HomeMy WebLinkAboutResolution 2017-021 N.C.S. 02/06/2017Resolution No. 2017-021 N.C.S.
of the City of Petaluma, California
RESOLUTION TO DISPENSE WITH FORMAL BID PER PUBLIC CONTRACT
CODE SECTION 3400, AND PETALUMA MUNICIPAL CODE SECTION 4.05.050
FOR ACQUISITION IN CONJUNCTION WITH THE BIOMASS-TO-BIOFUEL
PROJECT AT ELLIS CREEK WATER RECYCLING FACILITY
WHEREAS, California Public Contract Code Section 3400, subdivision (b), generally
prohibits state and local agencies and their officials from issuing bid specifications for public
works projects that limit bids to particular firms or designate items being acquired by brand
name, unless bidders are permitted to propose items equal to those specified by brand name; and
WHEREAS, Section 3400, subdivision (c) includes an exception that permits state and
local agencies and their officials to designate a material, product or service being procured by
brand or trade name in certain specified circumstances, including to obtain a necessary item that
is only available from one source; and
WHEREAS, for the exception in Section 3400, subdivision (c) to apply, the awarding
agency or its designee must make a finding that is described in the bid invitation or request for
proposals that a material, product or service is designated by brand or trade name for one of the
reasons permitted under that subdivision; and
WHEREAS, Section 4.04.050 of the Petaluma Municipal Code allows formal bidding
procedures to be dispensed with when the commodity can be obtained from only from one
vendor; and
WHEREAS, the common law recognizes a bidding exception for circumstances where
competitive bidding of public contracts otherwise required by statute may be excused, including
circumstances where the contract is such that competitive proposals would be unavailing or
would not produce an advantage, and the advertisement for competitive bid would thus be
undesirable, impractical, or impossible (Graydon v. Pasadena Redevelopment Agency (1980)
104 CA3 d 631); and
WHEREAS, the Petaluma Biomass-to-Biofuel project requires a biogas treatment
system with the capability to remove contaminants in the biogas produced at the Ellis Creek
Water Recycling Facility to produce renewable natural gas that complies with Society of
Automotive Engineers Standards for Compressed Natural Gas Vehicle Fuel- SAE J1616; and
WHEREAS, producing vehicle fuel from biogas is a relatively new and innovative
approach, and based on this, the City was successful in winning a $3 million grant from the
California Energy Commission for the Petaluma Biomass-to-Biofuel project; and
WHEREAS, an innovative gas treatment system manufactured by Unison Solutions, Inc.
is the only known biogas treatment system that has a proven track record to successfully produce
RNG at the relatively low biogas flow rates, 100 cfm or less, needed for the Petaluma Biomass-
to-Biofuel project; and
Resolution No. 2017-021 N.C.S. Page 1
WHEREAS, the City included Unison Solutions, Inc. on its project team in its grant
application to the CEC as the vendor to furnish the gas treatment system; and
WHEREAS, staff has recommended that the City negotiate a sole source contract with
Unison Solutions, Inc. to furnish and install its biogas treatment system; and
WHEREAS, after negotiations with Unison Solutions Inc., the award of the contract will
be brought forth for City Council approval in a future resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The City Council finds in accordance with California Public Contract Code Section 3400,
subdivision (c), Section 4.04.050 of the Municipal Code, and the holding in Graydon v.
Pasadena Redevelopment Agency (1980) 104 CAM 631 that Unison Solutions, Inc. is the
only known manufacturer of gas treatment equipment that will meet the requirements of the
City's Petaluma Biomass-to-Biofuel project.
2. City Staff are hereby authorized and directed in accordance with California Public
Contract Code Section 3400 Section 4.04.050 of the Municipal Code, and the holding in
Graydon v. Pasadena Redevelopment Agency (1980) 104 CAM 631 to develop
documents necessary to enter into a contract with Unison Solutions, Inc. to furnish and
install its biogas treatment system for the Petaluma Biomass-to-Biofuel project.
3. This resolution shall become effective upon its adoption.
4. If any section, subsection, sentence, clause, phrase or word of this resolution is for any
reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect
the validity of the remaining portions of this resolution. The City Council of the City of
Petaluma hereby declares that it would have adopted this resolution and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the f Aoroved as to
Council of the City of Petaluma at a Regular meeting on the 6a' day of February, ( formj/
2017, by the following vote:
City 8ttorney
AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES: None
ABSENT: None
ABSTAIN: None`
ATTEST:
City Clerk e ..Mayor'
Resolution No. 2017-021 N.C.S. Page 2