrr my to hire rhr L ubonomr•trar rir Air,% tht,subcx,mt reels Est twgm
work. ualtss I first crbtatrt [:tee apgsroxal t>t tns Request for Chang it form. 1 understand Ihat, if a tiulxrrnxractttr Is nix 1t,ted to the
Stthrotatractiug/SulrCunat king Utilization plan,it r-a tu,lutvm ref the t.ity's 9r ek"RI Procurcmicnr l'ruk-Tam fttr ate to lim,the Subeconmcu n
err allt,u Elie tiarLtrt,tttrartan eft his t€t urrrl: eerie: I brat ttbeairt t'Itt alpltrnial trf Ent tlnesC for Ch ttrritt
! �o.lyi.'fie�►c...... C�D _ ,� �
attic old-1 Ide(if luthonectl RLpftsertrativr faint of"i tpcj y t)ttaurrr}D4f''
Solicitation No_IFB MHJ0210 page
INTERLOCAL AGREEMENT TYR TACTICAL, LLC"
INTERLOCAL AGREWf M TACTICAL,LLC.
Page 28 of 64
Section 0905: SUBCONTRACTINGISUB-CONSULTING UTILIZATION PLAN
Solicitation No, IFB MHJ0210
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 29 of 64
MINORITY-AND WOMEN-OWNED BUSINESS ENTERPRISE(MBE/WBE)
PROCUREMENT PROGRAM
SubconU@cdng/Svh--Q=uIdN,("Subcontractor")Utilization Plan
SOLICITATION NUMB1,21: IFB MHJ0210
SOLICITATION TITLE Tactical Carrier Vests
INSCRUCTTONS: Offermrs who DO intend to use Subcontractors may utilize M/WBL Subcontractor(s) or perform Corrxi Faith effox-ts when
retaining Nan-certified Subcontractor(s). Offerors must determine which type of Subcontractor(s) they arc anticipating to use (CIEKtIFIErD OR
NON-CI RTIFIED),check the box of their applicable decision,and comply with the additional instructions associated with that particular selection.
❑ I intend to use City of Austin C ERT MED M/WBI;Subcontractor/Sub-consWtant(s).
Instructions: Offerors may use Subcontmctor(s)that ARE City of Austin certified M/WBL firms. Offerors shall contact SMBR(512-
974-7600 or SMI3RCompWnccllocuments@austkmxm.gov) to confirm if the Offeror's intended Subcontractor(s)are City of Austin
certified M/WBE and if these firm(s)are certified to provide the goods and services the Offeror intends to subcontract. If the Offeroes
Subcontractor(s)are current valid certified City of Austin M/WBE firms,the Offeax shall insert the name(s)of their Subcontractor(s)
into the table below and must include the following documents in their sealed Offer.
• Subcontracting/Sub-Consulting Utilization Form(completed and signed)
• SubcontraetinWSub-Consulting Utilization plan(completed)
❑ I intend to use NON-CERTIFIED Subcontractor/Sub-Consultant(s)after performing Good Faith Ef orm.
Instructions: Offerors may use Subcontractors that ARE NOT City of Austin certified N4/WBE firms ONLY after Offerors have first
demonstrated Gaud Faith F1ftnu to provide subcontracting opportunities to City of Austin M/WBE firms.
STEP ONE: Contact SMBR for an availability list for the scope(s)of work you wish to subcontract;
STEP TWO: Perform Good Faith Efforts(Check list provided below);
S 1'I P TI-IRF,E,:Offerors shall insert the name(s)of their ecrtified or Lion-certified Subcontractor(s)into the table below and must include
the following documents in their sealcof Offer:
• Subcontracting/Sub-Consulting Utilization Norm(completed and signed)
• Subccmtracting/Sub-Consulti%Utilization flan(completed)
• All required documentation demonstrating the Offeroes performance of Good Faith Efforts(see Check I ist below)
GOOD FAITH EFFORTS CHECK LIST—
When using NON-CF_RTEFIHD Subcontractor/Sub-consultants(s),ALL of the following CHECK BOXES MUST be completed
in order to meet and comply with the Good Faith Effort requirements and all documentation must be included in your sealed
Offer. Documentation CANNOT be added or changed after submission of the bid.
❑ Contact SMBR. Offerors shall contact SMBR(512-974-7600 or SNIBRC:omplianceDocumcntc ,�wpat"ug(-)yl to obtain a list
of City of Austin certified M/VVBE firms that are certified to provide the goods and services the Offerer intends to subcontract
out. (Availability List). Offerors shall document their contact(s) with SMBR in the"SMBR Contact Information' table on the
following page.
❑ Contact M/WBE firms. Offerors shall contact all of the M/WBE funs on the Availability List with a Significant Local Business
Presence which is the Austin Metropolitan Statistical Area,to provide information on the proposed goods and services proposed
to boo,subcontracted and give the Subcontractor the opportunity to respoand on their interest to bid on the proposed scope of work.
When niakuig the contacts,Offerors shall use at least two(2) of the following communication methods:email, fax, US mail or
phone. Offerors shall give the contacted M/WBI;firms at least seven days to respond with their interest Offerors shall document
all evidence of their contact(s)including.et-ails,fax confirmations,proof of avail delivery,and/or phone logs. These documents
shall show the date(s)of contact,company contacted,phone number,and contact person.
Solicitation No. IFB MHJ0210 Page 1 1
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 30 of 64
MINORITY-AND WOMEN-OWNED BUSINESS ENTERPRISE(MBE/WBE)
PROCUREMENT PROGRAM
Suhcontractrnp/Sub-Con$111ting("Subcontractor")Utilization Plan
SOUCrFATION NUMBER: l l-B MIIJ0210
SOLR11TATION TiTIY,• Tactical Carrier Vests
❑ Follow up with responding M/WBE Roars. Offcror shall follow up with all M/WBEE.firms that respond to the Offeroes request_
Offerors shall providc written t-vidence of their ctnract(s):emads,fax confirmations,proof of trail delivery,and/or phone logs.
"These documents shall show the date(s)of contact,company contacted,phone number,and contact person.
❑ Advertise.Offerors shall place an advertisement of the subcontracting opportunity in a iota!publication(iic.newspaper,minority
or women(XRanizations,or electr(Aic/social media). Offerors shall include a copy of their advertisement,including the name of
the local publication and the date the advertisement was published.
❑ Use a Community Organization. Offerors shall solit'st the services of a community organization(s);minority persons/women
contractors'/trade group(s);local,state,and frderul minority perw)ns/women busincss assistance offtce(s);and other organisations
to help solicit M/WBE firms.Offerors shall provide written evidence of their Proof of contact(s)include:eYnails,fax confirmations,
proof of snail delivery,and/or phone logs. These documents shall show the date(s) of contact, mp imtion contacted, phone
number,cxmmaii address and contact parson.
Solicitation No. IFB MHJ0210 Page 1 2
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 31 of 64
MINORITY-AND WOMEN-OWNED BUSINESS ENTERPRISE(MBE/WBE)
PROCUREMENT PROGRAM
Subcontracting/Sub-Consuff"CSubcontmctoe)Utilization flan
SOLICITA110N NUMBER: WB WIJM U
SOLICITATION TTTIX--. Tactical Carrier Vests
(Offerors may duplicate this pige to add rdditiond Subrontract vrs as needed)
Subcontract or/Sub-consultant
City of.Austin s;irrihcd ❑ hlkl', \CBF tithnic/gender(:1-plc l)
Vendor ID Code
Contact Person Phone\timl t:
Additional Contact Info Fax Number: E-mail:
Amount of Subcontract $
List commodity codes&
description n of services
justification for not uriliring a
certified MBE/WBE
City of Austin Certified 0 MBE: 0 WBE Ethnic/Gender Code: 0 NON-CF.RTIPffFD
VendortD Code
Contact Petxon Phone Number
Additional Contact Info flax Number: E-mail:
Amount of Subcontract S
List commodity codes&
description of services
,justification for not udlirinR a
certified MBE's/W13fs
SMBR Contact Inhumation
SMER Contact Name Contact Date Means of Contact Reason for Contact
Phone
OR
❑Etnsd
FOR SMALL AND MINORITY BUSINESS RESOURCES DEPARTMENT USE ONLY:
Ilaving reviewed this plan, I acknowledge that the Offeror ❑ HAS or ❑ HAS NOT complied with these
instructions and City Code Chapters 2-9A/B/C/D,as amended.
