Explanation
BACKGROUND: To not only modify the contract language but also to accept the addition of twenty-seven circuits to the existing city-wide contract for the option to purchase Centrex Telephone and Transport Services for the Department of Technology, the largest user and to waive the City Code provisions regarding formal competitive sealed bidding; and to declare an emergency. A contract was established July 1, 1988 pursuant to the sole source provisions of Chapter 329 of the Columbus City Code. The modification has been negotiated with our current provider, SBC Ameritech (contract compliance is 36-3258076.) The company is not listed on the Auditor of State Findings for Recovery Database. The company is not listed on the Federal Excluded Parties Listing.
1. Amount of additional funds: No additional funding is required to modify the contract for not only a language change but also to accept the addition of twenty-seven circuits. However, City agencies will expend approximately $2.4 million for the telephone and transport services annually. This figure includes negotiated discounts that benefit the City.
2. Reason additional needs were not foreseen:
Additional needs were foreseen but the original contract language included restrictive language. This contract modification will allow additional circuits to be added or deleted without a contract modification for each added or deleted circuit.
3. Reason other procurement processes not used: The same product is required as originally bid.
4. How cost was determined: The cost, terms and conditions were negotiated with the contractor.
FISCAL IMPACT: No funding is required to change the language in this option contract. Each city agency must establish/utilize their own funding for their estimated expenditures. Where the annual expenditure exceeds $100,000 by agency, they will seek City Council and Mayor approval for such expenditures.
These services are vital to our continued operations. In order to provide uninterrupted service and supply this ordinance is being submitted as an emergency
Title
To authorize and direct the Finance Director to modify the contract language and to add twenty-seven circuits to the citywide contract for the option to purchase Centrex Telephone and Transport Services with SBC Ameritech; to waive the City Code provisions regarding formal competitive sealed bidding; and to declare an emergency.
Body
WHEREAS, Section 8, last sentence contained unduly restrictive language of the recently modified CT09759, Ordinance 0158-2005, passed 03/31/2005, and
WHEREAS, both parties agree the language in last sentence of Section 8 shall be deleted and shall be replaced with the following:
"Customer may add additional circuits at the rates set forth in the Agreement. All such added circuits shall be coterminous with the agreement.", and
WHEREAS, the present language in the last sentence of Section 8 does not allow for the addition of circuits this modification allows for the addition of twenty-seven circuits; and
WHEREAS, the City's Centrex telephone and transmission services contract must have this revision in the contract language in order to provide an uninterrupted supply of vital communication services and it is in the best interest of the City to exercise this modification; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Technology in that it is immediately necessary to revise the language and accept the addition of twenty-seven additional circuits to CT09759, for an option to purchase Centrex Telephone and Transport Services, to avoid interruption in services, thereby preserving 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 Finance Director be and is hereby authorized and directed to modify not only the contract language but also to accept the addition of twenty-seven circuits of CT09759 with SBC Ameritech.
SECTION 2. That in accordance with Section 329.16 (Contract Modifications) and Section 329.27 (Waiver of Regulations) of the Columbus City Codes, the Columbus City Council finds it in the best interest of the City to modify and waive the City Code provisions regarding formal competitive sealed bidding.
SECTION 3. 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.