Title
Disaster Recovery as a Service Contract for the Municipal Court (Ordinance S-49749)
Description
Request to authorize the City Manager, or his designee, to enter into a contract with Kyndryl, Inc., to provide a Disaster Recovery (DRaaS) solution for the Phoenix Municipal Court. Further request to authorize the City Controller to disburse all funds related to this item. The total value of the contract will not exceed $1,080,000. Additionally, request to grant an exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18.
Report
Summary
Phoenix Municipal Court is required by the Administrative Office of the Courts (AOC) to maintain a disaster recovery posture for its systems. Without a disaster recovery solution, the ability to ensure the Court’s continuity of operations is at risk. Kyndryl, Inc has proposed a solution that provides the correct servers, support, and overall DRaaS solution for the Court’s primary enterprise system. In addition, Kyndryl, Inc offers the ability to conduct full disaster recovery tests twice a year. This contract offers the most efficient way to get the Court back to an acceptable business continuity and disaster recovery posture, ensuring its ability to resume operations in the event of a disruptive event. Additionally, this allows the Court to comply with the AOC’s policies and best practices related to the management of information technology systems.
This item has been reviewed and approved by the Information Technology Services Department.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived as a result of an approved Determination Memo based on the following reason: Special Circumstances Without Competition. The Information Technology Services Department (ITS) previously held a contract for citywide disaster recovery services which expired. ITS conducted a formal procurement for citywide Disaster Recovery-as-a-Service (DRaaS) (ITS RFP 22-001), which resulted in a successful solicitation process. The parties entered good faith negotiations but despite efforts the parties were unable to reach an agreement. ITS is in the midst of another formal procurement for citywide DRaaS (ITS RFP 23-003). Given the Phoenix Municipal Court’s requirements, and to ensure operation continuity, ITS and Phoenix Municipal Court jointly agreed to exclude their systems from the current RFP and request to establish a direct contract with Kyndryl, Inc.
Contract Term
The two-year contract term will begin on or about June 1, 2023, with an option to renew for an additional one-year term.
Financial Impact
The contract value will not exceed $1,080,000. The funds are available in the Information Technology Services Department’s operating budget.
Department
Responsible Department
This item is submitted by Interim Deputy City Manager John Chan, Phoenix Municipal Court, and the Information Technology Services Department.