Res 52-14 RESOLUTION NO. 52-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE PURCHASE TOILET PAPER, PAPER
TOWELS AND OTHER SUPPLIES FROM ARMCHEM, INC; DECLARING BY A
FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE
METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE
PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 6 the Finance department was informed that restrooms at several of the City's
recreational facilities were currently, or were soon to be, out of toilet paper and paper towels;and
WHEREAS, investigation revealed that these paper supplies are part of a system that required
compatibility with installed proprietary dispensers and as such qualify as "City Standard" under section
36.02(C)(6)b of the City's purchasing code;and
WHEREAS, based on the Chief Financial Officer's recommendation the City Manager authorized
immediate purchases from the single available vender, Armchem International, under the "service outage" and
"immediate danger to human health"provisions of code section 36.02(C)(5) Emergency Acquisitions;and
WHEREAS, subsequent Legal review found that the facts did not warrant emergency status; and
WHEREAS, purchases from Archein in FY 2014 had already totaled $41,117.68, in violation of code
section 36.03(B);and,
WHEREAS, purchases from Archem in FY 2014 are likely to total as much as $50,000.00, in violation
of code section 36.03(B);and;
WHEREAS, utilization of the City's competitive procurement methods for the purchase of toilet
paper, paper towels and other supplies is not practical or cost effective due to the City's immediate need for
supplies; and
WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire
or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the
Wiitten Quotation Method where the City Coirnnission declares by at least a four-fifth (4/5) affirmative vote
that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Resolution.
Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-
fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method
is not in the best interest of the City. The City Commission declares that the acquisition of up to $ 50,000.00
of toilet paper,paper towels and other supplies is in the best interest of the City,
Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the
aims of this Resolution.
Section 4: This Resolution shall take effect immediately upon adoption.
�t PASSED AND ADOPTED by the City Commission of th i f Delray Beach this the t'�—day
of 32014.
MAYOR
ATTEST:
\v� ty Clerk
2
Res No. 52-14
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•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Jack Warner, Chief Financial Officer
THROUGH: Terry Stewart, Interim City Manager
DATE: August 12, 2014
SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF SEPTEMBER 16,201
RESOLUTION NO.52-14;RETROACTIVE APPROVAL OF PRIOR PURCHASES AND
INCREASE EXPENDITURE LIMIT FOR FY 2013-2014/ARMCHEM INTERNATIONAL
BACKGROUND
The Finance Department seeks retroactive approval of prior purchases of$ 41,117.68, and prospective
authorization to purchase up to a total of $50,000 of toilet paper and other supplies from Armchem
International for FY 2014. This approval is sought under Code of Ordinances Section 36.02(C)(11)
Best Interest Acquisitions.
On August 6 the Finance department was informed that restrooms at several of the City's recreational
facilities were currently, or were soon to be, out of toilet paper,paper towels and other supplies.
Investigation revealed that the paper supplies are part of a system that required compatibility with
installed proprietary dispensers and as such qualify as "City Standard" under section 36.02(C)(6)b of
the City's purchasing code. Archem qualifies as the sole source of the supplies under Section 36.02(C)
(6)(a) Sole Source.
Subsequent Legal review necessitated this request as a"Best Interests" authorization.
With the expectation that additional purchases will be required during the remainder of the fiscal year,
we are requesting authorization for total FY 2014 purchases from Armchem of$50,000.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval.
DISCUSSION
TINHNG OF THE REQUEST
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This item is time sensitive, as the amount expended with this vendor has exceeded the threshold.
FUNDING SOURCE
Funding is available from multiple budgets.
RECOMMENDATION
Finance recommends approval to expend up to a total of $50,000 in FY 2014 with Archem
International. This approval is sought under Code of Ordinances Section 36.02(C)(11) Best Interest
Acquisitions.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8294&MeetingID=523 11/14/2014
RESOLUTION NO. 52-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE PURCHASE TOILET PAPER, PAPER
TOWELS AND OTHER SUPPLIES FROM ARMCHEM, INC; DECLARING BY A
FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE
METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE
PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 6 the Finance department was informed that restrooms at several of the City's
recreational facilities were currently, or were soon to be, out of toilet paper and paper towels; and
WHEREAS, investigation revealed that these paper supplies are part of a system that required
compatibility with installed proprietary dispensers and as such qualify as "City Standard" under section
36.02(C)(6)b of the City's purchasing code; and
WHEREAS, based on the Chief Financial Officer's recommendation the City Manager authorized
immediate purchases from the single available vender, Armchem International, under the "service outage" and
"immediate danger to human health" provisions of code section 36.02(C)(5) Emergency Acquisitions;and
WHEREAS, subsequent Legal review found that the facts did not warrant emergency status; and
WHEREAS, purchases from Archem in FY 2014 had already totaled $41,117.68, in violation of code
section 36.03(B); and,
WHEREAS, purchases from Archem in FY 2014 are likely to total as much as $50,000.00, in violation
of code section 36.03(B); and,
WHEREAS, utilization of the City's competitive procurement methods for the purchase of toilet
paper, paper towels and other supplies is not practical or cost effective due to the City's immediate need for
supplies;and
WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire
or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the
Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote
that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Resolution.
Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-
fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method
is not in the best interest of the City. The City Commission declares that the acquisition of up to $ 50,000.00
of toilet paper, paper towels and other supplies is in the best interest of the City.
Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the
aims of this Resolution.
Section 4: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day
of . 2014.
MAYOR
ATTEST:
City Clerk
2
Res No. 52-14