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CITY OF COLTON Item #9 <br />AGENDA REPORT <br />FOR CITY COUNCIL MEETING OF APRIL 2, 2002 <br />TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS <br />FROM: DILU DE ALWIS, FINANCE DIRECTOR <br />SUBJECT: AWARD A CONTRACT FOR TELEPHONE & COMPUTER NETWORK <br />EQUIPMENT TO AVAYA INC. IN THE AMOUNT OF $64,693.93 AND <br />AUTHORIZE PURCHASING TO SOLICIT BIDS FOR SPLICING AND <br />TERMINATING FIBER OPTIC CABLE TO VARIOUS CITY SITES <br />DATE: MARCH 11, 2002 <br />BACKGROUND <br />The City has several of its outlying departments connected to the City's telephone system and computer <br />network at City Hall, using fiber optic cable. The departments are the City Yard, Civic Center Annex, Fire <br />Station #1, Library, Colton Community Center and Hutton Center. Staff would like to extend the fiber optic <br />network to include the RDA Building, Waste Water Treatment Facility, Fire Station #3 and the Colton Cares <br />facility. <br />DISCUSSION/ANALYSIS <br />There is new technology available directly from Avaya that will allow us to run voice over the fiber connection <br />directly from our telephone PBX. We have already installed some of this equipment in the Colton Community <br />Center. We can utilize this same technology to connect the new sites to our telephone PBX. The equipment <br />to connect the new sites to our computer network will also be installed by Avaya. Once this project is <br />complete, these off-site locations will have all of the features of our phone system and will also have a direct <br />connection to the City's computer network and e-mail services. <br />To accomplish this the City of Colton Electric Department will hang fiber optic cable on the City's existing <br />electric poles to connect each of these locations to our existing fiber optic loop. The Electric Dept. does not <br />have the proper equipment to splice, terminate and test the fiber connections. Staff is requesting authorization <br />to solicit bids to splice, terminate and test the fiber optic cable. <br />The City's telephone system and computer network equipment were originally installed in 1996 by Avaya Inc., <br />formerly Lucent Technologies and AT & T. Because phone systems operate on an integrated basis, additional <br />upgrades and equipment also have to be acquired and installed through the original system provider, Avaya <br />Inc. <br />There are well-recognized exceptions to the product designation and competitive bidding requirements under <br />the Public Contract Code. With respect to product designation issues, while the City is generally required to <br />allow "equal" products when designating a specific brand or trade name, PCC Section 3400 provides an <br />exception if the City finds that a particular product is needed to match other products already in use on a public <br />project. Clearly, the products to be installed by Avaya are designed to match those already in use at several <br />City facilities. <br />With respect to competitive bidding, an exception has been developed by case law that is relevant to this <br />project. It provides that where the nature of the subject of the contract is such that competitive proposals <br />would be unavailing or would not produce a competitive advantage, competitive bidding does not need to be <br />followed. In this situation, because of the need to specify the particular product provided by Avaya, there <br />would be no competitive advantage to be gained by soliciting bids from other entities to install that particular <br />product. Based on the above facts, we believe that competitive bidding would not apply for this purchase, <br />even though the purchase price is above the $5,000 threshold. <br />