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09/21/2021 04.F. Resolution authorizing a sole source purchase for goods and services from Record-USA to upgrade and install an automated passenger security exit lane system at the Yakima Air Terminal-McAllister Field's main terminal building 1 1s°F` ,1„„,„,a°++a • i rr 11 i "���i�O enc unTry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.F. For Meeting of: September 21, 2021 ITEM TITLE: Resolution authorizing a sole source purchase for goods and services from Record-USA to upgrade and install an automated passenger security exit lane system at the Yakima Air Terminal- McAllister Field's main terminal building SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal-McAllister Field's main passenger terminal building was original constructed in the 1950's and throughout the years was upgraded to meet passenger and security demands. As security measures became more prominent within the aviation industry, the terminal building was retrofitted with a passenger security checkpoint and passenger security exit lane. The passenger security exit lane is a manual door that is outdated, outlived its useful lift, and requires airport staff to operate the door as arriving passengers deplane from their aircraft. This door also prevents unauthorized or prohibited items from entering the aviation system as arriving passenger meet their friends and family in the lobby of the building. Airports throughout the nation are upgrading their infrastructure and security protocols to an automated passenger security exit lane system, which will eliminate the ability to introduce prohibited items onto an aircraft. This system will also help minimize the spread of the COVI D-19 virus by properly spacing passengers as they deplane their aircraft and enter the public area of the main passenger terminal building. The cost estimate from Record-USA to upgrade the Yakima Air Terminal-McAllister Field's passenger security exit lane system is $99,636 which under Article IV, Section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 would require competitive bids. Because Record-USA is the only certified automated passenger security exit lane manufacturer meeting stringent Transportation Security Administration regulations, it is in the best interest of the City to approve this project without calling for bids.A notice of intent to sole source was advertised in the Yakima Herald Republic on 8/24/2021 and 8/25/2021 and received no response. Funds to acquire and install the automated passenger security exit lane will derive from the airport's operating funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety 2 APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution 9/8/2021 Resolution D Sole Source Justification Form 9/8/2021 Backup Material D Contract 9/8/2021 Contract 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing a sole source purchase for goods and services from Record-USA to upgrade and install an automated passenger security exit lane system at the Yakima Air Terminal-McAllister Field's main terminal building WHEREAS, the existing passenger security exit lane system is manually controlled through the airport's access control system at the Yakima Air Terminal- McAllister Field is outdated and does not provide adequate passenger spacing in order to prevent the spread of the COVID-19 virus and will ensure the airport will uphold stringent Transportation Security Administration regulations. The cost of this project is $99,636.00, and WHEREAS, Article IV, Section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1 80 generally require that purchase of equipment, materials, or services in excess of$50,000 be done by competitive bid, subject to certain exceptions, and WHEREAS, the law recognizes a "sole source purchase" exception from these competitive bidding requirements when, due to the uniqueness of the product to be purchased and the fact that there is only one source, it would be futile to utilize competitive bidding for such product, and WHEREAS, the Yakima Air Terminal-McAllister Field requires this immediate upgrade to install an automated passenger security lane exit in the terminal to facilitate proper exit and spacing of exiting passenger, in order to update aging infrastructure while upholding stringent Transportation Security Administration regulations, and combating the spread of the COVID-19 virus, and WHEREAS, Record-USA is the only certified automated passenger security exit lane manufacture meeting stringent Transportation Security Administration regulations, and therefore there are no alternates available for the project so any requirement for competitive bidding should be waived by adoption of this Resolution, pursuant to RCW 39.04.280(1), and WHEREAS, the City Council finds that it is in the best interest of the City and its residents to authorize goods and services provided by Record-USA to upgrade and expand the Yakima Air Terminal-McAllister Field's passenger security exit lane system without calling for bids and enter into an agreement with Record-USA for the goods and services necessary, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:' Section 1: The City Council finds and determines that the purchase of the automated passenger security lane exit is clearly and legitimately limited to a sole source of supply, justifying the waiver of competitive bidding in this acquisition, which bidding requirements are hereby waived. 