Reviewing Counselor Date
I have reviewed the completing the Subcontracting/:Sub-Consultant Utilization Plan and ❑ Concur ❑ Do Nut
Concur with the Reviewing Counselor's recommendation.
Director/Assistant Director or Designee Date
Solicitation No. IFB MHJ0210 Page 13
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 32 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
The following Supplemental Purchasing Provisions apply to this solicitation:
1. EXPLANATIONS OR CLARIFICATIONS: (reference paragraph 5 in Section 0200)
All requests for explanations or clarifications must be submitted to Marty James,
Marty James(cDaustintexas cloy five (5) business days prior to the Solicitation due date.
2. ALTERNATE OFFERS: (reference paragraph 7A in Section 0200)
Alternate Offers will be considered
3. INSURANCE: Insurance is required for this solicitation.
A. General Requirements: See Section 0300, Standard Purchase Terms and Conditions, paragraph 32,
entitled Insurance, for general insurance requirements.
i The Contractor shall provide a Certificate of Insurance as verification of coverages required
below to the City at the below address prior to contract execution and within 14 calendar days
after written request from the City. Failure to provide the required Certificate of Insurance may
subject the Offer to disqualification from consideration for award
ii. The Contractor shall not commence work until the required insurance is obtained and until such
insurance has been reviewed by the City Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractor.
iii. The Contractor must also forward a Certificate of Insurance to the City whenever a previously
identified policy period has expired. or an extension option or holdover period is exercised. as
verification of continuing coverage.
iv. The Certificate of Insurance, and updates, shall be mailed to the following address:
City of Austin Purchasing Office
P. O. Box 1088
Austin, Texas 78767
B. Specific Coverage Requirements: The Contractor shall at a minimum carry insurance in the types
and amounts indicated below for the duration of the Contract, Including extension options and hold
over periods, and during any warranty period. These insurance coverages are required minimums and
are not intended to limit the responsibility or liability of the Contractor.
i. Worker's Compensation and Employers' Liability Insurance: Coverage shall be consistent
with statutory benefits outlined in the Texas Worker's Compensation Act (Section 401). The
minimum policy limits for Employer's Liability are $100,000 bodily injury each accident,
$500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each
employee
(1) The Contractor's policy shall apply to the State of Texas and include these endorsements
in favor of the City of Austin:
(a) Waiver of Subrogation, Form WC420304, or equivalent coverage
(b) Thirty(30) days Notice of Cancellation, Form WC420601, or equivalent coverage
ii Commercial General Liability Insurance: The minimum bodily injury and property damage per
occurrence are $500,000 for coverages A (Bodily Injury and Property Damage) and B (Personal
and Advertising Injury).
(1) The policy shall contain the following provisions.
(a) Contractual liability coverage for liability assumed under the Contract and all other
Contracts related to the project.
(b) Contractor/Subcontracted work.
Section 0400 Supplemental Provisions 1 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 33 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
(c) Products/Completed Operations Liability for the duration of the warranty period.
(d) if the project involves digging or drilling provisions must be included that provide
Explosion, Collapse, and/or Underground Coverage.
(2) The policy shall also include these endorsements in favor of the City of Austin:
(a) Waiver of Subrogation, Endorsement CG 2404, or equivalent coverage
(b) Thirty (30) days Notice of Cancellation, Endorsement CG 0205, or equivalent
coverage
(c) The City of Austin listed as an additional insured, Endorsement CG 2010, or
equivalent coverage
iii. Business Automobile Liability Insurance: The Contractor shall provide coverage for all
owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per
occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000
bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property
damage liability per accident.
(1) The policy shall include these endorsements in favor of the City of Austin.
(a) Waiver of Subrogation. Endorsement CA0444, or equivalent coverage
(b) Thirty (30) days Notice of Cancellation, Endorsement CA0244, or equivalent
coverage
(c) The City of Austin listed as an additional insured, Endorsement CA2048, or
equivalent coverage
C. Endorsements: The specific insurance coverage endorsements specified above, or their equivalents
must be provided. In the event that endorsements, which are the equivalent of the required coverage.
are proposed to be substituted for the required coverage, copies of the equivalent endorsements must
be provided for the City's review and approval.
Note If dOivery is made by common carrier, then no insurance is required
4 TERM OF CONTRACT:
A The Contract shall be in effect for an initial term of 24 months and may be extended thereafter for up
to 3 additional 12 month periods, subject to the approval of the Contractor and the City Purchasing
Officer or his designee
B. Upon expiration of the contract, the Contractor agrees to hold over under the terms and conditions of
this agreement for such a period of time as is reasonably necessary to re-solicit and/or complete the
project(not to exceed 120 days unless mutually agreed on in writing).
C. Upon written notice to the Contractor from the City's Purchasing Officer or his designee and
acceptance of the Contractor, the term of this contract shall be extended on the same terms and
conditions for an additional period as indicated in paragraph A above.
D. Prices are firm and fixed for the first 12 months. Thereafter, price changes are subject to the
Economic Price Adjustment provisions of this Contract.
5. QUANTITIES: The quantities listed herein are estimates for the first year of the Contract. The City reserves
the right to purchase more or less of these quantities as may be required during the Contract term.
Quantities will be as needed and specified by the City for each order Unless specified in the solicitation,
there are no minimum order quantities.
Section 0400 Supplemental Provisions 2 of 10
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Page 34 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL_ PURCHASE PROVISIONS
6 DELIVERY REQUIREMENTS:
Location:
Austin Police Department
Headquarters— Property Management
715 E. 81" Street
Austin, TX 78701-3397
A. Delivery is to be made within 10 calendar days after the order is placed (either vernally or in writing),
All orders must be shipped complete unless arrangements for partial shipments are made in advance_
B. The Contractor shall provide, with each delivery, a Shipping or Delivery Ticket showing the description
of each item, quantity, and unit price.
C. The Contractor shall confirm the quantity to be shipped on all orders within two (2) hours of notification
by phone from the City.
D. Unless requested by the City, deliveries shall not be made on City-recognized legal holidays (see
paragraph 51 in Section 0300).
7. INVOICES and PAYMENT: (reference paragraphs 12 and 13 in Section 0300)
A. Invoices shall contain a unique invoice number and the information required in Section 0300.
paragraph 12, entitled "Invoices." Invoices received without all required information cannot be
processed and will be returned to the vendor.
B.
Invoices shall be mailed or emailed to the below address.-
City of Austin
Department Austin Police Department
Attn: Financial Management
Address P.O. BOX 1629
City, State Zip Code Austin, TX 78767-1629
Email APDAccountsPayabie@austintexas.gov
C. The Contractor agrees to accept payment by either credit card, check or Electronic Funds Transfer
(EFT) for all goods and/or services provided under the Contract. The Contractor shall factor the cost
of processing credit card payments into the Offer. There shall be no additional charges, surcharges,
or penalties to the City for payments made by credit card.
Section 0400 Supplemental Provisions 3 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 35 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
8 SAMPLES—EXACT REPLICA:
A. If bidding an alternative product, the Offeror shall submit an exact replica of the goods to be provided
per specification upon request from the City. This sample shall be provided within five (5) working
days after request by the City.
B. Send samples to the City at the following address.-
City of Austin
Department Austin Police Department
Address 715 E. 811 Street
City, State Zip Code Austin, TX 78701
Attn: Albert Banda
C. All products provided to the City under this solicitation will be evaluated or tested and must meet all
requirements of the specification, regardless of whether or not all requirements are to be evaluated or
tested.
D. Samples will be provided at no cost to the City, will be retained by the City, and may be used for use in
assuring compliance with materials specifications after award Failure to supply samples when
requested shall subject the Offer to disqualification from consideration for award.
9. RESTOCKING FEES:
A The Contractor may bill the City restocking fees (if included in their Offer) for parts that are ordered by
the City under the contract and returned for refund. The Contractor is not obligated to accept for
refund any part that is not resalable and/or not in the same condition as when purchased
B. Restocking fees may be charged to the City when multiple parts or groups of parts are returned for
refund at one time due to the City inventory warehouse cleaning, unless these parts are returned at an
annual pre-arranged date. The date for the annual return shall be mutually agreed upon between the
City and the Contractor.
