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Title:
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Customer Information System Managed Services Contract - Amendment (Ordinance S-52452) - Citywide
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Title
Customer Information System Managed Services Contract - Amendment (Ordinance S-52452) - Citywide
Description
Request to authorize the City Manager, or his designee, to execute an amendment to the Customer Information System Managed Services Contract 163045 with Ernst & Young LLP. This amendment also seeks an exception to Phoenix City Code Section 42-18 to authorize inclusion of indemnification and assumption of liability provisions in the agreement that would otherwise be prohibited.
Report
Summary
This contract and amendment enables the Water Services and Public Works departments to receive managed services, including continuous 24/7 operation, maintenance, and enhancement of the Customer Information System. This amendment also seeks approval for an exception under Phoenix City Code Section 42-20. This exception would permit the inclusion of a limitation of liability clause in this contract, which is otherwise prohibited under Section 42-18. The proposed clause would cap the contractor's total liability at the greater of:
Five times the fees paid for services in the past 12 months or;
Eleven million dollars.
This liability cap does not apply in situations involving fraud, intentional misconduct, or when the law or professional standards do not allow such a limit.
Contract Term
The contract term remains unchanged.
Financial Impact
There is no requested change to the existing spending authorization for this contract as part of this amendment.
Concurrence/Previous Council Action
City Council previously approved the Customer Information System Managed Services Contract 163045 (Ordinance S-51939) on May 21, 2025.
Department
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water Services and Public Works departments.