4 Section 2: The purchase of the automated passenger security lane exit, as described above and in the agreement, for an amount not to exceed $99,636.00 is approved. Section 3: The City Manager is hereby authorized and directed to approve the agreement with Record-USA to install the automated passenger security lane exit, and any other necessary documents to accomplish the agreement. ADOPTED BY THE CITY COUNCIL this 21 n day of September, 2021. ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk 5 eet- • City of Yakima {s.Jt �: SOLE/SINGLE SOURCE JUSTIFICATION Revised October 2020 f--Your Name Jaime Vera Your Department/Division AirporVAviation Your Phone • (509)575-6010 Requisition Number Requested Vendor Record _ Cost Estimate(Including TAX) $100,000.00 Vendor's Address 4324 Phil Hargett Ct Monroe, NC Vendor e-mail City, State&Zip ?Ai 1n &Website davld.pickers@record-usa.com Vendor Contact Name David Pickers Vendor Phone 704-315-7392 1. ARE FEDERAL FUNDS BEING USED? OYES NO If Federal Funds are bang used,a Cost Price Analysis,prior to requesting Sole Source,MUST also be attached. (See City Purchasing Manual for form). 2. What are you purchasing? Describe product,service or system. Attach all information (Quotes,etc.). Security Doors-Exit Lane Breach Control ""Below are eligible reasons for sole source.Check all boxes below that apply to your sole source situation and attach any useful documents to justify the sole source.List who you contacted,what they said and how you verified their accuracy. D Compatibility/Standardization to existing City standard or to existing equipment, inventory, systems,data,programs or service.Describe. List efforts to find other sources(attach documentation,e.g.Internet Screenshots,etc.). Patented Product. Attach documentation to confirm propriety(patent letter,etc.)and describe why the patented features are critical to your operation. [I" Only Authorized Service Provider,Repair and/or Warranty Services.Attach proof in writing from the MANUFACTURER(not the vendor) confirming them is only one dealer authorized to sell/service in our area. [�1 Unique design: Requires unique features that are essential, aesthetic requirements,or not possible to match to existing design or equipment. Document the unique specifications that are needed which drove the research in finding a product that fits the specific needs of your department. Explain why these features are critical to your operation. Is written certification attached? reYES C NO Version 10/2020 Page 1 of 2 6 Special Market conditions:Can be used to purchase Items at auction(RCW 39.30.045)or other Items that are offered at a very favorable price and will be sold before and entity will have a chance to complete the bidding process(e.g.a flood is coming and you must obtain sandbags immediately),or only one supplier can meet required delivery date(describe why the delivery date Is critical and list efforts to find other suppliers to meet the delivery date). D Other Please Describe 3. Is this product/service available only through one vendor? YES C NO If yes,attach documentation that supports the screening process you performedto confirm.(e.g.Internet Screenshots,etc.) 4. Is this a one-time purchase? (i YES (' NO If NO,explain. 5. Why is this a sole source vendor? (tell the story). The record-usa Flip Flow is the only product available that can provide the below features and benefits to meet the needs of Yakima Airport: 7100%TSA Acceptance on all installations 6. What efforts were made to assure the City Is receiving the lowest or best price possible? Describe and attach a document showing due diligence. Pricing is in line with current market prices. Suplier pricing is consistent with other area airports cost for similar equipment and project scope. STATEMENT OF NEED/CONFLICT OF INTEREST My division's recommendation for sole source is based upon an objective review of the good/service being required and appears to be in the best interest of the City. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities,favor,or compromising action have taken place, Neither has my personal familiarity with particular brands,types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to e gi Signature of Requester Date S- 18- 1 Signature of Division Manager - Date / Signature of Department Head , `- _ Date G�� 'j �t Signature of approval by qp_b , Purchasing Manager Date Approval by Executive Date qi-2 ,paj Please complete entire form and forward to Purchasing. Version 10/2020 Page 2 of 2 7 Exhibit F PRODUCT PURCHASE AGREEMENT THIS PRODUCT PURCHASE AGREEMENT (the"Agreement")is entered into effective as of the 2nd day of September 2021, between record-usa, Inc.("Seller") and ("Buyer"), a company having its principal office at NOW,THEREFORE,IT IS AGREED AS FOLLOWS: 1. Product. Seller agrees to sell, and Buyer agrees to purchase,the product set forth on Schedule 1 of this Agreement (the"Product"). 2. Price;Taxes. (a) The price for the Product is set forth on Schedule 1 of this Agreement. (b) Payment terms are net 30 days from the date of delivery of Product. Payments must be received in Seller's account no later than 30 days from the date of delivery of Product. If Seller does not receive full payment by the due date, a late fee will be applied at a rate of 1.5%of the original balance per month. Buyer shall pay Seller for all collection costs Seller incurs to collect from Buyer any amount past due. Prices exclude any tax or duty now or hereafter imposed upon the production,transportation,export, import, storage, delivery,sale, or use of the Product. (c) Buyer shall pay Seller any and all governmental taxes, charges or duties of every kind (excluding any tax based upon Seller's income) that Seller may be required to pay with respect to the production, transportation, export, import, storage, delivery, purchase, sale or use of the Product. Buyer shall provide Seller, on request,with properly completed exemption certificates for any tax or duty from which Buyer claims an exemption. 