10 PUBLISHED PRICE LISTS:
A. Offerors may quote using published price lists in the following ways:
i Offerors may quote one discount from a Published Price List for all offered items to be covered
in the Contract. The discount must remain firm during the life of the Contract.
ii. Offerors may quote their dealer cost, plus a percentage markup to be added to the cost. The
percentage markup must remain firm during the life of the contract.
B Two (2) copies of the list upon which the discounts or markups are based shall be submitted with the
Offer. All price lists identified in the Offer shall clearly include the Offeror's name and address, the
solicitation number, prices. title of the discount and number, and the latest effective date of the price
list. If the Offer is based on a discount or markup on a manufacturer's price list, the price list must also
include the manufacturer's name, the manufacturer's latest effective date, and the manufacturer's
price schedule. All price lists submitted become part of the Offer.
C. The price list may be superseded or replaced during the Contract term only if price revisions are the
result of the manufacturer's official price list revision Written notification from the Contractor of price
changes, along with two (2) copies of the revised list must be submitted to the Buyer in the Purchasing
Section 0400 Supplemental Provisions 4 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 36 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
Office with the effective date of change to be at least 30 calendar days (30 unless a different period is
inserted) after written notification The City reserves the right to refuse any list revision.
D. The discounts or markups on equipment rental, material, supplies, parts, and contract services shall
be fixed throughout the term of the Contract, and are not subject to increase..
E. Failure to submit written notification of price list revisions will result in the rejection of new prices being
invoiced. The City will only pay invoices according to the last approved price list.
11. WORKPLACE CONDITIONS CODE ("CODE"),:
A The Austin City Council adopted Ordinance No. 20070621-152 on June 21, 2007, enacting the
Workplace Conditions Code. The policy defined in this code applies to the procurement and
laundering of apparel in City contracts exceeding $5,000. Procurement includes contracts, purchases,
rentals, leases, or allowances and voucher programs. Apparel refers to all garments or items of
clothing any part of which is a textile produced by weaving, knitting or feltingt and all shoes and other
footwear as well as corresponding accessories.
B. In this code-
i. Contract means an agreement to procure equipment, goods, materials or supplies for an
amount exceeding $5,000 to be purchased or provided at the expense of the City, and shall be
construed to incorporate the definition of Contract in the City Standard Purchase Definitions.
ii. Vendor means a person, partnership, corporation, or other entity that has a current procurement
relationship, that is entering into a Contract with the City for the performance of all or some of
the work included in the scope of services for the City, or is submitting an Offer to provide
products or services to the City.
iii. Worker means:
(1) any employee of a Vendor who contributes to the provisions of goods to the City under a
contract. including but not limited to any manufacturing or assembling of goods,
(2) any individual who may be required or directed by any employers, in consideration of
direct or indirect gain or profit, to engage in any employment, or to go to work or be at any
time in any place of employment; and
(3) includes individuals whose work is permanent or temporary, on a full-time or part-time
basis, as a contractor or payroll employee.
C. Prohibition of Sweatshop Conditions: A vendor who engages in or submits Offers for City
contracts shall comply with the requirements in each subsection and may not supply goods or
services to fulfill a City Contract except as provided below. These requirements shall be known as the
Workplace Conditions Code.
D Compliance_ with All Laws: A Vendor shall comply with all federal, state, and local laws and
workplace regulations, including those regarding benefits, workplace health and environmental safety,
freedom of association, and the fundamental conventions of the International Labor Organization,
including those regarding forced and child labor and freedom of association.
E. Harassment and Abuse: A Vendor shad not engage in behavior that harasses or abuses a worker in
a physical, sexual, psychological, or verbal manner. Nor shall a Vendor use corporal punishment in its
employment practices
F. Discrimination: A Vendor shall not engage in discriminatory employment practices. as defined in
Title 5 of the City Code, on the basis of gender, race, religion, age, disability, sexual orientation.
nationality, political opinion, or social or ethnic origin in hiring, salary, benefits, advancement.
disciplinary action, termination, or retirement. A Vendor shall not require pregnancy tests as a
Section 0400 Supplemental Provisions 5 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 37 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
condition of employment nor demand pregnancy tests of employees. Women workers shall receive
equal treatment and remuneration, including pay, benefits, and the opportunity to fill a position that is
open to a male worker
G. Exposure to Toxins: A Vendor shall not expose a worker to toxic chemicals that may endanger a
worker's health. A Vendor shall take appropriate measures to safeguard workers when any aspect of
work requires exposure to any toxic chemical. If a federal, state, or local occupational safety or health
law or regulation applies to the workplace condition, compliance with such a law or regulation is not a
violation of this subsection.
H. Wages: A Vendor shall pay wages that comply with the Living Wages Provision contained in this
Solicitation
I Wage and Hour Records: Vendors shall maintain verifiable wage and hour records for each
production worker, employee or independent contractor.
3, Working Hours: A vendor shall not require hourly and quota-based employees to work more than 48
hours per week or the limits on regular hours allowed by the law of the country of manufacture,
whichever is lower. In addition, Vendors shall provide a worker with days off, as provided by
applicable labor law.
K. Overtime Compensation: A vendor shall not require a worker to work overtime hours unless the
worker is paid at a rate of at least one-and-one-half their regular hourly compensation rate as
provided by the federal Fair Labor Standards Act.
L. Termination: A vendor shall provide for a mediation or grievance process to resolve workplace
disputes if required by federal law.
M. Closure to Avoid Compliance: A vendor may not close or reduce orders for a production facility,
i. as a punitive measure against workers for exercising their right to freedom of association: or
ii. to avoid its responsibility to take corrective action after there has been a determination that
there was a violation of the Workplace Conditions Code.
N. Vendor Recordkeeping Requirements:
i. Each City contract shall include the contractor's agreement to comply with the requirements of
this Code and shall incorporate this Code by reference.
li. For every Offer or Contract for production of goods or provision of services covered by this
policy, each Offeror or Contractor shall submit to the City the following
(1) An affidavit setting forth the following information (see the Workplace Conditions
Affidavit included in the Solicitation):
(a) The country of production and names, physical addresses and phone numbers of
each facility involved in the production of goods or provision of services covered by
this policy, which shall be updated to show any changes in Subcontractors or
facilities during the term of the Contract', and
(b) An initial copy of each facility's standard payroll records, including the minimum
base hourly wage of non-supervisory production employees, percent of wage level
paid as health benefit, other benefits, regular deductions from paychecks, normal
working hours per day and week, actual working hours per day and week, and
overtime policy if any.
(2) An agreement in which the Contractor commits to the following:
(a) That the Contractor and each proposed supplier or Subcontractor will adhere to the
Workplace Conditions Code,
Section 0400 Supplemental Provisions 6 of 10
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CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
(b) That a copy of this Code has been furnished to each of the Contractor's suppliers
or Subcontractors: and
(c) That the Contractor has required each supplier to post a copy of this Code,
including a procedure for filing complaints, in a location that is visible, obvious, and
accessible in the workplace and translated into the each worker's first language;
and
(3) A description of any claims or legal actions related to discrimination or worker wages,
hours, or working conditions filed against the Contractor in any local, state, or federal
administrative agency or court in the preceding five years; and
(4) Any other information deemed necessary by the City for the administration and
enforcement of this policy.
iii. Each Contractor shall retain the documents described in Subsection (N) for a period of three (3)
years after the date that the City contract is terminated.
iv. Each Contractor shall maintain regular payroll records and make such records available to the
City or its agents upon the City's request. If the City makes a request under this subsection for
the Contractor's payroll records, the Contractor shall also produce the payroll records of its
Subcontractors or suppliers to the City or its agents. The City may make such a request directly
to a Subcontractor who shall be required to submit such records directly to the City or its agents
on request. If requested by the City or its agents, all payroll records shall be accompanied by a
statement signed by the Contractor, stating that the records are complete and accurate.
V. During each year of the term of a Contract, the City or its agents may request a written
assurance from the Contractor and each of its Subcontractors that the Contractor and its
Subcontractors and suppliers are in compliance with this Code. The Contractor shall provide the
written assurance within the time period specified by the City or its agents, which shall not be
less than fourteen (14) calendar days from the receipt of the request. A written assurance
containing false or inaccurate information constitutes a breach of Contract.
vi. All records required to be maintained by this Code shall at all times be open to inspection and
examination of the duly authorized officers and agents of the City.
O. Compliance; Verification: Each Contractor shall cooperate fully with an investigation by the City or
its agents An investigation may include random site inspections of any worksite on which all or a
portion of the Contract is performed, access to workers to discuss compliance with this Code. and
access to any record required to be maintained by this Code.
P. Enforcement; Penalties:
Complaints: Any person may complain of a violation of this Code. The City, including its agent
designated for this purpose, shall receive and investigate complaints.
ii. Requests for Information: Upon receiving a complaint alleging noncompliance with this Code,
the City shall contact the Contractor in a timely manner, by certified letter, that the Contractor or
its Subcontractor is the subject of the complaint. The City shall describe the alleged violation
and the requirements for responding to the notice. The Contractor must respond in a timely
manner with evidence that the violation did not occur. or if it did, a detailed plan for corrective
action
iii. Access to Production and Distribution Facilities: For administration and enforcement
purposes, a City Contractor shall provide the City with immediate access to a facility or
operation that is the subject of a complaint in order to inspect the facility or its operations and
records, or to interview workers.
IV. Independent Audit: If the City is unable to verify compliance, it may require an independent
audit at the expense of the Contractor, followed by a public report verifying either that the
violation did not occur, or in the event that a violation did occur. that corrective action has or has
not been effective.
V. Remediation: On a finding that a violation of this Code has occurred at a Contractor's
production facility, the City and the Contractor shall meet to consult to develop to a remediation
Section 0400 Supplemental Provisions 7 of 10
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CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
plan, of which the City shall have right of approval as set forth in the City's Standard Purchase
Terms and Conditions. Corrective action shall include all steps necessary to correct the
violations. including:
(1) providing prompt notice to workers in the first language of each worker of the remediation
plan and the prescribed corrective actions;
(2) paying back wages to workers who worked to manufacture products or services supplied
to the City; or
(3) re-instating a worker who has been dismissed in violation of the law.
vi. Training On Workplace Conditions: At a facility or operation of a Contractor determined to be
in violation of this Code, the Contractor shall provide workplace rights training for workers and
best practices training for supervisory and management staff. The Contractor shall bear the
expense of the training. Upon the City's request, the Contractor shall submit its training
materials to the City for its review and approval before distribution to supervisors, managers,
and employees.
vii. Summary of Corrective Actions: The City may require that a Contractor provide a written
summary of the steps taken to remedy noncompliance with this code. The summary may
include any difficulties encountered in attempting to correct noncompliance. The Contractor
shall provide the written summary within the time period specified by the City.
viii. Sanctions: The City may impose sanctions if a Contractor knowingly provides misinformation
or falsified information to the City or if a Contractor refuses to remedy a violation of this Code in
a timely manner. Sanctions may include termination of the Contract for cause due to breach of
contract, termination of a Contract without notice, financial penalties, debarment from eligibility
to submit Offers on City Contracts, or suspending the Contractor's ability to submit Offers on
City Contracts for a period to be determined by the City Manager.
ix. Debarment and Suspension: In the event that a Contractor is debarred, the City Purchasing
Officer will remove the Contractor from the City's Vendor List. In the event of suspension, the
Purchasing Officer will remove the Contractor from the list for the period specified in the non-
compliance sanction.
X. Protest: A Contractor may protest findings, sanctions, penalties, suspension or debarment
under this Code as prescribed in the City's Solicitation (see Protest Procedures in Section 0200
of the Solicitation).
12. NON-COLLUSION, NON-CONFLICT OF INTEREST, AND ANTI-LOBBYING:
A. On November 10, 2011, the Austin City Council adopted Ordinance No. 201 1 1 1 1 0-052 amending
Chapter 2 7, Article 6 of the City Code relating to Anti-Lobbying and Procurement. The policy defined
in this Code applies to Solicitations for goods and/or services requiring City Council approval under
City Charter Article VI1, Section 15 (Purchase Procedures). During the No-Contact Period. Offerors or
potential Offerors are prohibited from making a representation to anyone other than the Authorized
Contact Person in the Solicitation as the contact for questions and comments regarding the
Solicitation.
B. If during the No-Contact Period an Offeror makes a representation to anyone other than the
Authorized Contact Person for the Solicitation, the Offeror's Offer is disqualified from further
consideration except as permitted in the Ordinance.
C. If an Offeror has been disqualified under this article more than two times in a sixty (60) month period,
the Purchasing Officer shall debar the Offeror from doing business with the City for a period not to
exceed three (3) years, provided the Offeror is given written notice and a hearing in advance of the
debarment.
D. The City requires Offerors submitting Offers on this Solicitation to certify that the Offeror has not in
any way directly or indirectly made representations to anyone other than the Authorized Contact
Section 0400 Supplemental Provisions 8 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 40 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
Person during the No-Contact Period as defined in the Ordinance. The text of the City Ordinance is
posted on the Internet at: htt :I/www.Ci.austin.tx.us/edims/document cfn7?:d=161145
13. ECONOMIC PRICE ADJUSTMENT:
A. Price Adiustments: Prices shown in this Contract shall remain firm for the first 12 months of the
Contract. After that, in recognition of the potential for fluctuation of the Contractor's cost. a price
adjustment (increase or decrease) may be requested by either the City or the Contractor on the
anniversary date of the Contract or as may otherwise be specified herein. The percentage change
between the contract price and the requested price shall not exceed the percentage change between
the specified index in effect on the date the solicitation closed and the most recent, non-preliminary
data at the time the price adjustment is requested. The requested price adjustment shall not exceed 5
percent (5%) for any single line item and in no event shall the total amount of the contract be
automatically adjusted as a result of the change in one or more line items made pursuant to this
provision. Prices for products or services unaffected by verifiable cost trends shall not be subject to
adjustment.
B. Effective Date: Approved price adjustments will go into effect on the first day of the upcoming
renewal period or anniversary date of contract award and remain in effect until contract expiration
unless changed by subsequent amendment.
C. Adlustments: A request for price adjustment must be made in writing and submitted to the other
Party prior to the yearly anniversary date of the Contract; adjustments may only be considered at that
time unless otherwise specified herein. Requested adjustments must be solely for the purpose of
accommodating changes in the Contractors direct costs. Contractor shall provide an updated price
listing once agreed to adjustment(s) have been approved by the parties.
D. Indexes: In most cases an index from the Bureau of Labor Standards (BLS) will be utilized; however,
if there is more appropriate, industry recognized standard then that index may be selected.
i. The following definitions apply:
(1) Base Period: Month and year of the original contracted price (the solicitation close date).
(2) Base Price: Initial price quoted, proposed and/or contracted per unit of measure.
(3) Adjusted Price: Base Price after it has been adjusted in accordance with the applicable
index change and instructions provided
(4) Change Factor: The multiplier utilized to adjust the Base Price to the Adjusted Price.
(5) Weight %: The percent of the Base Price subject to adjustment based on an index
change.
ii Adjustment-Request Review: Each adjustment-request received will be reviewed and compared
to changes in the index(es) identified below Where applicable.
(1) Utilize final Compilation data instead of Preliminary data
(2) 1f the referenced index is no longer available shift up to the next higher category index.
iii. Index Identification: Complete table as they may apply.
Weight%or$of Base Price: 100%
Database Name: Producer Price Index-Commodities
Series lD: pcu3391 1 33391 1 36
® Not Seasonally Adjusted ❑ Seasonally Adjusted
Geographical Area: United States
Description of Series ID: Personal industrial and nonindustrial safety equipment and clothing
This Index shall apply to the following items of the Bid Sheet/Cost Proposal: All
Section 0400 Supplemental Provisions 9 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 41 of 64
CITY OF AUSTIN
PURCHASING OFFICE
SUPPLEMENTAL PURCHASE PROVISIONS
E Calculation: Price adjustment will be calculated as follows:
Single Index: Adjust the Base Price by the same factor calculated for the index change.
