HomeMy WebLinkAbout2015-04-07; City Council; Resolution 2015-0793
EXHIBIT 1
1 RESOLUTION NO. 2015-079
WHEREAS, the City's existing Master Service Agreement with Allied Digital Services, LLC
defines the City as responsible for conducting the background process, including the costs
associated with background investigation and polygraph of those Allied Digital staff members
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE MASTER
SERVICE AGREEMENT WITH ALLIED DIGITAL SERVICES, LLC FOR IT
4 HELP DESK SERVICES
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WHEREAS, the City's existing Master Service Agreement with Allied Digital Services, LLC
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y defines Allied Digital Services, LLC as responsible for interviewing, screening and hiring Help
8 Desk staff for this Agreement and that said staff wouid be required to submit to and pass City's
^ background investigation and polygraph within the first six months of the engagement; and
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14 assigned to this engagement; and
15 WHEREAS, the Parties have performed in good faith with respect to said Party's
Responsibilities and notwithstanding each Party's best efforts. Allied Digital services, LLC is
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21 WHEREAS, The Parties recognizing the need to attract more potential applicants who
22 can become qualified to perform the services required herein; and
•^^ WHEREAS, The Parties recognize that the scope of this contract is focused on providing
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Help Desk Services to City staff members in all City areas EXCEPT Carlsbad Police Department
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("CPD"), and addition of CPD Help Desk Services will entail a new contract scoped specifically
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2y for CPD; and
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having difficulty in attracting qualifled individuals to Interview, screen, hire and tender to City
for City to background, polygraph, and qualify an Allied Digital staff member to perform
services at the City pursuant to the terms and conditions ofthe Agreement; and
1 WHEREAS, City has created a security implementation that effectively separates the
^ CPD network and systems from the remainder of City resources, thereby preventing Allied
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Digital staff members any access to CPD resources and networks; and
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WHEREAS, The Parties recognize that City wlll, going forward, conduct its background
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^ investigations of Allied Digital staff members and potential applicants according to City's o
7 Human Resource ("HR") Department standards for non-law enforcement background
8 investigation; and
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WHEREAS, Allied Digital would like the ability to tender pre-hire applicants to the City so
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that City may conduct its Background Process on said applicant, without Allied Digital first
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having to have interviewed, screened, and hired said applicant only to present said applicant to
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j3 the City to conduct the Background Process, and then learning that said applicant failed the
14 Background Process; and
15 WHEREAS, City is willing to conduct its Background Process on potential Allied Digital
applicants that will be placed by Allied Digital to perform the services required under this
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Agreement with the City; and
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WHEREAS, The Parties have agreed to amend Exhibit A, Section 4 Help Desk
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2Q Responsibilities - Operations and Fee as set forth below.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows that:
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1. The above recitations are true and correct.
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25 2. In addition to those services contained in the Agreement, as may have been
26 amended from time to time. Allied Digital and Qty agree to amend Exhibit A, Section 4 Help
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1 Desk Responsibilities - Operations by deleting the current tasks 1 and 1.1 and replace tasks 1
2 and 1.1 to read as follows:
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1. Interview, screen and hire Help Desk staff as required for this engagement, in
4 compliance with City's Background Process requirements. All ADSL-US staff
performing Help Desk services for City must pass City's Background Process
investigation before being eligible to perform services underthis Agreement.
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7 1.1 Conduct Background Process, including costs associated with background
investigations of those existing ADSL-US employees tendered to provide services
8 under this Agreement, and provide a staff ID for the staff members passing
background check.
3. In addition to the above changes. Allied Digital and City agree to amend Exhibit
A, Section 4 Help Desk Responsibilities - Operations by adding tasks 1.2 and 1.3 to read as
follows:
1.2 Allied Digital may tender qualified applicants to the City, who may have been
interviewed and screened but have not yet been hired by Allied Digital to perform
services under this Agreement, for City to conduct its Background Process on said
qualifled applicant. The goal of this task 1.2 is to permit Allied Digital the opportunity to
present to the City qualified applicants who are not current employees of Allied Digital
for the purpose of first completing the City's Background Process and if an applicant is
successful in passing the City's Background Process will then be hired by Allied Digital to
perform services required under this Agreement.
1.3 City will conduct its Background Process on qualified applicants tendered
to the City by Allied Digital for the purpose of providing services required by this
Agreement. City shall invoice Allied Digital the actual cost of performing the "pre-
employment" Background Process on each said qualified applicant. City shall
invoice Allied Digital the cost of said "pre-employment" qualifled applicant
1 Background Process within 30 days of completion of the qualified applicant's
2 Background Process. Allied Digital shall pay the invoice within 30 days of mailing.
3 In the event that Allied Digital fails to timely pay the invoice when due. City may
4 deduct the amount due from any fees due or payable to Allied Digital.
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6 4. All other provisions ofthe Agreement, as may have been amended from time to
7 time, will remain in full force and effect.
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5. All requisite insurance policies to be maintained by Contractor pursuant to the
9 Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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11 6. The individuals executing this Amendment and the instruments referenced in it
12 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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 7*'' day of April, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESOW^City Clerk
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