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CM-08-07-180DATE: July 11, 2008 SUBJECT: City Manager Approval ITEM: Consider executing Supplemental Agreement No. 2 for the purchase of Police and Fire Department uniforms from Miller Uniforms & Emblems, Inc. Department: Police Department Staff Person: Rick White Justification: This is Supplement No. 2 to the original contract entered into with Miller Uniform & Emblem, Inc on October 13, 2005 for the purchase of Police and Fire Department Uniforms. The original contract sets out the prices for the various uniform pieces. This Supplement adds an Interlocal cooperative contracting and purchasing section and a purchase item to the agreement. Funding: Cost: NA Source of funds: General Fund Background Information: This contract is with the current uniform vendor for Police and Fire uniforms. Public Comment: None Updated 3-10-05 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF POLICE AND FIRE DEPARTMENT UNIFORMS FROM MILLER UNIFORM & EMBLEMS, INC." FIRM: Miller Uniform & Emblems, Inc. ("Vendor") ADDRESS: 650 Canion Street, Austin, Texas 78752 REFERENCE: Purchase of Police Department and Fire Department Uniforms This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Police and Fire Department Uniforms from Miller Uniform & Emblems, Inc." is made by and between the City of Round Rock, Texas (hereinafter called the "City"), and Miller Uniform & Emblems, Inc. (hereinafter called the "Vendor"). WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Police and Fire Department Uniforms from Miller Uniform & Emblems, Inc." (hereinafter called the "Agreement") on the 13th day of the month of October, 2005; and WHEREAS, the City and the Vendor thereafter executed Supplemental Agreement No. 1 in 2006 renewing the term of the Agreement; and WHEREAS, it has now become necessary to execute Supplemental Agreement No. 2 to provide for an Interlocal cooperative contracting and purchasing section, and to add a purchase item to Exhibit "A" to the Agreement; and NOW, THEREFORE, premises considered, the City and the Vendor agree that said Agreement is amended as follows: I. A section shall be added immediately after Section 6.01, and all sections following shall be re -numbered accordingly. The added section shall be designated Section 7.01 and shall read as follows: 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is 00135304/jkg C,),A - 5,- 0'1 -1 ? 0 granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently - negotiated "piggyback" procurements. II. Exhibit "A" shall be amended by adding the following: Blauer #9910Z-04 Unit Price: $295.00 each Description and Details: Cruiser Jacket with CROSSTECH fabric; waterproof, windproof, breathable, blood/body fluid/chemical resistant; patented breathable printed back -coating; NFPA 1999 Certified (2003 Edition); ASTM F903 Certified to resist five common accident scene chemicals; standard SCOTCHLITE deploying from under cuffs and collar; zip -out B.WARM fleece liner; seams sealed with GORE -SEAM tape; zippered side openings providing access to weapon or equipment on duty belt; adjustable cuffs secured by hook - and -loop fastener; drop shoulder design for unrestricted movement; double storm -flap front extending to top of sport collar; double -entry lower pockets with flaps; large inside security pocket; pit zippers to access shell; badge tab; military - style epaulets with uniform buttons; two kidney pockets; removable, waterproof, breathable hood which stores away (back of collar or kidney pockets); Certified PPE (Personal Protective Equipment); authorized for purchase under Homeland Security Grant Program & Fire Act Grant Program as PPE. IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental Agreement No. 2 in duplicate originals. CITY OF ROUND ROCK, TEXAS By: Title: Date Sign 2 ATTEST: By: Sara L. White, City Secretary FOR CITY ' PROVED A TO FORM: By: Stephan L. Sheets, City Attorney MILLER UNIFORM & EMBLEMS, INC. By: Title:, e_S; Date Signed: L /26/,? 3