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HomeMy WebLinkAbout2009-054-06/02/2009-APPROVING AN EXEMPTION TO THE USE OF A COMPETITIVE PROCESS FOR A CONTRACT WITH POSITIVE ENERGY FOR A RESOLUTION 2009-054 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXEMPTION TO THE USE OF A COMPETITIVE PROCESS FOR A CONTRACT WITH POSITIVE ENERGY FOR A COMMUNITY BENCHMARKING PROGRAM TO REDUCE ENERGY USE WHEREAS, the City's 2009 Energy Policy establishes specific energy reduction goals including annual energy efficiency and conservation program savings of a least 1.5% of annual energy use; and WHEREAS, the City of Fort Collins Utilities seeks to purchase a community benchmarking program for the purpose of reducing energy use; and WHEREAS, the Positive Energy Home Energy Reporting System (the "Program") offers a new, proven and innovative approach to informing customers and motivating behavior changes; and WHEREAS, other utilities have used the Program and favorably recommended it; and WHEREAS, staff researched other programs and while other companies are exploring development of this type of program, this is the only known established program with documented results; and WHEREAS, the Program includes proprietary software that generates individualized reports and provides for data-mining and data collection to allow for analyzing historical energy use patterns; and WHEREAS, Article IV, Section 8-161(d)(1)b. of the City Code authorizes the Purchasing Agent to contract for material or services where, although there exists 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 although there exists 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 submitted the requisite justification for said determination to the City Manager for approval; and WHEREAS, the City Manager has reviewed and approved the justification for this procurement; and WHEREAS, Section 8-161(d)(3) requires the City Manager submit all procurements over Two Hundred Thousand Dollars ($200,000) to the City Council in an open meeting for final approval. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Purchasing Agent is hereby authorized to contract with Positive Energy for a community benchmarking program for the purpose of reducing energy use in the amount of $310,000 for the first year. Passed and adopted at a regular meeting of the Conc' of the City of Fort Collins this 2nd day of June A.D. 2009. Mayor ATTEST: City Clerk