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1994-043 ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal for such items: RFSP ITEM NUMBER NO. VENDOR AMOUNT 1595 ALL ON-GUARD INC. $23,910.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Invitations, Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this~tay of ~ ~994. ATTEST: CITY SECRETARY / JENNIFER WALTERS, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY DATE: MARCH 2~-, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP # 1595 - CONTROLLED ACCESS LOCKS RECOMMENDATION: We recommend this proposal be awarded to On-Guard Inc. in the amount of $23,910.00. S~RY: This "high teeh" Request for Sealed Proposal (RFSP) is to furnish and install a controlled access system for specific doorway openings at the Denton Municipal Center. These security locks will be installed in the Law Enforcement, Court Clerk, Municipal Judge, Human Resources and Information Services areas as well as the west entrance exterior door. This is a card key system similar to the system currently in use at the Municipal Building. Proposals were received from six (6) qualified suppliers of security systems. On-Guard Inc. was selected based upon the criteria listed in the RFSP. 1. Ability to meet our time schedule 45% 2. Total cost of the project 25% 3. Training of City of Denton Staff 4. Future expendability of the System 15% BACKGROUND: Memorandum from Gary Collins, Director of Information Services, cost comparison sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Security of the DMC Building and the occupants and users of that facility. FISCAL IMPACT: Funds for this contract will come from DMC funds. Account #449-032-DMC1-9345-9101 $16,741.00 #245-032-DMCI-9345-9101 $ 7~169.00 TOTAL $23,910.00 ,?ctfully su, b~itted: l/ City Manager A ~°v~9~-~/('~ Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent CITY of DENTON, TEXAS 215 E. McKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 DATE: Hatch 15, 1994 TO: Ll_oyd IIar]~ell, City FI,IOH: Gar'y A. Co] lins, I)i~'ecto? of' [~fovmat icn~ S~'r'~ SUBJECT: Cor~Lr'ol.~ed Accessed Doo~ ~. i a'.n r'ectommend~t~ t.hat: Lh~ CJ Ly of' I)~n~_,t~ aw~z'ct ~}~e ?F~P 1595 u, mit;or- the' individuals that. have, :~c:c'e:;~: to :-;en,-~ii i~' at-ca:, of th. f'iles al~e kepi,. l'u~ Ibex' assist;anco please gJ.~e m~' a ~ al I . Di.~',~ctof oF ]rlfof-lllat, iotl Sci'vice~-~ 03/30;94 STATE OF TEXAS COUNTY OF CONTRACT AGKEEMENT DENTON ~ I~j OU;'/U04 T~IS AGREEMENT, made and entered into this let day of March A.D., 1994 , by and between The City of Denton of the County of Denton and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed "OWNER," and On-Guard Inc. 1819 Firman Dr. $121 of the City of Richardson ., County of Dallas and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWATER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agree~ with OWNER to commenceand complete performance of the work specified below: Specifications as outlined in RFSP 159~ and O.n-Guard~ response to said R~SP. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) ow~ proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General conditions of the Agreement, the Special conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - i all blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Corrigan Associate Architects and City of Denton Staff . , all of which are made a part hereof and collectively evidence and constitute the entire contract. IndeDend~.nt Statu~ It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perfor~ the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indgmnificatlon Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venu~ This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA ~ 2 17:09 '~'98175668553 ~U04,'U64 IN WITNESS WREREOF, the parties of these presents have executed thi~ agreement in the year and day first above written. ATTEST: City of~Denton , ., / 0~_!~ ~ _ // . // (sEAL) On-Guard Inc. cONTRACTOR APPROV~D AS TO FORM: City Attorn~ (SEAL) AAA0iB4D CA - 3