HomeMy WebLinkAbout2003-05-06; City Council; 17161; Contract for Help Desk Servicesn w
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CITY OF CARLSBAD - AGENDA BILL
AB# 17,161
MTG. 5-6-03
DEPT. INFOTECH
DEPT HD.
CONTRACT FOR HELP DESK SERVICES
RECOMMEND ED ACTION:
Adopt Resolution No. 2003-121 awarding a contract for help desk services with ACS State and
Local Solutions, Inc. and authorizing the Mayor to execute the contract.
ITEM EXPLANATION:
The City of Carlsbad’s Help Desk is an integral part of the Information Technology service function
provided to City staff. It is the help desk that is responsible for bringing multiple resources together
to address an employee’s technology issue or request. From “my printer is jammed” to “I need to
reset my network password”, the help desk is the funnel through which technical problems and
service requests are reported, coordinated, managed and ultimately resolved.
For the past four years the City has outsourced its technology help desk. The up front costs
associated with creating an alternate (i.e. internal) help desk center in the City‘s Information
Technology department have been reviewed several times. The expense of an internal help desk:
workspace, staff, equipment and software are significant. In order to provide top-quality services in
a cost effective manner, the Information Technology Department is recommending that the
outsourced help desk concept continue.
Utilizing an outsourced help desk, the City can be served using the latest support industry
technology, and will never have the need to worry about staffing to handle fluctuating call volumes.
Because an outsource agency, specializing in the business of providing support can spread out
their costs among several clients over a period of time, the outsourced help desk already has the
technology and the staff. It would be very costly for the City to directly provide its employee base
with the same technology improvements and staffing levels that an outsourced agency can offer.
As part of the budget for FY 2002-2003, Information Technology planned and budgeted for
outsourced help desk services. Requests for proposals were sent to ten vendors in this service offering and eight firms responded. Using a best value evaluation process, a short-list of four
vendors was developed. Each of the four vendors presented their respective service offering
before the help desk services selection panel - comprised of Information Technology staff, plus
four City employees.
Each vendor was rated on key indicators including: ability to meet the City’s service level
expectations, financial stability, quality assurance and customer satisfaction practices, call center
experience, and the robustness of the help desk tracking application utilized by the firm. The costs
for the proposed help desk solution varied by the proposed service methodology. Two vendors priced their services using an event-based model. Costs for this methodology ranged from $6,950
to $8,340 per month, per 700 events. Set-up fees of approximately $8,000 were also required. The
other two vendors offered models with a flat, monthly service rate, (unlimited events). For this
methodology, costs ranged from $1 2,621 to $1 5,687 per month. Set up fees associated with this
model ranged from $1 5,693 to $22,000.
From the list of four vendors, two firms were selected for further evaluation. These vendors were
scrutinized at an even deeper level. Evaluation criteria included: site visits, reference checks, test
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5-6-03
calls and in-depth software demonstrations. Based on the evaluation, the team unanimously
recommends selection of ACS State and Local Solutions, Inc. (ACS) as the vendor best able to
provide the services required. ACS’s service offerings, experience and financial stability were
excellent (24x7 service, 365 days per year, on-line progress inquiry capability for customers, robust
and secure call tracking software and interface, government help desk experience since 1988,
ranked 4‘h largest IT provider in Information Week‘s Top 500, annual revenues exceeding $3.6
billion last fiscal year)
In its relationship with ACS, the City gains a partner that understands help desk technologies and
the business process that surround this environment. ACS provides technical help desk support to
five Southern California cities in addition to the City of New Orleans, and has been servicing
Orange County, California for the last 16 years. The City achieves this relationship with no risk to
itself and only benefits from ACS’ vast experience and its futuristic technology infrastructure.
This service will continue to provide a single phone number for employees citywide to call for all
voice and data technical assistance. The help desk attempts to resolve all calls directly at the first
level. The calls that can’t be resolved over the phone will continue to be either routed back to the
City’s Information Technology staff or to selected outside vendors for resolution.
In addition to continuing the services already offered to IT and City staff the new and improved
services include:
Primary Help Desk support coverage - 6:OO am to 11 :30 pm, Monday - Friday, Secondary
Help Desk support coverage - 11 :30 pm to 6:OO am, Monday - Friday, 24 hours, Saturday,
Sunday and Holidays: creating a 24 x7 support environment.
