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Res 32-15 RESOLUTION NO. 32 - 15 A RESOLUTION OF THE CITY COINtMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING ACQUISITIONS WITH ELECTRIC MOTORS OF PALM BEACH NOT TO E-.\,,-CEED $50,000 FOR FISCAL YEAR 2015 FOR REPAIRS, REHABILITATION,AND PARTS RELATED TO SUBMERSIBLE PUMPS FOR RAW WATER WELLS, DECLARQ\TG BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT CONTINUED ACQUISITIONS FROM ELECTRIC MOTORS OF PALM BEACH IS IN THE BEST INTEREST OF THE CITY UNTIL SUCH TIME THAT SERVICES RELATED TO REPAIR, REHABILITATION, AND PARTS FOR WELLS IS COMPETITIVELY BID AND AWARDED. WHEREAS, Electric Motors of Pahaa Beach (hereafter ENIPB), in accordance with Section 36.02(B) Method of Acquisition, Written Quotation Method of the City Code of Ordinances, has over multiple solicitations provided the lowest quote for services;and WHEREAS,plicit fiscal year expenditures with E1\/FPB was $6,292.00; and WHEREAS, the cuinLdative multiple small expenditures to date for Fiscal Year 2015 with EI\1PB has already reached$23,636.15; and I WHEREAS, tlae City of Delray Beach Environmental Services Department recognizes that multiple small and unpredictable purchase acquisitions that are likely to occur over the course of the year xvill total over$25,000; and WHEREAS, exceeding this amount of spending requires prior Coia-irnission approval under Code of Ordinances, Chapter 36, Section 36.03(B), MmdorExceedillo$23,000 ill Any Fiscal gear";and WHEREAS, the City's Purchasing Department is in the process of preparing a procurement for pLunp related services; and WHEIREAS, in the interim, City of Delray Beach Environmental Services Department seeks approval to continue with acquisitions from EMPB for services related to pumps in an amount not to exceed $50,000 for Fiscal Year 2015., provided acquisitions are in accordance xvith Section 36.02(B) Method of Acquisition,Written Quotation Method of the City Code of Orditlances; and WHEREAS, Section 36.02(c)(11) —Best Interest Acquisitions, of the City s Code of Ordinances provides that the City m y 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 waiving the Sealed Competitive or the Written Quotation Method is iri the best interest of the City. 9 NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIT)' OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirtned 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--fiftlis affinnative vote, that the waiving the City's Sealed Competitive Method or Written Quotations Procurement Method is in the best interest of the City at this time; and further declares that acquisitions with Electric Motors of Palm Beach,in accordance with City's .Code of Ordinances Chapter 36, Section 36.03(B), "1 vlliple Acquisitims ft m) Vvidor Exceeding $25,000 in AiD; Fiscal Year,', in the amount not to exceed Fifty Thousand 00/100 dollars ($50,000) for Fiscal Year 2015, is in the best interest of the City. Section 3: This Resolution shall take effect May 21, 2015. PASSED AND ADOPTED by the City Comirission of the City D -ay cacti this the 20" day of May, 2015. A OR ATTEST: City Clerk 2 Res No. 32-15 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑ 36.03(A) $25,000 and above (4) Speciality Good 0 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract State of Florida (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Effective Date: Contract Term: Comments and Notes: Electric Motors of Palm Beach - Multiple purchases under $10,000 each. Bid solicitation upcoming. 7/13/2015 itwebapp/NovusAgenda/Preview.aspx?Item I D=8887&M eeti ngID=599 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 25, 2015 SUBJECT: AGENDA ITEM 9.E.- MEETING OF MAY 20.2015 RESOLUTION NO.32-15/BEST INTEREST RESOLUTION- ELECTRIC MOTORS OF PALM BEACH BACKGROUND Request consideration to approve FY 2015 acquisitions for repairs, rehabilitation, and parts related to submersible pumps for raw water wells from Electric Motors of Palm Beach in an amount not to exceed $50,000. The City's water treatment plant and 30 well fields are maintained by the Public Utilities Division/Utility Maintenance Group. This procurement is for the parts, repairs, and rehabilitation work related to submersible pumps for raw water wells and larger turbine pumps used at the water treatment plant. Pumps and motors range in size from 2 to 250 horsepower. The frequency of failures is unpredictable, and the cost of each repair varies. For example, in FY 2014 there were five failures, with total cost of $ 6,292. To date in FY 2015, there have been six failures with total expenditures of $23,636.15. Historically, the division has followed the City's purchasing ordinance by seeking quotes for each repair and then awarding the work to the lowest bidder. Due to superior price, Electric Motors of Palm Beach have been the lowest responsive bidder on several bids this year. Due to the increasing volume, Purchasing is currently preparing a procurement that will award a contract based on labor rates and markup for parts. This request is to insure compliance with the Code of Ordinances during the interim. Disapproval of this agenda request could result in the City paying more for these services by awarding future work to other than the lowest bidder. LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. FINANCIAL DEPARTMENT REVIEW http://itwebapp/NovusAgenda/Preview.aspx?Item ID=8887&MeetingID=599 1/2 7/13/2015 itwebapp/NovusAgenda/Preview.aspx?Item I D=8887&M eeti ngID=599 Finance recommends approval. DISCUSSION Approval of this request is not a waiver of any provision of Code of Ordinances, Chapter 36: the City's purchasing code adopted in November 2013. When single acquisitions over $25,000 occur, they will be submitted for Commission approval under the Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under the Code of Ordinances, Chapter 36, Sections 36.02(B), "Written Quotations Method" and 36.02(C) "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City Utility operations. FUNDING SOURCE Funding for repairs, rehabilitation, and parts related to submersible pumps will be from the Utility Maintenance account 441-5144-536-46.20. RECOMMENDATION Approve by majority vote the following motion: By motion, the Commission approves FY 2015 acquisitions for repairs, rehabilitation, and parts related to submersible pumps for raw water wells from Electric Motors of Palm Beach in an amount not to exceed $50,000, and further finds that such acquisitions are in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code of Ordinances, Chapter 36, including separate Commission approval for any individual transaction at $25,000 or above. http://itwebapp/NovusAgenda/Preview.aspx?Item ID=8887&MeetingID=599 212