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RESOLUTION (ID#3496) DOC ID: 3496 B
Q CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Paul Drasil MICC Meeting Date: 10/20/2014
Prepared by: Norma Camarena, (909) 384-
5286
Dept: Fire Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment Number Two to the Purchase Agreement Between the City of San
Bernardino and Allstar Fire Equipment, Inc. to Increase Annual Purchase Order Number 2015-
00000144 by $55,000 for an Amount Not to Exceed $100,000 for the Replacement of Lion
Janesville Structural Firefighting Turnouts. (#3496)
Current Business Registration Certificate: No
Financial Impact:
Funding to increase Allstar Fire Equipment, Inc. annual purchase order#2015-00000144 is
included in the Fire Department's FY 2014-2015 Adopted Budget, account number 001-200-
0001-5111 (Materials & Supplies) in the amount of$55,000. There is no additional cost to the
co General Fund for this annual purchase order increase.
Account Number: 001-200-0001-5111
Account Budgeted Amount: $232,000
Balance as of October 1, 2014: $123,214.94
Balance after approval of item: $68,214.94
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
03/17/14 Resolution No. 2014-58 authorizing the execution of Amendment Number One to
the Purchase Agreement between the City of San Bernardino and Allstar Fire
Equipment, Inc. to increase annual purchase order number 2014-00000298 by
$15,300 for an amount not to exceed$60,300 for the replacement of Lion
Janesville structural firefighting turnouts.
3/19/12 Resolution No. 2012-42 authorizing the execution of a purchase agreement and
issuance of an annual purchase order to Allstar Fire Equipment, Inc. For the
replacement of protective clothing for structural firefighting(Lion Janesville
Turnout Gear).
11/02/09 Resolution No. 2009-345 authorizing the Director of Finance to issue annual
purchase orders to Allstar Fire Equipment in the amount of$5,000, Fisher
Updated: 10/13/2014 by Jolena E.Grider B I Packet Pg. 214
3496
Scientific Company in the amount of$45,000, L.N. Curtis& Sons in the
amount of$5,000, and Mallory Company in the amount of$10,000 for
replacement of protective clothing and equipment for structural firefighting.
08/20/07 Resolution No. 2007-341 authorizing the Director of Finance to issue an annual
purchase order to Fisher Scientific Company in the amount of$15,000, L.N.
Curtis& Sons in the amount of$50,000, and Mallory Company in the amount
of$10,000 for replacement of protective clothing and equipment for structural
firefighting.
04/04/05 Resolution No. 2005-73 authorizing the Purchasing Manager or designee to
increase Allstar Fire Equipment Inc. Annual purchase order for protective
clothing and equipment for structural firefighting.
07/19/04 Resolution No. 2004-231 authorizing the Purchasing Manager to issue an annual
purchase order to Allstar Fire Equipment and Mallory Company for replacement
of protective clothing and equipment for structural firefighting.
Background:
On March 19, 2012, the Mayor and Common Council authorized the execution of a Purchase
Agreement and issuance of an annual purchase order to Allstar Fire Equipment, Inc. For the
replacement of protective clothing for structural firefighting (Lion Janesville Turnout Gear). The
annual purchase order is not to exceed$45,000.
Structural firefighting turnouts are a crucial safety item which protects firefighters during
hazardous operations. Structural firefighting turnouts are designed to provide firefighters
protection from extreme temperatures and thermal insult. Due to the condition in which
structural turnouts are used they have a recommended service time of five (5) years. Thus with
the City's extreme financial difficulties over the last few years and the high cost of structural
firefighting turnouts the Fire Department has done its best to extend the life of employees
structural firefighting turnouts as long as possible.
On March 17, 2014, the Mayor and Common Council authorized the execution of Amendment
Number One to the Purchase Agreement with Allstar Fire Equipment, Inc. for an amount not to
exceed $60,300 for FY 2013-2014. The increase to the purchase order was to replace turnouts
due to a safety inspection that was conducted and findings that several employees had turnouts
that were no longer safe for use. In addition, the City had to provide new sets of structural
turnouts to newly hired fire safety personnel.
