Linking Agreement with TYR Tactical
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1 10/05/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND TYR TACTICAL, LLC This Linking Agreement (“Agreement”) is entered into as of this between the City of Glendale, an Arizona municipal corporation (“City”), and TYR Tactical, LLC, an Arizona Limited Liability Company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On May 24, 2023, the City of Mesa, a member of the S.A.V.E Cooperative Purchasing Agreement, entered into a contract with Contractor to purchase the goods and services described in City of Mesa Agreement #2023230 (“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other governmental agencies, including the City. B. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. A. As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was May 24, 2023, until the date the contract terminates on May 23, 2026 , unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond May 23, 2026. The initial period of this Agreement is the period from the Effective Date of this Agreement until May 23, 2026. B. The City may extend the term of this Agreement for two one-year periods if the Cooperative Agreement is likewise extended and the City gives the Contractor notice that it is exercising its option to extend this Agreement 30 days prior to the anniversary of the Effective Date. Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this Agreement. 2 10/05/2023 2. Scope of Work; Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed eighty-five thousand dollars ($85,000) annually or three hundred-forty thousand dollars ($340,000) for the entire term of the Agreement (initial term plus any extensions). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. 6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. 8. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. 9. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: a. the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and c. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 3 10/05/2023 10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: City of Glendale c/o Chief of Police 6835 N. 57th Drive Glendale, Arizona 85301 and TYR Tactical, LLC c/o Daniel Golden 9330 N 91st Ave. Peoria, AZ 85345 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona TYR Tactical, LLC, municipal corporation an Arizona Limited Liability Company By: ____________________________ By: ____________________________ Kevin R. Phelps Name: Jane Beck City Manager Title: Chief Contracting Officer ATTEST: ___________________________ Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: ___________________________ Michael D. Bailey City Attorney LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND TYR TACTICAL, LLC EXHIBIT A CITY OF MESA COPPERATIVE CONTRACT 2023230 EXHIBIT A LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND TYR TACTICAL, LLC EXHIBIT B Scope of Work TYR Tactical will provide the Glendale Police Emergency Response Unit ballistic vests and equipment and accessories including but not limited to a ballistic shield dolley, carry bags, shield lights, placards, ballistic shields and additional ballistic protective equipment. 