HomeMy WebLinkAbout2018-033-04/03/2018-APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR AN AGREEMENT WITH ITRON DISTRIBUTED E RESOLUTION 2018-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS
FOR AN AGREEMENT WITH ITRON DISTRIBUTED ENERGY MANAGEMENT, INC.
FOR DEMAND RESPONSE SERVICES
WHEREAS, Section 8-161(d)(1)(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, in 2013, the City utilized a competitive process to select Comverge, Inc.
("Comverge") to provide demand response services for the City's Peak Partners energy
conservation program (the "Services"); and
WHEREAS, Comverge provided the Services until 2017, when it was acquired by Itron
Distributed Energy Management, Inc. ("Itron"); and
WHEREAS, in 2017, Itron assumed Comverge's rights and obligations under the City's
agreement with Comverge, and continues to provide the Services to the City; and
WHEREAS,the City desires to continue to utilize the Services provided by Itron, which is
in the City's best interest and will save significant time and cost; and
WHEREAS, the City's current agreement with Itron is set to expire in December 2018,
and City staff desire to negotiate with Itron for a scope of work for 2019 and 2020, and subject to
appropriation, enter into an agreement with Itron without undertaking a competitive purchasing
process; and
WHEREAS, the annual cost for the Services in 2018 is approximately $594,655, and said
funds are appropriated and available; and
WHEREAS, funding for any agreement with Itron for 2019 and 2020 is expected to exceed
$200,000 and will be requested through the Budgeting for Outcomes (`BFO") process; and
WHEREAS, the City's Purchasing Agent has determined that although there is more than
one source for demand response services, 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 City Purchasing Agent and other City staff recommend the adoption of
this Resolution; and
1 C
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. a
Section 2. That the City Council hereby approves the negotiation and execution of an
agreement with Itron for 2019 and 2020, as an exception to the City's competitive purchasing
process requirements, for the reasons set forth herein. Any agreement shall be subject to the BFO
process and appropriation by City Council.
Section 3. That the Purchasing Agent may use this approval, as authorized in City
Code Section 8-161(d)(4), as the basis for negotiating the additional purchase of services from
Itron for up to five one-year terms extending through December 2023.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of April, A.D. 2018.
Mayor
ATTEST
OF PART
?r
City C rk 0
/ o%.,
6
`�QAno
-2-
I