3. Shipment; Risk of Loss. Shipment dates are approximate only. Seller shall not be liable because of late deliveries. Unless different terms are specified in a Purchase Order, title and risk of loss shall pass to Buyer FOB Origin(Seller shipping point),regardless of whether Seller or Buyer pays for actual freight delivery charges. 4. Limited Warranty. Subject to the other conditions of this Limited Warranty, if any equipment or parts manufactured by Seller constituting part of the Product prove defective in material or workmanship within one year after the date of delivery of the Product to Buyer, Seller shall repair or replace such parts free of cost. If any equipment or parts not manufactured by Seller are utilized in connection with the Product, Seller shall assume responsibility and liability for defects only to the extent of such adjustment as the manufacturer thereof makes to Seller. The warranty shall not extend beyond one year after the date of delivery of the Product to Buyer regardless of any replacements which may be made. Buyer's sole and exclusive remedy against Seller for any alleged defects in the Product shall be as provided in this Limited Warranty. Seller's obligations under this Limited Warranty are conditioned upon Buyer(i)giving Seller prompt written notice of alleged defects, and(ii)upon Seller's request, returning allegedly defective items to Seller's facility in Monroe, North Carolina, freight prepaid, for Seller's inspection. Seller shall have no obligation or liability, under this Limited Warranty or otherwise, in the event of improper installation of the Product unless and until the installation is corrected and proper. However, in no case shall Seller have any obligation or liability beyond one year after the date of delivery of the Product to Buyer. Seller reserves the right,without obligation, to inspect all installations of the Product or the Product itself for the protection of both Buyer and Seller. 1 8 In no event shall Seller have any obligation or liability,under this Limited Warranty or otherwise,resulting in whole or in part from CO Buyer's failure to properly use the Product, or (ii) damage to or defects in the Product caused by accident, abuse,misuse, malicious mischief, fires, floods, acts of God, casualty, improper handling or the negligence of Buyer or others. Further, Seller shall not have any obligation or liability for any loss, cost or expense incurred in the repair or replacement of the Product except on express written authority from Seller's office in Monroe, North Carolina. This Limited Warranty is valid only in the United States and applies only when the Product is installed and used in the United States. This Limited Warranty may not be changed, expanded or modified in any way except in writing, signed by Seller's duly authorized representative. 5. DISCLAIMER OF OTHER WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 4, SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION OR QUALITY AND NON-INFRINGEMENT. 6. Product Settings; Release and Indemnification. The Product has multiple security settings with respect to various features as set forth on Schedule 1. Seller configures the Product in the normal setting as described on Schedule 1 unless otherwise directed by Buyer. Buyer represents and confirms that Buyer has carefully reviewed and fully understands all the security settings of the Product, Buyer shall be solely responsible for selecting and making any changes to the security settings Buyer desires and Buyer accepts complete and sole responsibility for any injury to person or damage to property arising out of any security setting selected by Buyer that is not the "normal" setting. Buyer does hereby release Seller and its affiliates from and against, and agrees to defend, indemnify, and hold Seller and its affiliates harmless from and against, any and all claims or causes of action for death or injury to person or damage to property and all related damages, losses, liabilities, costs and expenses in any way arising out of or relating to any security setting that Buyer selects other than the normal setting. 7. Miscellaneous 2 9 (a) Agency. This Agreement does not constitute an agency relationship between the parties and neither party shall hold itself out to be the legal representative, agent, or employee of the other party for any purpose whatsoever. (b) Modification, Waiver. Neither this Agreement nor any term or provision hereof may be modified, amended, or waived, except by a subsequent instrument in writing duly executed by the parties hereto. (c) Assignment. This Agreement shall be binding upon and inure to the benefit of Seller and Buyer and each of their respective successors and permitted assigns. Neither party shall assign or delegate its rights or responsibilities under this Agreement, or any portion thereof, without the prior written consent of the other party,which consent shall not be unreasonably withheld;provided,however,that Seller may assign this Agreement in connection