8/21/2024 9:22 AM TYR Tactical® Quote TYR-2023-01262DG-GLENDALE PD V6 Quote #: QUOTE DATE: Wednesday, August 21, 2024 Customer: EXPIRATION DATE: Sunday, October 20, 2024 Email: 60 Tel: # OF DAYS QUOTE IS VALID Fax: Item Number: Description: UOM Color Size Qty. MSRP $Quoted Unit Price $US Total TYR-RBS/BSD2-LV3+SMU-ORW-BLK TYR Tactical® Patented Ballistic Shield Dolly, Level III, SMU, w/ Off-Road Wheels, Black EA BLK OS 1 5,295.95 $ 4,501.56 $ 4,501.56 $ USA TYR-RBS/MT3+SMU-VP-BLK TYR Tactical® 24"x36" Rapid Response MT3+SMU Ballistic Shield, View Port, Loop Adhsv, Carry Bag, BLK EA BLK 24"x36" 1 8,995.95 $ 7,196.76 $ 7,196.76 $ USA TYR-RBS/MT3+SMU-NV-BLK TYR Tactical® 24"x36" Rapid Response MT3+SMU Ballistic Shield Non View Port, Adhv LP, Carry Bag, BLK EA BLK 24"x36" 1 6,995.95 $ 5,596.76 $ 5,596.76 $ USA TYR-RBS/SHIELDLIGHT-BK TYR Tactical® Shields Lights, Anodized Black EA BLK N/A 1 595.95 $ 506.56 $ 506.56 $ USA TYR-RBS/ARM-013 TYR Tactical® Attachment Arm for Holding CQB Shield on Ballistic Dolly System EA BLK OS 1 429.95 $ 365.46 $ 365.46 $ USA SHIPPING ADDRESS: Lead Time: Shipping Method: Payment Terms Subtotal: Est. Shipping: Sales Tax: Total: Customer Pick Up TBD 18,167.10 $ Customer Pick Up NET30 WHEN PLACING YOUR ORDER PLEASE ENSURE THE QUOTE NUMBER, PART NUMBERS AND FULL ORDER DETAILS APPEAR ON THE PURCHASE ORDER(S). NOT DOING SO WILL DELAY ORDER PROCESSING. NOTE THAT LEAD TIMES, PRICING & AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE TAX ID: 27-2463209 | REPS & CERTS ON SAM | SMALL BUSINESS | CAGE CODE: 67W12 | ISO 2009:2015 CERTIFIED | UEI DKQ5YENM14Q5 | DUTIES AND BANK FEES INCURRED ARE OBLIGATION OF THE CUSTOMER. CUSTOMER IS RESPONISBLE FOR PAYMENT OF ALL FINAL CHARGES BASED ON TERMS. UPON REQUEST, TYR TACTICAL MAY PROVIDE BERRY AMENDMENT, TAA COMPLIANCE, AND BUY AMERICAN STATUS OF OUR PRODUCTS. 19,638.64 $ 1,471.54 $ Additional Notes: City of Mesa Contract #2023230, W/ Linking agreement The information contained in this quotation is confidential and/or privileged, and is intended solely for the use of the recipients listed above. Further, it may be protected by certain agreements, legal privilege, legal precedent or law. It must not be read by or disclosed to any person other than the intended recipient without the express written permission of the sender. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying the transmitted information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments. TYR Tactical, LLC. CS.S-204.00 Rev.2 COO: (Country of Origin): TYR TACTICAL® LLC WWW.TYRTACTICAL.COM Account Executive 9330 N 91st Ave, Peoria, Arizona 85345 | Office: 623-240-1400 | Fax: 623-240-1428 | info@tyrtactical.com Danny Golden 602-818-4023 Danny@TYRTactical.com TYR-2023-01262DG-GLENDALE PD V6 Glendale Police Department - SWAT - Jerry McDaniel JMcDaniel@GLENDALEAZ.com 623.692.4244 PRICES ARE SUBJECT TO CHANGE AFTER EXPIRATION DATE. Proprietary and Confidential 8/21/2024 9:23 AM TYR Tactical® Quote TYR-2023-01263DG-GLENDALE PD V4 Quote #: QUOTE DATE: Wednesday, August 21, 2024 Customer: EXPIRATION DATE: Sunday, October 20, 2024 Email: 60 Tel: # OF DAYS QUOTE IS VALID Fax: Item Number: Description: UOM Color Size Qty. MSRP Quoted Unit Price $US Total TYR-M-EPIC-FED-NFA3/10-SIZE-RG EA RG TBD 14 1,695.95 $ 1,356.76 $ 18,994.64 $ USA TYR-MST115-NFA3/10-RG TYR Tactical® Ballistic Bicep/Deltoid Upper Arm Protection, [Set], NFA3/10, Ranger Green SET RG OS 14 499.95 $ 399.96 $ 5,599.44 $ USA TYR-M-ECLRYK1.5-NFA3/10-SIZE-RG TYR Tactical® Patent Pending, Male Non-Cutaway Ballistic Collar, 1.5", NFA3/10, SIZE, Ranger Green EA RG TBD 14 399.95 $ 319.96 $ 4,479.44 $ USA TYR-M-ETHR-NFA3/10-SIZE-RG TYR Tactical® Male Non-Cutaway Ballistic Throat, NFA3/10, SIZE, Ranger Green EA RG TBD 14 159.95 $ 127.96 $ 1,791.44 $ USA TYR-XHA3/7-SIZE TYR Tactical® Level III+ XHA3/7 I/C Plate, SIZE, Black EA BLK TBD 28 495.95 $ 315.00 $ 8,820.00 $ USA TYR-LW109MV-NFA3/10-RG TYR Tactical® MV Ballistic Lower Abdomen Platform, NFA3/10, Ranger Green EA RG OS 14 209.95 $ 167.96 $ 2,351.44 $ USA TYR-LW110MV-NFA3/10-RG TYR Tactical® MV Groin Protector, NFA3/10, Ranger Green EA RG OS 14 259.95 $ 207.96 $ 2,911.44 $ USA TYR-PK TYR Tactical® Custom Pouch Kit, Glendale PD EA RG OS 14 255.00 $ 216.75 $ 3,034.50 $ USA TYR-CIDP-2.5X5.5-POLICE-RG/BLK TYR Tactical® Custom ID Placard 2.5" X 5.5", "POLICE" Ranger Green w/ Black Font, "POLICE" EA RG 2.5x5.5 14 14.95 $ 12.71 $ 177.94 $ USA TYR-CIDP-2.5X8.75-POLICE-RG/BK TYR Tactical® Custom ID Placard 2.5" X 8.75", POLICE, Ranger Green w/Black Font, "POLICE" EA RG 2.5x8.75 14 15.95 $ 13.56 $ 189.84 $ USA SHIPPING ADDRESS: Lead Time: Shipping Method: Payment Terms Subtotal: Est. Shipping: Sales Tax: Total: Customer Pick Up TBD 48,350.12 $ Customer Pick Up NET30 WHEN PLACING YOUR ORDER PLEASE ENSURE THE QUOTE NUMBER, PART NUMBERS AND FULL ORDER DETAILS APPEAR ON THE PURCHASE ORDER(S). NOT DOING SO WILL DELAY ORDER PROCESSING. NOTE THAT LEAD TIMES, PRICING & AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE TAX ID: 27-2463209 | REPS & CERTS ON SAM | SMALL BUSINESS | CAGE CODE: 67W12 | ISO 2009:2015 CERTIFIED | UEI DKQ5YENM14Q5 | DUTIES AND BANK FEES INCURRED ARE OBLIGATION OF THE CUSTOMER. CUSTOMER IS RESPONISBLE FOR PAYMENT OF ALL FINAL CHARGES BASED ON TERMS. UPON REQUEST, TYR TACTICAL MAY PROVIDE BERRY AMENDMENT, TAA COMPLIANCE, AND BUY AMERICAN STATUS OF OUR PRODUCTS. 52,266.48 $ 3,916.36 $ Additional Notes: City of Mesa Contract #2023230, W/ Linking agreement The information contained in this quotation is confidential and/or privileged, and is intended solely for the use of the recipients listed above. Further, it may be protected by certain agreements, legal privilege, legal precedent or law. It must not be read by or disclosed to any person other than the intended recipient without the express written permission of the sender. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying the transmitted information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments. TYR Tactical, LLC. CS.S-204.00 Rev.2 COO: (Country of Origin): TYR TACTICAL® LLC WWW.TYRTACTICAL.COM Account Executive 9330 N 91st Ave, Peoria, Arizona 85345 | Office: 623-240-1400 | Fax: 623-240-1428 | info@tyrtactical.com Danny Golden 602-818-4023 Danny@TYRTactical.com TYR-2023-01263DG-GLENDALE PD V4 Glendale Police Department - SWAT - Jerry McDaniel JMcDaniel@GLENDALEAZ.com 623.692.4244 PRICES ARE SUBJECT TO CHANGE AFTER EXPIRATION DATE. Proprietary and Confidential LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND TYR TACTICAL, LLC EXHIBIT C METHOD AND AMOUNT OF COMPENSATION The method and amout of compensation is in accordance with section 3 of this Agreement. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Statement of Work must not exceed $85,000 annually or $340,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION City shall pay Contractor compsenation in accordance with the rates as set forth in the City of Mesa Cooperative Contract No. 2023230.