116-83 City - RITA - Xerox agreement

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ORDINANCE NO. 116-83 BY: Brown, Chinnock, Galla,gher~ Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to authorize the Mayor of the City of Lakewood, Ohio (the "City") to enter into a contract entitled the Xerox Business Mana§ement System Software License AEreement (the "Xerox Contract") between the City, Xerox Computer Services (hereinafter "Xerox") and the Regional Income Tax Agency (hereinafter "RITA") and a second contract entitled the Agreement (the "RITA Contract") between the City and RITA with respect to the City's and RITA's purchase of a computer software program from Xerox and the provision of certain data processing and financial management and accounting services to the City by RITA. WHEREAS, the City and Xerox presently have in effect a lease agreement and a service agreement under which Xerox provides certain services to the City, and WHEREAS, it is hereby determined that it would be cost-effective and in the best interests of the City, for the City and RITA to purchase from Xerox a license for the use of Xerox's proprietary Xerox Business Management System computer software (the "System"), and for the City to utilize RITA's computer hardware to provide certain accounting and financial management services to the City, and WHEREAS, the existing contractual agreements between Xerox and the City provide for the utilization of substantially similar software and the provision of substantially similar services to the City, and WHEREAS, it is hereby determined that it is not feasible or cost-effective for the City to seek proposals by advertising and soli- citing bids from other vendors of software, since the System is compa- tible with the City's needs and since the purchase of the license to use the System constitutes a substantial and necessary continuation of existing relationships between the City and Xerox which are in the best interests of the City to avoid the disruption of the City's accounting and fin'ancial management, and the costs attendant thereto, that would occur if different software were to be used, and WHEREAS, RITA is a regional council of governments formed under Chapter 167 of the Ohio Revised Code, and it is hereby determined that RITA is an agency of the State or its political subdivisions with which the City may contract without advertising and bidding pursuant to Section 735.053 of the Ohio Revised Code, and WHEREAS, Section 3(B) of Arti:le V of the City's Charter permits this Council to determine the circumstances under which competi- tive bidding shall not be required, and