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WHEREAS, this ordinance is an emergency measure which is <br />necessary for the immediate preservation of the public peace, property, <br />health, safety and welfare in the City and for the further reasons that <br />the immediate authorizations of the Xerox Contract and the RITA Contract <br />are necessary to provlde cost-effective data processing and financial <br />management services to the City on terms that will result in substantial <br />savings to the City and that time is of the essence to provide for the <br />installation of the System and the adjustment of RITA's hardware to <br />provide such services to the City on a timely basis, <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the City of Lakewood, <br />Cuyahoga County, Ohio: <br /> <br />Section 1. It is hereby determined by this Council that: <br /> <br /> a. Pursuant to Section 3(B) of Article V of the City's <br />Charter, the Xerox Contract shall be awarded without advertising and <br />competitive bidding since under the circumstances it would be imprac- <br />tical to award the contract pursuant to competitive bidding and that it <br />will be cost-effective to the City and in the best interests of the City <br />to award the Xerox Contract without competitive bidding due to the fact <br />that th'e System to be provided to the City and RITA under, the Xerox <br />Contract makes use of substantially the same software as is currently <br />provided through the existing lease agreement and service agreement <br />between Xerox and the City, and since the Xerox Contract is a continua- <br />tion, in a different form, of the existing relationship between Xerox <br />and the City. <br /> <br /> b. Pursuant~ to the public policy set forth in Section <br />735.053 of the Ohio Revised Code, the RITA Contract shall be awarded <br />without advertising and competitive bidding since RITA is an agency of <br />the State of Ohio or political subdivision of the State of Ohio. <br /> <br /> Section 2. This C0u~cil hereby approves the Xerox Contract <br />and the RITA Contract each of which shall be substantially in the form <br />now on file with the Clerk of Council with such changes therein or <br />thereto not inconsistent with this ordinance and not substantially <br />adverse to the City as may be approved by the Mayor. The approval of <br />any such changes by the Mayor and the determination by the Mayor that <br />such changes are not inconsistent with this ordinance and that such <br />changes are not substantially adverse to the City shall be conclusively <br />evidenced by his execution of the Xerox Contract and RITA Contract, <br />respectively. <br /> <br /> · Section 3. The Mayor is hereby authorized and directed inthe <br />name of and on behalf of the City to execute and deliver the Xerox <br />Contract and the RITA Contract. <br /> <br /> Section 4. Unless subsequently increased by action of this <br />Council, the maximum amount that may be paid by the City for services <br />under the Xerox Contract and the RITA Contract are set forth under the <br />attached contract documents and hereby appropriated <br /> <br />-2- <br /> <br /> <br />