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HomeMy WebLinkAboutE-10 Staff Report - Approve Homerun Fence purchaseCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SEGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: OCTOBER 19, 2020 SUBJECT: APPROVE THE PURCHASE OF SPORTAFENCE WHEELED SYSTEMS PORTABLE FENCE SECTIONS BACKGROUND: With the Azusa Raiders Football program moving from Northside Park to Memorial Park, the existing homerun fence needed to be removed to accommodate a regulation size football field. The Softball program was also moved to Northside Park which currently has no homerun fence. While removing the existing homerun fence at Memorial Park, staff encountered several issues which resulted in panels being damaged or post foundations being pulled from the ground. The purchase of the portable fences for Memorial Park and Northside Park will allow for more versatility while trying accommodating various sports programs and tournaments. Installing and removing the fence will also be less strenuous on City staff and require less working hours. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Waive purchasing procedures as authorized under Azusa Municipal Code Section 2.520(b), Sole source purchases, and approve the purchase of the SportaFence Wheeled Systems in the amount not to exceed $75,068.96 from SportaFence Marketing Enterprises, LLC. 2)Authorize the City Manager to execute a purchase agreement with SportaFence Marketing enterprises, LLC for the purchase of the SportaFence Wheeled Systems and proposed attachments. APPROVED CITY COUNCIL 10/19/2020 SportaFence Portable Fence Purchase October 19, 2020 Page 2 ANALYSIS: With the Azusa Raiders Football program moving from Northside Park to Memorial Park, the existing homerun fence needed to be removed to accommodate a regulation size football field. The Softball program was also moved to Northside Park which currently has no homerun fence. While removing the existing homerun fence at Memorial Park, staff encountered several issues which resulted in panels being damaged or post foundations being pulled from the ground. The purchase of the portable fences for Memorial Park and Northside Park will allow for more versatility while trying accommodating various sports programs and tournaments. Installing and removing the fence will also be less strenuous on City staff and require less working hours. The baseball field at Memorial Park is host to a number of leagues and tournaments which would result in a loss of revenue if a homerun fence is not in place. Similarly, the fields at Northside Park are utilized by various sports leagues outside of softball season. It is estimated that the revenue over several years would cover the cost of the portable fence systems. The City’s purchasing procedures allow for the acquisition of unique commodities that can only be obtained through one vendor. In this case, SportaFence Marketing Enterprises, LLC was able to provide the City with a Sole Source memorandum which explains their products’ United States Patent. FISCAL IMPACT: If approved by Council, staff will utilize the Capital and Infrastructure Replacement Reserve Fund, account number 46-000-000-000-7140 for the $75,068.96 purchase of the SportaFence Wheeled Systems’ portable fence, leaving an approximate remaining balance of $296,282 in the Reserve account for future projects. Prepared by: Reviewed and Approved by: Robert Delgadillo, P.E. Sergio Gonzalez Director of Public Works/ City Manager City Engineer Fiscal Impact Reviewed by: Talika M. Johnson Director of Administrative Services Attachments: 1)SportaFence Marketing Enterprises, LLC Sales Quote 2) SportaFence sole Source Memorandum 3)SportaFence Product Warranty Quote NO. DATE TO SALESPERSON JOB SHIPPING METHOD SHIPPING TERMS DELIVERY DATE Dan Gentry City of Azusa Ground TBD 25% deposit at time of order =$18,643.14 75% payment at completion by the factory =$55,929.43 Total Amount =$74,572.58 QTY ITEM #UNIT PRICE Upgrade LINE TOTAL w/o Upgrade 38 101 695.00$ 26,410.00$ 2 110 $40.00 80.00$ 57 101 695.00$ 39,615.00$ 2 110 $40.00 80.