On September 2, 2014, the City was notified by the Department of Industrial Relations, Division
of Occupational Safety and Health (DOSH) that they received a complaint alleging employees
have outdated or failing turnouts. As part of the resolution, the Fire Department has started the
purchasing of the structural firefighting turnouts for an amount not to exceed $45,000. This
amount restricts the Fire Department until the Finance Department receives approval from the
Mayor and Common Council to increase the annual purchase order in order to comply with
DOSH and future turnout replacements for safety personnel.
Updated: 10/13/2014 by Jolena E.Grider B Packet Pg.215
3496
Fire projects that an additional $55,000 is needed to cover the cost for structural firefighting
turnouts for the remainder of Fiscal Year 2014-2015. Therefore, Fire requests that Allstar Fire
Equipment, Inc. annual purchase order #2015-00000144 be increased by an additional $55,000
for a total not to exceed$100,000.
City Attorney Review:
Supporting Documents:
Allstar PO Increase-Resolution (DOC)
agrmt 3496 (PDF)
Allstar PO Increase-Exhibit A Amendment (DOC)
Allstar PO Increase-Original Agreement (PDF)
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Updated: 10/13/2014 by Jolena E.Grider B
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1 RESOLUTION NO. o
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF '°
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT d
3 NUMBER TWO TO THE PURCHASE AGREEMENT BETWEEN THE CITY OF E
SAN BERNARDINO AND ALLSTAR FIRE EQUIPMENT, INC. TO INCREASE a
4 ANNUAL PURCHASE ORDER NUMBER 2015-00000144 BY $55,000 FOR AN u
5 AMOUNT NOT TO EXCEED $100,000 FOR THE REPLACEMENT OF LION
JANESVILLE STRUCTURAL FIREFIGHTING TURNOUTS.
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WHEREAS, the current Annual Purchase Order of$45,000 needs to be increased by a
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8 $55,000 for a total Annual Purchase Order amount of $100,000 in order to purchase Lion -a
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9 Janesville structural firefighting turnouts.
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a.
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CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. The City Manager is hereby authorized and directed to execute on =
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behalf of the City an Amendment Number Two to the Purchase Agreement between the City 3
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of San Bernardino and Allstar Fire Equipment, Inc. a copy of which is attached hereto, E
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16 marked as Exhibit"A", and incorporated herein by this reference as fully set forth at length.
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17 SECTION 2. That pursuant to this determination the Director of Finance or his
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18 designee is hereby authorized and directed to increase the Annual Purchase Order from Q
19 account number 001-200-0001*5111 to Allstar Fire Equipment, Inc. for a total amount not to M
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exceed $100,000, which shall reference this Resolution and shall incorporate the terms and 3
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22 conditions of the agreement.
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23 SECTION 3. The authorization to execute the above referenced Agreement and
24 increase to the Annual Purchase Order is rescinded if it is not issued within thirty (30) days 0
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25 of this passage of this resolution. N
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
27 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
28 NUMBER TWO TO THE PURCHASE AGREEMENT BETWEEN THE CITY OF
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1 SAN BERNARDINO AND ALLSTAR FIRE EQUIPMENT, INC. TO INCREASE .2
ANNUAL PURCHASE ORDER NUMBER 2015-00000144 BY $55,000 FOR AN L
2 AMOUNT NOT TO EXCEED $100,000 FOR THE REPLACEMENT OF LION
JANESVILLE STRUCTURAL FIREFIGHTING TURNOUTS. a
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2014, by the following vote, to wit: r
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Council Members: AYES NAYS ABSTAIN ABSENT o
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MARQUEZ
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11 BARRIOS
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12 VALDIVIA
13 SHORETT 0
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NICKEL
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JOHNSON z
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MULVIHILL E
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2014.
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22 R.Carey Davis, Mayor
23 City of San Bernardino
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24 Approved as to form:
Gary D. Saenz, City Attorney o
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26 By a
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AMENDMENT NUMBER TWO TO PURCHASE AGREEMENT WITH
ALLSTAR FIRE EQUIPMENT INC.
