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R-07-10-25-11A1 - 10/25/2007 RESOLUTION NO. R-07-10-25-11A1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Fire Department Turnout Gear ( "Agreement" ) from Casco Industries, Inc . , and WHEREAS, Casco Industries, Inc . has submitted Supplemental Agreement No. 1 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Casco Industries, Inc . , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Purchase of Fire Department Turnout Gear with Casco Industries, Inc . , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 0 7 NY LL, Mayor ARS T: - City of Round Rock, Texas CHRISTINE R. MARTIN 2, City Secretary O:wdox RE50LUTLR7 I 025AIMM nnc EEXHIBIT l SUPPLEMENTAL AGREEMENT NO. 1 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 § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § FIRM: Casco Industries, Inc. ("Vendor") ADDRESS: 607 West 62"d Street, Shreveport, Louisiana 71106 REFERENCE: Purchase of Fire Turnout Gear This Supplemental Agreement No. 1 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, it has become necessary to extend the Agreement by renewal; 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: B. 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 120467/0122.0703/ps are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, 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 Casco Industries, Inc. By: By: Title: Title:46S P Date Signed: Date Signed: 9-0't— 07 Attest: By: Christine R. Martinez, City Secretary For City, approved as to form: By: Stephan L. Sheets, City Attorney 2 DATE: October 18, 2007 SUBJECT: City Council Meeting - October 25, 2007 ITEM: 11A1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the contract with Casco Industries, Inc. for the Firefighter turnout gear. Department: Fire 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.1 will extend the original agreement. Funding• Cost: $34,000.00 Annually Remaining Three Years: $102,000.00 Source of funds: General Fund Outside Resources: N/A Background Information• The Texas Commission of Fire Protection states that turnout gear be replaced when it becomes unserviceable and cannot be fixed. We use the guidelines set by the Texas Commission of Fire Protection to inspect 34 required areas on our turnout gear. With new hires and turnout gear that does not pass the inspection the annual cost is approximately $34,000.00. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS SUPPLEMENTAL AGREEMENT NO. 1 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 § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § FIRM: Casco Industries, Inc. ("Vendor") ADDRESS: 607 West 62"d Street, Shreveport, Louisiana 71106 REFERENCE: Purchase of Fire Turnout Gear This Supplemental Agreement No. 1 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, it has become necessary to extend the Agreement by renewal; 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: B. 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 120467/0122.0703/ps Q- M-l0-2-5- (A) are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, 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 o as Casco Industries,Inc. By- By: By. Titl Title: sofcprr P Date Signed: Z . Zs. Date Signed: Attest: By Christine R. Martinez, City Secretary For City a prove as t4 form: By:'�A Stepha L. Sheets, City Attorney 2