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21563 1 ORDINANCE NO.21,563 2 3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND UNFEASIBLE 4 TO BID;TO AWARD A MAINTENANCE AGREEMENT TO MOTOROLA 5 SOLUTIONS, INC., IN THE AMOUNT OF FIVE HUNDRED FIFTY-ONE 6 THOUSAND, SEVEN HUNDRED SEVENTY-FOUR AND 16/100 7 DOLLARS ($551,774.16),WHICH PROVIDES MAINTENANCE FOR THE 8 CITY'S 800 MHZ RADIO SYSTEM INFRASTRUCTURE, PORTABLE 9 AND MOBILE RADIOS; TO REPEAL ORDINANCE NO. 20,158 10 (SEPTEMBER 15, 2009); TO REPEAL RESOLUTION NO. 14,650 11 (OCTOBER 2, 2017); TO DECLARE AN EMERGENCY; AND FOR 12 OTHER PURPOSES. 13 14 WHEREAS,the City has utilized a Motorola system for its emergency communications for a number 15 of years, and it is crucial to have a maintenance agreement in place for the system infrastructure which 16 includes portable and mobile radios used by the Little Rock Police Department;and, 17 WHEREAS, at one time, Grace Communications Company of North Little Rock, Arkansas, was the 18 only communications company in the Central Arkansas area with trained personnel,proprietary software, 19 and test equipment readily available to property maintain the City's Radio Network Infrastructure; and 20 WHEREAS, Ordinance No. 20,158 (September 15, 2009) provided that as long as Motorola could 21 certify to the City Manager that Grace Communications Company of North Little Rock was the only local 22 authorized dealer available to provide this service,then an annual resolution upon recommendation of the 23 City Manager would be sufficient for the renewal of this agreement; 24 WHEREAS,Resolution No. 14,650(October 2,2017)quoted Section 3 of Little Rock,Ark.Ordinance 25 20,158(September 15,2009)authorizing an additional one(1)-year extension of the Motorola Maintenance 26 Agreement; and 27 WHEREAS,it has been determined that Grace Communication Company of North Little Rock is no 28 longer the only authorized dealer in Central Arkansas;and 29 WHEREAS, the City of Little Rock has negotiated a Service Terms and Conditions Maintenance 30 Agreement with Motorola Solutions,Inc.,for an Annual Maintenance Agreement for an annual cost of Five 31 Hundred Fifty-One Thousand, Seven Hundred Seventy-Four and 16/100 Dollars ($551,774.16), plus 32 applicable taxes to property maintain the City's Radio Network Infrastructure System, which includes 33 portable and mobile radios used by the Little Rock Police Department;and, 34 [Page 1 of 31 1 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 2 OF LITTLE ROCK,ARKANSAS: 3 Section 1.Little Rock,Ark. Ordinance No.20,158(September 15,2009)is hereby repealed. 4 Section 2. Little Rock,Ark.Resolution No. 14,650(October 2,2017)is hereby repealed. 5 Section 3. The City Manager is authorized to enter into a service agreement in the amount of Five 6 Hundred Fifty-One Thousand, Seven Hundred Seventy-Four and 16/100 Dollars ($551,774.16), plus 7 applicable taxes,with Motorola Solutions,Inc.,to provide annual maintenance to the City's 800 MHz Radio 8 Network System Infrastructure. 9 Section 4. The City shall review at most every five (5)years if it is in the best interest of the City to 10 maintain an agreement with Motorola Solutions,Inc.to maintain the 800 MHz Emergency Communications 11 System,and this determination shall be reported by the City Manager to the Board of Directors. 12 Section 5. Because of the need to have maintenance services authorized by Motorola, Inc., and 13 Motorola Solutions, Inc., is the only entity to make an appropriate determination on this point,the Board 14 declares that it is impractical and unfeasible to submit this matter to a competitive bid process, and, 15 therefore,waives competitive bidding. 16 Section 6. As long as Motorola Solutions, Inc., is the only entity able to determine the best way to 17 provide maintenance services for Motorola, Inc., equipment used by the City, an annual resolution to add 18 another year to this agreement is authorized by this Ordinance;and,to establish the consideration for such 19 a contract a resolution is all the legislative authority required; provided that no such additional agreement 20 will be for more than a one(1)-year period of time. 21 Section 7.Funds for the specific agreement authorized by this ordinance are available in the City's 911 22 Fund,Account No.220511. 23 Section 8.Severability.In the event any portion of this ordinance is declared or adjudged to be invalid 24 or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this 25 ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or 26 unconstitutional was not originally a part of this ordinance. 27 Section 9.Repealer.All ordinances and resolutions, and parts thereof, which are in conflict with any 28 provision of this ordinance are hereby repealed to the extent of such conflict. 29 Section 10.Emergency. The need to assure the uninterrupted and proper maintenance of the 800 MHz 30 emergency communication system at all times is crucial to protect the public health, safety and welfare;an 31 emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after 32 the date of its passage. 33 PASSED: March 20,2018 34 [Page 2 of 3] 1 ATTEST: APPRO 2 ! //://' 3 MO 4 Allison Segars,Depu ity Clerk Mark Sfodola, ayor 5 APPROVED AS TO LEGAL FORM: 6 1,427, 8 Thomas M.Carpenter,City Att ney 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 3 of 3]