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HomeMy WebLinkAbout2014-034-05/20/2014-APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR THE PURCHASE OF SEALED-DESIGN, MEDIUM RESOLUTION 2014-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR THE PURCHASE OF SEALED-DESIGN, MEDIUM VOLTAGE ELECTRIC CIRCUIT SWITCHES FROM S&C ELECTRIC COMPANY WHEREAS; the City Electric Utility has, for many years, purchased and used sealed- design, medium voltage electric circuit switches that are designed for use where robust circuit- switching capability and reliability are of paramount importance ("Switches"); and WHEREAS, for the past twenty years, the City has purchased these Switches from the S&C Electric Company ("S&C") and from G&W Electric ("G&W"); and WHEREAS, over the years, the Electric Utility has experienced significant problems with G&W's Switches leaking sulfur hexafluoride, which is a gas used as an insulator in the Switches, creating both an environmental concern and operational issues; and WHEREAS, the Electric Utility has not experienced this same problem with S&C's Switches, which have proven to be much more efficient and reliable than G&W Switches; and WHEREAS, the Switches needed by the Electric Utility are currently manufactured by S&C and G&W; and WHEREAS, City Code Section 8-160(d)(1)b authorizes the City's Purchasing Agent to negotiate the purchase of equipment without utilizing a .competitive process where the Purchasing Agent determines that although that equipment is available from more than one responsible source, a 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, the Purchasing Agent has determined that using a source for the Switches other than S&C would result in the City purchasing a less reliable product that would substantially impede the City's delivery of electrical services to the public; and WHEREAS, as required by the City Code, the Purchasing Agent has submitted for the City Manager's approval his written justification for the purchase of the Switches from S&C without a competitive process; and WHEREAS, the Electric Utility needs to purchase five Switches, the total purchase price for which is over $200,000; and WHEREAS, the City Manager concurs in the Purchasing Agent's determination that it is in the best interests of the City that the needed five Switches be acquired from S&C as an exception to the competitive process; and _ 1 _ WHEREAS, City Code Section 8-161(d)(3) requires approval of this procurement by the City Council since it involves a purchase of more than M0,000; and WHEREAS, City Code Section 8-161(d)(4) provides that any procurement approved by the City Manager or the City Council as an exception to competitive purchasing requirements may be used as the basis for a negotiated purchase of additional quantities of the same materials or services within a period of five years. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF. FORT COLLINS that the City Council hereby approves the purchase of five Switches from S&C as an exception to the City's competitive procurement requirements for the reasons set forth herein and further authorizes the Purchasing Agent to negotiate additional purchases of Switches from S&C at any time during the next five years from the date of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of May, A.D. 2014. FoRT CO< Mayor ATTEST: City Clerk • 'O COt,GRPO 2