2646873v6 - updated 01/13/2021
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION WAIVING THE COMPETITIVE MULTIPLE -STEP
SOLICITATION PROCESS REQUIRED FOR THE ACQUISITION OF
INFORMATION TECHNOLOGY SYSTEMS, AND AUTHORIZING THE
CITY ADMINISTRATOR TO AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH EXYGY, INC FOR WEBSITE DESIGN AND
DEVELOPMENT SERVICES FOR THE CITY’S WEBSITE TO EXTEND
THE TERM BY AN ADDITIONAL YEAR A ND INCREASE THE
COMPENSATION BY AN AMOUNT NOT TO EXCEED $120,000.00 FOR A TOTAL CONTRACT AMOUNT OF $867,000
WHEREAS, Exygy, Inc, which has been providing critically needed services to support the City’s Oaklandca.gov website since February 2021; and
WHEREAS, Exygy, Inc’s current scope of work will be completed by June 30, 2023; and
WHEREAS, the initial contract to Exygy, Inc. was competitively bid and awarded through a formal RFP process; and
WHEREAS, Exygy, Inc. has supported the City of Oakland with ongoing website maintenance and improvements; and
WHEREAS, services delivered to date by Exygy, Inc, include: conducting robust internal and external stakeholder research, employing data and analytics to guide decision-making, creating a shared visio n and roadmap of development priorities, and making substantive foundational improvements to the design and structure of the website; and
WHEREAS, the work done by Exygy, Inc. has resulted in improvements to the City of Oakland’s website, including improv ed search and navigation, and prioritized redesigns of key elements of the City of Oakland’s website, including service pages, public meeting and event pages, and news pages; and
2 WHEREAS, heretofore, Exygy, Inc. has per formed acceptabl y under the terms of the agreement; and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.042.A require s that the City Administrator conduct a competitive multi -step solicitation process for the acquisition of any computerized or information technology systems; and
WHEREAS, OMC Section 2.04.042.A provides that the City Council may waive the competitive process upon a recommendation of the City Administrator and finding determination by the City Council that it is in the best interests of the City to waive the solicitation p rocesses; and
WHEREAS, staff recommends that it is in the best interest of the City to waive the multi- step solicitation process in order to build on the work done to date and ensure ongoing improvements and sustainability of the City’s website while the City migrates to a new Content Management System; and
WHEREAS, the City Administrator has determined that this contract is professional, scientific or technical and temporary in nature, and the performance of this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive services; now, therefore, be it
RESOLVED: That the Council finds and determines t hat pursuant to OMC section
2.04.042.D, for the reasons stated above an in the City Administrator’s report accompanying this resolution, it is in the best interests of the City to waive the competitive multi -step solicitation process for the information technology services to be purchased under the proposed contract and so waives the requirements; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to amend the professional services agreement with Exygy, Inc for website design and development services for the City’s website to extend the term by an additional one-year and increase the compensation by an amount not to exceed $120,000.00 for a total contract amount of $867,000; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to negotiate, execute, amend and otherwise take any action in relation to the agreement, except increasing the monetary amount without returning to City Council; and be it
FURTHER RESOLVED: That based on information provided by the City Administrator, the City Council finds that these contracts are of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; and be it
3 FURTHER RESOLVED: That prior to execution, the agreement shall be reviewed and approved as to form and legality by the City Attorney, and executed copies shall be filed with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California