HomeMy WebLinkAbout2023-071-08/15/2023-APPROVING AN EXCEPTION TO THE COMPETITIVE PURCHASING PROCESS FOR THE PURPOSE OF RENEWING THE CONTRACRESOLUTION 2023-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE COMPETITIVE PURCHASING PROCESS
FOR THE PURPOSE OF RENEWING THE CONTRACT WITH NOKIA OF AMERICA FOR
BROADBAND EQUIPMENT,SOFTWARE,FIRMWARE,AND SUPPORT SERVICES
WHEREAS,Section 8-161(d)(l)b.of the City Code authorizes the Purchasing Agent to
negotiate the purchase of supplies and services without utilizing a competitive bidding or proposal
process where the Purchasing Agent determines that although there is more than one source,the
competitive process cannot reasonably be used,or if used,will result in a substantially higher cost
to the City,will otherwise injure the City’s financial interests or will substantially impede the City’s
administrative functions or the delivery of services to the public;and
WHEREAS,in 2018,the City used a competitive process to select Nokia of America
Corporation (“Nokia”)as the City’s provider of broadband signal routing equipment and support
services (the “Services”),and entered into a Supply and Services agreement with Nokia to support
delivery of Fort Collins Connexion (“Connexion”)telecommunication services;and
WHEREAS,since 2018,the City has integrated the use of the Services into multiple
aspects of Connexion’s operations to provide public and the private subscribers with reliable
broadband communication services;and
WHEREAS,Connexion services rely on multiple integrated equipment and software
solutions,and the integration relies on the Services for dependable communication with equipment
located in Connexion customer premises;and
WHEREAS,the City desires to continue using the Services,which is in the best interests
of the City residents and Connexion ratepayers,and will save significant time and cost;and
WHEREAS,the estimated cost to renew the Services for up to five additional years exceeds
an annual cost of $200,000;and
WHEREAS,funding for the renewal though 2024 is authorized in the 2023/2024 Budget
for expenditure from the Light &Power Fund;and
WHEREAS,funding for 2025 through 2028,will be requested through successive
Budgeting for Outcomes Processes;and
WHEREAS,the City’s Purchasing Agent has determined that although there is more than
one source for the Services,the competitive process,if used,would result in a substantially higher
cost to the City,would otherwise injure the City’s financial interests,and substantially impede the
City’s administrative functions or the delivery of services to the public;and
WHEREAS,the Purchasing Agent and other City staff recommend the adoption of this
Resolution;and
WHEREAS,the Purchasing Agent has submitted a written justification to the City
Manager for approval,pursuant to the requirements in Section 8-161(d)of the City Code;and
WHEREAS,the City Manager has reviewed and approved the justification for the
proposed exception to renew the contract with Nokia;and
WHEREAS,Section 8-161(d)(3)of the City Code requires prior approval of this
purchasing method by the City Council for all procurements which exceed $200,000.
NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council hereby approves the renewal of a Supply and Services
Agreement with Nokia of America Corporation for up to five years,as an exception to the City’s
competitive purchasing process requirements,for the reasons set forth herein.
Section 3.That the Purchasing Agent may use this approval,as authorized in City
Code Section 8-161(d)(4),as the basis for negotiating the additional purchase of services from
Nokia through July 2028.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of August,2023.
AflEST:
Chief Deputy City Clerk