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 66,185.00$ SALES TAX 9.5%6,287.58 DELIVERY CHARGE 2,100.00 TOTAL 74,572.58$ Note: At the time of delivery the client will need to provide a fork lift to off load the portable fencing system. Make all checks payable to SportaFence Marketing Enterprises LLC Sales Quote is good for 30-days! (916) 715-6287 DESCRIPTION SALES QUOTE 1007201 October 7, 2020 5201CUSTOMER ID SportaFence Marketing Enterprises, LLC. Dan Gentry, President 2058 Ladera Dr. dgentry@sportafence.com Lincoln, CA 95648 PAYMENT TERMS SportaFence wheeled system 6' X 10' Portable Fence Sections with black coated wire and yellow safety topper. Wheeled panel - Leverage tool SportaFence wheeled system 6' X 10' Portable Fence Sections with black coated wire and yellow safety topper. Wheeled panel - Leverage tool Marc Gonzales, Recreation Superintendent City of Azusa 320 N. Orange Place Azusa, CA 91702 O: (626) 812-5201 mgonzales@azusaca.gov Azusa, CA 91702 Note: At the time of delivery the client will need to provide a fork lift to off load the portable fencing system. Delivery Time: Approximately 5-8 weeks from time of order. Order will be place as soon as a Purchase Order is received. The Factory will make every effort to compete and ship the order sooner than the 5-8 weeks, but cannot guarantee an early completion date at this time. SHIP TO SportaFence specifications: 1.6' x 10' portable fence sections 2. Segments are inter-locking chain link panels with connectors that secure the panels together to form one continuous fence. 3. Panels are constructed of 1 5/8" galvanized steel piping and weigh no less than 175 lbs. per panel. 4. The fencing material is 8-gauged black vinyl coated chain link wire. 5. Each panel has 1 ½” solid core retractable wheels (4 wheels per panel). 6. Each panel has a yellow safety topper cut to size but not installed. 7. Able to take a 500 lbs front impact without falling over 8. Portable outfield sports fence that is not secured into the ground and can withstand a 50 mph wind from the front side of the fence and 30 mph wind back side of the fence 9. Production time of panels are 5-8 weeks from when a purchase order is issued. 10. Manufacture warranty is one year unlimited and five years limited warranty. XXXXXX XXXXXX -$75,068.96 - $6,783.96 (10.25%) Attachment 1 September 3, 2020 Robert Delgadillo, Public Works Director City of Azusa 320 N. Orange Place Azusa, CA 91702 Re: SportaFence Sole Source Dear Robert, SportaFence obtained patent from the United States Patent (NO: US 9,822,549 B2) and Trademark Office on November 21, 2017 that is good for 18 years (2035). The patent abstract statement: A portable fence system comprising a plurality of interlocking fence unity. Each fence unit has a main frame and a least one wheel assembly deployable from a withdrawn position to an extended ground-engaging position for rolling. A fence member is pivotally affixed to a forward portion of the main frame. The fence member may be lowered into a horizontal position for storage and raised into a vertical position for use. Downwardly and rearwardly inclined braces extend from a top portion of the fence member to the rear edge of the frame. Protective coverings are placed on portions of the fence member to prevent injuries from impact therewith. Couplers are provided along opposing side portions of the fence member, so that adjacent fence units may be interconnected and arranged to provide the desired length and configuration for the fence system. Currently, there are no other products on the market with the combinations of stability, durability, and ability to be moved on built-in adjustable wheels. SportaFence Research o SportaFence is the only commercial grade portable high impact (up 500 lbs. of impact - front) chain link outfield fence on the market of this quality. o SportaFence is the only portable outfield sports fence that is not secured into the ground and can withstand a 50 mph wind - front. o SportaFence is the only portable outfield sports fence that is five or six feet high. o SportaFence is the only portable outfield sports fence that is adjustable on wheels that allow’ outfields to be easily moved to variable field measurements. o SportaFence is not aware of any product that is manufactured with the same material and combination of components. o It is not likely that the City of Azusa would receive two competitive bids that meet the design and combination of materials and utility that is offered by SportaFence product. The Lackland Airforce Base, City of Medford, Oregon, San Leandro School District, St. George, Utah, Wichita Public Schools, Kanas, Louisiana State University (LSU) and the Military in South Korea all did formal bids for our product and no other company could bid on the project. SportaFence as described above is a sole source with conditions unique to its specific design and construction. SportaFence has also been purchase as a sole source for the Military at Naval Air Station Sigonella, Italy