Explanation
BACKGROUND: This ordinance is to authorize the Finance & Management Director to establish a new option contract with Time Warner Cable for various communication services. The current contract with TWC has only two years remaining with no extensions available. However, pricing is more favorable over a three (3) year term or more, thereby requiring a new contract to be established for purchases of business class cable television services, business class phone services and business class data services.
Given the complexity of the City's systems and services needed, as well as the embedded nature of their services it isn't practical to do a competitive bid at this time; therefore, waiver legislation is being submitted. At this time and for the immediate future, the Department of Technology and the Purchasing Office consider Time Warner Cable to be the only feasible provider of the services. Pricing and contract terms will be negotiated.
Emergency action is requested to ensure uninterrupted communications for all City agencies.
Time Warner Cable CC# 13-3666692 (Expires 02/14/16)
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 these option contracts is budgeted in the General 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 General Fund; to waive the competitive bidding provisions of Chapter 329 of the Columbus City Codes; to enter into a new three year term contract so the City will receive the best pricing for upcoming planned projects and to declare an emergency. ($1.00)
Body
WHEREAS, the Department of Technology and other agencies have ongoing needs to purchase business class cable television services, business class phone services, and business class data services; and
WHEREAS, a waiver of competitive bidding is necessary for this purchase in order to will receive the best pricing for upcoming planned projects; 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, 2018 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. This Council finds it is in the best interest of the City of Columbus to waive the competitive bidding provisions of Chapter 329 of the Columbus City Codes to permit the aforementioned purchase.
SECTION 3. That the expenditure of $1.00 is hereby authorized from General Fund, Organization Level 1: 45-01, Fund: 10, OCA: 450047, Object Level 3: 2270 to pay the cost thereof.
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.