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HomeMy WebLinkAbout2007-12-04; City Council; Resolution 2007-3011 RESOLUTION NO. 2007-301 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT 3 TO THE CONTRACT FOR HELP DESK SERVICES WITH 4 ACS STATE AND LOCAL SOLUTIONS. INC. 5 WHEREAS, on May 27, 2003 the city executed a four (4) year agreement with 6 ACS State and Local Solutions, Inc. to provide help desk services to the city; and 7 WHEREAS, on November 30, 2007 the contract will expire; and 8 WHEREAS, the city has negotiated a six (6) month extension with ACS State 9 and Local Solutions, Inc. to provide these services; and 10 WHEREAS, sufficient funds have been budgeted and are available for use in the 11 Information Technology Department budget. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of13 Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. That the Mayor is hereby authorized to execute Amendment No. 5 17 between the City of Carlsbad and ACS State and Local Solutions, Inc. for 18 help desk services, a copy of which is attached as Exhibit A. 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Nygaard. NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: r/(SEAL) J 061-$* i AMENDMENT NO. 5 TO EXTEND THE AGREEMENT FOR TECHNOLOGY HELP DESK SERVICES ACS STATE AND LOCAL SOLUTIONS, INC. This Amendment No. 5 is entered into and effective as of the C5" day of 2007, amending the original one year agreement dated May 27, 2003 (the "Agreement"), that provided for three additional one year terms, by and between the City of Carlsbad, a municipal corporation, ("City"), and ACS State and Local Solutions, Inc., a New York corporation, ("Contractor") (collectively, the "Parties") for Technology Help Desk Services. RECITALS A. On June 17, 2004, the Parties executed Amendment No.1 to the Agreement to extend the Agreement for an additional one (1) year term; and B. On May 27, 2005, the Parties executed Amendment No.2 to the Agreement to extend the Agreement for an additional one (1) year term; and C. On May 30, 2006, the Parties executed Amendment No.3 to the Agreement to extend the Agreement for an additional one (1 ) year term; and D. On May 30, 2007, the Parties executed Amendment No. 4 to the Agreement to extend the Agreement for an additional six (6) months; and E. On November 30, 2007 the Agreement will expire. The Parties have negotiated and agreed to extend this contract on a month to month basis for a period not to exceed six (6) months. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will continue to provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" at a fixed price of Ten thousand five hundred sixty six dollars ($10,566) per month for a term not to exceed six (6) months. 3. City will provide a minimum thirty (30) days written notice to Contractor before expiration of the term. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version # 05.22.01 1 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, the State'pf Cali; (sign here) Yong The/Regional Vice President (prilrt name/title) Yong.the@acV-inc.com a mupicipal corporation of ATTEST: *By: (e-mail address) (sign here) \mAINEJM. WOOf)) /City ClerT Catherine Heberle/CFOv (print name/title) catherine.heberle@acs-inc.co? (e-mail address) If required by City, proper notary 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: RONALD , City Attorney Deputy City Attorney City Attorney Approved Version # 05.22.01 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR *By:_ (sign here) Yong The/Regional Vice President (print name/title) Yonq.the@acs-inc.com _ CITY OF CARLSBAD, a municipal corporation of the State of California My Manager or Mayor ATTEST:" (e-mail address) By: LORRAINE M. City Clerk )OD(sign here)u ///«'<n Chris Zwiener/Controller (print name/title) Chris.Zwiener@acs-inc.com (e-mail address) If required by City, proper notary 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: RONALD R. BALL, City Attorney City Attorney Approved Version # 05.22.01 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR (sign here) // Yong The/Regional Vice President (print name/title) Yonq.the@acs-inc.com CITY OF CARLSBAD, a municipal .corporation of the State of California My Manager or Mayor ATTEST- (e-mail address) *By: (sign here) Chris Zwiener/Controller LORRAINE M. City Clerk )OD (print name/title) Chris.Zwiener@acs-inc.com (e-mail address) If required by City, proper notary 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: RONALD R. BALL, City Attorney City Attorney Approved Version # 05.22.01 EXHIBIT "A" Scope of Services Help Desk Services will be provided at a fixed price of Ten thousand five hundred sixty six dollars ($10,566) per month for a term not to exceed six (6) months, per original contract dated May 27, 2003 and all subsequent Amendments. City Attorney Approved Version # 05.22.01