Staff that serve and assist the public who use to the City’s 150+ computers at all City
Library facilities, will benefit from the newly expanded help desk service offering.
The new increase in support coverage hours will enable the entire City to participate in the
help desk program. In the past, the Safety MSA was not able to fully utilize the services
available.
At closure of ticket, personal follow-up within 24 hours with the employee will occur to
determine if they are satisfied with the results of the services received.
Autoescalation of tickets dispatched to IT support staff will ensure that all tickets are
accepted, assessed and completed within the pre-determined service level agreements.
This new service will increase the timeliness of ticket response and closure, as well as
assist the IT Staff in ticket queue management.
All City staff that have access to the Internet will be able to connect to the Contractor’s site
for an up-to-the-minute status on their ticket.
Reports will be made available to the City’s End User online through the web. These
reports will highlight service level achievements; call volume and other key metrics.
A status of major City systems will be available to users by simply accessing the help desk
web site or by calling the help desk hotline. A prerecorded greeting will alert City staff of
system status including outages: upgrades and other future impacts.
Information Technology will have secure Internet access to the City’s account at ACS for purposes
of opening, closing and tracking work orders, and accessing the City’s knowledge base to assist in
problem resolution.
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The Contractor will provide the City’s Information Technology Department with reports and other
call related information. The information collected in the tracking process will help identify training
needs, issues with hardware or software configurations, and will allow the IT Department to
function more proactively in meeting the employee’s information technology needs.
FISCAL IMPACT
The contract cost for help desk services is twelve thousand six hundred twenty one dollars
($12,621) per month, and will cover up to 700 City staff and the 650 computers in use citywide.
Initial set up fees of fifteen thousand nine hundred sixty three dollars ($15,963) will be required.
These set up and implementation funds will be billed in 12 monthly / incremental payments over
the first year of the Contract. Fee reductions in the amount of two and a half percent (2.5%) of the
total yearly contract amount may be applied should the Contractor fail to meet the City’s customer
service expectations. Funds for help desk services were budgeted in the IT Department’s 2002-03
Professional Services account.
EXHIBITS:
1. Resolution No. 2003-121 approving the contract for help desk services with ACS, State and
Local Solutions, Inc.
2. Contract with ACS, State and Local Solutions, Inc. for help desk services.
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RESOLUTION NO. 2003-121
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING THE
CONTRACT FOR HELP DESK SERVICES WITH ACS
STATE AND LOCAL SOLUTIONS, INC.
WHEREAS, for the past four years the City has offered technology help desk
services to its employees; and
WHEREAS, the help desk services offered to City staff have been provided
by an out sourced help desk agency; and
WHEREAS, the city received proposals from seven vendors to provide help
desk service and ACS State and Local Solutions, Inc. is the vendor best able to provide
the service required; and
WHEREAS, sufficient funds have been budgeted and are available for use in
the Information Technology Department budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to execute a contract between the
City of Carlsbad and ACS State and Local Solutions, Inc. for help desk services, a copy
of which is attached as Exhibit A.
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Council on the 6th day of MAY , 2003, by the following vote, to
wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
I NOES: None
ABSENT: None
ATTEST:
Page 2 of Resolution No. 2003-121
AGREEMENT FOR TECHNOLOGY HELP DESK SERVICES
ACS STATE AND LOCAL SOLUTIONS
is made and entered into as of the 2 ?a day of
by and between the CITY OF CARLSBAD, a municipal
State and Local Solutions, Inc. a New York Corporation,
("Contractor").
RECITALS
A.
services provider.
B.
advice related to the help desk services required by the City.
C.
fashion.
D.
ability to perform such work.
The City has undertaken a comprehensive initiative to engage a Help Desk
Contractor has the necessary experience in providing professional services and
Selection of Contractor is expected to achieve the desired results in an expedited
Contractor has submitted a proposal to City and has affirmed its willingness and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. - TERM
The term of this Agreement will be effective for a period of one (1) year from the date first
above written. The City Manager may amend the Agreement to extend it for three (3) additional
one (1) year periods or parts thereof in an amount not to exceed One Hundred Fifty One
Thousand Four Hundred Fifty Two dollars ($151,452) () per subsequent Agreement year.