Index at time of calculation
Divided by index on solicitation close date
Equals Change Factor
Multiplied by the Base Rate
Equals the Adjusted Price
F If the requested adjustment is not supported by the referenced index, the City, at its sole
discretion, may consider approving an adjustment on fully documented market increases
14. INTERLOCAL PURCHASING AGREEMENTS: (applicable to competitively procured goods/services
contracts).
A. The City has entered into interlocal Purchasing Agreements with other governmental entities,
pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The
Contractor agrees to offer the same prices and terms and conditions to other eligible governmental
agencies that have an interlocal agreement with the City.
B. The City does not accept any responsibility or liability for the purchases by other governmental
agencies through an interlocal cooperative agreement
15 CONTRACT MANAGER: The following person is designated as Contract Manager, and will act as the
contact point between the City and the Contractor during the term of the Contract
Alberto Banda
512-974-5273
Alberto.Banda@austintexas.gov
'Note: The above listed Contract Manager is not the authorized Contact Person for purposes of the NON-
COLLUSION NON-CONFLICT OF INTEREST AND ANTI-LOBBYING Provision of this Section: and
therefore, contact with the Contract Manager is prohibited during the no contact period.
Section 0400 Supplemental Provisions 10 of 10
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 42 of 64
TYR Tactical®
Revolutionary Tactical Equipment for the Next Generation Warrior—
TYR
TACTICAL'
August 29,2017
City of Austin, Texas
Purchasing Office
Municipal Building
124 W 8"' Street
Room 308
Austin, TX 78701
Attn: Marty James
Re: Vendor Recordkeeping Agreement, Workplace Conditions
Dear Marty James,
Please accept this letter as agreement in which TYR Tactical agrees to commit to the following:
(a) That the Contractor and each proposed supplier or Subcontractor will adhere to the
Workplace Conditions Code
b) That a copy of this Code will be furnished to each of the Contractor's suppliers or
Subcontractors when applicable: and
(c) That the Contractor has required each supplier to post a copy of this Code, including a
procedure for filing complaints, in a location that is visible, obvious, and accessible in the
workplace and translated into the each worker's first language.
TYR Tactical does not have any claims or legal actions related to discrimination or worker
wages, hours or working conditions filed against TYR Tactical in any local, state or federal
administrative agency or court in the preceding five years.
Sincerely,
C)"�
Jane Beck
CCO
INNOVATE OR DIE'
TYR Tactical®, 16661 N.84th Ave.#110, Peoria,AZ 85382 Phone:623-240-1400 FAX: 1-623-240-1428
WWW.TYRTACTICAL.COM
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 43 of 63
TYR Tactical®
Revolutionary Tactical Equipment for the Next Generation Warrior-
TY1
TACTI CAL'
August 29,2017
City of Austin, Texas
Purchasing Office
Municipal Building
124 W 8`h Street
Room 308
Austin, TX 78701
Attn: Marty James
Re: Non-Collusion, Non-Conflict of Interest, and Anti-Lobbying
Dear Marty James,
Please accept this letter as written attestation and certification that TYR Tactical, LLC has not
directly or indirectly made representations to anyone other than the Authorized Contact Person
during the No-Contact Period as defined in the Ordinance No. 201 1 1 1 10-052.
Sincerely,
Jane Beck
CCO
INNOVATE OR DIE'
TYR Tactical®, 16661 N.84th Ave.#110, Peoria,AZ 85382 Phone: 623-240-1400 FAX: 1-623-240-1428
WWW.TYRTACTICAL.COM
INTE14LOCAL AGREEMENT TYR TACTICAL,LLC.
Page 44 of 63
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the
following terms and conditions. Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall
apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase
Services to be performed principally at the City's premises or on public rights-of-way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all Deliverables described in the
Solicitation and in the Contractor's Offer in strict accordance with the terms,covenants, and conditions of the Contract
and all applicable Federal, State, and local laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the
date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance
with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES:The Contractor will package Deliverables in accordance with good
commercial practice and shall include a packing list showing the description of each item, the quantity and unit price
Unless otherwise provided in the Specifications or Supplemental Terms and Conditions,each shipping container shall
be clearly and permanently marked as follows: (a)The Contractor's name and address, (b)the City's name, address
and purchase order or purchase release number and the price 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 list.
The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation
costs and to conform with requirements of common carriers and any applicable specifications. The City's count or
weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the Deliverables under
reservation and no tender of a bill of lading will operate as a tender of Deliverables.
5. TITLE&RISK OF LOSS: Title to and risk of loss of the Deliverables shall pass to the City only when the City actually
receives and accepts the Deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery
unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the
Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to
designate what method of transportation shall be used to ship the Deliverables.The place of delivery shall be that set
forth in the block of the purchase order or purchase release entitled "Receiving Agency".
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not
limited to the Uniform Commercial Code, to inspect the Deliverables at delivery before accepting them, and to reject
defective or non-conforming Deliverables. If the City has the right to inspect the Contractor's, or the Contractor's
Subcontractor's, facilities, or the Deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the
Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Deliverables must fully comply with all
provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a
breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for
performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a
conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK:The City shall provide the Contractor access to the sites where the Contractor
is to perform the services as required in order for the Contractor to perform the services in a timely and efficient
manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor
acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the
location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way affect
performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City
Section 0300, Standard Purchase Terms&Conditions 1 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 45 of 64
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions
differ from expected conditions.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers,skilled in the performance of the services which
they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in
participating or responding to a solicitation or while in the course and scope of delivering goods or services under
a City of Austin contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as
required by the terms of the contract;or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may
such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or
disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has
possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove
such worker from Contract services, and may not employ such worker again on Contract services without the
City's prior written consent.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, its
Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health,
safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but
not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In
case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City
harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind
arising from the breach of the Contractor's obligations under this paragraph.
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after
each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for
each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number
and the master agreement number if applicable, the Department's Name, and the name of the point of
contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed
separately.A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice.
The Contractor's name and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely
on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and Deliverables order number
clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by
work order number. Time billed for labor shall be limited to hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and
other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City
will furnish a tax exemption certificate upon request.
Section 0300, Standard Purchase Terms&Conditions 2 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 46 of 64
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
13. PAYMENT:
A. All proper invoices received by the City will be paid within thirty (30) calendar days of the City's receipt of the
Deliverables or of the invoice, whichever is later.
B. If payment is not timely made,(per paragraph A), interest shall accrue on the unpaid balance at the lesser
of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if
payment is not timely made for a reason for which the City may withhold payment hereunder, interest
shall not accrue until ten (10) calendar days after the grounds for withholding payment have been
resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment
or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to
such extent as may be necessary on account of:
i. delivery of defective or non-conforming Deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is required to provide,
are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered
by insurance required to be provided by the Contractor;
V. reasonable evidence that the Contractor's obligations will not be completed within the time specified in
the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages
for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with all required attachments and supporting
documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract Documents.
E. Notice is hereby given of Article Vill, Section 1 of the Austin City Charter which prohibits the payment of any
money to any person, firm or corporation who is in arrears to the City for taxes, and of§2-8-3 of the Austin City
Code concerning the right of the City to offset indebtedness owed the City.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic
transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to
the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment
obligations are payable only and solely from funds Appropriated and available for this contract.The absence of
Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not
Appropriated or available and any Deliverables delivered but unpaid shall be returned to the Contractor. The
City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for
any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of non or inadequate
appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract for which
reimbursement may be claimed by the Contractor under the terms of the Solicitation will be reviewed against the
City's Travel Policy as published and maintained by the City's Controller's Office and the Current United States
General Services Administration Domestic Per Diem Rates(the"Rates")as published and maintained on the Internet
at:
http://www.gsa.gov/portal/category/21287
Section 0300, Standard Purchase Terms&Conditions 3 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 47 of 64
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
No amounts in excess of the Travel Policy or Rates shall be paid. All invoices must be accompanied by copies of
detailed itemized receipts (e.g. hotel bills, airline tickets). No reimbursement will be made for expenses not actually
incurred. Airline fares in excess of coach or economy will not be reimbursed. Mileage charges may not exceed the
amount permitted as a deduction in any year under the Internal Revenue Code or Regulations.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If an MBE/WBE Program Compliance Plan is required by the Solicitation, and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to
the Project manager or Contract manager no later than the 15th calendar day after completion of all work under
the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the
requirements of the Compliance Plan as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1)which have been previously
asserted in writing and not yet settled, (2)arising from defective work appearing after final inspection, (3)
arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified
herein, (4)arising from the Contractor's continuing obligations under the Contract,including but not limited
to indemnity and warranty obligations, or(5)arising under the City's right to audit; and
ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing
and not yet settled.
