HomeMy WebLinkAboutRES NO 148-2020RESOLUTION NO.
148-'2020.
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PROCUREMENT
OF EIGHT (8) SOLAR GENERATING SYSTEMS
AND THREE (3) ENERGY STORAGE SYSTEMS
FROM FFP BTM SOLAR, LLC, (FOREFRONT
POWER) AND AUTHORIZING THE USE OF
COOPERATIVE PROCUREMENT CONTRACTS
FOR THE ENERGY SERVICES AGREEMENTS
BETWEEN THE CITY OF BAKERSFIELD AND
FOREFRONT POWER.
WHEREAS, the City may enter into cooperative procurement contracts for
work, supplies, equipment or materials without competitive bidding pursuant to
Bakersfield Municipal Code Section 3.20.060(D) (6); and
WHEREAS, the City of Bakersfield desires to acquire eight (8) solar
photovoltaic electricity generating systems using Energy Services Agreements
and three (3) energy storage systems at nine (9) sites owned by the City; and
WHEREAS, the School Project for Utility Rate Reduction (SPURR) solicited
requests for proposals on July 19, 2017, and subsequently extended the Master
Contract through December, 2020, for the Renewable Energy Aggregated
Procurement (REAP), program; and
WHEREAS, SPURR selected FFP BTM SOLAR, LLC (Forefront Power) for the
award based on Forefront Power having the most favorable terms and pricing
and has extended their Master Contract pricing to the City of Bakersfield as a
cooperative procurement contract; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D) (6) allows the City
to dispense with bidding procedures when it is determined that work, supplies,
equipment or materials are not available from local vendors and that it is in the
best interests of the city, and to the city's economic advantage that such work,
supplies, equipment or materials be obtained at the lowest possible cost for the
quality needed by entering into a city, county, state or federal government
cooperative procurement contract that was competitively awarded by another
governmental agency within the last 36 months; and
WHEREAS, the process used to determine the vendors for the cooperative
procurement contracts herein substantially comply with the City's procurement
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process, including public advertisement for sealed bids and awards determined
on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and are incorporated herein
by reference.
2. The Council finds that work, supplies, equipment or materials are not
available from local vendors and that it is in the best interests of the city, and to
the city's economic advantage that such work, supplies, equipment or materials
be obtained at the lowest possible cost for the quality needed by entering into a
city, county, state or federal government cooperative procurement contract that
was competitively awarded by another governmental agency within the last 36
months.
3. In compliance with the California Environmental Quality Act (CEQA),
the City Council finds that the activity funded by the program is exempt pursuant
to CEQA guidelines Section 15303 (new construction or conversion of existing
structures), 15304 (minor alterations to land), 15311 (construction or placement of
minor accessory structures to existing facilities), and 15061(b) (3) (activities which
can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment).
4. The Finance Director or designee is authorized to dispense with
bidding in accordance with section 3.20.060(D) (6) of the Bakersfield Municipal
Code.
5. The Finance Director or designee is authorized to execute any
subsequent documents related to FFP BTM SOLAR, LLC's financing of the solar and
energy storage systems.
6. The Finance Director or designee is authorized to approve any
changes to the Power Purchase Agreement rates and energy storage system size,
up to the maximum amount authorized in the agreements.
7. That the Finance Director or designee is authorized to execute any
Pacific Gas and Electric (PG&E) interconnection agreements required for the
proposed systems.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
OCT 2.1 2020 , by the following vote:
COUNCIL MEMBER RIVERA, GONZALES, WEIR; HrFREEMAN, SULLIVAM PARHER
NO COUNCIL MEMBER PA' -t.% E fZ i S M 1T N
ABSTAIN: COUNCIL MEMBER N 01, re
ABSENT: COUNCILMEMBER NONE
4'0)j1 V 3,-
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JULIE DRI&AWW,6MC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED OCT 212020
By /444in V
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
J SHUA H. RUDNICK
eputy City Attorney
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