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Staff Report.Howes Playlot Repair PREPARED BY: Jim Harbin Superintendent Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/15/2023 ITEM NO: 5 DATE: August 4, 2023 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Consider the Following Actions Regarding the Howes Play Lot Structure: a. Authorize the Town Manager to Execute a Purchase and Service Agreement with Ross Recreation Equipment to Replace Play Structure Equipment in an Amount of $115,884 Plus Five Percent for Unforeseen Repairs for a Total Agreement Amount not to Exceed $121,678; and b. Authorize an Expenditure Budget Adjustment in an Amount of $121,678 From Available General Fund Special/Capital Projects Reserve RECOMMENDATION: Consider the following actions regarding the Howes Play Lot structure: a. Authorize the Town Manager to execute a purchase and service agreement with Ross Recreation Equipment to replace play structure equipment at Howes Play Lot in an amount of $115,884 plus five percent for unforeseen repairs for a total agreement amount not to exceed $121,678 (Attachment 1); and b. Authorize an expenditure budget adjustment in an amount of $121,678 from available General Fund Capital/Special Projects Reserve BACKGROUND: Howes Play Lot is a neighborhood park situated between Thomas Drive and Howes Drive. The park is highly used by neighborhood families and school children as a stopping point between school and home travels. The park is equipped with a lighted pathway, large trees, benches, and play equipment. The play equipment consists of a tot swing, a tot slide, and youth playscape (intended for ages 5 to 12). PAGE 2 OF 3 SUBJECT: Howes Play Lot Structure DATE: August 4, 2023 BACKGROUND (continued): Beginning early January of 2023, the Town experienced torrential storms with extreme wind conditions after several years of drought in Northern California. As a result of these storms, tree damage occurred throughout the Town including two large Stone Pine trees that fell on the play structure at Howes Play Lot, destroying 70 percent of the equipment. Following the storms, Town contractors removed the fallen trees. Inspection revealed that the tot slide and swings were not damaged, but the youth play lot was a complete loss and could not be salvaged. DISCUSSION: Play lot equipment is highly regulated for safety and requires specially certified contractors to facilitate repair work to the play structures. The best practice and most efficient approach is to work with the original manufacturer to procure and install the equipment being replaced. Town Code Section 2.50.130(b)(6) authorizes the use of the cooperative purchasing agreement pursuant to the guidelines set forth in the Purchasing Policy. “When it is in the Town’s best interest, Departments may purchase goods or services through cooperative purchasing agreements of other governmental or public agencies. Use of cooperative purchasing agreements is encouraged as a way of obtaining goods and services by aggregating volume, securing value pricing, and reducing administrative overhead. Measured use of cooperative purchasing agreements can significantly reduce the time and resources needed to competitively bid goods and service contracts.” Using the National Purchasing Partners (NPPGov) cooperative procurement (Attachment 1), staff requested and received a quote from Ross Recreation Equipment, Inc. for the replacement of the youth lot equipment. Staff has submitted a claim to the Town’s insurance carrier for reimbursement of costs related to the storm damage repairs at the Play Lot. The claim is pending. Staff is requesting to move forward at this time using Town resources while the claim is pending because delivery of the playground equipment is estimated to have a 27-week lead time. CONCLUSION: Staff recommends using Town funds to execute a contract for replacement of the youth play structure at Howe’s Play Lot while the insurance claim is pending. Funds received from insurance will reimburse the Town resources used. PAGE 3 OF 3 SUBJECT: Howes Play Lot Structure DATE: August 4, 2023 FISCAL IMPACT: As it was mentioned before, funds received from insurance will reimburse the Town resources used. In addition to the budget adjustment recommended with this report, staff will bring forward a future budget adjustment action to Council to recognize the insurance reimbursement revenue. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Draft Purchase and Service Agreement with Exhibit A (NPPGov Cooperative Procurement Agreement) 2. Information on Ross Recreation Equipment from NPPGov