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Home My WebLink About2002-03-12; City Council; 16681; Amendment to Fire Fighting Agreement - ClothingA CITY OF CARLSBAD - AGENDA BILL AB# 16,681 STRUCTURAL FIRE FIGHTING AGREEMENT CITY AlTY MTG. 31' 2/02 TITLE: DEPT. HD. AMENDMENT NO. 5 TO PROTECTIVE CLOTHING FOR DEPT. PCH I RECOMMENDED ACTION: Adopt Resolution No. 2002-080 , approving Amendment No. 5 To Extend And Amend the Agreement for Furnishing Protective Clothing For Structural Fire Fighting with L N Curtis and Sons. ITEM EXPLANATION: The City of Carlsbad is the lead agency in the cooperative agreement to supply firefighter's protective clothing for 22 fire agencies in Southern California. Recent negotiations with Purchasing staff, the local agencies and the contractor have resulted in modifications to the garments which will facilitate production to improve delivery times without compromising quality. The modifications do not change the current pricing. The agreement was due to end its final extension on July 13, 2002 and it was our intention to get proposals and set up a new agreement for the modified garment at that time. Recently San Diego City Fire Department expressed interest in working with our committee to create a single specification. San Diego has its own contract for similar garments with minor differences from our specifications. Previously, they have chosen not to participate in our contract. As the largest purchaser of these garments in the area, adding San Diego Cityk contract. Since this process will involve several meetings over the next few months, staff purchases to our cooperative group should increase our leverage in negotiating a new 2003 and authorize the garment modifications that will expedite deliveries. recommends approving the amendment to extend the current agreement until January 31, FISCAL IMPACT Sufficient funds are available or budgeted in the Fire Department's Fire Suppression Special Supplies Account for purchases through the term of the contract. EXHIBITS: 1. Resolution No. 2o02-080 2. Amendment No. 5 To Extend And Amend the Agreement for Furnishing Protective Clothing For Structural Fire Fighting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-080 A RESOLUTlON OF THE CITY COUWL OF THE ClTY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING AGREEMENT WHEREAS, on July 14, 1998 the City of Carlsbad entered into an agreement with L N Curtis and Sons for Furnishing Protective Clothing For Structural Fire Fighting; and WHEREAS, the proposed amendment changes the garment specifications and delivery requirements; and WHEREAS, the proposed amendment extends the term of the agreement to January, 31,2003; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 5 To Extend And Amend the Agreement for Furnishing Protective Clothing For Structural Fire Fighting attached hereto as Exhibit 2 is approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad held on the 12th day of MARCH ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaa ATIEST: .r . ,I ,. ,.. ;;4.L /,LC, %: ,; ! - -:. 7 ~1 Ti, LORRAIN5". WOOD, City Clerk (SFAL) a AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR FURNISHING PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING L N CURTIS AND SONS This Amendment No. 5 is entered into and effective as of the 13th day of “Agreemenl‘) by and between the City of Carlsbad, a municipal corporation, (“City”), and L N Curtis and Sons, (“Contractor”) (collectively, the “Parties”) for furnishing protective clothing for structural fire fighting. MARCH , 2002, extending and amending the agreement dated July 14, 1998 (the A. On November 2 1998, the Parties executed Amendment No. 1 to the Agreement to amend a pricing error; and 8. On August 9, 1999, the Parties executed Extension and Amendment No. 2 to the Agreement to amend specifications and prices; and C. On August 23, 2000, the Parties executed Ratification of Extension and Amendment No. 3 to the Agreement to amend specifications and prices; and D. On June 29, 2001, the Parties executed Extension and Amendment No. 4 to the Agreement to amend specifications and prices; and E. The Parties desire to alter the garments as proposed in the letter dated November 6, 2001, which is attached to and incorporated in by this reference as Exhibit “A”; and F. The Parties desire to amend the delivery requirements; and G. The Parties desire to extend the Agreement until January 31,2003. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The agreement shall be amended to reflect the new specifications and prices, as shown on Exhibit “A”. 2. Shipment of garments will be within sixty calendar days of receipt of order at L N Curtis and Sons for the twenty two agencies named in the original agreement. Orders from other agencies using the Public Agency Clause will remain seventy five days after receipt of order. 3. The term of the agreement will end on January 31,2003. 4. All other provisions of the Agreement and any amendments thereto shall remain in full force and effect. 1 City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR Paul F. Curtis, President (print namdtitle) AlTEST: Cg Cler$ (print namehitle) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-president "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 2 EXHIBIT A IRAWCMEI SEATTLE. WASHINGTON smr lam cwv ureu EMERGENCY EQUIPMENT November 6,2001 1800 PERALTA ST. OAKLAND, CALIF. 94607-1603 City of Carisbad Mr. Jim Sartorio, Buyer 1635 Pmdq Ave. Cdsbd, CA 92008-7314 Dear Mr. Sart~rio: Thank you fbr meeting with the San Diego Fire Esuipment Committee and representatives from alobe khuufkcturing and LN. CURTLS & SONS on October 3rd in Solano Beach I believe the meeting was very productive and has helped mate a win-win situation for all parties. As a result of the meeting, we are proposing an annnendment to the exist@ turnout contract "e are several issues to be concerned with: a %closed is amvised oar by w on the conhact gmmeents. You will note that we are offering on a modified gwnent, which is as per the meeting of October 3rd Please note, that we propose the exact same pricing to you as is allowed in the contract Pricing is held until July 30,2002. b. Enclosed is arevised optione listing and pricing. We have refined &e list by deleting a number of options which were never purchased or at most wely purchased We have slightly revised the pricing for this options list, as suggested to w by the Couunittee. We lrwt that the committe is in agreement with this proposed ammendnwnt and baning any fiuther discweion, we respe&lly request that you accept this offer and allow w to proceed based on this ammendment Once you have approved, we will provide a draft of anew order form for the consideration ofyou and the committee. Please accept my apology fw the long delay in getting this letter to you. While reviewing the complete contract files, Globe discovered a pricing dficulty which we he resolved in your fkvor. As a result of the pricing Mculty, it took me longer than I anticipated to work out the internal issues to make this offer. Sincerely, LN. %TIS & SONS COMPLETE SERVICE .>OR MUNICIPAL L INDUSTRIAL FmE b S4Fm EOUIPMENT ESTABLISHED 1929 FIRE DEPT. surPuEs EMERGENCY EQUIPMENT AND SERVlCE 1800 PERALTA ST. - OAKLAND. CA94607-1603 QUOTATION (510) 839-51 11 (800) 443-3556 FA)( (5W) e245325 Mr p DATE I TERMS TO: oumnn & CATALOG NO. 827844 "hank you for your requed to quote. We are pleased to offer as follows. If you need more information, have a question, or would like to place an order, please contact Bob Cnrtro ~bcrrtrodiah~.com) or 800-443-3556 or Fax at 510-839-5325 (OAKSales@!lncurti~) Job Jncmtir.cem) at (lyw.lnds.com) 9mp I Globe 35" length, 7 oz yellow Advance GX7 jackets, to SDcpeC specifications, with: Crosstech 0nNomex PJ check moisture benier Caldura quilt thermal liner 3-snaps athem to secure liner . Standard extra layer aralite in liner shouldem & upper back Selfmaterial reinforced shoulders &upper back Selfmaterialmi3 Selfmaterial hqer loop outaide plus standard inside 17C cloaure: maps imidehoolra & &es ou$ide *. 