Report to Mayor and City Council
Tuesday, August 06, 2024
Consent
SUBJECT:
Title
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT FOR DATA CENTER COLOCATION AND MANAGED SERVICES. (CITY COUNCIL)
Body
I. SUMMARY
Staff is seeking City Council approval to amend an existing contract with EvoDC, LLC because the vendor requested edits after City Council approved the contract for Data Center Colocation and Managed Services on April 2, 2024. The purpose of the Data Center Colocation and Managed Services is to acquire colocation space and related managed services to relocate the City's network and server equipment into a secure and controlled environment as a component of the City's IT Disaster Recovery Protocols.
II. RECOMMENDATION
Recommendation
1. APPROVE and RATIFY the Agreement with EvoDC, LLC for Data Center Colocation and Managed Service that was approved by City Council on April 2, 2024, for $207,628.28.
2. APPROVE Amendment No.1 to Agreement with EvoDC, LLC for Data Center Colocation and Managed Services.
3. AUTHORIZE the Mayor to execute the amendment after approval as to form by the City Attorney.
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III. ALTERNATIVES
1. TAKE another action the City Council deems appropriate.
IV. BACKGROUND
On April 2, 2024, the City Council approved an agreement with EvoDC, LLC for Data Center Colocation and Managed Services. The original contract term is five years. The City and EvoDC, LLC seek to execute Amendment No. 1 which changes a few contract terms, namely, the force majeure clause and the indemnity provisions, and addition of a limitation of liability clause.
The proposed indemnity provisions place indemnity obligations on vendor only where vendor is grossly negligent or engages in willful misconduct. However, the likelihood of vendor engaging in this level of misconduct is very minimal because the vendor will provide remote hands support for the City and many other private and public sector clients due to their staff's professional expertise. In addi...
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