and US Army Wiesbaden Germany and many other government organizations. Therefore, it is not likely that the City of Azusa would receive two competitive bids that meet the design and combination of materials and utility that is offered by SportaFence product. Regards, Dan Gentry, President/Owner SportaFence Marketing Enterprises, LLC. 2058 Ladera Drive Lincoln, CA 95648 (916) 715-6287 dgentry@sportafence.com Attachment 2 Maintenance Suggestions: There is minimum upkeep for SportaFence. However, several items should be checked annually. The framework is galvanized, but the welds are not. After the frame is welded together, all of the welds are cleaned, primed and painted to match the silver color of the frame. There will be some rusting of the welds which can be cleaned up with a wire brush and touched -up from time to time as needed. The wheels have a Zerk fitting that should be greased annually, at the beginning of each year. The fence panel should be checked to make sure that all the tie wires that hold the fence fabric to the frame are tight and have not broken off. Loose ties can be tighten with pliers. Annually, inspect the bands that hold the fabric to the frame on each end of each panel, ensuring that the nuts are tight and that the bar that runs through the end of the chain link fab- ric has not slipped down. If this is the case then the bar should be put back into proper position and the nuts tightened. Storage Suggestions: For Sportafence winter storage, pull the bolt out of the top of each brace and fold them down, so they lay along the back of the base frame. Note: When the pins are removed, the fence panel will be unsup- ported. Prior to removing pins, have bracing ready. Pull the pins that hold the base frame to the fence panel. After pulling the pins, the fence panel and base frame will pull apart along with the two wheel axles. The fence panels may be stacked in a loca- tion suitable for storage. All of the frames are inter- changeable so SportaFence panels may be easily be reassembled for the sport season or special event. SportaFence shipping rack can be used for storage. “Fencing Without Boundaries” Product Warranty SportaFenceTM System Product Description and Coverage The SportaFenceTM portable outfield fence is constructed of commercial-grade fencing materials to provide many years of successful opera- tion as an outfield fence for baseball, softball, little league, youth league baseball, and temporary fencing for special events. This revolution- ary new patent-pending device is designed to sustain the “game like” impacts that may normally occur during the course of baseba ll or soft- ball games. It is also designed to absorb normal and routine contact when used as a barrier for special event uses. The SportaFenceTM device is primarily designed for the purpose of functioning as a portable temporary fencing or barrier system for special events and as a portable outfield fence for baseball and/or softball diamonds. As such, the use of the SportaFence TM for other non-compatible purposes for which it was not designed or intended may void this warranty. This warranty agreement guarantees that the SportaFenceTM will function as intended and the manufacturer will fix, repair, and/or replace defective part(s) should the parts cease to function through normal and reasonable use, movement, transit or transportation of the Sporta- FenceTM product. Normal and reasonable use is defined herein as using the SportaFenceTM as a portable outfield fence device during sporting events such as baseball or softball at any level of play (youth leagues, Little Leagues, high school, college, tournaments, etc). When using the wheel system as intended, the SportaFenceTM can be moved in single unit panels or in multiple unit panels; however, the manufacturer recommends no more than a maximum of five panels be moved at a time. Transport is expected to be across reasonably smooth, flat, and level ground without impediments; ground conditions which are consistent with typical smooth and level mani cured athletic fields. Please note, the SportaFenceTM is not designed to carry the additional weight of any materials, objects, or persons. Terms on Coverage Parts guaranteed and covered by this warranty agreement include the SportaFenceTM frame, the barrier fabric (typically made of chain link material), the bracing system, the wheel system, the wheels, the connecting rods, the welds, and the nuts and bolts holding t he device together. The manufacturer of the SportaFenceTM device will unconditionally