Title
Ratification of Bunker Gear Purchases Total Purchases under AGR17-34 for Municipal Emergency Services and Approval of Amendment of AGR17-34 to Total Compensation in The Amount of $198,999.00 to $460,000.00 to Include applicable Gross Receipts Tax.
Recommended Action
I move that Council approve the ratification of the additional bunker gear purchases which exceeded the total contract purchase price found in AGR17-34 and further approve amendment to AGR17-34 to increase total compensation to an amount not to exceed $460,000.00 until the end of the current term
County Manager's Recommendation
I move that Council approve the ratification of the additional bunker gear purchases which exceeded the total contract purchase price found in AGR17-34 and further approve amendment to AGR17-34 to increase total compensation to an amount not to exceed $460,000.00 until the end of the current term
Body
Fire Fighter bunker gear is a required personal protective equipment for all firefighters. Each firefighter is required to have two sets of bunker gear to guarantee availability at all times. Currently, and after proper solicitation and competitive bids under IFB 17-34 in 2017, LAFD purchases all bunker gear coats and jackets via AGR17-34 with Municipal Emergency Services, Inc. This agreement became effective on June 16, 2017 with a total compensation of $198,999.00 for the term June 16, 2017 through May 7, 2020. The Agreement was amended in April 2020, for an additional one-year period became effective 5/6/2020 which extends the current agreement term to May 7, 2021. In a recent review of the Agreement, staff found that since the Agreement became effective prior to the County’s migration to the MUNIS system, some previous bunker gear purchases amounts were not properly tracked by staff. This issue, along with new staffing level requirements for bunker gear to meet the Department of Energy, Los Alamos National Laboratory (LANL) Cooperative Agreement requirements, resulted in the unintentional overspending of AGR17-34. Pursuant to Section 31-232(c), the Procurement Officer has found that neither the Vendor or County staff has acted fraudulently or in bad faith and that continued purchasing of bunker gear under AGR17-34 is in the best interests of the County.
The proposed amendment allowing the increase in the not to exceed amount will allow the County to purchase the required additional bunker gear to meet LANL staffing requirements under the Cooperative Agreement as well as provide for the replacement of expired or damaged bunker gear for current LAFD firefighters. LAFD has determined that there is a need for thirty additional sets of bunker gear before the expiration date of May 7, 2021, which the additional funding will allow the purchases of the additional bunker gear until the current Agreement expires in May 2021. At that time LAFD and Procurement will go back out for additional competitive pricing for future bunker gear purchases
The unintentional overspending of the AGR resulted in creation and implementation of an in-house tracking tool for all fire sponsored agreements to compliment the contract tracking module in Munis.
Alternatives
The ratification is required pursuant to County code provisions. The alternative to approving the ratification and but not the increase in funding would directly limit the ability of the County to hire additional firefighters as required by the Cooperative Agreement as well as the ability to replace damaged or expired bunker gear with current LAFD firefighters until a new contract is entered into after another IFB process
Fiscal and Staff Impact/Unplanned Item
In approving the ratification there will be no additional staffing or fiscal impact as the actual amount expended for the cost of bunker gear purchases was included in the FY20 and FY21 budget years. Additionally, the costs of the bunker gear is included in the LANL funding received by the County under the Cooperative Agreement.
Approval of the Amendment to increase in the total not to exceed amount will also have no fiscal or staffing impact. Failure to approve will directly affect: 1) additional hiring of firefighters and replacement of existing bunker gear; and 2) staffing in LAFD and Procurement to issue, evaluate, and contract for another bunker gear vendor one-year earlier than is planned, e.g., at the expiration of AGR17-34 in May 2021.
Attachments
A - Municipal Emergency Services AGR17-34
B - Municipal Emergency Services AGR17-34-A1
C - Municipal Emergency Services AGR17-34-A2 (DRAFT)