Explanation
BACKGROUND: For the option to establish a UTC contract to purchase Motorola Two Way Radios and Accessories for the Division of Support Services, the largest user, in accordance with sole source provisions. These Motorola radios will be utilized by all City agencies for replacement and new 800MHz, UHF and VHF radio purchases. The sole source, Motorola Inc., is the manufacturer for these items and they have not authorized any Motorola partners access to sell this equipment to the City of Columbus. Formal bid SA003358 was conducted by the Purchasing Office in 2009 and ordinance 1652-2009 authorized the Finance and Management Director to enter into UTC contract FL004514 with Bear Communications (one of four bidders) for the purchase of Two Way Radios. The City has since received written notification from Motorola Inc. stating that none of the three other bidders were granted access to sell these items to the City of Columbus and that Motorola Inc. is the sole source for the City of Columbus to purchase these radios. The term of the proposed option contract would be three (3) years, expiring September 30, 2013, with the option to renew for one (1) additional year.
The Purchasing Office has negotiated terms and conditions with Motorola Inc., and completed a contract proposal document:
Motorola Inc.,, CC# 36-1115800 expires 4/08/12
Total Estimated Annual Expenditure: $ 900,000.00
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. This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.
FISCAL IMPACT: Funding to establish this option contract is budgeted in the Mail, Print Services and UTC Fund Account. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Two Way Radios and Accessories with Motorola Inc., in accordance with sole source provisions; to authorize the expenditure of $1.00 to establish the contract from the Mail, Print Services and UTC Fund Account, and to declare an emergency. ($1.00).
Body
WHEREAS, the Division of Support Services and other City agencies are in need of two way radios and accessories for the purchase of replacement and new radios throughout the City; and,
WHEREAS, Motorola Inc. is the sole source for these parts; and,
WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and
WHEREAS, in order to maintain a supply of two way radios and accessories, this is being submitted for consideration as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into a contract for an option to purchase two way radios and accessories, 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 and Management Director be and is hereby authorized and directed to enter into the following contract for the option to purchase two way radios and accessories in accordance with the negotiated terms and specifications for a term of approximately three (3) years, expiring September 30, 2013, with the option to renew for one (1) additional year, as follows:
Motorola Inc., All Items, Amount: $1.00
SECTION 2. That the expenditure of $1.00 is hereby authorized from Mail, Print Services and UTC Fund, Organization Level 1: 45-01, Fund: 05-517, Object Level 3: 2270, OCA: 451130, to pay the cost thereof.
SECTION 3. That this purchase is in accordance with the provisions of the Columbus City Code, Section 329.07(e), "Sole Source Procurement."
SECTION 4. 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.