16P expawion pockets ZxlOxlo" lowered to hem w/trim, pockets lined w/Kevlar twill pouch, divider in ri@ pocket 3.5" hm fiont Standard action back 13PK radio pocket left chest USxT' with Aotezma notch Nomx hand and wid guarde NFPA vertical 3-style limdyellow Triple Trim Cal-OSHA label on left (Ca COMILEll StRViCE c FOR MUNICIPAL b INDUSTRIAL FIRE & SAFLIV EQUIPMENT “ a ESTABLISHED flRE DEPT. SUPPLIES EMERGENCY EOUIPMEN~ AND SERVICE 1800 PEAALTA ST. - OAKLAND, CA 94607-1603 1929 Q&TATIO~~ of * (510) 839-5111 (800) 443-3556 m. OATE .. DEL 30 recelpt 01 or - City ofCarlsbad, for San Diego County Fire Eqpt. Mr. Jim Sartorie, Buyer 1635 Paradny Ave. Carisbad, CA 92008-73 14 CATALOG NO 927844 1 DESCRIPTION Globe 7 oz yellow Advance OX-7 trousers, no back bib, to SDCFEC specifications, with: Crosstech on nomex PJ check moisture barrier Caldura quilt thennal liner 28P expansion pockets DW, divider in right pocket Selfmaterial be patches-padded with aratil end aramid Standard exparmion knedreveme boot cut Grey amhieid CUG 3” lime/yellow ’Ifiple Trim Cal-OSHA label *pricing is firm dl 7-13-02 lined with Keviar twill pouch quilt plus exira layer of dl All prices are for standard sizes only Coat sizes up to 58 standard Pants to waist 58” standard Size 60 aul above add 30% to above prices UNIT PRICE ! 338.00 San Diego County Fire Equipment Committee OPTIONS LIST (11/6/01) COAT OPTIONS: a a a a a a a b a 7.5 oz Nomex Shell 7.5 oz PBI Shell Air Ma& Pouch (sewn-on) UnimaI Clip Microphone Clip (selfmaterid) Glove Holder Strap LeatherCldEl hhield cuffe ZipperNelcro Closure Lettering PANT OPTIONS: 7.5 oz Nomex Shell 7.5 oz PBI Shell LeetherKnees Leathercuffi Deduct 520.00 Add Slos.oo Add $l.tS/YeIier Add 524.00 ifAdvanceNomex, $32.00 ifPBI Add $3.50 ifAdvauce/Nomex, $4.75 ifPBI Add $3.50 ifAdvaacehJomex, $4.75 ifPBI Add 56.00 ifAdvanceNomex, S7.00 ifPBI Add 0 Add S2.50 Add $8.00 Deduct 515.00 Add $90.00 Add $5.00 Add0 State of California County of Alameda On 2/28/02 1 before me, Marcia K. Castain, Notary Public , Date Name and Tllle 01 Olficer (e g ,'lane Doe. Notary Pubid') personally appeared Paul F. Curtis Namsls) 01 S#pner(s) E personally known to me ,2 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and the same in hislherltheir authorized acknowledged to me that helshelthey executed capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \ Capacity(ies) CI Individual Signer's Name: L~I Corporate Officer - Ti (s): C Attorney in Fact L 1 Guardian or Conservator U Other: Trustee TELEPHONE(510) 839-5111 FACSIMILE (510) 839-5325 EMERGENCY EQUIPMENT& SERVICE Since 1929 1800 PERALTA ST. OAKLAND, CA 94607-1603 BRANCHES SALT LAKE CITY, UTAH SEATTLE, WASHINGTON To whom it may concern: The following is a true copy of original resolution adopted April 30,2001, by Boerd of Directors of LN. CURTIS & SONS, a California Corporation RESOLUTION NO. 7-2001 REsOLVlb by the Board of Directors of L.N. CURTIS & SONS Corporation that the following are &ked to submit for the Corporation bids, proposals, or quotations, for sales ofgoods by the Corporation and the 8i-e of any one of the below named persons will be binding upon the Corporation: Roger W. Curtis ..................... (Zhhm, Secretary Paul E curtis ......................... Piesidwf Trenmrex Steven L Chandler. ................ Senior Vice President William M. Cutis .................. Vice President, Assistant Secretary Nikolas Td .................. 1%. Northwest Branch Manager Certified hue and correct I certifu that the above Resolution No. 7-2001 is in rll force and effect and has not MUNICIPAL AND INDUSTRIAL FIRE PROTECTION AND SAFETY EQUIPMENT