Extensions will be based upon a satisfactory review of Contractor's performance, City needs,
and appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement. The customization work
TIME IS OF THE ESSENCE
under this Agreement will begin within ten (1 0) calendar days after Agreement signing and
Acceptance of Customization work within ninety (90) calendar days of that date.
Acceptance of Customization means that date in which a) all software modifications have been
successfully completed, tested, and accepted by the City; b) all documentation provided to the
City is verified to be complete, accurate and current with the system installed; c) all user and
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system’s management training related to customization has been successfully completed to the
satisfaction of the City.
The Information Technology Director may grant extensions of time if requested by Contractor
and agreed to in writing by both parties. The City will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the
part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not
exceed one hundred seventy thousand dollars ($1 70,000). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or Services specified in Exhibit “A”.
Contractor shall furnish the City with a single monthly invoice by the tenth (IOth) day of each
month for help desk services performed by Contractor. Each invoice shall have a unique
identification number and shall include: (i) the Purchase Order number as designated by the
City; (ii) Contractor’s Federal I.D. number, and (iii) an itemized accounting of the Charges with
respect to the preceding month. Contractor shall mail each invoice, and any associated support
documentation therefore, to the following address: City of Carlsbad, Information Technology
Department, 1635 Faraday Avenue, Carlsbad, CA 92008, Attention: Kerry Jezisek.
Invoices are payable within thirty (30) days after receipt by the City’s Information Technology
Department.
Incremental payments, if applicable, should be made as outlined in attached Exhibit “A”.
6.
on Contractor in the event that: (a) Contractor’s actual performance of Services, as measured
by the End-User satisfaction survey described in Paragraph 10 below, fails to meet the City’s
expectations; the fee reductions will not apply to unsatisfactory End-User surveys, where after
evaluation by the City, the City determines the survey results were not reflective of the
Contractor’s actual performance of Services or where the results were primarily attributable to
the City’s performance or directions to the Contractor, or (b) Contractor fails to put forth the
effort necessary to attempt to increase the tier-one resolution rate, as defined in Exhibit (A),
Scope of Services, Section “Organizational Perspective of Help Desk Function”. The Parties
acknowledge and agree that the fee reductions are intended to reflect the diminished value of
the Services as a result of any such failures. The Fee Reductions are not intended to
compensate the City for any breach or default by Contractor under this Agreement, nor
constitute penalties, damages, liquidated damages, or other compensation for any such breach or default .
FEE REDUCTIONSExhibit “B” specifies certain “Fee Reductions” that may be imposed
7. TRAINING
Contractor will provide two initial training seminars. The goal of these seminars will be to train
the City’s technical personnel and the City’s system administrator on the use of the Remedy
system. The Contractor and the City will mutually agree upon the format and content of these
seminars. Each seminar will be six hours in length. The City’s administrator will be entitled to
continued on-going training at no cost to the City.
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The City’s user community will be provided with documented instructions. These instructions will
provide the user community with on the proper procedures in placing a trouble ticket call and on
reviewing their individual open tickets.
Only experienced, qualified Contractor employees will perform the training for this Project. All
training must be conducted in a professional manner and must be completed to the satisfaction
of the City or Contractor will provide additional follow-up and / or retraining (as determined by
the City)..
8. CHANGES IN WORK
If, in the course of the Agreement, changes seem merited by Contractor or City, and informal
consultations with the other party indicate that a change in the conditions of the Agreement is
warranted, Contractor or City may request a change in the Agreement. Such changes shall be
processed by City in the following manner: A letter outlining the required changes shall be
forwarded to the City by Contractor to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A Standard Amendment to
Agreement shall be prepared by City and approved by City according to procedures described
in Carlsbad Municipal Code section 3.28.1 72. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected points of the Agreement.
9. REPLACEMENT OF PERSONNEL
The City shall have the right to require the replacement of any of the Contractor Help Desk
Services Personnel assigned to the City’s account, at any time during the term of the
Agreement, if the City believes the performance or conduct of such personnel is unsatisfactory
or not in compliance with the provisions of this Agreement. The City shall notify the Contractor
in writing in the event the City requires such action. The Contractor shall accomplish any such
replacement within fourteen (14) calendar days after receipt of notice from the City and shall
promptly replace such person with another person, acceptable to the City, with sufficient
knowledge and expertise to perform the Services assigned to such individual in accordance with
this Agreement.