THIS AMENDMENT NUMBER TWO TO PURCHASE AGREEMENT WITH ALLSTAR
FIRE EQUIPMENT INC. ("Amendment") is made between Allstar Fire Equipment Inc. ("Company")
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and the City of San Bernardino(the"City")on October 20, 2014.
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WHEREAS,the parties wish to amend the Purchase Agreement that they entered into on March 19, 2012
("Agreement")- _
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NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, o
the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
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L This Amendment is made with respect to the following facts and purposes: a
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a. On March 19, 2012, the City and Vendor entered into that certain agreement entitled W
"Purchase Agreement between the City of San Bernardino and Allstar Fire Equipment" U-
for$45,000. r
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2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increase the a
amount from$45,000 to an amount not to exceed $100,000.
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3. Except for the changes specifically set forth herein, all other terms and conditions of the o
Agreement shall remain in full force and effect.
IN WITNESS THEREOF,the parties hereto have caused this Amendment Number One to be
executed b and throe their respective authorized officers as of the date first above written. a
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CITY OF SAN BERNARDINO VENDOR =
A Municipal Corporation Allstar Fire Equipment, Inc. o
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By: By: E
Allen Parker, City Manager Z
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney Q
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2012-42 Exhibit'W'
PURCHASE AGREEMENT `o
CITY OF SAN BERNARDINO—ALLSTAR FIRE EQUIPMENT
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This Purchase Agreement is entered into by and between Allstar Fire Equipment("Vendor') a
and the City of San Bernardino("City"or"San Bernardino').
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WITNESSETH: o
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WHEREAS,the Mayor and Common Council has determined that it is advantageous and in o
the best interest of.the City to contract for the purchase of turnout coat and turnout pants for fire
fighter; and,
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WHEREAS,the City's Fire Department has determined that Lion Janesville Structural s
Firefighting Gear best meets the needs of the Fire Department and will help to improve fire fighter
safety during hazardous operations;and, a
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WHEREAS,Allstar Fire Equipment is the authorized vendor for Lion Janesville Structural
Firefighting Gear;
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NOW,THEREFORE,the parties hereto agree as follows: 3
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages Vendor to provide turnout Z
coats and turnout pants,per Janesville V-Force Bi-Swing Coat Protective Clothing Specification
NFPA 1971,2007 Edition,attached hereto and incorporated herein as Exhibit"l."
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2. COMPENSATION AND EXPENSES.
For the products delineated above,the City,upon presentation of an invoice, shall pay the a
Vendor up to the amount of$2,293.38 for each set of turnouts(including coat and turnout pants), as
set forth on the Sales Quote,attached hereto and incorporated herein as Exhibit"2,"up.to a maximum
of$45,000. w
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3. TERM; TERMINATION. d
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a. This purchase shall be completed prior to the end of fiscal year 2013/2014,plus two single
year options. Actual option year pricing shall be negotiated with the Vendor prior to
exercising any given option year. The negotiated price upon the exercise of an option shall L-
not exceed the price set forth herein. Option year shall become effective only upon N
issuance by the City of a duly authorized Purchase Order. a
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b. This Agreement may be terminated at any time by thirty(30)days' written notice by either 0
party. The terms of this Agreement shall remain in force unless mutually amended. a
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4. WARRANTY N
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Vendor expressly warrants that all products and services supplied to City by Vendor under this
Agreement shall conform to the specifications,drawings or other description,upon which this
PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable,of good
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PURCHASE AGREEMENT
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material and workmanship, free from defects and free and clear of all liens or encumbrances. o
Inspection,testing, acceptance or use of the goods by the City shall not affect Vendor's obligations
under this warranty, and such warranty shall survive inspection,testing,acceptance and use. Vendor
agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing
warranty without expense to the City,when notified of such non-conformity by City. If Vendor fails Cr
to correct the defects in or replace non-conforming goods or services promptly,City may,after d
reasonable notice to Vendor,make such corrections or effect cover, or cure, at Vendor's expense. tL
"Reasonable notice"for purposes of this section shall not be deemed to require more than 60 calendars
days notice before commencement of efforts by the City to effect cover or a cure except upon a
written agreement of the Parties. o
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5. INDEMNITY. -R
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents
or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and
nature arising from bodily injury, including death, or property damage, based or asserted upon any
actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in a
