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HomeMy WebLinkAbout15-Parks and Recreation ORIGINAL CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Subject: Authorize the Director of From: Kevin Hawkins, Director Finance to amend the Parks, Recreation and Community Services Dept: Parks, Recreation& FY 2009/10 Budget and transfer Community Services Dept. $33,500 from Other Professional Services (001-382-5505) to Materials Date: September 21, 2009 and Supplies (001-382-5111), and Resolution authorizing execution of a Vendor Service Agreement and an increase in the amount of $13,000 to Purchase Order No. 210324 to Ewing Irdeation Products. Inc. M/CC Meeting Date: October 19, 2009 Synopsis of Previous Council Action: August 17, 2009 Resolution No. 2009-305 adopted approving the City of San Bernardino's final budget for FY 2009-2010. Recommended Motion: 1) That the Director of Finance is authorized to amend the Parks, Recreation and Community Services FY 2009/10 adopted Budget and transfer$33,500 from Other Professional Services (001-382-5505) to Materi Is and Pupplies (0Q1-382-5111),with no net impact to the City's budget; and 2) Adopt Resolution. --- Signature Contact person: Ramon Mata, Parks Division Manager Phone: 5233 Supporting data attached: Ward: All Wards FUNDING REQUIREMENTS: Amount: $13,000 Source- (Arrt Nn ) 001-382-1111 Finance: Council Notes: �Eso 2o�s9 3�/ Agenda Item No. 10- 161-oq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Authorize the Director of Finance to amend the Parks, Recreation and Community Services FY 2009/10 Budget and transfer$33,500 from Other Professional Services (001-382-5505)to Materials and Supplies (001-382-5111); and Resolution authorizing the execution of a Vendor Service Agreement and an increase in the amount of$13,000 to Purchase Order No. 210324 issued to Ewing Irrigation Products, Inc. Backeround: In response to the City's current budgetary challenges, the Parks, Recreation and Community Services Department instituted a number of changes to cut costs within the department. One of the department's most significant changes was elimination of the landscape maintenance contracts for the 57 previously contracted park sites, which occurred mid-fiscal year 2008/09. The department is currently accomplishing that work with Parks Division staff. Although funding in the amount of$128,000 was factored into the 2009/10 adopted budget, there is an increased need for materials and supplies due to the following unforeseen factors: the department has experienced an increased demand for irrigation parts as the parks irrigation systems are aging(this fact has been reflected in the number of citizen requests registered via the City's Customer Relations Management system indicating a need to focus additional resources on the failing irrigation systems in the parks); and, there has been a significant increase in the number of sprinkler heads broken off by vandals. During the most recent fiscal years, the department has utilized two local wholesale distributors to supply irrigation parts (there are only two local wholesale distributors of irrigation parts in the city of San Bernardino). The irrigation systems in city parks and center medians have been installed over a period of several decades; therefore,replacement parts are not available at a single supply source. Since neither of the local vendors carries all of the items needed by the department,both San Bernardino vendors are utilized. During the current fiscal year,the department was able to fund only one irrigation parts vendor. An annual purchase order(No. 210324) was issued to Ewing Irrigation Products, Inc. in the amount of$24,900. There was insufficient funding in the materials and supply account to fund a second vendor. With the requested budget amendment in place, an annual purchase order will be requested for the second vendor, Hydroscape, in the amount of$7,000. Due to the fact that the Ewing account has been utilized exclusively up to this time, there is currently less than $2,000 remaining on that Purchase Order. Therefore, the department is requesting that the City Manager be authorized to execute a vendor service agreement