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, THROUGH JUNE 30, 2025, AND
INCREASE THE COMPENSATION BY AN AMOUNT NOT TO EXCEED
$120,000.00 FOR A TOTAL CONTRACT AMOUNT OF $987,000, WITH THE OPTION TO EXTEND BY AN ADDITIONAL 18 MONTHS, THROUGH
DECEMBER 31, 2026, NOT TO EXCEED $1,047,000, SUBJECT TO FUNDING
A V AILABILITY WITHOUT RETURNING TO COUNCIL
WHEREAS, Exygy, Inc., which has been providing critically needed services to support the City's Oaklandca.gov website since February 2021; and
WHEREAS, the City first executed a contract with Exygy Inc. after completing a formal Request for Qualifications (RFQ) process in October 2020 (RFQ no. 236515), and subsequently the City Council approved a two-year contract extension on November 16, 2021 (Resolution No. 88910 CMS), and another one-year extension on June 6, 2023 (Resolution No. 89758 CMS); and
WHEREAS, Exygy, Inc.'s current scope of work will be completed by June 30, 2024; 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 vision and roadmap of development priorities, and making substantive foundational improvements to the design and structure of the website; and 2 WHEREAS, the work done by Exygy, Inc. has resulted in improvements to the City of Oakland's website, including improved 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
WHEREAS, heretofore, Exygy, Inc. has performed acceptably under the terms of the agreement; 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 multistep 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 that 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, through June 30, 2025, and increase the compensation by an amount not to exceed $120,000.00 for a total contract amount of $987,000; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to extend by an additional 18 months, through December 31, 2026, not to exceed $1,047,000, subject to funding availability without returning to council.
3 FURTHER RESOLVED: That funds for this contract extension are available in the fiscal year (FY) 2024-25 adopted Midcycle Budget in the Information Technology Fund (4600), City Administrator: Communications & Media Org (02112), and Administrative Project (1000002); 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
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
3369287v1 / FH - updated 8/29/2024