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28 RESOLUTION NO. RES-22-0026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH KYNDRYL,
INC., WITHOUT ADVERTISING FOR BIDS, TO PROVIDE
DISASTER RECOVERY TECHNOLOGY SERVICES, IN A
TOTAL ANNUAL AMOUNT NOT TO EXCEED $149,266,
FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO
RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS AT
THE DISCRETION OF THE CITY MANAGER
WHEREAS, in 1989, the City entered into a Master Purchase Agreement with International Business Machines Corporation (IBM); and
WHEREAS, in 2020, using the Master Purchase Agreement with IBM, the City purchased information technology recovery services (Transaction Document No. 31) provided in their Boulder, CO facility; and
WHEREAS, this facility houses the City's entire back-up assets for its Windows servers, Linux servers, and the City mainframe; and WHEREAS, on May 26, 2021, the City was notified that IBM was transferring its managed infrastructure services business to a new public company, Kyndryl; and WHEREAS, only the services provided in Transaction Document 31 to the IBM Master Purchase Agreement will be transferred to Kyndryl; and WHEREAS, Kyndryl has agreed to assume all of the contractual obligations under the IBM Master Purchase Agreement so there will be no interruption to the disaster recovery technology services City relies on; and
WHEREAS, sustaining the City's mainframe and this back-up location remains necessary and has extended beyond initial forecasts due to delays in the Munis 1 EWM:bg A22-00145 (01-21-2022)
01352068. DOCX
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1 implementation; and
2 WHEREAS, significant monetary investment, architecture, and physical 3 testing of the back-up location for the mainframe prevents the City from moving back-up 4 data assets from this location and vendor to a new location and/or vendor; and 5 WHEREAS, as such, no useful purpose would be served by advertising for 6 bids and to do so would constitute an idle and useless act and an unnecessary expenditure 7 of public funds;
8 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 9 follows:
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Section 1. The City Manager is hereby authorized to enter into a contract, without advertising for bids, with Kyndryl, Inc. for providing disaster recovery technology services in a total annual contract amount not to exceed One Hundred Forty-Nine Thousand Two Hundred Sixty-Six Dollars ($149,266), for a period of one (1) year, with the option to renew for four (4) additional one-year periods at the discretion of the City Manager. If the sole source status of Kyndryl, Inc. changes, City shall publicly bid instead of extending the contract.
Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
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2 EWM:bg A22-00145 (01-21-2022)
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1 I hereby certify that the foregoing resolution was adopted by the City Council 2 of the City of Long Beach at its meeting of February 8 '2022 3 by the following vote:
4 5 Ayes: Councilmembers: Zendejas, Allen, Price, Supernaw, 6 Mungo, Saro, Uranga, Austin,
7 Richardson.
8 9 Noes: Council members: None.
10 11 Absent: Councilmembers: None.
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