Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
Title
CONSIDERATION OF APPROVAL OF CONTRACT FOR MIMECAST SOFTWARE LICENSES, MAINTENANCE, AND SUPPORT WITH GENERAL DATATECH, LP DBA GDT, LP (CITY COUNCIL)
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I. SUMMARY
The City requires Mimecast software licenses, maintenance, and support for reduction of email cybersecurity threats including security protection from spam, viruses, malware through scans of City emails, attachments, and URLs to prevent ransomware, phishing, and spear-phishing attacks. With the pending expiration of the City’s current service term, Staff is requesting City Council to consider approval of a new Contract with General Datatech, LP DBA GDT, LP to provide Mimecast software licenses, maintenance, and support under the State of California Cooperative Purchasing Program.
Staff is requesting City Council to consider approval of a Contract with General Datatech, LP DBA GDT, LP to provide Mimecast software licenses, maintenance, and support under the NASPO Cooperative Purchasing Program, for a total amount of $249,348.27 over a 3-year term, with an initial year amount of $85,168.47 and $82,089.90 for the second and third years.
II. RECOMMENDATION
Recommendation
1. APPROVE a contract with General Datatech, LP DBA GDT, LP for Mimecast software licenses, including software maintenance, and software support for a total contract amount not to exceed $249,348.27, for a term of 3 years; and
2. AUTHORIZE the Mayor to execute the contract after approval as to form by the City Attorney.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate and consistent with the requirements of the City’s Purchasing Ordinance.
IV. BACKGROUND
The City requires Mimecast Software Licenses for email security protection from spam, viruses, and malware. As a component of the City’s cybersecurity posture, City staff seek to ensure continuance of the City’s Mimecast software license upon expiration of the existing service term. Staff received competitive pricing from General Datatech, LP DBA GDT, LP under the NASPO Cooperative Purchasing Program.
Section 2611(g) of the City’s Municipal Code (CMC) allows City, through its Purchasing Manager, to dispense with competitive bidding processes to purchase materials, supplies, equipment, or services by utilizing a cooperative purchasing program engaged in by any local, county, State, or Federal public entity or entities, even if the contracts and implementing agreements entered into by the participating entity or association under those cooperative purchasing programs were not entered into pursuant to a process that resulted in the contract being awarded to the lowest responsible and responsive bidder under CMC 2610(i); provided, that the selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association within three years of City’s approval of the City contract entered into with the selected bidder via cooperative purchasing. The City Council has made a determination that the benefits to City of utilizing cooperative purchasing outweigh any incremental higher price that may be paid by City in certain instances as a result of not soliciting directly utilizing the lowest responsible and responsive bidder standard under CMC 2610(i).
The State of California is part of a NASPO cooperative purchasing program through which it entered into a contract with Carasoft Technology Corporation, and Carasoft Technology Corporation authorized resellers including General Datatech, LP DBA GDT, LP, referred to as the State of California Participating Addendum Number 7-17-70-40-05 and Utah NASPO ValuePoint Master Agreement Number AR2472, after engaging in a competitive bidding process, whereby it now receives Mimecast licenses at a significantly discounted rate. The City’s Purchasing Manager has determined that the competitive bidding or proposal process utilized by the State of California complies with the requirements of Section 2611(g) of the CMC and has therefore, waived the formal bidding process for procurement of the Mimecast licenses.
City staff seeks approval from City Council of a contract with General Datatech, LP DBA GDT, LP for total amount not to exceed $249,348.27 for a term of three (3) years.
V. FISCAL IMPACT
The cost associated with the 3-year contract with General Datatech, LP DBA GDT, LP is not to exceed the amount of $249,348.27. The first-year costs for software licenses, including maintenance and support, is for a total of $85,168.47.
The total cost of $85,168.47 for the initial year of software licensing, including maintenance, and support is included in the current Information Technology & Security Department FY2024-25 budget. Software licensing, maintenance and support will be included in the proposed FY2025-26 and subsequent fiscal year budgets.
|
Fiscal Year |
Amount |
Account Number |
|
FY2024-25 |
$85,168.47 |
101-54-520-101-6020 |
|
FY2025-26 |
$82,089.90 |
101-54-520-101-6020 |
|
FY2026-27 |
$82,089.90 |
101-54-520-101-6020 |
|
Total |
$249,348.27 |
101-54-520-101-6020 |
VI. EXHIBITS
1. Contract with General Datatech, LP DBA GDT, LP. (pgs. 4 - 35)
2. Purchasing Waiver. (pgs. 36 - 37)
Prepared by: Gary Carter, Director, Information Technology&Security Department