16. SPECIAL TOOLS &TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or
special test equipment fabricated or required by the Contractor for the purpose of filling this order,such special tooling
equipment and any process sheets related thereto shall become the property of the City and shall be identified by the
Contractor as such.
17. AUDITS and RECORDS:
A. The Contractor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and the right to audit, examine, or reproduce, any and all
records of the Contractor related to the performance under this Contract. The Contractor shall retain all such
records for a period of three(3)years after final payment on this Contract or until all audit and litigation matters
that the City has brought to the attention of the Contractor are resolved, whichever is longer. The Contractor
agrees to refund to the City any overpayments disclosed by any such audit.
B. Records Retention:
i. Contractor is subject to City Code chapter 2-11 (Records Management), and as it may subsequently
be amended. For purposes of this subsection, a Record means all books, accounts, reports, files, and
other data recorded or created by a Contractor in fulfillment of the Contract whether in digital or physical
format, except a record specifically relating to the Contractor's internal administration.
ii. All Records are the property of the City.The Contractor may not dispose of or destroy a Record without
City authorization and shall deliver the Records, in all requested formats and media, along with all
finding aids and metadata, to the City at no cost when requested by the City
iii. The Contractor shall retain all Records for a period of three(3)years after final payment on this Contract
or until all audit and litigation matters that the City has brought to the attention of the Contractor are
resolved, whichever is longer.
C. The Contractor shall include sections A and B above in all subcontractor agreements entered into in connection
with this Contract.
Section 0300, Standard Purchase Terms&Conditions 4 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
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CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in an MBE/WBE Program Compliance Plan or a No Goals Utilization
Plan the Contractor shall comply with the provisions of Chapters 2-9A, 2-913, 2-9C, and 2-9D, as applicable, of
the Austin City Code and the terms of the Compliance Plan or Utilization Plan as approved by the City (the
"Plan"). The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan.
The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing in accordance with the provisions of Chapters 2-9A, 2-913, 2-9C and 2-9D, as
applicable. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies
of the City with respect to defective Deliverables provided by a Subcontractor. If a Plan has been approved,the
Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the
Contract Manager and the Purchasing Office Contract Compliance Manager no later than the tenth calendar
day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the
Contractor and Subcontractor.The terms of the subcontract may not conflict with the terms of the Contract, and
shall contain provisions that:
i. require that all Deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written
consent of the City and the Contractor. The City may require, as a condition to such further
subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable
to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any claims for
additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor
to include same with its invoice or application for payment to the City in accordance with the terms of the
Contract;
iv. require that all Subcontractors obtain and maintain,throughout the term of their contract, insurance in the
type and amounts specified for the Contractor, with the City being a named insured as its interest shall
appear; and
V. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor
is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for
the benefit of any such Subcontractor any contractual relationship between the City and any such
Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any
moneys due any such Subcontractor except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later
than ten (10)calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on
orders by others for like Deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees
with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or
otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others
for like Deliverables under similar terms of purchase.
Section 0300, Standard Purchase Terms&Conditions 5 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 49 of 64
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
20. WARRANTY—TITLE: The Contractor warrants that it has good and indefeasible title to all Deliverables furnished
under the Contract, and that the Deliverables are free and clear of all liens, claims, security interests and
encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims
to the Deliverables.
21. WARRANTY— DELIVERABLES: The Contractor warrants and represents that all Deliverables sold the City under
the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects
to the specifications, drawings, and descriptions in the Solicitation,to any samples furnished by the Contractor,to the
terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and
regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the Deliverables shall be
new or recycled merchandise, and not used or reconditioned.
A. Recycled Deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and
any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of
acceptance of the Deliverables or from the date of acceptance of any replacement Deliverables. If during the
warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt
of demand either repair the non-conforming Deliverables, or replace the non-conforming Deliverables with fully
conforming Deliverables, at the City's option and at no additional cost to the City. All costs incidental to such
repair or replacement, including but not limited to, any packaging and shipping costs,shall be borne exclusively
by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty(30)calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair
the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming Deliverables as required
by the City, then in addition to any other available remedy, the City may reduce the quantity of Deliverables it
may be required to purchase under the Contract from the Contractor, and purchase conforming Deliverables
from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any,
incurred by the City to procure such Deliverables from another source.
E. If the Contractor is not the manufacturer, and the Deliverables are covered by a separate manufacturer's
warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason
the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate
with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City.
22. WARRANTY—SERVICES: The Contractor warrants and represents that all services to be provided the City under
the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally
accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable
Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any
attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance
Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall
promptly upon receipt of demand perform the services again in accordance with above standard at no additional
cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City
shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of
discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this
section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required
by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be
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required to purchase under the Contract from the Contractor, and purchase conforming services from other
sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by
the City to procure such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate
correction or removal and replacement of defective or non-conforming Deliverables, the City prefers to accept it, the
City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation
of and determination to accept such defective or non-conforming Deliverables. If any such acceptance occurs prior
to final payment,the City may deduct such amounts as are necessary to compensate the City for the diminished value
of the defective or non-conforming Deliverables. If the acceptance occurs after final payment, such amount will be
refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's
intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event
that no assurance is given within the time specified after demand is made, the demanding party may treat this failure
as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed
performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by
the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the
City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor(a)fails to fully, timely and faithfully
perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance
under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d)
makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by
the Contractor to the City.
27. TERMINATION FOR CAUSE:. In the event of a default by the Contractor, the City shall have the right to terminate
the Contract for cause, by written notice effective ten (10)calendar days, unless otherwise specified, after the date of
such notice, unless the Contractor,within such ten(10)day period, cures such default,or provides evidence sufficient
to prove to the City's reasonable satisfaction that such default does not, in fact, exist. The City may place Contractor
on probation for a specified period of time within which the Contractor must correct any non-compliance issues.
Probation shall not normally be for a period of more than nine (9) months, however, it may be for a longer period, not
to exceed one (1)year depending on the circumstances. If the City determines the Contractor has failed to perform
satisfactorily during the probation period, the City may proceed with suspension. In the event of a default by the
Contractor, the City may suspend or debar the Contractor in accordance with the "City of Austin Purchasing Office
Probation, Suspension and Debarment Rules for Vendors" and remove the Contractor from the City's vendor list for
up to five (5)years and any Offer submitted by the Contractor may be disqualified for up to five (5)years. In addition
to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of
cover, reasonable attorneys' fees, court costs, and prejudgment and post-judgment interest at the maximum lawful
rate. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
28. TERMINATION WITHOUT CAUSE:The City shall have the right to terminate the Contract, in whole or in part,without
cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the
Contractor shall promptly cease all further work pursuant to the Contract,with such exceptions, if any, specified in the
notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally
available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date
of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted
by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result
in legal action.
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30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems
it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and
the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price
and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty
(30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall
be handled under the Dispute Resolution process specified in paragraph 48. However, nothing in this provision
shall excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if,
while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor
disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In
the event of default or delay in contract performance due to any of the foregoing causes, then the time for
completion of the services will be extended; provided, however, in such an event, a conference will be held
within three (3) business days to establish a mutually agreeable period of time reasonably necessary to
overcome the effect of such failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,judgments and
liability of every character, type or description, including all reasonable costs and expenses of litigation,
mediation or other alternate dispute resolution mechanism, including attorney and other professional fees
for:
(1) damage to or loss of the property of any person(including, but not limited to the City,the Contractor,
their respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or
(2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or
wages to any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties),
ii. "Fault"shall include the sale of defective or non-conforming Deliverables, negligence, willful misconduct,
or a breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND(AT THE OPTION OF THE CITY), INDEMNIFY,AND HOLD THE CITY, ITS SUCCESSORS,
ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS
DIRECTLY ARISING OUT OF,INCIDENT TO,CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR,OR THE
CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S
OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE
CONTRACTOR(INCLUDING,BUT NOT LIMITED TO,THE RIGHT TO SEEK CONTRIBUTION)AGAINST ANY THIRD PARTY WHO
MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: (reference Section 0400 for specific coverage requirements). The following insurance requirement
applies. (Revised March 2013).
