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2
ORDINANCE NO. 20,220
3 AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDS; TO AWARD A
4 MAINTENANCE AGREEMENT TO IBM CORPORATION, IN THE AMOUNT
5 OF ONE HUNDRED FIFTY THREE THOUSAND, NINE HUNDRED FIFTY
6 EIGHT DOLLARS ($153,958.00) PLUS TAXES; TO AUTHORIZE ADDITIONAL
7 ANNUAL EXTENSIONS OF THIS AGREEMENT AT THE DISCRETION OF
8 THE CITY MANAGER; TO DECLARE AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
10
I l WHEREAS, the City uses an IBM mainframe computer which requires IBM operating system soft -
12 ware; and,
13 WHEREAS, purchase of the City's IBM mainframe and operating system software license subscrip-
14 tion and support was authorized by Little Rock, Ark., Ordinance No. 8,439 (February 5, 1991); and,
15 WHEREAS, the terms of the IBM operating system software license subscription and support re-
16 quire that maintenance of the software must be performed by IBM Corporation, and the City of Little
17 Rock has complied with the IBM licensing requirements; and,
18 WHEREAS, it is now time to enter into another agreement for IBM mainframe software license sub -
19 scription and support contract; and,
20 WHEREAS, as long as it can be certified to the City Manager that IBM Corporation is the only
21 company that is authorized to provide this subscription and support pursuant to the IBM software license,
22 then an annual resolution upon recommendation of the City Manager should be sufficient for the renewal
23 of this agreement;
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK, ARKANSAS:
26 Section 1. The City Manager is authorized to enter into a customer agreement for software license
27 subscription and support in the amount of one hundred fifty three thousand, nine hundred fifty eight dol-
28 lars and no cents ($153,958.00) plus applicable taxes, with IBM Corporation to provide subscription and
29 support for the City's IBM Mainframe operating system software for one (1) year.
30 Section 2. Because of the need to have periodic software maintenance performed by IBM techni-
31 cians in order to comply with the IBM software license requirements and to protect the central mainframe
32 database systems for essential city services, the Board declares that it is impractical and unfeasible to
33 submit this matter to a competitive bid process, and, therefore, waives competitive bidding.
[PAGE 1 OF 21
Ordinance to waive competitive bids and authorize a maintenance
agreement with IBM Corporation for the City's
TBM Mainframe operating system software
I Section 3. As long as IBM Corporation is the only authorized provider of software license subscrip-
2 tion and support for the IBM operating system software used by the City for its mainframe computer, an
3 annual resolution to add another year to the agreement authorized by this Ordinance, and to establish the
4 consideration for such a contract, is all the legislative authority required, provided the City Manager certi-
5 fies to the Board of Directors that there is no other local provider of this service, and provided further than
6 no such additional agreement will be for more than a one (1) year period of time.
7 Section 4. Funds for the specific agreement authorized by this Ordinance are available in the City's
8 Information Technology Operations Account No. 103030 - 61320.
9 Section 5. Severability. In the event any portion of this ordinance is declared or adjudged to be inva-
10 lid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this or-
11 dinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or
12 unconstitutional was not originally a part of this ordinance.
13 Section 6. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any
14 provision of this ordinance are hereby repealed to the extent of such conflict.
15 Section 8. Emergency. The need for immediate and uninterrupted software maintenance services is
16 necessary to protect the City's critical central mainframe database systems for essential city services and,
17 therefore, is crucial to protect the public health, safety and welfare; an emergency is, therefore, declared
18 to exist and this ordinance shall be in full force and effect from and after the date of its passage.
19 PASSED: February 16, 2010
20 ATTEST:
21
22 9r0& pjhl..P�.
23 Toya obinson, A ' tant City Clerk
24
25 APPROVED AS TO LEGAL FORM:
26
U, 27
28 Thomas M. Carpenter, Cil A orney
29
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[PAGE 2 OF 21
Ordinance to waive competitive bids and authorize a maintenance
agreement with IBM Corporation for the City's
IBM Mainframe operating system software