HomeMy WebLinkAboutAGENDA REPORT 2019 0206 REG CCSA ITEM 10ECITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 2.6.2019
ACTION Approved staff
recommendation.
BY M. Benson
E. Consider Agreement Amendment with Bernard D. Clarke, DBA Backflow
Prevention Device Tester for Backflow Device Repairs. Staff Recommendation:
Approve Amendment No. 1 with Bernard D. Clarke, DBA Backflow Prevention
Device Tester; and authorize City Manager to execute the Amendment, subject
to final language approval of the City Manager.
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 02/06/2019 Regular Meeting
SUBJECT: Consider Agreement Amendment with Bernard D. Clarke, DBA
Backflow Prevention Device Tester for Backflow Device Repairs
BACKGROUND AND DISCUSSION
A backflow prevention device is attached to water lines to protect potable water supplies
from contamination due to water flowing back into the lines when the water pressure is
disrupted by a failure in the system. The City of Moorpark is required to test and certify
that all backflow devices in the City landscape maintenance districts, parks and at City
facilities are functioning properly. During the annual testing process, over 40 of the
backflow devices in the City were unable to meet the certification requirements and
require maintenance to meet the minimum requirements. Many of the devices are over
30 years old and staff is evaluating the need to replace several of these devices in FY
19/20.
Staff has an agreement with Bernard D. Clarke, DBA Backflow Prevention Device
Tester (Clarke) to test and maintain the City’s backflow devices. Due to the larger than
anticipated quantity of devices that require maintenance work, the current Agreement
does not have enough balance remaining in the contract year to complete the repairs.
The Agreement with Clarke is for $15,000 annually, not to exceed $45,000 during the
total three-year term. The City is in the first year of the Agreement. Staff has prepared
an amendment to the Agreement to increase the contract balance by $20,000 for the
current contract year, which will increase the total contract balance from $45,000 to
$65,000.
FISCAL IMPACT
The estimated cost to complete the required repairs is $16,900. Staff has included
additional funding of $3,100 to the amendment should any unanticipated repairs be
identified. The funds for the repairs can be spread across and absorbed within the
Item: 10.E.
311
Honorable City Council
02/06/2019 Regular Meeting
Page 2
Landscape Maintenance District, Parks and Facilities maintenance budgets for Fiscal
Year 2018/19. No additional appropriation is being requested.
STAFF RECOMMENDATION
Approve Amendment No. 1 with Bernard D. Clarke, DBA Backflow Prevention Device
Tester; and authorize City Manager to execute the Amendment, subject to final
language approval of the City Manager.
Attachment - Agreement
312
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
BERNARD D CLARKE DBA BACKFLOW PREVENTION DEVICE TESTER FOR
BACKFLOW TESTING, REPAIR, AND CERTIFICATION SERVICES AT VARIOUS
LANDSCAPE MAINTENANCE DISTRICTS AND CITY PROPERTIES
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Bernard D Clarke, an individual, DBA Backflow
Prevention Device Tester (“Contractor”), for backflow testing, repair, and certification
services (“Agreement”), is made and entered into on this ___ day of
____________________, 201__.
RECITALS
WHEREAS, on May 31, 2018 the City and Contractor entered into an Agreement
to have the Contractor provide backflow testing, repair, and certification services at
various landscape maintenance districts and City properties; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from forty-five
thousand dollars ($45,000), by a value of twenty thousand dollars ($20,000), for a total
contract value of sixty-five thousand dollars ($65,000), and document said agreement to
amend by jointly approving Amendment No. 1 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing paragraph two in its
entirety as follows:
“Contractor shall perform the tasks described and set forth in
Exhibit C. Compensation for the services to be performed by Contractor
shall be in accordance with Exhibit C and Exhibit D. Compensation shall
not exceed the rates or value of thirty-five thousand dollars ($35,000) for
the initial period ending June 30, 2019, and fifteen thousand dollars
($15,000) annually thereafter, or a total contract value of sixty-five
thousand dollars ($65,000) for the total term of the Agreement, without a
written amendment to the Agreement executed by both parties. Payment
by City to Contractor shall be in accordance with the provisions of this
Agreement.”
II. Section 5, PAYMENT, is amended by replacing paragraph two in its entirety as
follows:
“The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
313
Exhibit C and Exhibit D, based upon actual time spent on the above tasks.
This amount shall not exceed thirty-five thousand dollars ($35,000) for the
initial period ending June 30, 2019, and fifteen thousand dollars ($15,000)
annually thereafter, or a total contract value of sixty-five thousand dollars
($65,000) for the total term of the Agreement, unless additional payment is
approved as provided in this Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the
Agreement shall remain in full force and effect.
In W itness W hereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK BERNARD D CLARKE, DBA BACKFLOW
PREVENTION DEVICE TESTER
_______________________________ _______________________________
Troy Brown
City Manager
Bernard D Clarke
Owner
Attest:
_______________________________
Maureen Benson, City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Page 2
Bernard D Clarke DBA Backflow Prevention Device Tester
314