with a merger, a sale of all or substantially all of its assets or business operations related to this Agreement or a reorganization without the consent of Buyer by providing notice to Buyer. (d) Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which, so far as possible, achieves the same economic and other benefits for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. (e) Notice. Any notices and other communications provided for hereunder shall be in writing (including telegraphic, telex, or cable communication) and shall become effective (i) when manually delivered on a business day during normal business hours at the place of receipt to the party to be given such notice, (ii) on the seventh business day following the day when deposited, if mailed by certified or registered mail with return receipt requested and postage thereon fully prepaid, (iii) on the second business day following the day when deposited, if sent by overnight courier,fully prepaid. The addresses for such notice shall be: Seller: Buyer: record-usa Attn: Attn: Email:David.DickersPrecorddoors.com Email: (f) Entire Agreement. This Agreement and the Schedules attached hereto represent the entire integrated contract of the parties with respect to the terms of purchase and sale of the Product, and supersedes all previous agreements and understandings between the parties with respect to the subject matter of this Agreement, and may not be modified except by an instrument in writing signed by the duly authorized representatives of the parties. (g) Governing Law; Venue. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Washington, without reference to (i) the conflicts of laws principles thereof and (ii) the United Nations Conventions on Contracts for the International Sale of Goods. Any claim, action, suit or other proceeding initiated under or in connection with this Agreement may be asserted, brought,prosecuted and maintained only in any federal or state court in the State of Washington having jurisdiction over the subject matter thereof, and the parties hereto hereby waive any and all right to object to the laying of venue in any such court and to any right to claim that any such court may be an inconvenient forum. The 3 0 parties hereto submit themselves to the jurisdiction of each such court and agree that service of process on them in any such action, suit or proceeding may be affected by the means by which notices are to be given to it under this Agreement. The English version of this Agreement shall prevail. (h) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original, but all of which when taken together shall constitute but one (1) agreement. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by its officer duly authorized to execute the same as of the day and year first above-written. On behalf of SELLER: BUYER: record-usa,Inc. By: Pcw-i,d' Fitters, By: Print Name: David Pickers Print Name: Title: Vice President of Direct Sales Title: 4 11 SCHEDULE 1 Product Description;Price and Settings Product: _One (1) FlipFlow Twin Unit Price:$92,000 [Refer to provided quote for Inclusions and Exclusions.] Settings: Product Security Settings: Item Maximum Normal Actual Further Explanations Security Setting Setting Setting Selected by Customer Door Opening Speed-40 15 Higher speed allows higher throughput initials Door Closing Speed 40 10 Higher speed allows higher throughput initials Door Emergency 40 18 Emergency closing is issued when a breach Closing Speed initials attempt is detected.Emergency closing is faster than normal closing and bypasses object sensors(which detect objects or persons in area of door). Faster closing speed increases security Reaction on Emergency Normal In case of emergency closing,the doors Backflow Closing Closing initials will start the closing cycle even when a person is in the range of the object sensors. Emergency Closing (NSK) In case of normal closing, an intruder could or Normal Closing block the closing cycle (VRR) Collision Closing 40 4 If the door detects a collision by a person Force initials or an object,this value represents the amount of force which is needed to detect Collision Opening 40 4 the collision. Force initials Door Reopen ON OFF Door reopen ON indicates that a door initials which started a closing cycle can reopen before it is fully closed.This results in higher throughput when a person approaches the closing entry door. Open Mode ON OFF With backflow detection on,a backflow Backflow Detection initials detection would close the entry door in open mode.Without backflow detection, a person can walk from landside to airside. 5 12 Item Maximum Normal Actual Further explanations Security Setting Setting Setting selected by Customer Locked Mode OFF ON An object or a person in the tunnel would Object Detection prevent the exit door closing in locked initials mode. Cleaning Mode Item Normal Setting Actual Setting Selected by Customer Cleaning Mode Run Time 10 After a set time in minutes,the initials cleaning mode goes back to the previous mode of operation. Cleaning Mode Area Land The cleaning personnel can enter the initials FlipFlow either from the land side or the air side. Power Fail Item Only Setting Power fail Reaction of Entry Door Close The doors start closing regardless of the object sensors and remains in the closed position as long as the backup battery has power. Power Fail Reaction of Middle and Exit Door (_)pen The doors start opening regardless of the object sensors and remains open 6 13 7