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File #: 25-1585    Version: 1 Name: Sole Source Purchase of NexGen Chlorine Generator Retrofit
Type: Purchase Status: Passed
File created: 5/6/2025 In control: City Commission
On agenda: 6/18/2025 Final action: 6/18/2025
Title: MOTION TO APPROVE THE AGREEMENT WITH SOLE SOURCE VENDOR, COMMERCIAL ENERGY SPECIALISTS (CES) FOR THE PURCHASE AND INSTALLATION OF THE NEXGEN CHLORINE GENERATOR RETROFIT AT THE ACADEMIC VILLAGE POOL, IN AMOUNT NOT TO EXCEED $140,282.92, PURSUANT TO SECTION 35.18(C)(3) OF THE CITY’S CODE OF ORDINANCES.
Sponsors: Recreation and Cultural Arts
Attachments: 1. 1. Commercial Engercy Specialists Agreement - NexGen, 2. 2. Exhibit A - Commercial Energy Specialists Quote, 3. 3. Executive Summary RE-NTSS-25-07 NexGen Chlorine Generator, 4. 4. Spec Sheet NEXGEN 80-R

Title

MOTION TO APPROVE THE AGREEMENT WITH SOLE SOURCE VENDOR, COMMERCIAL ENERGY SPECIALISTS (CES) FOR THE PURCHASE AND INSTALLATION OF THE NEXGEN CHLORINE GENERATOR RETROFIT AT THE ACADEMIC VILLAGE POOL, IN AMOUNT NOT TO EXCEED $140,282.92, PURSUANT TO SECTION 35.18(C)(3) OF THE CITY’S CODE OF ORDINANCES.

 

Summary Explanation and Background

PROCUREMENT PROCESS TAKEN:

 

- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”

 

-  Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."

 

-  Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"

 

-  Section 35.18(C)(3) states, "City Standard, single-source and sole-source commodities or services. City standard, single-source and sole-source commodities or services are exempt from competitive bidding."

 

-  Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."

 

- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."

 

- Section 35.21(A)(1) of the City’s Code of Ordinance states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."

 

SUMMARY EXPLANATION AND BACKGROUND:

 

1. The current chlorine generation system at the Academic Village Pool is over 13 years old and has reached the end of its useful life. It suffers from significant corrosion issues and is frequently out of service due to persistent leaks and the need for constant repairs. These ongoing maintenance problems have led to increased operational costs, reduced reliability, and an elevated risk of service disruption. In order to maintain consistent water sanitation and meet safety and health code requirements, it is necessary to replace the failing system. The NexGen80R offers a direct, cost-effective solution by eliminating the need for expensive infrastructure changes while restoring and improving the facility’s chlorination capabilities.

 

The Pembroke Pines Recreation Department proposes the purchase of the NexGen80R Chlorine Generator Retrofit for the Academic Village Pool. The NexGen80R is a direct retrofit of the existing Chlorine Generator that was specifically built for the Academic Village pool. The proposed system integrates seamlessly with the current installation and is skid-mounted, pre-wired, and fully assembled for simple replacement. No other system offers this exact compatibility without additional modifications to the existing plumbing and electrical infrastructure.

 

Additionally, the NEXGEN-80R is a unique and highly advantageous system to acquire due to its ability to generate chlorine on-site and on demand, eliminating the need for storing or transporting hazardous bulk chemicals. This not only significantly reduces safety risks and liability but also lowers operational costs associated with chemical delivery and storage compliance. Its reverse polarity design minimizes electrode scaling, reducing maintenance downtime and extending the lifespan of the unit.

 

2. The Pembroke Pines Recreation Department obtained a sole source letter from ChlorKing, the manufacture and patent holder for the ChlorKing saline chlorination systems, NexGen on-site chlorine generators, indicating that Commercial Energy Specialists (CES) as the sole authorized provider and installer of the product in Florida.

 

3. Commercial Energy Specialists (CES) has provided a quote for the work to be performed, for a total cost of $140,282.92. 

 

4.  On May 6th, 2025, the Procurement Department issued Notice of Intent to Award a Sole Source Procurement (NTSS) # RE-NTSS-25-07 “NexGen Chlorine Generator Retrofit" for the Academic Village Pool in order to give vendors the opportunity to come forward if they did not agree that this proposed purchase is a sole source. Responses to RE-NTSS-25-07 “NexGen Chlorine Generator Retrofit" for the Academic Village Pool were due on May 13th at 10:00am, and no responses were received.

 

5. The Recreation and Cultural Arts Division requests City Commission to approve the installation of the NexGen Chlorine Generator Retrofit at the Academic Village Pool, from the sole source vendor, Commercial Energy Specialists (CES), in an amount not to exceed $140,282.92, pursuant to Section 35.18(C)(3) of the City’s Code of Ordinances.

 

Financial Impact

FINANCIAL IMPACT DETAIL:

 

a)   Initial Cost: $140,282.92.

b)   Amount budgeted for this item in Account No:  $140,82.92 is available for NexGen80R Chlorine Generator Retrofit at the Academic Village Pool in account # 001-572-7001-664400-0000-000-0000-Other Equipment.

c)   Source of funding for difference, if not fully budgeted: Not Applicable.

d)   5 year projection of the operational cost of the project Not Applicable.

e)   Detail of additional staff requirements:  Not Applicable.

 

FEASIBILITY REVIEW:

A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts.  This analysis is to determine the financial effectiveness of function sourcing services.

 

a)   Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service?  Not Applicable.

b)   If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.