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21094 1 ORDINANCE NO. 21,094 2 3 AN ORDINANCE TO DISPENSE WITH THE REQUIREMENT OF 4 COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO 5 ENTER INTO A SOLE-SOURCE CONTACT WITH UNITE PRIVATE 6 NETWORKS FOR THE PURCHASE OF EQUIPMENT AND SERVICES 7 FOR THE CITY TO CONNECT TO A FIBER-BASED 8 TELECOMMUNICATIONS NETWORK OWNED BY UNITE PRIVATE 9 NETWORKS AND MADE AVAILABLE TO THE CITY THROUGH A 10 FRANCHISE AGREEMENT; TO DECLARE AN EMERGENCY; AND 11 FOR OTHER PURPOSES. 12 13 WHEREAS,the City needs fiber-based telecommunications assets in order to meet important public 14 telecommunications goals and improve the availability of services and information for the citizens of 15 Little Rock,and 16 WHEREAS, These fiber laterals connect the Southwest Community Center, Southwest Police Patrol 17 Division, West Central Community Center and the Pankey Police Substation to the City's network,and 18 WHEREAS, Unite Private Networks ("UPN") has a franchise agreement with the City of Little 19 Rock that provides for dark fiber that the City can use to create the required connections for these 20 locations,and 21 WHEREAS,Only UPN is authorized to install a lateral connection to UPN's core fiber network,and 22 WHEREAS, competitive bidding should be waived and the contract awarded to UPN, as the sole- 23 source provider of this equipment and services, because only UPN is authorized to install a lateral 24 connection to UPN's core fiber network. 25 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 26 OF LITTLE ROCK,ARKANSAS: 27 Section 1. The Board of Directors finds that competitive bidding should be dispensed with regarding 28 the purchase of equipment and services for the City to connect to a fiber-based telecommunications 29 network owned by UPN, and the contract for such equipment and services should be awarded to UPN as 30 the sole-source provider for this equipment and services because only UPN is authorized to install a 31 lateral connection to UPN's core fiber network. [Page 1 of 21 1 Section 2. The City Manager is hereby authorized to dispense with competitive bidding and to enter 2 into a sole-source contract with UPN for the purchase of equipment and services for the City to connect 3 to a fiber-based telecommunications network owned by UPN in an amount not to exceed Eighty-Seven 4 Thousand,Nine Hundred Forty-Five Dollars ($87,945.00), plus taxes and fees, for the lateral installation 5 of this service. There will be an annual maintenance fee of Nine Hundred Dollars ($900.00), with a 3% 6 cost of living increase annually for the life of the City's franchise agreement with UPN, in an amount not 7 to exceed Ten Thousand, Three Hundred Seventeen and 49/100 Dollars ($10,317.49), plus any 8 applicable taxes and fees, for the ten(10)-year term. 9 Section 3. Funding for the purchase of equipment and services is available from the Information 10 Technology Department's portion of the 3/8-Cent Capital Sales Tax. Funding for the annual maintenance 11 fee is available from the Information Technology Department's Annual Operating Budget 103030-61340. 12 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 13 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 14 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 15 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 16 ordinance. 17 Section 5. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with 18 any provision of this ordinance are hereby repealed to the extent of such conflict. 19 Section 6. Emergency Clause. The ability to link various City facilities, including but not limited 20 to public safety facilities, by fiber optics is necessary for more efficient communications and the sharing 21 of data, and therefore is essential to the public health, safety and welfare; an emergency is, therefore, 22 declared to exist and this ordinance shall be in full force and effect from and after its passage. 23 ADOPTED: September 1,2015 24 A E. . APPROVE): 25 / 26 //� //‘ 27 Sou an g ,City Clerk Mark ' odola,Mayor 28 AP 0 AS TO LEGAL FORM: 29 30 t7 31 Thomas M.Carpente` ity Attorie 32 // 33 // 34 // 'Page 2 of 21