10. END-USER SATISFACTION AND COMMUNICATION
Contractor shall conduct End-User satisfaction surveys semi-annually, or more frequently as the
City may determine, during the Term to measure Contractor’s performance with respect to the
City’s expectations established prior to the survey period. The surveys shall cover a
representative sample of the End-Users. The City shall provide reasonable assistance to
Contractor to: (i) identify the appropriate sample of End-Users; (ii) distribute the surveys; and
(iii) encourage participation by such End-Users in order to obtain meaningful results. The results
of the survey shall be reviewed by the Information Technology Department Director. The City
shall use the results of the End-User satisfaction surveys to determine whether Contractor is
subject to a Fee Reduction as described in Section 6 above.
1 I. STATUS OF CONTRACTOR
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Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election, City may deduct the indemnification amount
from any balance owing to Contractor.
12. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
13. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
In the event that the City employs other Contractors to perform Help Desk services as
contemplated in this Agreement, Contractor may, at it sole discretion, terminate this Agreement
without penalty or compensation to the City, upon thirty (30) days written notice to the City.
14. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable. Neither Party shall be liable for consequential, indirect, incidental or special damages
arising from the performance of this Contract, even if a Party is advised of the possibility of such
claims.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
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15. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
representatives or employees. The insurance will be obtained from an insurance carrier
admitted and authorized to do business in the State of California. The insurance carrier is
required to have a current Best's Key Rating of not less than "A-:V".
ACS policy requires that the firm's agents or subcontractors carry their own insurance
respectively. Because the City's insurance requirements must cover subcontractor and agents,
ACS agrees to use neither agents nor subcontractors when performing services under this
contract.
15. I Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless City
Attorney or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
15.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
15.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
15.1.3 Workers' Compensation and Emdover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per
accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be
required if Contractor has no employees and provides, to City's satisfaction, a declaration
stating this.
15.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained during the contract period and for an additional one-year discovery period upon
contract completion.
15.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
15.2.1 The City will be named as an additional insured on General Liability.
15.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
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15.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior
written notice to City sent by certified mail pursuant to the Notice
provisions of this Agreement.
15.3
Contractor will furnish certificates of insurance to City.
Providins Certificates of Insurance. Prior to City’s execution of this Agreement,
15.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
15.5
and certified copies of any or all required insurance policies and endorsements. ACS will make
available copies of the insurance policies in its Santa Ana office. Should City wish to review
documents, they will be hand delivered to the City. The Contractor’s courier will wait for the
material review process to occur and then return the documents to the ACS Santa Ana location.
No copies will be left with the city.
Submission of Insurance Policies. City reserves the right to review, at anytime, complete
16. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
17. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
18. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor’s records.
19. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
20. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
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For City: For Contractor:
Name
Title
Department
City of Carlsbad
Address
Name Laurence McCabe
Title Contract Administrator
Address 1400 S. Grand Ave.
Santa Ana, CA 92705
Phone No. (714) 834-2230
Phone No.
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
21. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure
under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any
of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is
required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete
and file with the City Clerk those schedules specified by City and contained in the Statement of
Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that neither
Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary
real property, business interests or income that will be affected by this Agreement or, alternatively,
that Contractor will file with the City an affidavit disclosing this interest.
22. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance of
the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor’s services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required by
this Agreement.
23. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
24. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be
used to resolve any questions of fact or interpretation not otherwise settled by agreement between
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the parties. Representatives of Contractor or City will reduce such questions, and their respective
views, to writing. A copy of such documented dispute will be forwarded to both parties involved
along with recommended methods of resolution, which would be of benefit to both parties. The
representative receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City
Manager will consider the facts and solutions recommended by each party and may then opt to
direct a solution to the problem. In such cases, the action of the City Manager will be binding upon
the parties involved, although nothing in this procedure wilt prohibit the parties from seeking
remedies available to them at law.
25. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in accordance with the Contract
terms in having the Agreement completed. Based upon that finding City will determine the final
payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
26. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
27. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted
to City, it may be considered fraud and Contractor may be subject to criminal prosecution.
Contractor acknowledges that California Government Code sections 12650 et sea., the False
Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly
submits a false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of information. If
City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may
subject Contractor to an administrative debarment proceeding as the result of which Contractor
may be prevented to act as a Contractor on any public work or improvement for a period of up to
City Attorney Approved Version #04.01.'02
8
five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to
terminate this Agreement.
28. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or
rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County
of San Diego, State of California, and the parties waive all provisions of law providing for a change
of venue in these proceedings to any other county.
29. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement or any part of it nor any monies due or to
become due under it may be assigned by Contractor without the prior consent of City, which shall
not be unreasonably withheld.
30. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
31. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to
bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
ATTEST:
(sign here)
City Clerk Ji> J BCLa ..$-f I LP
(print name/titIe)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each
of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
,
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
City Attorney Approved Version #04.01.02
10
EXHIBIT “A”
SCOPE OF SERVICES
Itemized list of what Contractor will do for City
The ACS Help Desk will support the City of Carlsbad in a 7X24X365 setting
with a full array of robust software processes and methodologies designed to promote
efficiency, responsiveness and cost savings for the City. ACS Help Desk Team will be the
central point of contact for all trouble calls and will provide a proven and successful call
management and resolution process resulting in timely resolutions. The City will be
supported by an experienced, professional Help Desk Team promoting industry “best
practices” including Service Level Management, 1 ‘‘ and 2“d tier escalation, Performance
Metrics reporting, Quality Assurance in all areas of support which includes first level
support of all MS Office applications, Groupwise email, standard Adobe Products, Internet
Explorer, client server applications, LAN, Telecom Systems, PC’s, software applications,
and general technology inquiries.
*
Primary Help Desk support coverage - 6:OO am to 1 1 :30 pm, Monday - Friday
Secondary Help Desk support coverage - 1 1 :30 pm to 6:OO am, Monday - Friday,
24 hours, Saturday, Sunday and Holidays.
Customized set-up to identify high priority clients (VIP), contact and email
information, escalation parameters.
Non-emergency Level 2 calls received after primary help desk coverage hours shall
be held, in a queue-like manner within the Remedy system, until 7:30 a.m. the next
City business day.
In a City defined escalation process, emergency Level 2 calls received after
primary help desk coverage hours will be dispatched by the Contractor to the City’s
on call personnel.
In depth detail as to progress of a problem is recorded in a trouble ticket, along with
resolution and closure remarks.
At closure of problem, personal follow-up within 24 hours with end-user to
determine if they are satisfied with the results.
Automatic Call Distribution (ACD) for more efficient call answering and reporting.
City defined escalation procedures in accordance with the Help Desk Priorities and
Activity Times matrix.
Customized reports and metrics on a monthly basis or as requested.
Average speed to answer User calls within 15 seconds.
The contractor agrees to develop a custom ACS Remedy User Interface via the
Web for City End User staff. The City will assist in the design and functionality of
City Attorney Approved Version M4.01.02
11
this interface, ensuring that ease of use and overall appearance are appropriately
suited to the City’s technology environment.
Second
The contractor agrees to supply the City with twenty-four (24) hours of custom
programming time within the initial set-up fee. The City agrees to pay the contractor
for any custom programming that goes beyond this initial time period. The rate for
customization programming will be $57.34 per hour.
problems that can be
resolved remotely services
Complex problems or
requests that must be
resolved by on-call technical
staff Services and Technical
dedicated to Help Desk
City Applications services
and programming,
Operations, Network
0 The City agrees to supply the contractor with a daily file that provides an
attendance listing of the escalation personnel. The contractor agrees to update the
primary contact and escalation information with the file provided.
Contractor recognizes the need for and agrees to maintain a segregated support
group process. As part of the initial implementation and project start up, this
process within Remedy shall differentiate between City, Public Access Computers
(Library) and Safety applications and staff.
The Contractor shall provide the City with 18 Remedy remote access dongles.
