Explanation
BACKGROUND:
This ordinance authorizes the Director of the Department of Technology to continue an agreement with Columbus Fibernet LLC, for fiber optic cable maintenance services in the amount of $68,108.56 with a coverage term period one (1) year from the date of a purchase order certified by the Columbus City Auditor's Office for the CFN fiber duct system in support of the City’s fiber optic infrastructure. The original agreement (EL010409) and (EL011025) was authorized by ordinances 1296-2009, passed October 5, 2009 and 1327-2010, passed October 4, 2010 for the contract of sale for fiber and underground conduit with Columbus Fibernet, LLC, to acquire a portion of the conduit system known as Fibernet. The portion of the conduit system purchased consisted of one (1) point nine inch (1.9") duct with ninety-six (96) strand single mode fiber installed therein.
This ordinance will authorize fiber optic cable maintenance services for the CFN fiber duct system. Terms negotiated at the time of purchase waived maintenance fees for a term of five years. October of 2015 will initiate the beginning of an annual maintenance fee for the Columbus Fibernet conduit system. The terms of the contract are identified below.
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 approximately 500 miles of fiber optic cabling in various strand count quantities throughout the City. 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.
CONTRACT COMPLIANCE:
Vendor Name: Columbus Fibernet LLC CC# : 31-1762185 Expiration Date: 08/04/2016
FISCAL IMPACT:
In 2009 and 2010, the Department of Technology legislated $250,000.00 ( EL010409) ord.:1296-2009 and $4,026,556.00 (EL011025) ord.: 1327-2010, respectively with Columbus Fibernet LLC (CFN), for a contract of sale for fiber and underground conduit with Columbus Fibernet, LLC, to acquire a portion of the conduit system known as Fibernet. The total cost of this ordinance is $68,108.56 to continue fiber optic cable maintenance services in support of the City’s fiber optic infrastructure. Funds for this expense have been budgeted and are available within the Department of Technology, Information Services Division, Internal Services Fund. Including this renewal, the aggregate contract total amount is $4,344,664.56.
Title
To authorize the Director of the Department of Technology to continue an agreement with Columbus Fibernet LLC (CFN), for fiber optic cable maintenance services for the CFN fiber duct system in support of the City’s fiber optic infrastructure; and to authorize the expenditure of $68,108.56 from the Department of Technology, Information Services Division, Internal Services Fund. ($68,108.56)
Body
WHEREAS, the original agreement (EL010409) and (EL011025) was authorized by ordinance 1296-2009, passed October 5, 2009 and by ordinance 1327-2010, passed October 4, 2010 for a contract of sale for fiber and underground conduit with Columbus Fibernet, LLC, to acquire a portion of the conduit system known as Fibernet. The portion of the conduit system purchased consisted of one (1) point nine inch (1.9") duct with ninety-six (96) strand single mode fiber installed therein,; and
WHEREAS, this legislation authorizes the Director of the Department of Technology to continue 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 $68,108.56 with a coverage term period one (1) year from the date of a purchase order certified by the Columbus City Auditor's Office; and
WHEREAS, the City owns approximately 500 miles of fiber optic cabling in various strand count quantities throughout the City. 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; and
WHEREAS, the terms negotiated at the time of purchase waived maintenance fees for a term of five years, therefore October of 2015 will initiate the beginning of an annual maintenance fee for the Columbus Fibernet conduit system,; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Technology to authorize the Director to continue an agreement with Columbus Fibernet LLC (CFN), for fiber optic cable maintenance services for the CFN fiber duct system in support of the City’s fiber optic infrastructure, for the 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 continue an agreement with Columbus Fibernet LLC (CFN), 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 $68,108.56 with a coverage term period one (1) year from the date of a purchase order certified by the Columbus City Auditor's Office.
SECTION 2: That the expenditure of $68,108.56 or so much thereof as may be necessary is hereby authorized to be expended from:
Division: 47-02| Fund: 514| Subfund: 001| OCA Code: 470206| OBJ Level 1: 03| OBJ Level 03: 3336| Amount: $68,108.56|
SECTION 3: 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 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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.