R2023-204 2023-08-28RESOLUTION NO. R2023-204
A Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for the purchase of sixty-four (64) Level III ballistic Shields
in accordance with the specifications of Request for Proposal No. 0623-01,
to Fernandez Investment Group, Incorporated (dba Cop Stop), in the
estimated amount of $241,582.72.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City recently opened supply bids for the supply of ballistic
shields, and such bids were evaluated.
Section 2. That the City Council hereby awards a contract to Fernandez Investment
Group, Incorporated, in the unit price amounts reflected in Exhibit “A” attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a
supply contract for ballistic shields..
PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2023.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MCC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
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City of Pearland Exhibit A
3519 Liberty Drive
Pearland, TX 77581
Supply Purchase Agreement – Federal Grant Funds
This Supply Purchase Agreement (Contract) is made between the City of Pearland, Texas (City),
and Fernandez Investment Group, Inc., dba/aka Cop Stop (Supplier). The City and Supplier agree
to the terms and conditions of this Contract, which consists of the following parts:
I. Summary of Contract Terms
II. General Description – Scope of Work
III. Standard Contractual Provisions
IV. Uniform Grant Management Standards (Chapter 783 – Tex Gov’t Code)
V. Signatures
I. Summary of Contract Terms.
Legal Name of Supplier: Fernandez Investment Group, Inc., dba/aka Cop Stop
Contract Type: Supply Purchase Agreement
Contract Date: August 29, 2023
Termination/End Date: March 31, 2024
Renewal Terms: Zero (0) renewal
Amount: $241,582.72
Notes and References: State of Texas Grant Funding. No Federal Funds Awarded.
Supplier may be required recertify compliance with Family Code Section 231.006, upon
request by the City. An additional signature and date is required on Page 4 of this
Agreement.
Head of State Agency certification information is also required on Page 4 of this
Agreement, if applicable.
II. GENERAL DESCRIPTION – Supply/Equipment Purchase
Purchase and delivery of sixty-four (64) 20" x 30" Hardwire Double Shooter’s Cut Level III
Shields @ $3774.73 each, totaling $241,582.72.
Scheduled Work Completion Date: February 29, 2024
DocuSign Envelope ID: 42667196-BBA5-429C-8588-849E552880B1
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III. STANDARD CONTRACTUAL PROVISIONS.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Supplier will furnish Services to the City in accordance with
the terms and conditions specified in this Contract. Supplier will bill the City for the
Services provided at intervals of at least 30 days, except for the final billing. The City shall
pay Supplier for the Services in accordance with the terms of this Contract, but all
payments to be made by the City to Supplier, including the time of payment and the
payment of interest on overdue amounts, are subject to the applicable provisions of
Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may
terminate this Contract during its term at any time for the City’s own convenience
where the Supplier is not in default by giving written notice to Supplier. If the City
terminates this Contract under this paragraph, the City will pay the Supplier for all
services rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this
Contract as provided in this paragraph if the other party fails to comply with its
terms. The party alleging the default will give the other party notice of the default
in writing citing the terms of the Contract that have been breached and what action
the defaulting party must take to cure the default. If the party in default fails to cure
the default as specified in the notice, the party giving the notice of default may
terminate this Contract by written notice to the other party, specifying the date of
termination. Termination of this Contract under this paragraph does not affect the
right of either party to seek remedies for breach of the Contract as allowed by law,
including any damages or costs suffered by either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City’s
fiscal year in which it becomes effective or provides for the City to make any
payment during any of the City’s fiscal years following the City’s fiscal year in which
this Contract becomes effective and the City fails to appropriate funds to make any
required Contract payment for that successive fiscal year and there are no funds
from the City’s sale of debt instruments to make the required payment, then this
Contract automatically terminates at the beginning of the first day of the City’s
successive fiscal year of the Contract for which the City has not appropriated funds
or otherwise provided for funds to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits
the Supplier’s liability to the City or releases the Supplier from liability to the City for actual
or compensatory damages, loss, or costs arising from the performance of this Contract or
that provides for contractual indemnity by one party to the other party to this Contract is
not applicable or effective under this Contract. Except where an Additional Contract
DocuSign Envelope ID: 42667196-BBA5-429C-8588-849E552880B1
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Document provided by the City provides otherwise, each party to this Contract is
responsible for defending against and liable for paying any claim, suit, or judgment for
damages, loss, or costs arising from that party's negligent acts or omissions in the
performance of this Contract in accordance with applicable law. This provision does not
affect the right of either party to this Contract who is sued by a third party for acts or
omissions arising from this Contract to bring in the other party to this Contract as a third-
party defendant as allowed by law.
