Title
MOTION TO APPROVE THE CHANGE ORDER FOR THE PURCHASE OF ADDITIONAL AGENT LICENSING FOR FRESHSERVICE IT SERVICE MANAGEMENT (ITSM) IN THE AMOUNT NOT TO EXCEED $26,185.64 FROM FRESHWORKS, INC, PURSUANT TO SECTIONS 35.18(C)(7)(H), 35.18(C)(7)(I), AND 35.28(B) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(7)(h) states, “Copyrighted materials, including computer software;”
- Section 35.18(C)(7)(i) states, “Software licensing and maintenance with the company from which the software was purchased, or its authorized representative;”
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission approval.
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
- Section 35.15 defines CHANGE ORDER. "Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract ...
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