REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a Purchase Agreement in an Amount Not-to-Exceed $936,000 for Dedicated Internet Access and DDoS Mitigation Service (F25-301)
Report
REPORT IN BRIEF
Approval is requested to authorize the issuance of a purchase agreement in the amount of $936,000 to purchase dedicated internet access and Distributed Denial of Service (DDoS) mitigation services for a five (5) year term.
EXISTING POLICY
Pursuant to Section 2.08.040 of the Sunnyvale Municipal Code, Council approval is required for the procurement of goods and/or services greater than $250,000 in any one transaction.
Pursuant to section 2.08.070 (3) Situations where solicitations of bids or proposals would for any reason be impractical, unavailing or impossible.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
BACKGROUND AND DISCUSSION
The City relies on dedicated internet access service to support critical operations, public services, and internal communications across City departments. A reliable and high-performance internet connection is essential for maintaining public-facing services, emergency response, cloud-based applications, and secure data transmission.
In addition to connectivity, the increasing frequency and sophistication of cyber threats, including Distributed Denial of Service (DDoS) attacks, highlight the need for mitigation measures. DDoS attacks can disrupt City operations, impact service availability, and pose security risks. To ensure uninterrupted service and protect the City’s IT network, the City has previously contracted DDoS mitigation services as part of its network security strategy.
The current agreements for dedicated internet service and DDoS mitigation are approaching the end of their term. To maintain service continuity and enhance protection against evolving cyber threats, the City is seeking to renew these services under a new five-year agreement. The total cost to the City will be $936,000 which includes the purchase of network firewall and upgraded network storage systems hardware, five (5) years maintenance and support, installation support, and training. These services are exempt pursuant to 2.08.070 (b)(1)
FISCAL IMPACT
Budget is available in in Fund 7027 - Technology and Communication Services under Program 15200 - Information Technology Services and Support. Information technology services are funded through transfers from other funds in the form of internal service charges.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Award a five (5) year contract purchase agreement in the amount of $936,000 for Dedicated Internet Access and DDoS Mitigation Service;
- Authorize the City Manager to authorize a purchase agreement when all necessary conditions have been met;
- Authorize the City Manager to renew the agreement for up to two (2) additional one-year periods based upon budget availability, need, acceptable pricing and service;
- Authorize the City Manager to increase the agreement up to available budgeted amounts;
- Approve a 10% contingency in the amount not to exceed $93,600; and
- Find the above actions categorically exempt under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(a).
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Kathleen Boutté Foster-Gee, Director of Information Technology
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager