HomeMy WebLinkAboutRESOLUTION NO 13 11 276ST ATE OF GEORGIA RESOLUTION NO. 13-11-276
COUNTY OF FULTON
RESOLUTION OF THE CITY COUNCIL OF MILTON, GEORGIA RATIFYING AND
AUTHORIZING PAYMENT FOR A PURCHASE OF UNIFORMS FROM T&T
UNIFORMS PURSUANT TO AND BY WAY OF A 'PIGGYBACK' ON PRICING AND
TERMS UNDER A CONTRACT BETWEEN T &T UNIFORMS AND CHEROKEE
COUNTY, GEORGIA AND A COMPETITIVE PROCUREMENT PROCESS
INVOLVING CLAYTON COUNTY, GEORGIA
WHEREAS, the City of Milton, Georgia is authorized by the City Charter to adopt
Resolutions .....that the City Council deems "necessary, expedient, or helpful for the peace, good
order, protection of life and property, health, welfare, sanitation, comfort, convenIence,
prosperity, or well-being of the inhabitants of the City of Milton";
WHEREAS, the purchasing policies for the City of Milton, Georgia, authorize, in certain
procurement situations, the City government to derive the benefit of -or 'piggyback' -off of
procurement contracts from other local governments;
WHEREAS, this practice allows the City to enjoy the benefit of competitively secured
pricing in an efficient, reasonable, and responsible manner;
WHEREAS, this practice is only utilized when the pricing derived from piggybacking is
deemed to be in the best interest of the City of Milton and otherwise allowed by law;
WHEREAS, the practice of piggybacking is not allowed where the City of Milton is
required by State law to implement an independent competitive procurement process such as
with certain public works or road construction projects;
WHEREAS, on December 5, 2011, the Cherokee County Board of Commissioners
entered into a contract with T &T Uniforms South, Inc. d/b/a T &T Uniforms for the provision of
fire and emergency unifOlIDs subject to certain pricing terms (the "Cherokee Contract");
WHEREAS, the Cherokee Contract was, in fact, a piggyback contract between T &T
Uniforms and Clayton County, Georgia pursuant to a 2010 competitive request for bid by
Clayton County;
WHEREAS, the Cherokee County Contract was entered on December 5, 2011 with an
initial term of a single calendar year, to December 5, 2012, followed by an option for two one
year extensions;
WHEREAS, the Cherokee County Contract appears to have been extended until at least
December 31,2013, as reflected in certain May 1,2013 correspondence from T&T UnifOlID's
representative Zach Freise to the Cherokee County Fire Department;
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WHEREAS, in September, 2013, the City of Milton -relying on the Cherokee County
Contract pricing and the Clayton County competitive bid -purchased fire department uniforms
from T &T Uniforms;
WHEREAS, T&T Uniforms extended to the City of Milton the same prices and terms as
were provided under the Cherokee County Contract, as that contract had been extended;
WHEREAS, these purchases are reflected in T&T Uniform invoices 50748 for
$2,469.00,50627 for $21,367.20, and 50747 for $990.00;
WHEREAS, at the time that the City of Milton ordered the uniforms from T&T
Uniforms, the City of Milton purchasing policies authorized piggybacking off of municipal
contracts and only for pricing secured "within the previous 12-month period";
WHEREAS, based upon there being no articulated policy rationale as to why
piggybacking could not occur under contracts with other local government agencies; and further
based upon the unclear meaning of the phase "within the previous 12-month period," the City
Council has modified Section 2-626 of the City Code such that it now reads:
The city shall not make purchases of products or services from city employees or
councilmembers or from businesses owned by members of these two groups
unless specifically approved by the city council. The city shall have the right to
piggyback from other city, county, local authority and board of education
contracts if the vendor will extend the same prices, terms, and conditions to the
city. This source selection shall only be available where competition was used by
the other agency to secure the contract and only for a period of 12-months
following entry, renewal or extension of the contract by the other agency. This
provision shall not apply for any contract where state law mandates the city utilize
its own competitive procurement process.
WHEREAS, in light of Milton's purchasing policies being so modified, the City Council
now desires to ratify the uniform purchases with T &T Uniforms and to authorize payment of
invoices 50748 for $2,469.00,50627 for $21,367.20, and 50747 for $990.00; and,
WHEREAS, in so doing, the City Council finds and resolves that authorizing such
purchases and payment is in the best interest of the health, safety and welfare of the City of
Milton.
NOW IT IS THEREFORE RESOLVED by the Mayor and City Council for the City of
Milton, Georgia as follows:
1. That the Whereas clauses above are a binding and substantive part of this Resolution;
2. That the City Council understands, agrees, and affirms that the procurement of
uniforms from T &T Uniforms "piggybacked" upon both the Cherokee County
Contract and the Clayton County competitively bid contract;
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3. That the purchase of unifonns from T &T Uniforms, as reflected in invoices 50748,
50627, and 50747, are hereby ratified as being consistent with the City's modified
purchasing policies; and,
4. That payment of invoices 50748, 50627 and 50747 are hereby authorized as being in
the best interests of the health, safety and welfare ofthe City of Milton.
This 18th day of November, 2013.
BE IT SO RESOLVED AND ORDAINED, this 18th day of November, 2013, by the
Council of the City of Milton, Georgia.
CITY OF MILTON, GEORGIA
BYJOeL~
Attest:
(Seal)
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