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HomeMy WebLinkAboutAGENDA REPORT 2021 0217 CCSA REG ITEM 10ECITY OF MOORPARK, 
CALIFORNIA City Council Meeting of February 17, 2021 ACTION Approved Staff Recommendation. BY B.Garza. E. Consider Amendment No. 2 to Agreement with Bernard D. Clarke, DBA Backflow Prevention Device Tester for Backflow Device Repairs. Staff Recommendation: Approve Amendment No. 2 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. (Staff: Jeremy Laurentowski) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 02/17/2021 Regular Meeting SUBJECT: Consider Amendment No. 2 to Agreement 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’s landscape maintenance districts, parks, and facilities are functioning properly. During the annual testing process, over 20 of the backflow devices in the City were unable to meet the certification requirements. Various repairs are needed to the devices in order for them to meet the minimum requirements. Many of the failed devices are over 30 years old and staff is evaluating the need to replace several of these devices in Fiscal Year (FY) 2021/22. Staff has an agreement with Bernard D. Clarke, DBA Backflow Prevention Device Tester (Clarke), to test, and if necessary, make repairs to the failed backflow devices. Due to the sheer quantity of failed devices, the current agreement does not have enough balance remaining for Clarke to complete the repairs. The agreement provides $15,000 for contractual services in FY 2020/21. Staff has prepared an amendment to the agreement to increase the contract balance by $8,000 to cover repairs. This will increase the total contract balance to $73,000 for the total three-year term ending June 30, 2021. FISCAL IMPACT The estimated cost to complete the required repairs is $6,850. Staff has included additional funding of $1,150 to the amendment should any unanticipated repairs be identified. The funds for the repairs can be absorbed within the Landscape Maintenance District, Parks and Facilities maintenance budgets for Fiscal Year 2020/21. No additional appropriation is being requested. Item: 10.E. 60 Honorable City Council 02/17/2021 Regular Meeting Page 2 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Amendment No. 2 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 Amendment No. 2 61 AMENDMENT NO. 2 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. 2 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 ____________________, 2021. 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, on March 4, 2019 the City and Contractor amended the Agreement to increase the compensation for services to be performed by Contractor from forty-five thousand dollars ($45,000), to a total contract value of sixty-five thousand dollars ($65,000); and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from sixty-five thousand dollars ($65,000), by a value of eight thousand dollars ($8,000), for a total contract value of seventy-three thousand dollars ($73,000), and document said agreement to amend by jointly approving Amendment No. 2 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, fifteen thousand dollars ($15,000) for the median period ending June 30, 2020, and twenty-three thousand dollars ($23,000) for the final period ending June 30, 2021, for a total contract value of seventy-three thousand dollars ($73,000) 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.” ATTACHMENT 62 Amendment No. 2 to Agreement between City of Moorpark and Page 2 Bernard D Clarke DBA Backflow Prevention Device Tester 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 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, fifteen thousand dollars ($15,000) for the median period ending June 30, 2020, and twenty-three thousand dollars ($23,000) for the final period ending June 30, 2021, for a total contract value of seventy-three thousand dollars ($73,000) 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. 2, 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: _______________________________ Ky Spangler, City Clerk 63