HomeMy WebLinkAbout2008-04-22; City Council; 19411; Contract for Help Desk servicesCITY OF CARLSBAD - AGENDA BILL
AB# 19,411
MTG. 4/22/08
DEPT. IT
CONTRACT FOR
HELP DESK SERVICES
DEPT. HEA
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2008-118 awarding a contract for help desk services with Productivity
Associates, Incorporated 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 eight 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 2007-2008, Information Technology planned and budgeted for
outsourced help desk services. Requests for proposals were sent to ten plus vendors in this
service offering and eight firms responded. Using a best value evaluation process, a short-list of
two vendors was developed. Each of the vendors presented their respective service offering
before the help desk services selection panel - comprised of Information Technology staff, plus
five 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.
Based on a very thorough evaluation process, the team unanimously recommends selection of
Productivity Associates Incorporated (PAI) as the vendor best able to provide the services
required. PAI'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.)
This service will continue to provide a single phone number for employees citywide to call for
all voice, data and technology 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.
Services offered to IT and City staff include:
• Primary Help Desk support coverage - 7:00 am to 11:30 pm, Monday - Friday
• Secondary Help Desk support coverage -11 :30 pm to 7:00 am, Monday - Friday, 24
hours, Saturday, Sunday and Holidays: creating a 24 x7 support environment.
• At closure of a help ticket, email follow-up within 24 hours with the employee will occur
to determine if the employee is satisfied with the results of the services received.
• Auto-escalation 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 will increase the timeliness of ticket response and closure, as well as
assist the IT Staff in ticket queue management.
• All City staff with access to the Internet will be able to connect to the PAI'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. The
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 PAI for
purposes of opening, closing and tracking work orders, and accessing the City's knowledge
base to assist in problem resolution.
PAI 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 eight thousand six hundred and fifty dollars ($8,650)
per month for up to 575 events. If the City call volume to the help desk exceeds the 575 event
model, events will be charged at a new lower rate, with a per year, not to exceed contract
amount of One Hundred Thirty Seven Thousand Eight Hundred dollars ($137,800). Initial set
up fees of four thousand dollars ($4,000) will be required. 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 2007-08 Professional Services account.
ENVIRONMENTAL IMPACT:
Procurement of professional services is not a project and is, therefore, exempt from the
environmental review process under provisions of the California Environmental Quality Act
(CEQA).
EXHIBITS:
1. Resolution No. 2008-118 approving the contract for help desk services with ACS, State and
Local Solutions, Inc.
2. Contract with Productivity Associates, Incorporated for help desk services.
DEPARTMENT CONTACT:
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED ^
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 RESOLUTION NO. 2008-118
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE CONTRACT
3 FOR HELP DESK SERVICES WITH PRODUCTIVITY
4 ASSOCIATES, INCORPORATED
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WHEREAS, for the past nine years the City has offered technology help desk
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services to its employees; and
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WHEREAS, the help desk services offered to City staff have been provided by an8
9 out sourced help desk agency; and
10 WHEREAS, the City received proposals from six vendors to provide help desk
11 service and Productivity Associates Incorporated is the vendor best able to provide the
12 service required; and
13 WHEREAS, sufficient funds have been budgeted, and are available for use in the
14 Information Technology Department budget.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
19 2. That the Mayor is hereby authorized to execute a contract between the
20 City of Carlsbad and Productivity Associates Incorporated for help desk
21 services, a copy of which is attached as Exhibit 2
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
L/ORRA/fJE M. WitoC, City C%k,,,,,u
(SEAL0 X-^
AGREEMENT FOR TECHNOLOGY HELP DESK SERVICES
PRODUCTIVITY ASSOCIATES, INC. (PAI)
THIS AGREEMENT is made and entered into as of the ^A5 day of
fiflj^JL , 2008, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Productivity Associates, Inc. (PAI) a California Corporation,
("Contractor").
RECITALS
A. City requires the professional services of a contractor that is experienced
in providing help desk services.
B. Contractor has the necessary experience in providing professional
services and advice related to the help desk services required by the City.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
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 Thirty Seven Thousand Eight Hundred dollars ($137,800) per 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.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement. Work under this
agreement shall begin within ten (10) calendar days after Agreement signing, with the
City being "live" using the Contractor's systems and services by May 1, 2008.
5. COMPENSATION
City shall pay PAI each month, in advance, according to the Pricing Schedule(s)
outlined in Appendix B, Pricing. The total fee payable for the Services to be performed
during the initial Agreement term will not exceed One Hundred Thirty Seven Thousand
Eight Hundred dollars ($137,800). 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 (10th) 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 to the following address: City
of Carlsbad, Information Technology Department, 1635 Faraday Avenue, Carlsbad, CA
92008.
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. FEE REDUCTIONS
Exhibit "B" specifies certain "Fee Reductions" that may be imposed 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.
