Title
MOTION TO APPROVE THE PURCHASE OF POUR IN PLAY SURFACE AND CONCRETE CURBING UTILIZING PRICING ESTABLISHED BY THE OMNIA PARTNERS, PUBLIC SECTOR (FORMERLY U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE) CONTRACT # 2017001135, FOR A PURCHASE AMOUNT NOT TO EXCEED $60,147.59, PURSUANT TO SECTION 35.18(C)(5) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is regarding "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)(5) states that “Commodities or services that are the subject of contract with the state, its political subdivisions or other governmental entities including the United States Government, are exempt from this section.
- 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) 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. East Campus Elementary playground has reached its useful life. Additionally, the rubber surface has uneven areas due to uprooting of abutting trees. The City plans to enhance the playground in order to meet the new playground requirements for safety and impact absorbing materials.
The pour in play will provide the necessary flooring improvement to provide a leveled flat surface making it safe for the students to utilize.
2. On January 25, 2017, the City of Charlotte, North Carolina, as lead agency for Omnia Partners, Public Sector (formerly U.S. Communities Government Purchasing Alliance) issued RFP # 269-2017-028 for "Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products." KOMPAN was awarded the agreement for a five-year period beginning on May 3, 2017.
3. The parties amended the contract on July 1, 2022, to extend the term of the agreement by the first of two (2) two-year renewal terms.
4. The parties amended the contract on January 8, 2024, to extend the term of the agreement by the second of two (2) two-year renewal terms.
5. KOMPAN has provided a quote in the amount of $60,147.59 based on pricing established by Omnia Partners, Public Sector (formerly U.S. Communities Government Purchasing Alliance) Contract #2017001135, which includes various items under the contract pricing.
The quote includes Concrete Curbing which is not part of the main price list. However, per Kopan’s proposal, part of the the master agreement, Kompan has a Fixed Percentage Discount Section (Section 6, Form 3), where they specify the fixed discount per category. Concrete Curbing falls under the Services Category (Installation) and thereby qualifies for a minimum of a 5% discount. The City received a 6% discount.
6. Request Commission to approve the purchase of pour in play from KOMPAN utilizing pricing established pricing by Omnia Partners, Public Sector (formerly U.S. Communities Government Purchasing Alliance) Contract # 2017001135, for a purchase amount not to exceed $60,147.59, pursuant to Section 35.18(C)(6) of the City's Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $60,147.59
b) Amount budgeted for this item in Account No: $60,147.59 is available in Account No. 001-519-6001-546155-0000-000-0000- (R&M - Land Bldg - SCH Major Proj)
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project
|
Current FY |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
Revenues |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
Expenditures |
$60,147.59 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
Net Cost |
$60,147.59 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
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.