Help Desk Services
“Help Desk Services” shall mean the provision of End-User support for all IT
services for the City of Carlsbad. Contractor shall provide to the City a toll free phone
number for End-User support. Contractor shall perform Help Desk services, including, but
not limited to: help desk first level support; second level notification and support; problem
management; problem categorization and logging; problem tracking and escalation; and
problem resolution and confirmation.
Contractor personnel performing Help Desk functions shall handle all first
level calls. The Contractor Help Desk analyst shall have end-to-end responsibility for each
End-User request and will monitor each trouble ticket until resolution, even if a problem is
escalated to the second level. The two levels are defined as follows:
I support Staff
Specific Hellj Desk Services
The Contractor shall provide specific Help Desk services including but not
limited to: acting as a central point of contact for End-User technical support, including
hardware, software, and communications questions and troubleshooting, resolving as
many End-User problems as possible on a first call basis; providing problem recording,
diagnosis, identification, and prioritization for End Users; escalating and monitoring
City Attorney Approved Version #04.01.02 12
problem tickets not resolved on first call basis using documented procedures and
REMEDY to expedite and resolve problems to End-User satisfaction; providing End Users
with automated notification procedure when a problem ticket has been assigned for action
or resolved; performing End User “call back” to verify satisfactory problem resolution;
providing problem ticket reports on daily basis for discussion during morning meetings;
providing metrics to the City in order to measure performance and trend analysis for root
cause problem resolution; providing inputs to the City that are meaningful measures of
Help Desk resource utilization for cost allocation purposes; developing and maintaining a
data base of common problems and previously successful resolution actions; and
maintaining the Help Desk web page for the benefit of End Users.
Ornanizational PersPective of Help Desk Function
Contractor shall perform the Help Desk function. Contractor shall ensure that solving End-User problems is priority work. Contractor shall provide trouble-free and
responsive access to all information provided to its terminal devices by End Users.
Contractor shall create and maintain a culture that successfully meets End-User’s
expectations.
Contractor shall promptly respond to trouble calls and shall perform an
analysis of problem trends for systemic causes and multi-disciplinary reviews of individual
problem solutions. The Contractor shall review current REMEDY implementation and
provide ongoing innovative, proactive enhancements to the current procedures.
Contractor Personnel shall proactively work with City employees to solve End-User
problems.
The objective of the Help Desk is to provide first-level solutions. Contractor shall attain and
maintain this objective through the ongoing training, cross training, and rotation of
knowledgeable and appropriately trained Contractor Personnel. Additionally, the
Contractor will pursue this goal through regular on-going efforts including:
Monthly analysis reports will be provided. The goal of these reports will
be to identify problem areas. Technology, equipment, and training issues will be at the core
of these reports.
The City’s information Technology Senior Management Analyst, or other representative I
designated by the City’s Information Technology Director, and ACS’ account manager will
meet monthly. The goal of these meetings will be the identification of City
business issues and the associated advancement of tier-1 resolution rate.
The monthly analysis reports will be used in this effort.
ACS has extensive partnerships with vendors throughout the IT environment. These
partnerships provide large purchase discounts to the company. As a customer, the City of
Carlsbad will be allowed to use these discounts to purchase the necessary equipment to
drive down required tier-2 efforts and increase tier-I resolutions.
ACS will provide identified training requirements. The company will assist the City in
obtaining the required training. This may include training provided to the City staff by either
third party vendors or internal ACS resources.
City Attorney Approved Version #04.01.02 13
Measures of Success
Maximum Resolution Time
cIT/
2 hours
4 hours
12 hours
No definite
resolution
period
8 hours
Ticket
Type
Progress
Inquiry
@
2 hours
4 hours
12 hours
No follow up required
8 hours
Problem
1st Au toEscalation
@
Problem
Problem
Problem
2nd Au toEscalation - ACS
Service Request
Auto escalation
Auto escalation
Auto escalation
Auto escalation
Auto escalation
Service
Request
30 minutes
60 minutes
2 hours
2 hours
4 hours
The primary measure of success shall be End-User perception of the
responsiveness of the Help Desk to problems. This subject shall be addressed by the
Medium
Urgent
slowdowns.
Slight intemmtions in Immediate 1 hour
High
Low
Total work
stoppage on a critical system or operation.
Serious or potentially critical work
interruptions in Immediate 1 hour work flow and I
or waiting action
by others for I completion.