with Ewing, and authorize an increase in the amount of$13,000 to the existing purchase order for a total amount of$37,900. A list of representative items to be purchased/prices is attached to the Vendor Service Agreement, labeled"Attachment 1". Pursuant to DDL No. 82,the attached memo (see Attachment"A"), dated October 15,2009, was " submitted to and signed off by the City Manager. It is requested that the irrigation supplies be purchased pursuant to Municipal Code Section 3.04.010-133, "Purchases approved by the Mayor and Common Council". Financial Impact: Funding in the amount of$103,600 was included in the Parks budget for Other Professional Services. Of that amount, it is requested that$33,500 be moved to Materials and Supplies so that in-house staff have the supplies that they need to perform the necessary Parks Division maintenance work. Therefore, a budget amendment is needed to transfer$33,500 from Other Professional Service account (001-382-5505)to Materials and Supplies(001-382-5111). There is no net impact to the City's budget with this action. Recommended Motions: 1) That the Director of Finance is authorized to amend the Parks, Recreation and Community Services FY 2009/10 Budget and transfer$33,500 from other professional services (001-382- 5505)to materials and supplies (001-382-5111), with no net impact to the City's budget; and 2) Adopt Resolution. Attachment "A" P2ti<s,1\Cl.1 Chin&( x n l It,t* vices Departmert Ilrter-0flice Manomndum To: Charles McNeely, City Manager From: Ramon Mata, Park Maintenance Division Manager Re: Purchase pursuant to Municipal Code Section 3.04.010-133 Date: October 15, 2009 CC: Kevin Hawkins, Parks Recreation and Community Services Director The Parks Maintenance Division utilizes two local wholesale distributors to supply irrigation parts (there are only two local wholesale distributors of irrigation parts in the city of San Bernardino). The irrigation systems in city parks and center medians have been installed over a period of several decades; therefore, replacement parts are not available at a single supply source. Since neither of the local irrigation supply wholesale distributors carries all of the items needed by the department,both of the San Bernardino vendors are utilized. For example, Ewing Irrigation Products, Inc. is a master distributor for Rain Bird irrigation parts and supplies; therefore, they carry an expanded stock of these items needed by the Parks Division, and they have the best prices for Rain Bird products. Alternately, Hydroscape is the master distributor for Toro and Hunter products, and they carry a larger inventory of those products at a lower cost. Since the Parks Division purchases different items from the two wholesale suppliers, in lieu of bids for FY 09/10, "Vendor Letters" were obtained which attest that the vendor will maintain prices to adhere to the prior year's purchase order/contract requirements,or,define the percentage increase in those costs. Ewing stated in their vendor letter that the prices will remain the same as in FY 08/09 (see Exhibit "A"). Annual Purchase Order No. 210324 was issued to Ewing Irrigation Products, Inc. in the amount of $24,900. In response to an unanticipated increase in the demand for irrigation parts due to the aging irrigation systems at various City park sites,and an increase in acts of vandalism in which sprinkler heads are broken off, there is currently less than $2,000 remaining on the annual purchase order. While a departmental assessment indicates that a significant number of the repairs to the irrigation systems have been addressed, there is a critical need for additional repairs in order keep up with maintenance needs in those city parks where irrigation systems are failing. A delay in maintenance heightens the risk of negatively impacting the usage and programs at our parks. As a result, staff is requesting an increase to Purchase Order No. 210324 in the amount of$13,000. As such,there is an urgent need and a request for assistance from the City Manager's Office. Since the Parks,Recreation and Community Services Department did not go out to bid for these irrigation parts needed to repair the failing irrigation