HomeMy WebLinkAbout2023-066-07/18/2023-APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR PURCHASE OF BIOSOLIDS DEWATERING POLYRESOLUTION 2023-066
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS
FOR PURCHASE OF BIOSOLIDS DEWATERING POLYMER FOR THE
DRAKE WATER RECLAMATION FACILITY
WHEREAS,Section 8-16l(d)(l)b.of the City Code authorizes the Purchasing Agent to
negotiate the purchase of supplies and services without utilizing a competitive bidding or proposal
process where the Purchasing Agent determines that although there is more than one source,the
competitive process cannot reasonably be used,or if used will result in a substantially higher cost to
the City,will otherwise injure the City’s financial interests,or will substantially impede the City’s
administrative functions or the delivery of services to the public;and
WHEREAS,Hydrofloc 1687 polymer from Aqua Ben Corporation (“Polymer”)is used for
biosolids dewatering at the Drake Water Reclamation Facility (“DWRF”);and
WHEREAS,Polymer continues to perform as expected,resulting in significant savings for the
City in biosolids hauling cost and time;and
WHEREAS,the DWRF National Pollutant Discharge Eliminations System (“NPDES”)permit
expired in 2021,resulting in an administrative extension;and
WHEREAS,the Colorado Department of Public Health and Environment (“CDPHE”)prohibits
modifications to chemicals such as the Polymer for administratively extended NPDES permits;and
WHEREAS,a change to a different Polymer would require an NPDES permit modification;and
WHEREAS,the date of renewal for the DWRF NPDES permit is unknown;and
WHEREAS,upon renewal of the DWRF NPDES permit,a competitive process will be
initiated for selection and purchase of Polymer;and
WHEREAS,the 2023 estimated remaining cost for Polymer is $200,000;and
WHEREAS,the estimated annual Polymer costs for future years is expected to range
between $300,000 and $450,000 depending on market price and seasonal fluctuation;and
WHEREAS,the Purchasing Agent determined that although there is more than one source
for Polymer,the competitive process,if used,would result in a substantially higher cost to the City,
would otherwise injure the City’s financial interests,and would substantially impede the City’s
administrative functions or the delivery of services to the public;and
WHEREAS,the Purchasing Agent and other City staff recommend the adoption of this
Resolution;and
WHEREAS,the Purchasing Agent submitted the requisite justification to the City Manager for
approval;and
WHEREAS,the City Manager reviewed and approved the justification for this acquisition;and
WHEREAS,Section 8-161(d)(3)of the City Code requires prior approval of this purchasing
method by the City Council for all procurements which exceed $200,000.
NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2.That the City Council hereby approves the purchase of a three-year contract
extension for Aqua Ben Corporation,as an exception to the City’s competitive purchasing process
requirements,for the reasons set forth herein.
Section 3.That the Purchasing Agent may use this approval,as authorized in City Code
Sections 8-1 6l(d)(4),as the basis for negotiating the additional purchase of Polymer until renewal of
the DWRF NPDES permit,but not to exceed five years.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day
of July,2023.
ATTEST:
Deputy City Clerk
Al
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