2646873v6 - updated 01/13/2021
APPROVED AS TO FORM AND LEGALITY ________________________ CITY ATTORNEY’S OFFICE OAKLAND CITY COUNCIL RESOLUTION NO. _______________ C.M.S. RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO (1) AMEND THE SERVICES AGREEMENT WITH GRANICUS, INC TO INCLUDE ONEMEETING AGENDA MANAGEMENT, STREAMING VIDEO, AND PUBLIC PARTICIPATION, WEBSITE HOSTING AND CONTENT MANAGEMENT, AND BOARDS AND COMMISSIONS SOFTWARE, AND EXTEND THE TERM BY THREE-YEARS IN AN AMOUNT NOT TO EXCEED $1,125,733 WITH AN ADDITIONAL TWO ONE YEAR OPTIONAL RENEWALS FOR A TOTAL AMOUNT NOT TO EXCEED $1,706,807 OVER THE FIVE-YEAR PERIOD; AND (2) WAIVING THE COMPETITIVE MULTIPLE-STEP SOLICITATION PROCESS REQUIRED FOR THE ACQUISITION OF INFORMATION TECHNOLOGY SYSTEMS; AND (3) WAIVING THE MULTI-STEP PROPOSAL SOLICITATION AND THE LOCAL BUSINESS AND SMALL LOCAL BUSINESS PROGRAM UTILIZATION REQUIREMENT WHEREAS, the City of Oakland has maintained three separate contracts with Granicus, Inc. to support legislative management, boards and commissions, and online forms; and WHEREAS, the approval of this contract will allow the City to merge these contracts into one Enterprise Agreement, and allow for upgrades, as well as make use of their website content management system; and WHEREAS, the approval of this contract will allow the City to better integrate the City’s website content management system with our legislative system, enhance security, streamline the agenda management process, and support much needed user experience upgrades to our website and online legislative system; and WHEREAS, the approval of this contract will enable the City to achieve cost savings by bundling these services together and better serve its residents and businesses by enhancing its communication channels and streamlining its operations; and WHEREAS, funding for the first two years of this contract has been allocated in the proposed Fiscal Year (FY) 2023-25 Budget in the following accounts: Information Technology Fund (4600), Administrative Services Organization (46111), Software Subscription Professional Service Project (1004552); Information Technology Fund (4600), City Administrator:
Celso Ortiz (Jun 8, 2023 14:07 PDT)
2 Communications & Media Organization (02112), Website Development Project (1006113); Information Technology Fund (4600), City Clerk Organization (03121), DP030 Administrative Project (1000003); Telecommunications Reserve Fund (1760), KTOP Operations Organization (03211), DP030 Administrative Project (1000003); General Purpose Fund (1010), City Clerk Organization (03121), Agenda Management Project (1000127), and that funding for year 3 and option years 4 and 5 are subject to funding availability in the future budget cycles; and WHEREAS, funds will be consolidated into Information Technology Department’s Administrative Services Organization (46111) for centralized management; and WHEREAS, the City Clerk’s office relies on software provided by Granicus, Inc. for electronic delivery of all agenda content to members of the public, City Council members, and staff, live and on-demand streaming of video content, hosted services to support operations continuity, comment features to expand public access to meetings, and other essential controls over legislative files; and WHEREAS, the Mayor’s Office utilizes software from Granicus, Inc. to simplify the application and appointment process for City Boards and Commissions and the City Administrator’s office purchased software from Granicus, Inc. for online forms and workflows; and WHEREAS, in order for the City Administrator’s office to make swifter progress on its website goals, staff identified the need to find a software-as-a-service (SAAS) based Content Management System to ensure stability, security, enhanced multi-language functionality and support an improved content authoring experience for City staff.; and WHEREAS, heretofore, Granicus, Inc. has performed acceptably under the terms of previous agreements; and WHEREAS, Oakland Municipal Code (OMC) Section 2.04.042.A requires 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 processes; 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, Ordinance number 13640 and 13647 C.M.S. requires a minimum 50-percent (50%) Local Business Enterprise/Small Local Business Enterprise (“LBE/SLBE”) participation for all purchase of commodities, goods and associated services for contracts valued at or over fifty thousand dollars ($50,000) when there are at least three certified business listed in the industry, trade, or profession that constitutes a major category of work; and 3 WHEREAS, the Council may waive the City’s LBE/SLBE requirements for the purchase of commodities, goods, services, supplies or combination thereof due to a lack or limited availability of SLBEs or LBEs pursuant to Part I of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S. and because it is in the best interests of the City to do so based on the reasons discussed herein and in the Report that accompanies this Resolution; and WHEREAS, staff has not been able to identify LBE/SLBEs that can seamlessly provide the programming, development, configuration, testing, installation and professional services that Granicus, Inc. will be providing under this contract and recommends that the Council waive the LBE/SLBE program utilization because it is in the best interests of the City to do so; 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 that pursuant to OMC section 2.04.042.D, for the reasons stated above and 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 Council finds and determines pursuant to Part I of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S. that there is a lack or limited availability of SLBEs or LBEs and for these reasons and those stated above and in the City Administrator’s report accompanying this resolution, that it is in the best interests of the City to waive the LBE and SLBE utilization requirements, and so waives these requirements; and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to extend the service agreement with Granicus, Inc for web hosted services for agenda management, streaming video, website content management and public participation by an additional three-years in an amount not to exceed $1,125,733; and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to enter into two one-year contract extensions in an amount not to exceed $1,706,807 over the five-year period; 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 4 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 - NOES – ABSENT – ABSTENTION – ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California