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7. TRAINING
Contractor will provide two initial training seminars prior to going live with the Service.
The goal of these seminars will be to train the City's technical personnel on the use of
the Rhesolution system. The Contractor and the City will mutually agree upon the
format and, content of these seminars. Each seminar will be up to three hours in length.
The City's user community will be provided with documented instructions. These
instructions will provide the user community with step-by-step instructions on the correct
procedures for placing a trouble ticket call, submitting a trouble ticket via email and web,
as well as how to review 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).
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 and 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 and City management agree to promptly communicate to determine a
remedy or mutually agreeable course of action. City has the right to require a
replacement PAI employee if another mutually agreeable course of action cannot be
agreed upon.
10. END-USER SATISFACTION AND COMMUNICATION
Contractor and the City shall jointly 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.
11. STATUS OF CONTRACTOR
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.
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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.
14. LIMITATION OF LIABILITY:
In the event PAI developed programs malfunction or PAI's employees are negligent, and
such malfunction or negligence is the sole and direct cause of inaccurate or inadequate
results obtained by City or the loss, alteration, or improper access of City's programs or
data, or any other event or circumstance, PAI's liability shall be limited to general money
damages in an amount not to exceed $500,000. Such limitation shall be the extent of
PAI's liability in the event of any alleged defaults by PAI under this Agreement, including
alleged acts of negligence or breach of contract and regardless of the form in which any
legal or equitable claim may be brought against PAI and the foregoing shall constitute
City's exclusive remedy.
Under no circumstances shall PAI be liable for any loss of profits or for special,
consequential, or exemplary damages, even if PAI has been advised of the possibility of
such damages. Additionally, no action regardless of form arising out of the services
under this Agreement may be brought by either party more than one year after the cause
has been discovered, except that an action for nonpayment may be brought within one
year of the date of the last payment.
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15. INDEMNIFICATION
Subject to the terms and limitations of Section 14, 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 by any negligence, recklessness,
or willful misconduct 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.
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.
16. 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 agents, representatives, employees or subcontractors. 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".
16.1 Coverages 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.
16.1.1 Commercial General Liability 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.
16.1.2 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.
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16.1.3 Workers' Compensation and Employer's Liability. 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.
16.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of three years following the date of completion of the work.
16.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
16.2.1 The City will be named as an additional insured on General
Liability.
16.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
16.2.3 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.
16,3 Providing Certificates of Insurance and Endorsements. Prior to City's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to City.
16.4 Failure to Maintain Coverage. 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.
16.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
17. 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.
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18. 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 one (1) year from the date of final
payment under this Agreement.
19. OWNERSHIP OF DOCUMENTS
All data generated by PAI for City or for City Clients in the course of Contractor's
performance of the Services that is captured in PAI's ticket tracking system (i.e., help
desk ticket data, event data and answer book entries specific to City or City clients)
(collectively, the "City Data") shall be the property of City at all times (even when in
Contractor's possession) and shall not be used for any other work by PAI nor shall PAI
permit such use by others. Upon request of City, and in any event, upon the termination
of this Agreement, PAI will assist City in exporting the City Data to another database
which conforms to industry data standards. Notwithstanding the foregoing, all
processes and practices that PAI uses to perform the Services, as well as all systems
and tools, related to such processes and practices, and all components of such
processes and practices, are and shall remain the sole property of Contractor and
Contractor retains all rights in connection therewith.
The RHESolution system and all pertinent code and rights shall remain the exclusive
property of Contractor.
20. 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.
21. 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:
Name Kerry Jezisek
Title Senior Management Analyst
Department Information Technology
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad. CA. 92008
Phone No. 760-602-2450
For Contractor:
Name Paul Jennings
Title Vice President. Sales
Address 5625 Ruffin Road. Suite 220
San Dieao. CA 92123
Phone No. 858-495-3532
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.
22. 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.
23. 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.
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24. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
25. 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 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 (10) 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 will prohibit the parties from seeking remedies available to them at law.
26. 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 sixty (60) days prior 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 having the Agreement completed. Based upon that finding City will determine the final
payment of the Agreement.
Either party upon tendering sixty (60) 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.
27. 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,
City Attorney Approved Version #11.28.06
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.
28. 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 five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
29. 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.
30. 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, nor 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.
31. 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.
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10
32. 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 al
(print name/title)ATTEST:
M.WO<£D)
x dJLfi^
r^w'"//
(print name/title)
16.