A. General Requirements.
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated in Section
0400, Supplemental Purchase Provisions, for the duration of the Contract, including extension
options and hold over periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverages and endorsements
required in Section 0400,Supplemental Purchase Provisions,to the City as verification of coverage
prior to contract execution and within fourteen (14) calendar days after written request from the
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City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or hold over
period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and until such
insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractor.
iv. The City may request that the Contractor submit certificates of insurance to the City for all
subcontractors prior to the subcontractors commencing work on the project.
V. The Contractor's and all subcontractors'insurance coverage shall be written by companies licensed
to do business in the State of Texas at the time the policies are issued and shall be written by
companies with A.M. Best ratings of B+VII or better.
vi. The "other' insurance clause shall not apply to the City where the City is an additional insured
shown on any policy. It is intended that policies required in the Contract, covering both the City and
the Contractor, shall be considered primary coverage as applicable.
vii. If insurance policies are not written for amounts specified in Section 0400, Supplemental Purchase
Provisions, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary
coverage.
viii. The City shall be entitled, upon request,at an agreed upon location,and without expense,to review
certified copies of policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either of the
parties hereto or the underwriter on any such policies.
ix. The City reserves the right to review the insurance requirements set forth during the effective period
of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions
when deemed necessary and prudent by the City based upon changes in statutory law, court
decisions,the claims history of the industry or financial condition of the insurance company as well
as the Contractor.
X. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
A. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. Self-insured retentions shall be disclosed on the Certificate of Insurance.
xii. The Contractor shall provide the City thirty (30) calendar days' written notice of erosion of the
aggregate limits below occurrence limits for all applicable coverages indicated within the Contract.
xiii. The insurance coverages specified in Section 0400, Supplemental Purchase Provisions, are
required minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Coverage Requirements: Specific insurance reouirements are contained in Section 0400,
Supplemental Purchase Provisions
33. CLAIMS: If any claim, demand,suit,or other action is asserted against the Contractor which arises under or concerns
the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the
Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the
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Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action;
the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the
Austin City Attorney. Personal delivery to the City Attorney shall be to City Hall, 301 West 2"d Street,4th Floor,Austin,
Texas 78701, and mail delivery shall be to P.O. Box 1088, Austin, Texas 78767.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be
given under the Contract shall be in writing and shall be deemed delivered three(3) business days after postmarked
if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other
means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first
class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address
specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the
City shall be addressed to the City at P.O. Box 1088,Austin,Texas 78767 and marked to the attention of the Contract
Administrator.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the
City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be
proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas
Public Information Act, Chapter 552, Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS:The Contractor represents and warrants to the City that: (i)
the Contractor shall provide the City good and indefeasible title to the Deliverables and (ii)the Deliverables supplied
by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any
patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of the Deliverables and
the Contractor does not know of any valid basis for any such claims.The Contractor shall,at its sole expense, defend,
indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and
reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's
exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights,
and its use of the Deliverables infringes the intellectual property rights of any third party;or(ii)the Contractor's breach
of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City
shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the
City's behalf. Further, Contractor agrees that the City's specifications regarding the Deliverables shall in no way
diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the
production, development, or delivery of such Deliverables will not impact such warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the Deliverables to the City, Contractor may require access to certain of the
City's and/or its licensors' confidential information (including inventions, employee information, trade secrets,
confidential know-how,confidential business information,and other information which the City or its licensors consider
confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential
Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure,
dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors.
The Contractor(including its employees, subcontractors, agents, or representatives) agrees that it will maintain the
Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise
use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted
under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court
or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before
disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to
protect its own most valuable information, which protective measures shall under all circumstances be at least
reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. PUBLICATIONS:All published material and written reports submitted under the Contract must be originally developed
material unless otherwise specifically provided in the Contract. When material not originally developed is included in
a report in any form, the source shall be identified.
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39. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City
has entered into the Contract, except to the extent required by law.
40. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure the Contract upon any 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 Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have
the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage
or contingent fee.
41. GRATUITIES:The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined
by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to
any officer or employee of the City of Austin with a view toward securing the 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
contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in
addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in
providing such gratuities.
42. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant,
or elected official of the City who is involved in the development, evaluation, or decision-making process of the
performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that
solicitation.Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty
thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the
knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City.
43. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee
relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor.
The Contractor agrees and understands that the Contract does not grant any rights or privileges established for
employees of the City.
44. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and enure to the benefit of the City and the
Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract
shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City.
Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it
being the intention of the parties that there be no third party beneficiaries to the Contract.
45. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver
or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing
signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by
the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the
Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar
or different character.
46. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed
or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the
terms, covenants, and conditions of the Contract.
47. INTERPRETATION:The Contract is intended by the parties as a final,complete and exclusive statement of the terms
of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade
shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been
substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract,the UCC definition shall control,
unless otherwise defined in the Contract.
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48. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running
of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting
between representatives of each party within fourteen (14) calendar days after receipt of the request or such
later period as agreed by the parties. Each party shall include, at a minimum, one(1)senior level individual with
decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt
in good faith to negotiate a resolution of the dispute. If, within thirty(30)calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as
described below. Negotiation may be waived by a written agreement signed by both parties, in which event the
parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the
parties may select,within thirty(30)calendar days,a mediator trained in mediation skills to assist with resolution
of the dispute. Should they choose this option, the City and the Contractor agree to act in good faith in the
selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing
in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty(30)calendar
days of initiation of the mediation process, the mediator shall be selected by the Travis County Dispute
Resolution Center(DRC).The parties agree to participate in mediation in good faith for up to thirty(30)calendar
days from the date of the first mediation session. The City and the Contractor will share the mediator's fees
equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys
they may utilize to represent them or otherwise assist them in the mediation.
49. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas,
including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code,
Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or
jurisdiction.All issues arising from this Contract shall be resolved in the courts of Travis County,Texas and the parties
agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed
or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent
authority as contemplated herein.
50. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the
validity or enforceability of any other portion or provision of the Contract.Any void provision shall be deemed severed
from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain
the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence
of the Contract be determined to be void.
51. HOLIDAYS: The following holidays are observed by the City:
Holiday Date Observed
New Year's Day January 1
Martin Luther King, Jr.'s Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
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Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it
will be observed on the following Monday.
52. SURVIVABILITY OF OBLIGATIONS:All provisions of the Contract that impose continuing obligations on the parties,
including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the
expiration or termination of the Contract.
53. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Austin is prohibited from contracting with or making prime or sub-awards to parties that are suspended or
debarred or whose principals are suspended or debarred from Federal,State,or City of Austin Contracts. By accepting
a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred
from doing business with the Federal Government, as indicated by the General Services Administration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Austin.
54. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Contractor, or Contractor's agent, shall engage in any discriminatory
employment practice as defined in Chapter 5-4 of the City Code. No Offer submitted to the City shall be
considered, nor any Purchase Order issued, or any Contract awarded by the City unless the Offeror has
executed and filed with the City Purchasing Office a current Non-Discrimination Certification. Non-
compliance with Chapter 5-4 of the City Code may result in sanctions, including termination of the contract
and the Contractor's suspension or debarment from participation on future City contracts until deemed
compliant with Chapter 5-4.
B. Americans with Disabilities Act(ADA)Compliance: No Contractor, or Contractor's agent, shall engage
in any discriminatory practice against individuals with disabilities as defined in the ADA, including but not
limited to: employment, accessibility to goods and services, reasonable accommodations, and effective
communications.
55. BUY AMERICAN ACT-SUPPLIES (Applicable to certain Federally funded requirements)
A. Definitions.As used in this paragraph—
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs
to the place of incorporation into the end product(whether or not such costs are paid to a domestic
firm), and any applicable duty(whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the
component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
Section 0300, Standard Purchase Terms&Conditions 13 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 57 of 64
CITY OF AUSTIN
PURCHASING OFFICE
STANDARD PURCHASE TERMS AND CONDITIONS
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined, produced,
or manufactured in the United States exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind as those that the agency determines are
not mined, produced, or manufactured in sufficient and reasonably available commercial quantities
of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for
processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public
use.
V. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will
consider for approval foreign articles as domestic for this product if the articles are on a list approved by another
Governmental Agency.The Offeror shall submit documentation with their Offer demonstrating that the article is
on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign
end products in the provision of the Solicitation entitled "Buy American Act Certificate".
Section 0300, Standard Purchase Terms&Conditions 14 Rev. 01-03-2018
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 58 of 64
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-334356
TYR Tactical
Peoria.AZ United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which a 04/04/2018
being filed. orm is
City of Austin 1 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.
GA180000035
Personal Protective Equipment
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
x
6 UNSWORN DECLARATION b
My name is and my date of birth is �I ID Ot 4
My address is `��u t+v,�vw-r y\CA � ---- II,et —
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
W (L Executed in May� Y l�'[J1�A _ county, State o(_ '1' �,on the Lf_day of L,20 .
(month) (year)
slyoralufe of authorized agent of contracting business entity
(Dectarerir)
Forms provided by Texas Ethics CommissionINTERLOCAL GREEMENT TYR TACTICAL,LLC. Version V1.0,5523
Page 59 of 64
EXHIBIT C-
PRICING
CITY OF AUSTIN
PURCHASING OFFICE
BID SHEET
Tactical Vests
Vendor Name: TYR Tactical,LLC
Special Instructions: Be advised that exceptions taken to any portion of the solicitations may jeopardize acceptance of the bid.
SECTION 1-SPECIFIED ITEMS(MOST FREQUENTLY USED ITEMS)
Bid Prices shall be the invoiced price and include all costs and shipping charges(FOB Destination)to deliver items to the Austin,Texas area. A bid
of W(zero)will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of'no bid'will be
interpreted by the City that the responder does not wish to bid on that item.
The quantities listed are annual estimates for the Contract. The City reserves the right to purchase more or less of these quantities as may be
required during the contract term. Quantities will be as needed and specified by the City for each order.
Items shall be bid as specified.Pricing shall include all fees,including shipping,and delivery fees.Bidder should include specification sheets for all
equivalents quoted. Samples may be requested if deemed necessary to evaluate Bidder's product(s).
Note:APD will accept an alternative manufacturer/model but only if the unit wearing them approves the model.Any vest submitted that is a different
make and model will be reviewed and wear tested before bid acceptance.
Est
ITEM NO. Item Description Annual Unit Unit Price Extended Price
OTY
The Vest:Tactical PICO-MVW Tactical Carrier,TXP-III Armor,Part
1 No.:Model#TYR-PIC01 M-MVW-TXP3A-BLK BLACK/OD Green 179 EA $ 889.96 $ 159,302.84
or department approved equal.
Manufacturer and model#:TYR-PICO-MVW-TXP3A
Tactical THOR Ballistic Shoulders,TXP-IIIA Armor,Part No.:TYR-
LW107-THOR-TXP3A-BLK,BLACK/OD Green,or department
2 approved equal. 179 EA $ 124.21 $ 22,233.59
Manufacturer and model#:TYR-LW 107-THOR-TXP3A
Tactical Lower Abdomen protection,TXP-IIIA Armor,Part No.:TYR
LW109MV-TXP3A-BLK,BLACK/OD Green,or department
3 approved equal. 179 EA $ 139.06 $ 24,891.74
Manufacturer and model#:TYR-LW 109MV-TXP3A
Tactical Deltoid/Bicep Protection,TXP-IIIA Armor,Part No.:TYR-
MST115-TXP3A-BLK,BLACK/OD Green,or department approved
4 equal. 179 EA $ 326.08 $ 58,368.32
Manufacturer and model#:TYR-MST115-TXP3A-BLK
Tactical MV groin protector,TXP-IIIA Armor,Part No.:TYR-
LW 110MV-TXP3A-BLK,BLACK/OD Green,or buyer approved
5 equal. 179 EA $ 158.37 $ 28,348.23
Manufacturer and model#:TYR-LW 110MV-TXP3A-BLK
Tactical Side Armor Conversion Kit,TXP-IIIA Armor,Part No.:TYR-
SPA66-TXP3A-BLK,BLACK/OD Green,or department approved
6 equal. 179 EA $ 150.09 $ 26,866.11
Manufacturer and model#:TYR-SPA66-TXP3A-BLK
Tactical Ballistic Collar wfTXP-IIIA armor,Part No.:TYR-CLR001-
7 TXP3A-BLK,BLACK/OD Green,or department approved equal. 179 EA $ 150.00 $ 26,850.00
Manufacturer and model#:TYR-M-ECLRYK2-TXP3A-BLK
Tactical Ballistic Yoke w/TXP-IIIA armor,Part No.:TYR-YK001-
8 TXP3A-BLK,BLACK/OD Green,or department approved equal. 179 EA $ 123.00 $ 22,017.00
Manufacturer and model#:TYR-M-MV-THR-TXP3A-BLK
Vest shall have two removable ID patches 1 front,1 rear,3"x 6"
9 with"POLICE"in white lettering and the background should be the 358 EA $ 6.76 $ 2,420.08
color of Vest(BLACK/OD Green)and should be removable Velcro.
Manufacturer and model#:TYR-CIDP-3x6-BLK
Total Bid= $ 371,297.91
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 60 of 64
CITY OF AUSTIN
PURCHASING OFFICE
BID SHEET
Tactical Vests
SECTION 2-NON-SPECIFIED ITEMS
Bidder shall be able to provide other catalog items that are not listed above. The prices for these Non-Specified Items shall be based on the Price List(s)and percentage discount(s)as indicated below.
Bidder shall provide the manufacturer(s)name and number of the identified price list(s),the latest effective date of the identified price list(s),and the percentage discount(s)to the identified price list(s).
LINE ITEM Name and Number of Price List or Catalog Latest Effective Date of Price Discount from Price List
List or Catalog
Name TYR Tactical Catalog
10 Jul-15 15%
Number N/A
11 Name %
Number
DELIVERY METHOD: UPS Ground
Please be advised that the appropriate part number for each color and size are provided below. Additionally,we have provided pricing on line item 2,TYR-
LW 107-THOR-TXP3A,however this item cannot be used in conjunction with line item 7,TYR-M-ECLRYK2-TXP3A,or line item 8,TYR-M-MV-THR-TXP3A.
TYR-PICO-MV W-TXP3A-SM/M D-BLK
TYR-PICO-MV W-TXP3A-SM/M D-RG
TYR-PICO-MV W-TXP3A-LG/XL-BLK
TYR-PICO-MV W-TXP3A-LG/XL-RG
TYR-LW 107-THOR-TXP3A-SM/MD-BLK
TYR-LW 107-THOR-TXP3A-SM/MD-RG
TYR-LW 107-THOR-TXP3A-LG/XL-BLK
TYR-LW 107-THOR-TXP3A-LG/XL-RG
TYR-M-ECLRYK2-TXP3A-SM/M D-BLK
TYR-M-ECLRYK2-TXP3A-SM/M D-RG
TYR-M-ECL RYK2-TXP3A-LG/XL-B L K
TYR-M-ECLRYK2-TXP3A-LG/XL-RG
TYR-M-MV-THR-TXP3A-SM/M D-BLK
TYR-M-M V-THR-TXP3A-SM/M D-RG
TYR-M-MV-THR-TXP3A-LG/XL-BLK
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 61 of 64
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EXHIBIT D-CONFLICT OF INTEREST QUESTIONAIRE
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23, 64th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a)
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Garemment Code.An
offense under[his section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
NA
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3:1 Name of local government officer about whom the information is being disclosed.
A
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
1 `/F�
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income,from the vendor?
F] Yes F—IND
B. Is the vendor receiving or likely to receive taxable income, other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
aYes F-1 No
51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership
interest of one percent or more.
Vv/ 1'1
6
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signatureuo/Nendor doing business with the governmental entity Date
Form provided by Texas et/hiics Commission Revised 11/30/2015
INTERLOCAL AGREEMENT TYR TACTICAL,LLC.
Page 63 of 64
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission INTERLOCAL AGREEMENT TYR TACTICAL,LLC. Revised 11/30/2015
Page 64 of 64