E. Assignment. The Supplier shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and
the Supplier and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by both
parties.
H. Independent Supplier. Supplier shall perform the work under this Contract as an
independent Supplier and not as an employee of the City. The City has no right to
supervise, direct, or control the Supplier or Supplier’s officers or employees in the means,
methods, or details of the work to be performed by Supplier under this Contract. The City
and Supplier agree that the work performed under this Contract is not inherently
dangerous, that Supplier will perform the work in a workmanlike manner, and that Supplier
will take proper care and precautions to ensure the safety of Supplier’s officers and
employees.
I. Dispute Resolution Procedures. The Supplier and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before
a third party who will be selected by agreement of the parties. The parties will each pay
one-half of the mediator’s fees.
J. Attorney’s Fees. Should either party to this Contract bring suit against the other party
for breach of contract or for any other cause relating to this Contract, neither party will
seek or be entitled to an award of attorney’s fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful,
the remainder of the Contract continues to be binding on the parties.
IV. STATE UNIFORM REQUIREMENTS
A. Cybersecurity Training Compliance. CONTRACTOR represents and warrants its
compliance with Section 2054.5191 of the Texas Government Code relating to the
cybersecurity training program. Should the CITY provide the CONTRACTOR with
access to any state computer system or database, CONTRACTOR shall complete
cybersecurity training and verify completion of the training program to the Department
pursuant to and in accordance with Section 2054.5192 of the Government Code.
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B. Child Support. Per Section 231.006 of the Family Code, the CONTRACTOR certifies
that the individual or sole proprietor and each partner, shareholder, or owner with an
ownership interest of at least 25 percent of the business entity is not ineligible to
receive payments from the State funds allocated for the PROJECT.
CONTRACTOR DATE
The CONTRACTOR further acknowledges that this CONTRACT may be terminated
and payment may be withheld if this certification is inaccurate. The CONTRACTOR
agrees, on the attached required “FORM 6,” to provide the name and social security
number of the individual or sole proprietor and each partner, shareholder, or owner
with an ownership interest of at least 25 percent of the business entity involved in this
CONTRACT.
C. Debarment and Suspension. CONTRACTOR certifies that it and its principals are not
suspended or debarred from doing business with the state or federal government as
listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller
of Public Accounts and the System for Award Management (SAM) maintained by the
General Services Administration.
D. Debts and Delinquencies. CONTRACTOR agrees that any payments due under the
contract or grant shall be applied towards any debt or delinquency that is owed to the
State of Texas.
E. Dispute Resolution. In addition to any other provisions involving disputes, related
resolutions and/or remedies, the CONTRACTOR agrees to the dispute resolution
process provided in Chapter 2009 of the Texas Government Code, as available to the
parties to resolve any dispute arising under the agreement.
F. Excluded Parties. CONTRACTOR certifies that it is not listed in the prohibited vendors
list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting
Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”,
published by the United States Department of the Treasury, Office of Foreign Assets
Control.
G. Executive Head of a State Agency Affirmation. Under Section 669.003 of the Texas
Government Code, CONTRACTOR certifies that it does not employ, or has disclosed
its employment of, any former executive head of the OOG (OOG). CONTRACTOR
must provide the following information:
Name of Former Executive: ______________________________
Name of State Agency: _________________________________
Date of Separation from State agency: _____________________
Position with Sponsor: __________________________________
Date of Employment with Sponsor: ________________________
DocuSign Envelope ID: 42667196-BBA5-429C-8588-849E552880B1
N/A
Fernandez Investment Group Inc dba Cop Stop 08/29/23
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H. Lobbying Expenditure Restriction. CONTRACTOR represents and warrants that the
CITY’S payments to CONTRACTOR and CONTRACTOR’S receipt of appropriated or
other funds under the grant are not prohibited by Sections 403.1067 or 556.0055 of
the Texas Government Code which restrict lobbying expenditures.
I. No Waiver of Sovereign Immunity. The Parties expressly agree that no provision of
the Agreement is in any way intended to constitute a waiver by the CITY of any
immunities from suit or from liability that the OOG or the State of Texas may have by
operation of law.