(e-mail addr,ess)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation. 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:
RONAk^Kp?AlL) City Attorney
Bv:^^/^Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
The PAI Help Desk will support the City of Carlsbad in a7x24x365 setting with a
full array of robust software processes and methodologies designed to promote
efficiency, responsiveness and cost savings for the City. The PAI 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, 1st and 2nd tier escalation, performance metrics reporting, quality
assurance in all areas of support which includes first level support of all MS
Office applications, MS Exchange 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 - 7:00 am to 11:30 pm, Monday -
Friday
• Secondary Help Desk Support Coverage - 11:30 pm to 7:00 am, Monday
- Friday, 24 hours on Saturday, Sunday and Holidays.
Customized set-up to identify high priority client callers (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 Rhesolution
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, email follow up within 24 hours with end-user to
determine if they are satisfied with the results.
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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 that have been predetermined and
mutually agreed upon on a monthly basis or as requested.
80% of all user calls answered within 60 seconds.
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 Rhesolution shall differentiate between City,
Public Access Computers (Library) and Safety applications and staff.
The Contractor shall provide the City with 25 Rhesolution remote access
logins.
Help Desk Services
"Help Desk Services" shall mean the provision of End-User support for all
IT services for the City of Carlsbad staff. Contractor shall provide to the City a
local, San Diego phone number for End-User support, an URL for web-based,
end-user self submission of tickets, remote control capabilities, and an End-User
accessible knowledge base. 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. Calls escalated to City personnel will be the responsibility of the City
unless and until they are escalated back to Contractor for action, whether by
manual or automated means. The two levels are defined as follows:
Level
First
Second
Definition
End user inquiries or
problems that can be
resolved remotely.
Complex problems or
requests that must be
resolved by on-call
technical staff.
Responsibility
Contractor Personnel
dedicated to Help Desk
services
City application services
and programming,
operations, network
services and technical
support staff
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Specific Help 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 communication 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 problem tickets not resolved on a first call basis using documented
procedures and RHESolution 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
email notification to verify satisfactory problem resolution; providing access to
problem ticket reports on a 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 knowledge base of common problems and
previously successful resolution actions; and maintaining the Help Desk web
page for the benefit of the End Users.
Organizational 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 Rhesolution
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. The goal of these reports will be to
identify problem areas. Technology, equipment, and training issues
will be at the core of these reports.
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• The City's information Technology Senior Management Analyst, or
other representative designated by the City's Information
Technology Director, and Contractor's 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.
Measures of Success
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 End-User satisfaction survey. As an ongoing indicator, Contractor shall
perform any and all analysis required to provide statistics on 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; and
following escalation procedures to ensure resolution within performance metrics
and prescribed time frames.
Help Desk Priorities and Activity Times Matrix
"Maximum Acceptance 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.
"1st Auto Escalation" 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.
"2nd Auto Escalation" 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.
"Response 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.
"Progress Inquiry" 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.
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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.
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Help Desk Priorities and Activity Times Matrix
Ticket
Type
Problem
Problem
Problem
Problem
Service
Request
Priority
Urgent
High
Medium
Low
Low
(non-
critical)
Description
Total work
stoppage on a
critical system
or operation
Serious or
potentially
critical work
slowdowns
Slight
interruptions in
work flow.
Affecting one
user.
Minimal
interruptions in
work flow and/
or waiting action
by others for
completion
Minimal
interruptions in
work flow and /
or waiting
actions by
others for
completion
Dispatch
PAI
Immediate
Immediate
Immediate
Immediate
immediate
Maximum
Acceptance
Time
CITY
15 minutes
30 minutes
1 hour
1 hour
4 hours
1st
Auto
Escalation
Auto
Escalation
Auto
Escalation
Auto
Escalation
Auto
Escalation
Auto
Escalation
2nd
Auto
Escalation
16 minutes
31 minutes
61 minutes
61 minutes
241 minutes
Maximum
Response
Time
CITY
15 minutes
30 minutes
2 hours
4 hours
8 hours
Maximum
Resolution
Time
CITY
90 minutes
180
minutes
4 hours
No
Definite
Resolution
period
No definite
resolution
period
Progress
Inquiry
PAI
1 hour
2 hours
12 hours
No follow
up
required
No follow
Up
required
Hours of Operation
Contractor shall perform Help Desk services on a 7x24 hour basis.
Primary Help Desk support coverage - 7:00 am to 11:30 pm, Monday - Friday.
Secondary Help Desk support coverage -11:30 pm to 7:00 am, Monday - Friday,
24 hours, on Saturday, Sunday and Holidays.
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Reporting /Meetings
Reports
Utilizing the reporting component of the RHESolution System, the Contractor shall
provide the City with Standard Help Desk Reports including: tier-one resolution rate
calculation, ticket performance metrics, ticket category and assigned group
breakdown analysis, ACD call statistics and Percentage of Calls answered within
Service Level Agreement calculations.
Reports will be made available to selected City personnel through the RHESolution
system.
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.
