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CM-09-09-169SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF FIRE DEPARTMENT TURNOUT GEAR FROM CASCO INDUSTRIES, INC." THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: FIRM: Casco Industries, Inc. ("Vendor") ADDRESS: 607 West 62" Street, Shreveport, Louisiana 71106 REFERENCE: Purchase of Fire Turnout Gear This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of Fire Department Turnout Gear From Casco Industries, Inc." is made by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and CASCO INDUSTRIES, INC., whose offices are located at 607 West 62" d Street, Shreveport, Louisiana 71106, referred to herein as the "Vendor." RECITALS: WHEREAS, the City and the Vendor executed the above -referenced "City of Round Rock Agreement for Purchase of Fire Department Turnout Gear From Casco Industries, Inc." referred to herein as the "Agreement," on the 22" d day of November, 2005; and WHEREAS, the original Agreement was extended for the first allowable renewal period by Supplemental Agreement No. 1 on October 25, 2007; and WHEREAS, the original Agreement was extended for the second allowable renewal period by agreement and actions of the parties, through October 2008; and WHEREAS, the original Agreement was extended for the third allowable renewal period by agreement and actions of the parties, through October 2009; and WHEREAS, it has now become necessary to extend the Agreement for the fourth and final allowable renewal period, through October 2010; and NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree that said Agreement is amended as follows: Section 2.01, Subsection B shall be amended as follows: 169332/jkg 0122.0901 ens 09- I 4 13. The initial term of this Agreement is for twelve (12) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 2 embodies the fourth and final renewal of twelve (12) months, following the expiration of the original term of twelve (12) months and following the expiration of three prior renewal periods, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental Agreement No. 1 on the dates indicated. CITY OF ROUND ROCK, TEXAS By: Printed N Title: Mk 1 Date SigneddI' Attest: 13y: Sara L. 'White, City Secretary For City, Approved as t 13y: (f Stephan L. Sheets, City > Attorney CASCO INDUSTRIES, INC. By: Printed Nam : CAMs r Ja Sr+-. rTt, Title: S4 L.E'.� evt A ,.n- i c� Date Signed: 8 - / 9 - p 7 2 DATE: August 27, 2009 SUBJECT: City Manager Approval — September 4, 2009 ITEM: Consider executing Supplemental Agreement No. 2 to the contract with Casco Industries, Inc. for Fire turnout gear. Department: Fire Department Staff Person: Larry Hodge, Fire Chief Justification: On November 22, 2005 the City of Round Rock signed an agreement to purchase turnout gear for the Round Rock Fire Department with Casco Industries, Inc. The service and product has served the Fire Department well. The signing of the Supplemental Agreement No.2 will extend the original agreement. Funding: Cost: $40,000.00 Annually Source of funds: General Fund Outside Resources: N/A Background Information: NFPA 1851, Edition 2008, requires that turnout gear used for structural fire fighting be replaced when it fails an advance inspection and cannot be repaired or when they are 10 years old from the date of manufacture. The Texas Commission of Fire Protection use these guidelines when inspecting turnout gear used by fire departments in the State of Texas. Public Comment: N/A 912/2000 Request for City Council/City Manager Action City Council RI City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Fire Department Contact Person: Charles Meserole / Billy Wusterhausen Project Mgr/Resource: Charles Meserole / Billy Wust rhauaen Project Coordinator: Assigned Attorney: Susan Camp -Lee City Council or City Manager Approval Date: Agenda Wording For R1EnesitakiiihEMONLY Received: SEP 02 2009 rare #: Aye -"09-04' 1479 Original Documents Received: Project Name: Tumout Gear Agreement ContractorNendor. Casco Industries, Inc Funding Source: General Fund Additional funding Source: Amount: s10,000 Account Number 5300-100-22000 9/4/2009 Caneider executing Supplemental Agreement No. 2 to the contract with Casco Industries. Inc. for Fire turnout gear. Finance Information Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order Yea Di No 11JChange in Quantity 111linfo�seen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement # Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action on lines below) Amount $40,000.00 Project Mgr. Signature: Dept. Director Signature: 'City Attorney Signature: City Manager Signature: REVISED 9/2/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: FIRE Project Mgr/Resource: CHARLES MESEROLE J]Council Action: ORDINANCE Agenda Wording SUPPLEMENTAL AGREEMENT FOR FIRE Project Name: TURNOUT GEAR ContractorNendor: CASCO INDUSTRIES, INC. n RESOLUTION City Manager Approval CMA Wording Consider executing Supplemental Agreement No. 2 with Casco Industries, Inc. for fire turnout gear. Attorney Approval EjAttorney Notes/Comments Date 3. 25. O:\wdox\SCCInts\012210901 \M ISC\00166213 Updated 6/3/08