I user. I I Minimal I
I
Immediate 2 hours
Medium
(work
order)
No definite
resolution period
Interruptions in
work flow if not
handled with
reasonable
No follow
up required
I quickness. I Minimal I I
interruptions in
by others for
End-User satisfaction survey. As an ongoi ig indicator, Contractor sh;
Maximum
Response Time m
15 minutes
2 hours
4 hours
4 hours
6 hours
8 hours
perform any and
all analysis required to provide statisticion the following metrics and measures:
understandability of ticket descriptions and updates to the End User; technical content and
accuracy of the tickets and their updates; meeting the End-User call-back frequencies (as
a minimum); ensuring tickets receive intelligent, periodic updates; and following escalation
procedures to ensure resolution within performance metrics and prescribed time frames.
Help Desk Priorities & Activity Times
Level 2 - Primary Coverage
Monday thru Friday, 7:30 a.m. to 5:30 p.m.
**All times listed from original placement of service request
14
City Attorney Approved Version #04.01.02
“Maximum AcceDtance Time” shall mean the time until a City Information
Technology staff member in the area of responsibility defined by the initial problem
categorization notifies Contractor of trouble ticket acceptance.
“Ist AutoEscalation” shall mean the time at which, due to non acceptance of
the trouble ticket by City staff, the Contractor escalates the trouble ticket to the secondary
City Information Technology staff member in the area of responsibility defined by the initial
problem categorization.
u2nd AutoEscalation” shall mean the time at which, due to non acceptance of
the trouble ticket by secondary level City staff, the Contractor escalates the trouble ticket to
the City Information Technology Management staff member.
“ResDonse Time” is defined as the time until a City Information Technology
staff member capable of solving the problem is working toward resolution.
“Resolution Time” is defined as the time until the problem is resolved to the
satisfaction of the End-User reporting the problem.
“Prowess Inauirv” shall mean the time at which, due to the trouble ticket
exceeding the maximum resolution time, the Contractor contacts the City Information
Technology staff member assigned to the ticket in order to gain updated progress and
resolution information.
The emphasis of these metrics is ongoing, periodic communication with the
End User, which starts with Contractor’s performance of Help Desk services. It also shall
extend to the on-call representatives in each functional area.
Contractor Help Desk Personnel shall “take ownership” of the problem /
request and recognize that they have a responsibility to keep the End-User informed of
what is happening on trouble tickets and / or service requests generated through the Help
Desk. City Personnel shall periodically update the ticket and either personally call, or
request the Help Desk attendant to call the End User. Contractor shall enforce the
appropriate frequency of the periodic communications to the End User based on the
category of the problem ticket.
Hours of Operation
Contractor shall perform Help Desk services on a 7x24 hour basis.
0 Primary Help Desk support coverage - 6:OO am to 1 1 :30 pm, Monday - Friday.
Secondary Help Desk support coverage - I 1 :30 pm to 6:OO am, Monday - Friday,
24 hours, Saturday, Sunday and Holidays.
ReportindMeetincls
Reports
Utilizing a combination of the reporting component of the Remedy Action Request
System, the reporting functionality of Crystal Reports and Switch Expert 5.0, the Contractor
shall provide the City with Standard Help Desk Reports including: tier-one resolution rate
City Attorney Approved Version M4.01.02
15
calculation, ticket performance metrics, ticket category and assigned group breakdown
analysis, ACD call statistics and ASA (Average Speed in Answering Calls) calculations.
Reports will be made available to the City's End User desktop online through the
web. Contractor shall include the standard reports and the delivery to the End User
desktop in the agreed to pricing. Should the City require customized reports the
customization fee is $57.34 per hour. When requested by the City, the Contractor shall
provide the City with a written proposal for each custom report, which may be accepted or
rejected by the City. If accepted, a Standard Amendment shall be prepared pursuant to
Paragraph 8 of this Agreement.
Reports generated by Remedy, Crystal Reports and Switch Expert will be made available
to the City in various standard formats to include: MS Excel and PDF.