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EXHIBIT "B"
PRICING
Summary of Costs
SERVICE FEATURE COST
'Per Event' Costs
Extended Hours Premium
Remote Control Fee
TOTAL Monthly Fees
Other Fees (One Time):
Implementation Fees
$6,900.00 for up to 575 events per month
$1,500.00 per month
$250.00 per month
$8,650.00 per month
$4,000.00
Price Details
Pricing Factor
Type of Contact
Base Event Volume
Answer Time SLA
Hours of Service
Service Model
Maintenance
800#
Service Level Requested
Telephone, email, web
575 events per month to start
80% Answered within 60 Seconds
7x24x365
Provided by PAI and City of Carlsbad
Provided by City of Carlsbad, if any
PRICE MATRIX1
# of Events (Monthly) ^vlnT ^^^^^^^H
0
576
781
1,091
1,501
to
to
to
to
to
575
780
1,090
1,500
2,000
$ 12.00
$ 11.30
$ 10.70
$ 10.30
$ 10.00
$6,900.00 Base Amount 1
Start-Up Fee
A standard 30-day implementation for this project is priced at $4,000.00.
1 Once volumes have increased enough to access a new price break on the 'Per Event'
price matrix ALL events incurred during the month will be charged at the new, lower
rate.
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SERVICE FEE- EXTENDED HOURS PREMIUM
Service Package Extended Hours SLA
7x24x365 80% within 60 seconds
# of Events Extended Hours Fees
0 to 1,000
1,001 to 2,000
2,001 +
$1 ,500.00/month
$1,750.00/month
$2,000.00/month
Extended Hours Service comments: In order to maintain quality of service
and training across multiple shifts, certain costs are involved related to
training and staffing that are above and beyond the standard training
required for a single shift. This premium is a flat fee and increases
minimally with volumes.
SERVICE FEE - REMOTE CONTROL SERVICE FEE
# of Licenses Remote Control Premiums
1+ $250.00 per month
Remote Control Service comments: All that is required on the client's end
for this service is access to the Internet. No additional software or
hardware installation is necessary on servers or desktop computers at the
client's sites. All service is provided via a web portal.
Initial Service Payment
The first month's service payment plus any start up fees or additional fees are
due prior to the start date of service and are non-refundable.
Billing Process
PAI invoices in advance of services. To this end we will submit an invoice, which
will include any standard monthly and base event fees for the service month, in
advance of the service month. Then at the end of the service month a calculation
will be made based on actual billable events and an adjustment invoice will be
submitted to the City of Carlsbad.
Supplemental charges
The only supplemental charges that may be incurred beyond the monthly base
rate are overage charges, in the event that the total number of events in a given
month are more than the 575 events included in the base rate. When this occurs,
all events for that month are discounted to a lower rate and the City pays the
difference above the base rate.
Additional costs, if the City chooses the options, are as follows:
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Training
Further training on the RHESolution system for City of Carlsbad I/T staff is
always available, free of charge, when needed. If the City chooses to utilize our
end user client in the RHESolution system and requires PAI to provide the
training, we will do this for a $500 per day rate.
Multi-Year Agreement
Additional Labor Rate
Any services provided outside of this Agreement will be at the following hourly
rates:
• Project Development/Engineer level rate: $150.00/hour
• Project Agent level rate: $60.00/hour
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 10, 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), Scopes of Services, Section
'Organizational Perspective of Help Desk Function" then the City will be entitled
to a fee reduction of two and a half percent (2.5%) of the Actual Cost for the
Contract Year in which such failure occurs. The maximum fee reduction shall not
exceed two and half percent (2.5%) of the Estimated Cost for the Contract Year.
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CUSTOMER SURVEY IMPLEMENTATION PLAN
The following are guidelines for the implementation of the End-User Customer
Satisfaction Survey:
1. The first survey period will be from May 1 2008 through July 2008.
Surveys will be sent to all City Staff. This survey will serve as a course
correction / service validation tool, and will not be part of the fee
reduction process.
2. Subsequent surveys will be conducted every 6 months through the end
of the contract unless otherwise agreed to by the parties.
3. The City will submit its survey results two times a year, in January and
July.
4. City staff will be required to provide comments for any ratings of "Not
so good" or "Poor".
5. The annual rating upon which fee reduction 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.
6. Unsatisfactory survey ratings shall be reevaluated by both parties with
respect to the primary cause of concern and / or ratings based on a
single occurrence.
7. Fee reductions will be made in July of each year, beginning in 2009.
8. The City's expectation of performance will be a minimum 4.0 average
rating, on a 5.0 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.
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CUSTOMER SURVEY IMPLEMENTATION PLAN
These guidelines shall be reviewed and adjusted annually with the consent of
both parties.
APPROVED AND DATED:
Gordon Peterson
City of Carlsbad
Director of Information Technology
APPROVED AND DATED:
Paul Jennings
Productivity Associates, Inc.
V.P. Sales
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