systems at city park sites, it is requested that these purchases be authorized pursuant to Municipal Code Section 3.04.010-133, "Purchases approved by the Mayor and Common Council." Ramon Ma f2k Parks Divisio anager Apps ved B} Charles McNeely,City M ger PHONE NO. : 9097969785 May. 20 2009 OB:26AM P2 Exhibit A PARKS,RECREXII(ON & CoMMUNITY SFRVI(7FS Mi-AwrMINT Kv.vm L HAWKINS DIRLI "IR 201-A North"E'Street,Suitu 103-San Bcrnardino-CA 92401 909.384.52.33•Fax:909.384-5160 www,sbcity.org San Benin I im Ewing 1560 East Victoria Avenue San Bernardino, CA 92408-2926 May 20, 2009 Parks, Recreation & Community Services Department 201-A North "E" Street, Suite 103 San Bernardino, CA 92401 Ewing has been doing business with the City of San Bernardino Parks, Recreation and Community Services Department under Purchase Order/Contract Number 209541 . We will continue to provido materials/services/equipment from July 1, 2009 to June 30, 2010 and: A) Will maintain our prices to adhere to current purchase order/contract Requirements. Yes ❑ No 8) Will increase prices by Thank you for continuing your commitment. Sincerely, Barbara Sladek Dept. Accounting Technician T" L Cffy OF SAN BERNaDlilso COMMUNICATE,COORDINATE,COOPERATE I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 VENDOR SERVICE AGREEMENT WITH EWING IRRIGATION PRODUCTS, INC. AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE ANNUAL 4 PURCHASE ORDER NO. 210324 TO EWING IRRIGATION PRODUCTS, INC. IN THE 5 AMOUNT OF $13,000, FOR A TOTAL OF$37,900. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That, pursuant to Municipal Code § 3.04.010(B)(3), the City Manager is 9 hereby authorized to execute a Vendor Service Agreement with Ewing Irrigation Products, Inc., 10 a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as 11 fully as though set forth at length; and 12 SECTION 2. That the Director of Finance is hereby authorized to increase Purchase 13 Order Number 210324 to Ewing Irrigation Products, Inc. in the amount of $13,000, to a total 14 amount of$37,900; and 15 16 SECTION 3. That the authorization granted hereunder shall expire and be void and of 17 no further effect if the Vendor Service Agreement is not executed by both parties and returned to 18 the Office of the City Clerk within thirty (30) days following the effective date of this 19 Resolution. 20 21 22 23 24 25 26 27 /// 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 VENDOR SERVICE AGREEMENT WITH EWING IRRIGATION PRODUCTS,INC. AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE ANNUAL 3 PURCHASE ORDER NO. 210324 TO EWING IRRIGATION PRODUCTS, INC. IN THE 4 AMOUNT OF$13,000, FOR A TOTAL OF$37,900. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of 2009, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 Rachel Clark, City Clerk 18 19 The foregoing resolution is hereby approved this day of , 2009. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino Ap oved as to form: J s F. Penman, City Attorney 25 26 27 28 2 41, 15 /0) 19 0 v VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this_day of 2009, by and between Ewing Irrigation Products, Inc. ("VENDOR") and the City of San Bernardino ("CITY"or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the CITY to purchase irrigation parts to accomplish the maintenance of irrigation systems in the City's parks. NOW, THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR to provide irrigation parts as needed for repair of irrigation systems at City park sites. 2. COMPENSATION AND EXPENSES. Upon presentation of invoices, CITY shall compensate Ewing Irrigation Products, Inc. at the rates set forth on its Vendor quote, a copy of which is attached hereto and incorporated herein as Attachment "1,"to a maximum of$37,900. 3. INDEMNITY. 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 Csubcontractors, relating to or in any way connected with the accomplishment of the work or 7 �� performance of services under this Agreement, unless the bodily injury or property damage was 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, 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 express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 4. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile Cliability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's 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 at least thirty (30) days prior to any change in or termination of the policy. 5. NON-DISCRIMINATION. 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 physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8 6. INDEPENDENT CONTRACTOR CVENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR �j to practice its business or profession. 9 8. NOTICES. �r Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 201-A North "E" Street, Suite#103 San Bernardino, CA 92401 Telephone: (909)384-5233 TO THE VENDOR: Ewing Irrigation Products, Inc. 3441 East Harbour Drive Phoenix,AZ 85034 Telephone: (602)437-9530 Local supply address: 1560 East Victoria Avenue San Bernardino, CA 92408-2926 Telephone: (909) 796-5898 9. ATTORNEYS' FEES 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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. 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 attempted assignment, transfer, subletting or encumbrance shall be void © and shall constitute a breach of this Agreement and cause for the termination of this Agreement. 10 Regardless of CITY'S consent, no subletting or assignment i © g shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California 13. SUCCESSORS AND ASSIGNS. �r This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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 circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 11 VENDOR SERVICE AGREEMENT BETWEEN C THE CITY OF SAN BERNARDINO AND EWING IRRIGATION PRODUCTS, INC. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. { Dated 2009 VENDOR: Ewing Irrigation Products, Inc. i O By. i Its: Dated 2009 CITY OF SAN BERNARDINO i By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: � . 12 "Attachment 1" E w I Gd (602)4 GENERAL OFFICE: 3441 E.Harbour Drive Phoenix,AZ 86094 37 9530 (602)437-0446 Fax Irrigation i Golf a Industrial 7GIINC, SAN BERNARDINO #07 " Q U 0 T A T I 0 N PAGES 1 VICTORIA AVE QUOTE DATE: 10/13/2009 --t: E°RNARDINO, CA IN REPLY TO YOUR INQUIRY PRINT DATE; 10/13/2009 SG9) 796-5698 92408 - SUBJECT TO CONDITIONS BELOW - QUOTATION #: 1113410 JOB: PRICE LIST JAN WAGES 5169 CUSTOMER PHONE: (909) 384-5032 CITY SAN BERNARDINO/PKS REG 201 A NORTH E ST .`.AN BERNADINO CA 92401 USTOMER FAX: 1 (909) 384-5160 ITEM LIST NET EXTENDED _ :RIPTION NUMBER QUANTITY PRICE PRICE PRICE u-PEES RAINBIRD PLASTIC VALVE 35007050 1 137.00 68.500 68.50 PEB RAINBIRD PLASTIC VALVE 35007030 1 103.00 $1.500 51.50 ;P1 IRRITROL ELECTRIC VALVE 34001030 1 101.20 50.600 50.60 !` P1.5 IRRITROL ELECTRIC VLV 34001050 1 136.40 68.200 68.20 _9 CARSON 121N GREEN BOX/LID 38001210 1 32.00 24,320 24.32 CARSON LOIN GREEN BOX/LID 38001010 1 20.50 15.580 15.58 SLIP FIX REPAIR NIPPLE 26001530 1 4,78 3.824 3.82 - 112 SLIP FIX REPAIR NIPPLE 26001550 1 9.80 7.840 7.84 PVC TEE SSS 04401020 1 6.69 1.505 1.51 ... S TALL FESCUE BLEND 25LB 51008440 1 35.50 26.696 26.70 C%- RAINBIRD PLASTIC NOZZLE 35003520 1 1.89 .945 ,95 1, C-800PL BSTA CNTRL PLST CENT 44007030 1 379.00 189.500 189.50 - 1Y2 825Y BV FEBCO W/BALL VLV 15001450 1 486.50 291.900 291.90 _',,,-04 HUNTER ULTRA 4IN POPUP 44000705 1 21.95 10.975 10.98 04 HUNTER ULTRA I INST RTR 44002620 1 50.00 25.000 25.00 RAINBIRD BODY ASSY 4 INCH 35003440 1 2.79 1.269 1.27 0 e winn. GENERAL OFFICE. 3441 E.Harbour Drive Phoenix,AZ 86094 (602)437.9530 (602)437-0446 Fax Irrigation c coil c Industrial NET FR,ICES ARE FOR QUANTITIES AND DESCRIPTIONS SHOW;; HEREIN ONLY, AND NO IMPLICATION OR WARRANTY :r; P1ADE WITH REGARD TO THEIR CORRECTNESS OR SUBTOTAL 638.17 AGREEMENT WITH THE SPECIFICATIONS. SHIPMENT SUBJECT CREDIT CLEARANCE. NO LIABILITY IS ASSUMED FOR 8.7500% TAX 73.34 kUANIITY SHOWN. TI:E ABOVE QUOTATION IS FOR ESTIMATING PURPOSE ONLY. WREN ORDER IS PLACED IT WILL BE SHIPPED AT PRICE Iti EFFECT AT TIME OF SHIPMENT UNLESS OTHERWISE NOTED ON THIS QUOTATION. QUOTE TOTAL 911.51 FR.ICE' SHOWN ARE CURRENT AS OF 10/13/2009 AND WILL BE GOOD UNTIL 11/12/2009. BY FELIPE CAMBRON ------------------------------------------------ EWING IRRIGATION PRODUCTS & INDUSTRIAL PLASTICS