any way connected with the accomplishment of the work or performance of services under this
Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of
the City, its elected officials, employees, agents or representatives. As part of the foregoing =
indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, 06
its elected officials, employees, agents or representatives from any and all legal actions based upon
such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of Q
express or implied indemnity against the City, its elected officials, employees, agents or E
representatives, with respect to third party claims against the Vendor relating to or in any way z
connected with the accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE. _
While not restricting or limiting the foregoing, during the term of this Agreement,Vendor shall E
maintain in effect policies of comprehensive public, general and automobile liability insurance, in the Q
amount of$1,000,000.00 combined single limit, and shall file copies of said policies with the City's o
Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the City shall require the insurer to notify City of any change or termination in the policy. E
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7. NON-DISCRIMINATION. m
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In the performance of this Agreement and in the hiring and recruitment of employees,Vendor
shall not engage in,nor permit its officers, employees or agents to engage in,discrimination in
employment of persons because of their race,religion, color,national origin, ancestry, age,mental or p
physical disability,medical condition,marital status, sexual gender or sexual orientation,or any other 6
status protected by law.
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S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS, p
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, N
qualifications, insurance and approval of whatever nature that are legally required of Vendor to Q
practice its business or profession.
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9. NOTICES. `o
Any notices to be given pursuant to this Agreement shall be deposited with the United States _
Postal Service,postage prepaid and addressed as follows: E
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TO THE City: City of San Bernardino Fire Department w
200 East Third Street 0
San Bernardino, CA 92410 -
Attention: Fire Chief y
Telephone: (909) 384-5286 Q
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TO THE Vendor: Allstar Fire Equipment
12328 Lower Azusa Rd. p
Arcadia, CA 91006 N
Telephone: (800)425-5787 t
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10. ATTORNEYS' FEES a
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In the event that litigation is brought by any party in connection with this Agreement,the @
prevailing party shall be entitled to recover from the opposing party all costs and expenses,including
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms,conditions or provisions hereof. c
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the F
market rate for comparable services.
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11. ASSIGNMENT. Z
Vendor shall not voluntarily or by operation of law assign,transfer,sublet or encumber all or
any part of the Vendor's interest in this Agreement without City's prior written consent. Any E
attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach
of this Agreement and cause for termination of this Agreement. Regardless of City's consent,no E
subletting or assignment shall release Vendor of Vendor's obligation to perform-all.other.obligations
to be performed by Vendor hereunder for the term of this Agreement.
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this E
Agreement shall be tried and litigated either in the State courts located in the County of San a
Bernardino, State of California or the U.S. District Court for the Central District of California, a
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
and not permissive in nature. E,
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13. GOVERNING LAW. 6
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS. 0
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement L
and their respective heirs,representatives, successors, and assigns.
15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of d
' convenience only and shall not affect the construction or the interpretation of any of its provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be E
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any other w
circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. L
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17. REMEDIES; WAIVER. y
All remedies available to either party for one or more breaches by the other party are and shall a
be deemed cumulative and may be exercised separately or concurrently without waiver of any other o
remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall
not be deemed a waiver of such breach or a waiver of future breaches,unless such waiver shall be in o
writing and signed by the party against whom enforcement is sought. y
18. ENTIRE AGREEMENT; MODIFICATION. L
This Agreement constitutes the entire agreement and the understanding between the parties,
and supersedes any prior agreements and understandings relating to the subject manner of this
Agreement. This Agreement may be modified or amended only by a written instrument executed by
all parties to this Agreement.
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IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date
set forth below.
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Dated: ,2012 Dated 2012 �
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ALLSTAR FIRE EQUIPMENT CITY S BERN INO
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Charles M edly,CitMaoger
Its: Pros e de pi
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Approved as to Form: L
James F. Penman, City Attorney a
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By: ,
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