The City and the Contractor will meet at least quarterly to discuss
Contractor's performance and progress under this Agreement. The Contractor's Key
Personnel and other Contractor Personnel shall attend such meetings as requested by the
City. The Contractor shall provide such information that is requested by the City for the
purpose of monitoring progress under this Agreement. The frequency, formality, and
overall manner in which business decisions originating in this meeting are implemented
shall be mutually agreed upon and may be changed, at any time, by mutual agreement.
16
City Attorney Approved Version #04.01.02
EXHIBIT B
PRICING
Fee Reductions
In accordance with Paragraph 6 (Fee Reductions), if: (a), Contractor’s actual performance
of Services, as measured by the End-User satisfaction survey described in Paragraph IO,
fails to meet the City’s expectations; the fee reductions will not apply to unsatisfactory End-
User surveys, where after evaluation by the City, the City determines the survey results
were not reflective of the Contractor’s actual performance of Services or where the results
were primarily attributable to the City’s performance or directions to the Contractor or (b)
Contractor fails to put forth the effort necessary to attempt to increase the tier-one
resolution rate, as defined in Exhibit (A), Scope of Services, Section “Organizational
Perspective of Help Desk Function” then the City will be entitled to a fee reduction of two
percent (2.5%) of the Estimated Cost for the Contract Year in which such failure occurs.
The maximum fee reduction shall not exceed two and a half percent (2.5%) of the
Estimated Cost for the Contract Year.
City Attorney Approved Version #04.01.02 17
Survey:
1.
2.
3.
4.
5.
6.
7.
8.
CUSTOMER SURVEY IMPLEMENTATION PLAN
The following are guidelines for the implementation of the End-User Customer Satisfaction
The first survey period will be from January 1,2004 through June 2004.
Surveys will be sent to all City staff.
Subsequent surveys will be conducted every 6 months through the end of the
contract unless otherwise agreed-to by the parties.
The City will submit its survey results two times a year; in January and July.
City staff will be required to provide comments for any ratings of “Not so good”
or “Poor”.
The annual rating upon which fee reductions will be made will be determined,
by totaling all the ratings on a question by question basis and computing an
overall rating for the entire set of survey responses.
Unsatisfactory survey ratings shall be reevaluated by both parties with respect
to the primary cause of the concern and / or ratings based on a single
occurrence.
Fee reductions will be made in July of each year, beginning in 2004. ,
The City’s expectation of performance will be a minimum of 4.0 average rating
(on a 5 point scale) for the preceding 12-month period. An average rating for
the 12-month period of less than 3.5 will result in the maximum allowable fee
reduction.
These guidelines shall be reviewed and adjusted annually with the consent of both parties.
APPROVED AND DATED: APPROVEDANDDATED:
Lee Rauten kranz
City of Carlsbad
Director of Information Technology
Michael Sinkinson
ACS State & Local Solutions, Inc.
Senior Vice President
City Attorney Approved Version #04.01.02
18
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On April 28, 2003 , before me, Alice Joy Fields, Notary Public I
Michael Sinkinson personally appeared I
Date Name and line of Officer (ea, ‘Jane Doe, Notary Public”)
Name@) of Signer@)
0 personally known to me
eS proved to me on the basis of satisfactory
evidence
to be the person(&) whose name94 islare
subscribed to the within instrument and
acknowledged to me that he/sh#thb$ executed
the same in hislhb/l&!i/ authorized
capacity(ddd), and that by his/ddr/t&h
signature&) on the instrument the person&$, or
the entity upon behalf of which the person($)
acted, executed the instrument.
I
WITNESS my hand and official seal.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 4/28/03 Number of Pages: l8
Services Contract
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
Q 1997 National Notaly Association 9350 De Soto Ave., P.O. Box 2402. Chatsworlh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6827
Ms. Kerry Jezisek
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
May 2 1,2003
Re: City of Cm,lsbad/ACS State and Local Solutions
Technical Help Desk Services Contract
Dear Ms. Jezisek:
In signing the City of CarlsbacUACS State and Local Solutions technical help desk services contract, I signed the agreement with the title of Senior Vice President. In fact, I
hold a dual title within our company. As required by the contract, I also hold the title of
Chief Financial Officer (CFO) and possess the authority to bind the company within that
role.
Should you have any questions, do not hesitate to phone Lany McCabe at (714) 834-
2230.
Don Peloso
ACS State and hcal Solutions Chief Financial Officer