J. Records Retention. CONTRACTOR shall maintain and retain all records relating to
the performance of the Agreement, including supporting fiscal documents adequate to
ensure that claims for grant funds are in accordance with applicable State of Texas
requirements. These records will be maintained and retained by CONTRACTOR for a
period of four (4) years after the grant expiration date or until all audit, claim, and
litigation matters are resolved, whichever is later. The CITY will notify the
CONTRACTOR if and/or when the CONTRACTOR’S compliance with records
retention requirements is no longer applicable. Because the OOG reserves the right
to direct the CITY to retain documents for a longer period of time or transfer certain
records to OOG custody when it is determined the records possess longer term
retention value, the CITY reserves the right to require the same of the CONTRACTOR.
OOG requires the CITY to include the substance of this clause in all subawards and
subcontracts, and the CONTRACTOR must do the same for its subcontracts.
K. Texas Public Information Act. CONTRACTOR understands that Department will
comply with the Texas Public Information Act (Chapter 552 of the Texas Government
Code) as interpreted by judicial rulings and opinions of the Attorney General of the
State of Texas. Information, documentation, and other material in connection with this
Agreement or any resulting contract or grant may be subject to public disclosure
pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of
the Texas Government Code, Sponsor is required to make any information created or
exchanged with the State pursuant to the contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is
accessible by the public at no additional charge to the State.
L. Reporting Compliance. CONTRACTOR represents and warrants that it will submit
timely, complete, and accurate reports in accordance with the Agreement and maintain
appropriate backup documentation to support the reports.
M. Reporting Suspected Fraud and Unlawful Conduct. CONTRACTOR represents and
warrants that it will comply with Section 321.022 of the Texas Government Code which
requires that suspected fraud and unlawful conduct be reported to the CITY.
CONTRACTOR represents and warrants that it will also do so to the State Auditor
should the CONTRACTOR suspects such fraud and/or unlawful conduct involve the
CITY.
N. State Auditor’s Right to Audit. The CONTRACTOR acknowledges that a state auditor
may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. The
acceptance of funds directly under the contract or indirectly through a subcontract
under the contract acts as acceptance of the authority of the state auditor, under the
DocuSign Envelope ID: 42667196-BBA5-429C-8588-849E552880B1
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direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. Under the direction of the legislative audit committee, an
entity that is the subject of an audit or investigation by the state auditor must provide
the state auditor with access to any information the state auditor considers relevant to
the investigation or audit.
V. SIGNATURES. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND: SUPPLIER:
Trent Epperson__________________ ________________________________
Printed Name – Authorized Official Printed Name – Authorized Official
City Manager____________________ ________________________________
Title Title
Signature Signature
Date Signed Date Signed
DocuSign Envelope ID: 42667196-BBA5-429C-8588-849E552880B1
8/29/2023 | 9:11 AM CDT
Rick Fernandez
President/ CEO
08/29/23
Bid #RFP 0623-01 Bid Title Ballistic Shields
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 30 32 20 27.33
Vendor Qualifications and Fulfillment Capacity 15 15 13 15 14.33
Compliance to Proposal Requirements 10 10 10 10 10.00
References 5 5 5 4 4.67
Pricing / Cost 35 30.00
Total Points 100 86.33
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 20 25 15 20.00
Vendor Qualifications and Fulfillment Capacity 15 8 5 5 6.00
Compliance to Proposal Requirements 10 1 2 1 1.33
References 5 3 1 4 2.67
Pricing / Cost 35 34.50
Total Points 100 64.50
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 35 28 20 27.67
Vendor Qualifications and Fulfillment Capacity 15 15 15 12 14.00
Compliance to Proposal Requirements 10 10 10 10 10.00
References 5 5 5 5 5.00
Pricing / Cost 35 26.00
Total Points 100 82.67