replace or repair any of the above for a period of one year from the date of delivery provided said damage was not attributed to said exclusions noted above. Please note, any attendant or additional charges, fees, taxes, or tariffs (such as shipping fees) may be the responsibility o f the buyer or owner, user, or person requesting warranty coverage of the SportaFenceTM device. Such charges are not included as a part of this warranty agree- ment, and the responsible party may be asked to cover such expenses in advance and prior to delivery or repair of the damaged part(s). After the first year (one calendar year from the date of delivery) the cost of repair and/or replacement of parts will be cov ered on a prorated basis. For the purposes of this warranty, the costs shall be allocated as follows:  2nd year: Manufacturer shall pay for 75% of the eligible retail costs of replacement and/or repair.  3rd year: Manufacturer shall pay 50% of the eligible retail costs of replacement and/or repair.  4th year: Manufacturer shall pay 25% of the eligible retail costs of replacement and/or repair. Cost of repair shall be determined by market conditions of materials or labor at the time of damage, and not based on the cost of materials at the time of manufacture as materials for the construction of the SportaFenceTM can and do fluctuate depending on various market forces beyond the control of the manufacturer. Filing Requirements for Warranty Coverage Photos and a detailed description of the damage and date of occurrence, and a detailed explanation of the circumstances under which the dam- age occurred are necessary to determine eligibility of coverage under this warranty. Information must be submitted to SportaFence Marketing Enterprises, L.L.C. at 2058 Ladera Dr., Lincoln, California 95648. Exclusions Repairs, replacement, or damages under this warranty may exclude certain conditions for which the manufacturer of the SportaFenceTM device will not be held liable or responsible. These certain conditions include but are not limited to the following:  Moving the SportaFenceTM over rough and uneven ground.  Moving the SportaFenceTM over undulated surfaces (such as dips, hills, rises, curvatures).  Moving the SportaFenceTM over curbs, gutters, speed bumps, railings, railroad tracks, or any other similar impediments that would make an otherwise flat surface unsmooth or uneven.  Hitting baseballs or softballs into the fence from a short distance intentionally or unintentionally as in games of "pepper" or using it as a barrier for batting practice or toss up or any such close range activity where a baseball or softball or any other hard object could be di- rected into the SportaFenceTM from the front or the back and thus cause damage to the fabric or frame or any other part of the device.  Deliberately throwing baseballs, softballs, or any other hard object into the SportaFenceTM at close range and with enough force or poten- tial force to dent, damage, bend, disable, or deface. This includes using the SportaFenceTM for a backstop when warming up throwing arms or pitching or any other circumstance that could cause a ball to be thrown into the fence intentionally or not except for activity that occurs during the normal course of a baseball or softball game.  Collisions with the fence with other than a human body during normal playing conditions. The SportaFenceTM is designed to withstand the force of a human body running or colliding with it under normal playing conditions. Purposely running into, colliding with, or impacting the fence from the "backside" or non-playing side, climbing on the fence, having multiple persons colliding with, impacting, sitting on, or otherwise inappropriately making contact with the fence.  Impacts from non-human sources such as but not limited to bats, pipes, clubs, spikes, rocks, stones, wood, lumber, cars, trucks, carts, concrete, lawnmowers, picks, shovels, hammers, blades, cutters, shears, barriers, or any other hard object or objects capable of denting, scratching, bending or damaging the SportaFenceTM in any way not otherwise listed whether said object is known to be capable of causing damage or the SportaFenceTM or not.  Damage from vandalism, weather conditions or unforeseen "natural" event or "acts of god" which are beyond the control of the buyer or manufacturer (e.g. tornadoes, hurricanes, lightening, earthquakes, or any other severe weather-related condition). SportaFence Marketing Enterprises, LLC. 2058 Ladera Dr., Lincoln, California 95648 www.sportafence.com (916) 715-6287