Explanation
BACKGROUND:
The Department of Technology has a need to renew a contract with Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global Services, established by Ordinance No. 1160-2006, for annual maintenance and related services associated with the Uninterrupted Power Supply (UPS) systems, utilized by the Department of Technology. The contract was most recently renewed and modify by authority of ordinance 0421-2013, passed March 18, 2013 (purchase order EL014243). This contract covers services for computer and data centers at two separate locations, and allows for continuous operations when power fluctuations and failures occur. The original contract provided language that allows for modifications and renewals for additional coverage periods at the end of each year's coverage period, contingent upon the express written approval of all parties and the City's appropriation and authorization of funds.
Approval of this ordinance will make provisions for an annual maintenance service agreement at a total cost of $64,553.78 for the coverage period of 4/19/2014 through 4/18/2015. As Emerson Network Power is the only factory authorized service provider for the UPS equipment used at the City data centers, it is best for the City to obtain service from Emerson instead of through alternate procurement methods
Although maintenance service for Liebert UPS systems are available from other suppliers, Emerson Network Power, Liebert Services is the only factory authorized service provider for the UPS equipment used at the City's data centers. Where alternate providers of UPS services are required to utilize Liebert technicians, Emerson policy is to bill the end user directly and not the third party service provider. Nor does Emerson support third party organizations with technical back-up or guaranteed parts availability. Given the critical need for reliable UPS systems at the City's data centers, it is in the City's best interests to contract directly with Emerson. As such, this ordinance will authorize a waiver of competitive bidding provisions of Columbus City Codes in accordance with section 329.27.
EMERGENCY DESIGNATION:
Emergency designation is requested to immediately facilitate prompt payment and to avoid interruption in the performance of services necessary in the usual daily operation.
FISCAL IMPACT:
During fiscal years 2012 and 2013, the amounts of $46,236.00 and $101,361.19, were legislated respectively for maintenance support and related services with Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global Services, for the batteries UPS system. Funding for the 2014 renewal in the amount of $64,553.78 is budgeted and available within the Department of Technology, Information Services Division, internal service fund; bringing the aggregate contract total to $486,264.30.
CONTRACT COMPLIANCE NUMBER:
Vendor Name: Emerson Network Power, Liebert Services, Inc. CC#/FID#: 43 - 1798453 Expiration Date: 02/06/2015
Title
To authorize the Director of the Department of Technology to renew a contract with Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global Services, for annual maintenance and related services associated with the Uninterrupted Power Supply (UPS) systems; to waive the competitive bidding provisions of the Columbus City Codes; to authorize the expenditure of $64,553.78 from the Department of Technology, Information Services Division, Internal Service Fund; and to declare an emergency. ($64,553.78)
Body
WHEREAS, the Department of Technology has a need to renew a contract with Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global Services, for annual maintenance and related services associated with the Uninterrupted Power Supply (UPS) systems, utilized by the Department of Technology for the period of 4/19/2014 through 4/18/2015, at a cost of $64,553.78.
WHEREAS, This contract covers services for computer and data centers at two separate locations, and allows for continuous operations when power fluctuations and failures occur. The original contract provided language that allows for modifications and renewals for additional coverage periods at the end of each year's coverage period, contingent upon the express written approval of all parties and the City's appropriation and authorization of funds; and
WHEREAS, although maintenance service for Liebert UPS systems are available from other suppliers, Emerson Network Power, Liebert Services is the only factory authorized service provider for the UPS equipment used at the City's data centers. Where alternate providers of UPS services are required to utilize Liebert technicians, Emerson policy is to bill the end user directly and not the third party service provider. Nor does Emerson support third party organizations with technical back-up or guaranteed parts availability. Given the critical need for reliable UPS systems at the City's data centers, it is in the City's best interests to contract directly with Emerson; and
WHEREAS, this ordinance requests approval to waive the competitive bidding provisions of the Columbus City Codes, Section 329.07, and to allow the Department of Technology to renew a contract for annual maintenance, software and service upgrades, and related services; and
WHEREAS, an emergency exists in the daily operation of the Department of Technology in that it is immediately necessary to authorize the Director of the Department of Technology, to renew this annual contract, to provide uninterrupted service associated with the UPS utilized at the City's data centers provided by Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global 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 Director of the Department of Technology be and is hereby authorized to renew an annual contract with Emerson Network Power, Liebert Services, Inc., formerly known as Liebert Global Services, for annual maintenance and related services associated with the Uninterrupted Power Supply (UPS) systems, utilized by the Department of Technology with a coverage period of 4/19/2014 through 4/18/2015 in the amount of $64,553.78.
.
SECTION 2: That the expenditure of $64,553.78 or so much thereof as may be necessary is hereby authorized to be expended from:
Div.: 47-02| Fund: 514| Subfund 001| OCA Code: 470202| Obj. Level 1: 03| Obj. Level 3: 3372| Amount: $64,553.78
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 any contract or contract modifications associated with this ordinance.
SECTION 5: That the competitive bidding provisions of the Columbus City Codes Section 329.07 are hereby waived for good cause shown.
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.