Explanation
This legislation authorizes the Director of Public Utilities to modify by extending the contract term and increase funding for an existing service agreement with Aquatic Informatics, Inc. (DBA Tokay Software; previously known as Tokay Software, Inc.). The existing contract will be extended for one additional year beyond the original term, for services for Backflow Prevention Management Software and additional funding in the amount of $48,000.00 is needed.
On December 4, 2015, the Department of Public Utilities received one (1) proposal in response to an RFP for backflow prevention management software services. Aquatic Informatics, Inc. (DBA Tokay Software) was selected to provide this service. This contract is for approximately ten (10) years beginning on June 1, 2016 through February 28, 2026. For each year of the ten-year contract, funds for the services shall be reviewed, and expenditures shall be approved by ordinance of City Council, and appropriation and certification of funds by the City Auditor. The first year of the agreement (2016), the contract was funded in the amount of $43,262.50. The second through tenth years of the contract was funded at $45,200.00 per year. The current contract expires February 28, 2026. This is the tenth and final year of the original agreement. The City finds it in the best interest to waive competitive bidding provision of City Code as the vendor provides a proprietary backflow prevention management system that is critical for maintaining regulatory compliance with City Code and to extend this contract for one additional year. Future contract modifications are anticipated to customize the functionality of the database management system to the changing needs of the Backflow Compliance Office as a result of recent changes to the Ohio Administrative Code 3745-95. Modifications are anticipated to cost less than $50,000. If additional funding is needed, a modification will be processed based upon mutual agreement of the parties, approval by City Council, and certification of the funds by the City Auditor.
Aquatic Informatics, Inc. (DBA Tokay Software) publishes and supports cross-connection control program management software for use in managing backflow prevention within a water distribution system. This software is necessary to allow for: management of the office database, management of the office workflow, and online submittal of up to 42,000 annual backflow prevention assembly test reports processed by the Backflow Compliance Office as part of their regulatory compliance program. The ongoing software support allows DPU’s users of the software to continue to search customer records, create notification letters for the regulatory enforcement duties of the office, and to monitor customer compliance with the protection, testing, and survey requirements of City Code, DPU Rules and Regulations, and the Ohio Administrative Code.
SUPPLIER:
Aquatic Informatics, Inc. (DBA Tokay Software), vendor #029996 , CC Pending
The company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.
1. Amount of additional funds: Total amount of additional funds needed for this contract modification is $48,000.00. Total contract amount including this modification is $498,062.50.
2. Reason additional funds were not foreseen: The need for additional funds was known at the time of the initial contract. This legislation adds a modification for additional funding for one additional year of an initial ten-year contract.
3. Reason other procurement processes were not used: Work under this renewal is a continuation of services included in the scope of the original contract. No lower pricing/more attractive terms and conditions are anticipated at this time.
4. How was cost determined: The Department of Public Utilities and Aquatic Informatics, Inc. (DBA Tokay Software) negotiated the cost of this contract.
FISCAL IMPACT:
$48,000.00 is needed and budgeted in the 2025 Water Operating Fund for this expenditure.
$10,767.00 has been spent so far in 2025
$55,248.00 was spent for this purpose in 2024
Title
To authorize the Director of Public Utilities to modify by extending the contract term and increase funding for an existing service agreement with Aquatic Informatics, Inc. (DBA Tokay Software) for backflow prevention management software services for one additional year; to authorize the expenditure of $48,000.00 from the Water Operating Fund; and to waive the competitive bidding provisions of City Code. ($48,000.00)
Body
WHEREAS, the Department of Public Utilities has a continuing need for backflow prevention management software services in order to track customer compliance with, and enforcement of, City Code 1113.01 and Department of Public Utilities Rule and Regulation 09-02; and
WHEREAS, the backflow prevention management system is proprietary to the vendor so it is in the City’s best interest to waive the competitive bidding provisions of City Code for the operating portion of the contract; and
WHEREAS, the Division of Water is required by the Ohio EPA and the Ohio Administrative Code to run an effective cross-connection and backflow control program; and
WHEREAS, after completing the RFP process and proposal evaluation in 2015, the selection committee recommended an award be made to Aquatic Informatics, Inc. (DBA Tokay Software); and
WHEREAS, the City may, at its option, perform a contract modification under the same terms and conditions, for one additional year. Costs for any modifications after the initial term will be negotiated at a future date; and
WHEREAS, it is necessary to authorize the expenditure of up to $48,000.00 from the Water Operating Fund for year eleven of this contract; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities, Division of Water, to authorize the Director to renew this existing agreement with Aquatic Informatics, Inc. (DBA Tokay Software) in order to continue using backflow prevention management software services for the Department of Public Utilities; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities be and is hereby authorized to modify the contract with Aquatic Informatics, Inc. (DBA Tokay Software) for software support services and hosting services for an online backflow prevention assembly test report submittal portal.
SECTION 2. That this Council finds it in the best interest of the City to waive the competitive bidding provisions of Chapter 329 of City Code for the contract with Aquatic Informatics, Inc. (DBA Tokay Software).
SECTION 3. That the expenditure of $48,000.00 or so much thereof as may be needed, be and the same hereby is authorized for one additional year of the contract in Fund 6000 Water Operating Fund in object class 03 Services per the accounting codes in the attachment to this ordinance.
SECTION 4. That said firm shall conduct the work to the satisfaction of the Director of Public Utilities.
SECTION 5. 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.