Explanation
BACKGROUND:
This legislation will authorize the assignment of all past, present and future business done by the City of Columbus with Seachange International (FID 043197974) to XOR Media, Inc. (FID 455396458) and to authorize the Director of the Department of Technology (DoT) to establish a purchase in the amount of $9,720.00 with XOR Media, Inc. The original agreement with Seachange (ED025897) was entered into in 2006, and most recently renewed by authority of ordinance 0486-2012, passed March 26, 2012 (EL012680), providing hardware/software maintenance and support for the period April 1, 2012 to March 31, 2013 at a cost of $12,960.00. Subsequent to this contract renewal, the Department of Technology was notified that Seachange had been acquired by XOR Media.
The first three (3) months of support has been paid against the current purchase order (EL012680) in the amount of $3,240.00. As part of assigning the current agreement with Seachange to XOR Media, this ordinance will authorize a purchase order in the amount of $9,720.00 to XOR Media to allow payment of support for the period July 1, 2012 to March 31, 2013. The current purchase order (EL012680) will be cancelled, releasing the unexpended funds on that purchase order in the amount of $9,720.00. The Department of Technology requires technical support and hardware/software maintenance services from XOR Media to support ongoing operations of a Seachange Broadcast Media video server utilized by Media Services to play/air video files on the City's government and educational cable access channels and receive software upgrades.
XOR Media is the sole proprietor and copyright holder. Accordingly, XOR Media is also the sole source of supply for upgrades, maintenance, support, new releases and additional copies of this product. For this reason, this ordinance is being submitted in accordance with the provisions of Sole Source procurement of the Columbus City Code Section 329.07.
EMERGENCY DESIGNATION:
Emergency action is requested so that a purchase order can be established with the current company (XOR Media, Inc.) by or before the Auditor's office deadline date of 12/14/2012 and process payment on invoice that is due.
FISCAL IMPACT:
No financial impact is anticipated. A purchase order will be established with XOR Media in the amount of $9,720.00 to pay for coverage period July 1, 2012 to March 31, 2013 and the current purchase order (EL012680 with Seachange) created 04/2012 with a balance of $9,720.00 will be cancelled.
CONTRACT COMPLIANCE:
Former Company Name: Seachange International / FID/CC#: 043197974 / Expiration Date: 10/14/2012
Current Company Name: XOR Media, Inc. / FID/CC#: 455396458 / Expiration Date: 10/02/2014
Title
To authorize the assignment of all past, present and future business done by the City of Columbus with Seachange International (FID 043197974) to XOR Media, Inc. (FID 455396458); to authorize the Director of the Department of Technology to establish a purchase order with XOR Media, Inc. and cancel the purchase order with Seachange International; in accordance with the sole source provisions of the Columbus City Code section 329.07; to authorize the expenditure of $9,720.00 from the Information Services Division, internal service fund; and to declare an emergency. ($9,720.00)
Body
WHEREAS, ordinance 0486-2012 passed March 26, 2012 (EL012680), authorized the Technology Director to renew a contract with Seachange International providing hardware/software maintenance and support for the period April 1, 2012 to March 31, 2013 at a cost of $12,960.00; and
WHEREAS, subsequent to this contract renewal, the Department of Technology was notified that Seachange had been acquired by XOR Media; and
WHEREAS, as part of assigning all contracts and agreements past, present, and future with Seachange to XOR Media, this ordinance will authorize a purchase order in the amount of $9,720.00 to XOR Media to allow payment of support for the period July 1, 2012 to March 31, 2013 and the cancellation of purchase order (EL012680) with Seachange International; and
WHEREAS, this ordinance also requests approval to continue services provides by XOR Media, Inc. in accordance with the sole source procurement provisions of Section 329 of the Columbus City Code, whereby XOR Media is the sole proprietor and copyright holder and sole source of maintenance and support for Seachange Broadcast Media hardware and software; and
WHEREAS, an emergency exists in the daily operation of the Department of Technology in that it is necessary to assign past, present and future contracts and agreements done by the City of Columbus with Seachange International (FID 043197974) to XOR Media, Inc. (FID 455396458) and to authorize the Director of the Department of Technology (DoT) to establish a purchase in the amount of $9,720.00 with XOR Media, Inc. with all other terms and conditions remaining the same, for the preservation of the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Technology be and is hereby authorized and directed to modify all past, present and future contracts, agreements and purchase orders pursuant to those contracts to reflect the change of the company name and FID number of Seachange International (FID 043197974) to XOR Media, Inc. (FID 455396458) and to authorize a purchase in the amount of $9,720.00 with XOR Media, Inc. to pay invoices for service term period July 1, 2012 to March 31, 2013.
SECTION 2. That the expenditure of $9,720.00 or so much thereof as may be necessary is hereby authorized to be expended from:
Dept./Div. 47-02| Fund: 514 | Sub-fund: 001| OCA code: 470202 | Obj. Level 1: 03| Obj. Level 3: 3369 |Amount: $9,720.00 |
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 5. That this agreement assignment is being established in accordance with the sole source provisions of the Columbus City Codes Section 329.07.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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.