Explanation
BACKGROUND: This ordinance authorizes the Finance and Management Director to establish a Universal Term Contract with Time Warner Cable for various communication services without the use of the competitive bidding process. The contract will be established for the option to purchase business class cable television services, business class phone services, and business class data services. The Universal Term Contract establishes firm, fixed requirements and pricing while providing a simple method for City agencies to establish funds for these items.
This ordinance also waives the competitive bidding process of the Columbus City Codes. Given the complexity of the systems and services being provided and the embedded nature of these items it is not practical to bid any of these services at this time. Changing technology and potential competition in the marketplace have prompted the Department of Technology and the Purchasing Office to begin identifying requirements and developing specifications for a possible competitive bid in the future. At this time and for the immediate future, however, Time Warner Cable is the only feasible provider of these services. The Purchasing Office and the Department of Technology have entered into negotiations with Time Warner Cable to determine scope and pricing. This determination was made after extensive consultation between the Department of Technology and the assigned Purchaser of this commodity area.
Emergency action is requested to ensure uninterrupted communications for all City agencies.
Time Warner Cable CC# 13-3666692 (Expires 01/18/12)
Total Estimated Annual Expenditure: $150,000.00
This company is not debarred according to the Federal Excluded Parties Listing or the State Auditor's Findings For Recovery Database.
FISCAL IMPACT: Funding to establish this option contract is budgeted in the Mail, Print Services and UTC Fund. City agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize the Finance and Management Director to enter into a contract for the option to purchase business class cable television services, business class phone services, and business class data services; to authorize the expenditure of one (1) dollar to establish the contract from the Mail, Print Services and UTC Fund; to waive the competitive bidding provisions of Chapter 329 of the Columbus City Codes, 1959; and to declare an emergency. ($1.00)
Body
WHEREAS, the Purchasing Office and the Department of Technology has determined the necessity of waiving the requirements of 329.06; and
WHEREAS, it is in the best interest of the City of Columbus to waive the competitive bidding requirements for the purchase of business class cable television services, business class phone services, and business class data services; 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, because business class cable television services, business class phone services, and business class data services will be used to provide services in conjunction with various other City projects, this is being submitted for consideration as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Technology in that it is immediately necessary to enter into a contract for an option to purchase business class cable TV services, business class phone services, and business class data 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 and Management Director be and is hereby authorized to enter into contract for an option to purchase business class cable television services, business class phone services, and business class data services with terms ending March 31, 2012 with the option to extend the contracts for three (3) additional one-year periods, subject to mutual agreement, as follows:
Time Warner Cable, All items, Amount: $1.00
SECTION 2. That the expenditure of $1.00 is hereby authorized from the 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 in accordance with the Columbus City Codes, City Council has determined it is in the best interest of the City of Columbus that the bidding requirements be and hereby are waived for the action authorized in SECTION 1.
SECTION 4. That for the reason stated in the preamble here to, 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.