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20598I ORDINANCE NO. 20,598 2 3 AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDS; TO 4 AWARD A DARK FIBER CONNECTION AGREEMENT TO 5 WINDSTREAM COMMUNICATIONS, IN THE AMOUNT OF FOUR 6 HUNDRED SIXTEEN THOUSAND, SIX HUNDRED FORTY -FOUR 7 DOLLARS ($416,644.00); AND FOR OTHER PURPOSES. 8 9 WHEREAS, the first phase of an overall technology upgrade for the City is the improvement of 10 connectivity via a fiber ring that will encompass several of the City's large facilities, including the Central 11 Fire Station, the Fire Training Academy, J.E. Davis Facility for Fleet Services and Public Works, the Zoo, 12 and the Little Rock Information Technology building; and 13 WHEREAS, this fiber ring will allow the City to have the needed connectivity speeds for a fully 14 functional disaster recovery site for the City's data, which will benefit all of the City's departments; and 15 WHEREAS, the utilization of existing fiber pursuant to the City's franchise agreements will save the 16 City millions of dollars in fiber installation costs; and 17 WHEREAS, only Windstream Communications has franchise fiber that the City can use to create the 18 ring in the required locations; and 19 WHEREAS, only Windstream Communications can install a connection to Windstream's fiber -based 20 telecommunications facilities. 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 22 OF LITTLE ROCK, ARKANSAS: 23 Section 1. The Board of Directors hereby authorizes the City Manager to enter into a fiber 24 connectivity agreement with Windstream Communications, in a form to be approved by the City 25 Attorney, in the amount of Four Hundred Sixteen Thousand, Six Hundred Forty-Four Dollars 26 ($416,644.00) to connect to a fiber -based telecommunications facility for the Central Fire Station, the Fire 27 Training Academy, Fleet Services, Public Works, and Little Rock Information Technology pursuant to 28 the City's franchise agreement with Windstream Communications. 29 Section 2. Because Windstream Communications is the only telecommunications company with a 30 Little Rock franchise agreement that provides for dark fiber that the City can use to create the ring in the 31 required locations, and because only Windstream is authorized to install a connection to Windstream's 32 fiber network, the Board declares that it is impractical and unfeasible to submit this matter to a 33 competitive bid process, and, therefore, waives competitive bidding. [Page I of 21 1 2 3 4 5 6 7 8 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 Section 3. Funds for this purchase are available from a 2010 Metropolitan Medical Response System Grant in the amount of Two Hundred Twenty Thousand Dollars ($220,000.00); appropriated funds from the Capital Improvement Budgets of the Public Works Department and the Fleet Services Department; and from City Sales Tax Funds designated for Little Rock Information Technology to pay for equipment and additional fiber costs not covered by the other funding sources.. Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance. Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency. ADOPTED: June 19, 2012 A TTE ,5114--, APPROVED: y: City Clerk Mask Stodola, AS TO LEGAL FORM: '0'�c "� . Thomas M. Carpenter, City H H H H H H H H H H H H H H [Page 2 of 21