Explanation
Background: This legislation authorizes the Franklin County Municipal Court Clerk (hereinafter "Municipal Court Clerk") to enter in the first year of a five (5) year contract in the amount of $12,572.80 with the Ohio State University/Ohio Academic Resource Network (hereinafter OARnet) for the provision of Virtual Machine Ware (hereinafter VMware) software licenses and maintenance services for the Municipal Court Clerk's Office.
VMware licenses are necessary for the operation and management of our virtualized IT infrastructure. This infrastructure allows the Municipal Court Clerk’s Office to consolidate multiple physical servers into fewer, more powerful virtual servers, improving efficiency, reducing costs, and enhancing flexibility.
It is necessary to purchase VMware licenses to maintain Municipal Court Clerk virtualized server infrastructure, ensuring its security, performance, and compliance with the new licensing model imposed by Broadcom's acquisition.
The recent acquisition of VMware by Broadcom has led to significant changes in VMware's licensing model and the available discounted offerings through OARnet.
Bid Information:
OARnet maintenance and support has been ongoing for over ten (10) years.
Ordinance No. 0582-87 authorizes the City of Columbus to purchase from cooperative purchasing contracts which are not bid, but negotiated contracts.
OARnet is an initiative of the State of Ohio with Ohio State University functioning as its fiscal arm. It is the State of Ohio Cooperative Purchasing (CO-OP) membership that allows the purchase of VMware from OARnet. The State of Ohio does not have a state contract number or STS (State Term Schedule) associated with VMware. The State of Ohio is utilizing an existing Ohio Revised Code as their purchase authority for VMware: ORC 127.16(D)(23), Purchasing by Competitive Selection. Under this code, the State is allowed to purchase from other state agencies, including state-assisted institutions of higher education, without the restrictions related to non-competitive bids.
Therefore, this legislation waives the competitive bidding provisions of the Columbus City Code, Chapter 329 to contract with OARnet. It is in the best interest of the City to waive competitive bidding, for the continuity of the software maintenance and to facilitate significant changes in VMware's licensing model and the available discounted offerings through OARnet.
Contract Compliance Number: 31-6025986
Expiration Date: 03/29/2025
Vendor#: 006163
Fiscal Impact: Sufficient funds are available within the Clerk's 2024 computer fund budget.
Emergency: There is an immediate need to purchase VMware licenses to maintain the Municipal Court Clerk virtualized server infrastructure, ensuring its security, performance, and compliance with the new licensing model imposed by Broadcom's acquisition.
Title
To authorize and direct the Municipal Court Clerk to enter into contract with the Ohio State University/OARnet for the provision of VMware software licenses and maintenance services; to waive the competitive bidding provisions of Columbus City code; to authorize an expenditure of $12,572.80 from the Municipal Court Clerk computer fund; and to declare an emergency. ($12,572.80)
Body
WHEREAS, the VMware licenses are necessary for the operation and management of our virtualized IT infrastructure. This infrastructure allows the Municipal Court Clerk’s Office to consolidate multiple physical servers into fewer, more powerful virtual servers, improving efficiency, reducing costs, and enhancing flexibility; and
WHEREAS, it is necessary to purchase VMware licenses to maintain the Municipal Court Clerk virtualized server infrastructure, ensuring its security, performance, and compliance with the new licensing model imposed by Broadcom's acquisition; and
WHEREAS, it is in the best interests of the City to waive the competitive bidding provisions of the Columbus City Codes; and
WHEREAS, an emergency exists in the daily operations of the Municipal Court Clerk's Office in that it is immediately necessary to authorize the Municipal Court Clerk into enter into contract with the Ohio State University/OARnet for the provision of VMware software licenses and maintenance services ensuring the virtualized server infrastructure is secure and compliant with the new licensing model imposed by Broadcom's acquisition, all for the immediate preservation of the public peace, health, property, safety and welfare; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Municipal Court Clerk is authorized and directed to enter in the first year of a five (5) year contract with the Ohio State University/OARnet in the amount of $12,572.80, for the provision VMware software licenses and maintenance services.
SECTION 2. That this Council finds that it is in the City's best interest to waive the competitive bidding provisions of the City Code to enter in this contract.
SECTION 3. That the expenditure of $12,572.80 or so much thereof as may be necessary, is hereby authorized in Fund 2227 (Computer Fund), Subfund 222702, Dept-Div 2601 (Municipal Court Clerk), Object Class 03 (Contractual Services), per the accounting codes in the attachment to this ordinance.
SECTION 4. That the funds are hereby deemed appropriated, and expenditures authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.