1 RESOLUTION NO. 23-29,476
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
APPROVING A COOPERATIVE AGREEMENT WITH
PLAYPOWER, INC. DBA MIRACLE RECREATION FOR THE
RALPH FOY PARK TO DDLER REPLACEMENT PLAYGROUND
PROJECT.
THE COUNCIL OF THE CITY OF BURBANK FINDS THAT:
A. Section 1205 of the Burbank City Charter and Burbank Municipal Code section 2-2-116 provide that the City Council may waive formal competitive bidding by resolution, and approve alternate project delivery methods such as a “cooperative agreement” to the award public works construction projects when it is in the best interests of the City.
B. The cooperative agreement delivery method allows the City to utilize another public agency’s bid, which includes language that the public agency is bidding on behalf of the member of the Cooperative, nationwide. This reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide, thus eliminating much of the time needed for a bid solicitation process and thereby streamlining the project timeline.
C. The cooperative agreement delivery method is an acceptable and preferable method of procurement for playground equipment and installation, as each manufacturer provides proprietary equipment.
D. The cooperative agreement delivery method is optimal for these playgrounds because it provides the City with maximum flexibility to select a unique product at a reduced cost.
E. The toddler playground equipment at Ralph Foy Park is damaged and non-operable, and it is in the best interests of the City to utilize the selected cooperative agreement delivery method for the purchase, removal and installation of new playground equipment to save time and money.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. Pursuant to Burbank Municipal Code section 2-2-116(I) and (J), the City Council hereby approves performing the Project using the cooperative agreement method of project delivery. Accordingly, the City Council hereby waives the traditional competitive bidding process as outlined in Burbank Municipal Code § 2-2-116 as it is determined that the cooperative agreement delivery method accompanied by a competitive proposal solicitation process is in the best interests of the City.
2. The design plans for the installation of the toddler playground equipment at Ralph Foy Park, on file at the City Council Office and the Purchasing Division are approved with such modifications as may be deemed appropriate by the City Manager 23-29,476
2 or his designee.
3. This Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15302 of the State CEQA Guidelines, pertaining to replacement or reconstruction of existing structures and new construction of accessory structures, because the new structures and facilities will be located on the same site and will have substantially the same recreational purpose and capacity as the structures and facilities being replaced.
4. The current total construction estimate of the Project is $249,053.61, which is the total budget amount in the Ralph Foy Park Toddler Replacement Playground Project.
5. The City Manager or his designee is authorized to execute an agreement amendment with PlayPower, Inc DBA Miracle Recreation. This amendment pertains to the removal, purchase, and installation of the toddler playground equipment at Ralph Foy Park. The City Clerk is authorized to attest.
6. The Cooperative Agreement shall be retained as a permanent record.
PASSED and ADOPTED this 24th day of October, 2023.
_ s/Konstantine Anthony_________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_s/Kimberley Clark___________ By: _s/Jill Vander Borght_________ Kimberley Clark, City Clerk Jill Vander Borght Senior Assistant City Attorney
23-29,476
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the 24th day of October, 2023, by the following vote:
AYES: Mullins, Perez, Takahashi, Schultz, and Anthony.
NOES: None.
ABSENT: None.
_s/Kimberley Clark___________
Kimberley Clark, City Clerk