Explanation
This ordinance authorizes the Director of the Department of Technology to enter into an agreement with Columbus FiberNet LLC (CFN) for fiber optic cable maintenance services in the amount of $88,201.27 for the CFN fiber duct system, in support of the City’s fiber optic infrastructure. The original agreement (EL010409 and EL011025) was authorized by Ordinance 1296-2009, passed October 5, 2009, and Ordinance 1327-2010, passed October 4, 2010. These ordinances authorized the City to acquire a portion of the conduit system, known as FiberNet, which at that time consisted of one-point-nine-inch (1.9") duct with ninety-six (96) strand single mode installed fiber. This ordinance funds year sixteen (16) of a twenty (20) year agreement, authorized by Ordinance 1296-2009. At the time of purchase, maintenance fees were waived for a period of five years. However, starting in 2015 contract terms for scheduled annual maintenance (with an annual maintenance fee) were authorized. These terms are as follows:
“Section 9.1 references: "Scheduled Maintenance Seller shall use commercially reasonable methods to maintain the property in a secure and good condition. Such routine maintenance (“Scheduled Maintenance”) shall include, but is not limited to, locating and marking the property and pumping, venting, air quality testing, and proofing the property when necessary. Buyer shall pay to Seller for Seller’s services under this Section 9.1, an amount equal to $0.19 (cents) a year per foot of conduit owned by Buyer (the “Maintenance Fee”) for the period commencing 5 years from the closing date and continuing thereafter for a period of 12 months (“Initial Term”). The first 5 years of this contract the fees will be waived. After the Initial Term expires, the Maintenance Fee shall increase annually by the change in CPI. This fee shall continue for so long as Seller is providing Scheduled Maintenance services to Buyer hereunder. Such payments are due up front on the first day of each anniversary of the closing date."
The City owns fiber optic cabling in various strand count quantities throughout the City. The above-described services are needed to regularly inspect and maintain these assets and provide fiber optic cable maintenance services in the event of unforeseen damage to the fiber network. This agreement provides labor, equipment, and materials needed to ensure reliable operation of the City’s fiber network.
The original agreement was most recently renewed on July 24, 2024, with passage of Ordinance 1904-2024, authorizing the required annual maintenance for the period of October 21, 2024, through October 20, 2025. As the current contract has expired, this ordinance also authorizes a waiver of competitive bidding, in accordance with relevant provisions of Chapter 329 of the Columbus City Codes. Given the extensive and urgent need for the continued fiber optic cable maintenance services, and the established relationship with the vendor, it is in the City’s best interests to utilize bid waiver legislation for this ordinance.
Lastly, this ordinance authorizes the expenditure of $88,201.27 for the above-described purpose.
FISCAL IMPACT
Funds for the above-described services are budgeted and available in the Information Services Operating fund.
EMERGENCY DESIGNATION
This ordinance is being submitted with emergency designation. The current contract expired on October 21, 2025. To ensure a contract is in place as soon as possible, emergency action is necessary. The City has invested in a large fiber network and owns fiber optic cabling in various strand count quantities throughout the City that need to be regularly inspected and maintained. These critical services include but are not limited to the locating and marking the property and pumping, venting, air quality testing, and proofing the property when necessary are critical for fiber optic cable maintenance.
CONTRACT COMPLIANCE
Vendor Name: Columbus FiberNet LLC
Vendor Number: 005936
Expiration Date: 8/20/2026
Title
To authorize the Director of the Department of Technology to enter an agreement with Columbus FiberNet LLC for fiber optic cable maintenance services; to authorize the expenditure of $88,201.27 from the Information Services Operating fund; to waive the competitive bidding provisions of the Columbus City Codes; and to declare an emergency. ($88,201.27)
Body
WHEREAS, the City owns fiber optic cabling in various strand count quantities that need to be regularly inspected and maintained; and
WHEREAS, the City entered into a twenty-year agreement (EL010409 and EL011025), authorized by Ordinance 1296-2009, passed October 5, 2009, and Ordinance 1327-2010, passed October 4, 2010, in which it acquired a portion of the conduit system known as FiberNet; and
WHEREAS, at the time of the purchase, maintenance fees were waived for a period of five years but starting in 2015, contract terms for scheduled maintenance and an annual maintenance fee were authorized; and
WHEREAS, it is necessary to authorize the Director of the Department of Technology to enter an agreement with Columbus FiberNet LLC, for fiber optic cable maintenance services for the CFN fiber duct system in support of the City’s fiber optic infrastructure, in the amount of $88,201.27; and
WHEREAS, the term of this agreement shall begin on the date of a confirmed purchase order by the City Auditor’s Office through October 20, 2026; and
WHEREAS, a waiver of the relevant provisions of Columbus City Codes relating to competitive bidding is hereby authorized; and
WHEREAS, an emergency exists in the Department of Technology in that it is immediately necessary to authorize the Director to enter an agreement with Columbus FiberNet LLC (CFN), which expired October 21, 2025, for fiber optic cable maintenance services for the CFN fiber duct system in support of the City’s fiber optic infrastructure so the critical services of locating and marking the property and pumping, venting, air quality testing, and proofing the property, when necessary, will not be interrupted all for the immediate 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 hereby is, authorized to enter an agreement with Columbus FiberNet LLC for fiber optic cable maintenance services for the CFN fiber duct system in support of the City’s fiber optic infrastructure in the amount of $88,201.27, beginning on the date of a confirmed purchase order from the City Auditor, and ending on October 20,2026.
SECTION 2. That the expenditure of $88,201.27 or so much thereof as may be necessary is hereby authorized to be expended as follows in the attachment to this ordinance. (2920-2025EXP)
SECTION 3. That this Council finds it in the City's best interest to waive the competitive bidding provisions of Chapter 329 of City Code to enter this contract.
SECTION 4: 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 5: 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 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.