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AGREEMENT FOR DATA AND VIDEO SERVICES <br />January 16, 2017 <br />Page 2 <br />Charter is currently providing services paid on a monthly basis pursuant to an existing cable <br />television franchise agreement with Charter. Staff would like to consolidate all of the existing <br />services under a single agreement on a sole source basis which requires City Council approval in <br />accordance with Santa Ana Municipal Code section 2-807(e). This section states, in part, that <br />service contracts "may be exempted from competitive bidding through an open market purchase <br />by the purchasing manager, and confirmed by the city council in the case of contracts for over <br />twenty-five thousand dollars ($25,000.00), but shall nevertheless be entered into only after <br />compliance with the rules established by the purchasing manager, which shall include the review <br />of such alternative sources of supply or performance as may be available in competition with one <br />another and selection therefrom on the basis of obtaining maximum quality at minimum . Due to <br />the significant construction investment already incurred by Charter to install fiber lines at the <br />existing City locations and staffs confirmation that the charges to the City represent a good value <br />to the City, staff determined that Section 2-807(e) applies under these circumstances. Should <br />the City obtain our own city -owned fiber network in the future, these services can be discontinued <br />at the end of minimum commitment period. <br />The attached agreement is primarily Charters standard agreement. We proposed multiple <br />changes that were rejected by the vendor, such as waiver of a jury trial and the presence of an <br />arbitration clause. However, they did agree to add a term date, a not -to -exceed amount, and <br />portability clauses. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & <br />Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City <br />assets). <br />FISCAL IMPACT <br />Funds are already budgeted and available in the Information Technology FUND 10920140-62010. <br />Fiscal Year <br />Amount <br />2017-18 (January 2018 - June 2018) <br />$150,000 <br />2018-19 (July 2018 - June 2019) <br />$300,000 <br />2019-20 (July 2019 - June 2020) <br />$300,000 <br />2019-20 (July 2020 - June 2021) <br />$300,000 <br />2019-20 (July 2021 - June 2022) <br />$300,000 <br />2019-20 (July 2022 - June 2023) <br />$300,000 <br />2019-20 (July 2023 - June 2024) <br />$300,000 <br />2020-21 (July 2024 — December 2024) <br />$150,000 <br />25D-2 <br />