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 30 29 10 23.00
Vendor Qualifications and Fulfillment Capacity 15 5 10 15 10.00
Compliance to Proposal Requirements 10 5 10 9 8.00
References 5 5 5 3 4.33
Pricing / Cost 35 34.50
Total Points 100 79.83
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 30 30 35 31.67
Vendor Qualifications and Fulfillment Capacity 15 5 5 12 7.33
Compliance to Proposal Requirements 10 6 8 2 5.33
References 5 5 5 5 5.00
Pricing / Cost 35 32.00
Total Points 100 81.33
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 35 30 35 33.33
Vendor Qualifications and Fulfillment Capacity 15 15 13 15 14.33
Compliance to Proposal Requirements 10 10 10 8 9.33
References 5 5 5 5 5.00
Pricing / Cost 35 25.00
Total Points 100 87.00
Dana Safety Supply
Purchasing to Evaluate
Pro-Tech Sales
Cop Stop
Purchasing to Evaluate
Counter Trade Products
Purchasing to Evaluate
Purchasing to Evaluate
TYR Tactcal, LLC
Purchasing to Evaluate
Galls, LLC
Purchasing to Evaluate
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 0 0 0 0.00
Vendor Qualifications and Fulfillment Capacity 15 0 0 0 0.00
Compliance to Proposal Requirements 10 0 0 0 0.00
References 5 0 0 0 0.00
Pricing / Cost 35 26.50
Total Points 100 26.50
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 25 30 20 25.00
Vendor Qualifications and Fulfillment Capacity 15 15 15 15 15.00
Compliance to Proposal Requirements 10 10 10 10 10.00
References 5 5 5 5 5.00
Pricing / Cost 35 30.50
Total Points 100 85.50
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 25 30 20 25.00
Vendor Qualifications and Fulfillment Capacity 15 15 15 15 15.00
Compliance to Proposal Requirements 10 5 8 4 5.67
References 5 5 5 3 4.33
Pricing / Cost 35 29.50
Total Points 100 79.50
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 25 29 35 29.67
Vendor Qualifications and Fulfillment Capacity 15 15 15 15 15.00
Compliance to Proposal Requirements 10 8 9 7 8.00
References 5 5 5 3 4.33
Pricing / Cost 35 28.00
Total Points 100 85.00
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 30 25 20 25.00
Vendor Qualifications and Fulfillment Capacity 15 0 15 15 10.00
Compliance to Proposal Requirements 10 8 9 10 9.00
References 5 5 4 5 4.67
Pricing / Cost 35 24.50
Total Points 100 73.17
Evaluation Criteria Max Points
allowed E1 E2 E3 Avg. Points
Compliance w/ Specifications 35 10 29 20 19.67
Vendor Qualifications and Fulfillment Capacity 15 10 9 5 8.00
Compliance to Proposal Requirements 10 8 9 7 8.00
References 5 5 4 4 4.33
Pricing / Cost 35 33.00
Total Points 100 73.00
GT Distributors, Inc
Purchasing to Evaluate
Mountain Horse Solutions
Purchasing to Evaluate
Paladin Defense Services, LLC
Purchasing to Evaluate
Security Pro USA
Primary Arms, LLC
Purchasing to Evaluate
Purchasing to Evaluate
West Texas Tactical
Purchasing to Evaluate
Bid Solicita�on Award No�ce
City of Pearland Request for Proposals No. 0623-01: Ballis�c Shields
Awardee: Cop Stop (Fernandez Investment Group, Inc. dba “Cop Stop”)
Anticipated Award Date: August 28, 2023
Contact Person/Representa�ve: Rick Fernandez
Address: 6831 Broadway St. Ste F, Pearland TX 77581 Ph: (281) 412-7358
Email: rick@copstop.com
CONGRATULATIONS! Your submission of a proposal in response to City of Pearland RFP No. 0623-01 has
been reviewed and scored for the purpose of an award for the purchase of the following items:
No. of
Items Manufacturer Model Type Dimensions Unit Price Total
64 Hardwire Double Shooter’s Cut Level III 20” x 30” $3,774.73 $241,582.72
A representa�ve from the City of Pearland will be in contact with you immediately to confirm your
acceptance as the successful offeror for the items listed above, at the prices and quan��es indicated. Due
to the source of funds, the City will be issuing your en�ty a Supply Contract with State of Texas Uniform
Grant Management Standards (Texas Government Code – Chapter 783) as the means of establishing the
contractual obliga�ons of terms and condi�ons applicable to this purchase. Please refer to the solicita�on
materials to review those condi�ons, if needed. Because this item involves State of Texas grant funding,
and the amount exceeds $50,000, this item will be subject to City Council concurrence, scheduled for the
Regular Mee�ng at 6:30pm, City Hall – Council Chambers, August 28, 2023. Your presence or that of a
representa�ve is required.
Sincerely,
Joel Hardy
Grants & Special Projects Administrator