ESBD_File_349137_6_Attachment G 946M4 Schedule of Liquidated Damages.pdf

RFP 304T-24-946M4

Attachment G

Schedule of Liquidated Damages

Contractor and CPA agree and acknowledge that the measure of actual damages to CPA or the State of Texas as a result of Contractor’s failure to meet any aspect of the responsibilities of the Contract or to meet specific performance standards may be difficult or impossible to calculate with precision, depending on the nature of the default. Consequently, for the failure to fully perform or deliver each of the required service identified below, CPA may require Contractor to pay the amount indicated below for such service. The services listed below are each separately subject to the assessment of liquidated damages. The assessment of liquidated damages for the failure to perform or deliver a listed service neither requires nor precludes the assessment of liquidated damages for any other failure to perform or deliver in accordance with this Contract. CPA and Contractor agree an event which may result in the assessment of liquidated damages is not the kind of event that can be remedied by the Contractor and therefore CPA and Contractor agree that CPA is not required to give notice or opportunity to remedy prior to assessing these liquidated damages.

CPA and Contractor agree and acknowledge that the amounts of liquidated damages set forth in this Schedule are not intended to be a penalty but are intended to be a reasonable estimate of the amount of financial loss or damages to CPA and Customer(s) in the event of the occurrence of any of the related categories of listed events.

CPA does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of contract by Contractor. The failure of CPA to assess liquidated damages in any instance where CPA is entitled to liquidated damages pursuant to the terms of this Contract shall not constitute waiver of CPA’s rights to assess liquidated damages. If any portion of the liquidated damages provisions is determined to be unenforceable, the other liquidated damages provisions not found to be unenforceable shall remain in full force and effect.

CPA will assess the amount of liquidated damages in accordance with this schedule and send written notice to Contractor requesting payment. Contractor shall pay the assessed amount in 30 days. CPA reserves the right to deduct the liquidated damages from any payments owed by CPA or Customer to Contractor.

An assessment of liquidated damages pursuant to this Schedule does not waive or affect any other remedy or claim of damages available to CPA, pursuant to the Contract, for breach or default by Contractor. If CPA determines, at its sole discretion, that Contractor's failure to perform is unabating or likely to adversely affect the Contract or security of account owners, CPA may elect to pursue other remedies available, including but not limited to, termination of the Contract, filing a claim with Contractor's insurance or performance bond, or other remedies available to CPA under this Contract, under applicable law or in equity.

RFP Section Requirement Measurement

Assessment Liquidated Damage

1 Attachment E, Section E.2.1, paragraph E, and Attachment F, Section F.2.1, paragraph E.

Contractor shall provide a Program System with 24 hours/7 days/week availability without any downtime in excess of 2 hours during any 24-hour period during Monday through Friday (excluding federal and state holidays), during the contract term, except for scheduled maintenance for which CPA has received 10 days’ advance notice.

Any downtime in excess of two hours in a 24-hour period.

$250 per hour of downtime

$2000 maximum daily cap for same occurrence

2 Attachment E, Section E.2.1, paragraph J, and Attachment F, Section F.2.1, paragraph J

In the event Contractor fails or is unable to restore full Program System functionality within two hours during Monday through Friday (excluding federal and state holidays), Contractor shall:

-notify CPA immediately; and -use commercially reasonable efforts to develop in a timely fashion procedures or routines, for use by Customers, which, when employed in the regular operation of, or access to, the Program System, will avoid or substantially diminish the practical adverse effects of the loss of major functionality to the Program System.

Failure to:

-notify CPA immediately

OR

-use commercially reasonable efforts to develop in a timely fashion procedures or routines, for use by Customers, which, when employed in the regular operation of, or access to, the Program System, will avoid or substantially diminish the practical adverse effects of the loss of major functionality to the Program System.

$250 per each occurrence of failure to notify

$250 per hour of downtime without efforts

$2000 maximum daily cap for same downtime occurrence

2.A Attachment E, Section E.3.1, paragraph A.2

Contractor must provide a minimum of two Dedicated Account Managers from the pool of three Dedicated account managers accessible by direct toll-free phone, and email, to handle questions and resolve questions, Monday through Friday (excluding federal and state holidays) from the core hours of 8 am to 5 pm Central Time.

Dedicated Account Manager is unavailable in excess of two hours in a calendar day, Monday through Friday (excluding federal and state holidays) during the core hours of 8 am to 5 pm Central Time.

$250 per hour

$2000 maximum daily cap for same occurrence

2.B Attachment F, Section F.3.1, paragraph A.2

Contractor must provide one Dedicated Account Manager or Designated alternate, accessible by direct toll-free phone, and email, to handle questions and resolve questions, Monday through Friday (excluding federal and state holidays) from the core

Dedicated Account Manager or Designated alternate is unavailable in excess of two hours in a calendar day, Monday through Friday (excluding federal and state holidays) during the

$250 per hour

$2000 maximum daily cap for same occurrence hours of 8 am to 5 pm Central Time.

core hours of 8 am to 5 pm Central Time.

2.C Attachment E, Section E.3.1, paragraph A.4 and Attachment F, Section F.3.1, paragraph B

Contractor shall notify CPA in writing, at least 15 calendar days prior to any change of a Dedicated account manager.

Each failure to provide at least 15 calendar days notice.

$500 per failure to provide 15 calendar days’ notice.

3.A Attachment E, Section E.3.1, paragraph B.1, B.2 and B.3

Contractor shall provide a minimum of three Dedicated customer service representatives (CSRs) or Designated alternate, accessible by phone, or email to handle questions and customer service matters, Monday through Friday (excluding federal and state holidays) from the core hours of 8 am to 5 pm Central Time.

Each hour that a Dedicated CSR or alternate is unavailable in excess of two hours during the core hours of 8 am to 5 pm Central Time during a calendar day, Monday through Friday (excluding federal and state holidays).

$250 per hour

$2000 maximum daily cap for same occurrence

3.B Attachment F, Section F.3.1, paragraph C.1, C.2 and C.3

Contractor shall provide a minimum of two Dedicated customer service representatives (CSRs) or Designated alternate, accessible by phone, or email to handle questions and customer service matters, Monday through Friday (excluding federal and state holidays) from the core hours of 8 am to 5 pm Central Time.

Each hour that a Dedicated CSR or alternate is unavailable in excess of two hours during the core hours of 8 am to 5 pm Central Time during a calendar day, Monday through Friday (excluding federal and state holidays).

$250 per hour

$2000 maximum daily cap for same occurrence

3.C Attachment E, Section E.3.1, paragraph B.2 and B.4

Provide a minimum of four Designated customer service representatives (CSRs), accessible by toll-free phone, or email to handle questions and customer service matters, on weekends, holidays and Monday through Friday (excluding federal and state holidays) when Dedicated CSRs are unavailable.

Each hour that a Designated CSR is unavailable during in excess of two hours during a 24-hour period during weekends and holidays.

$250 per hour

$2000 maximum daily cap for same occurrence

3.D Attachment F, Section F.3.1, paragraph C.2 and C.4

Provide a minimum of two Designated customer service representatives (CSRs), accessible by toll-free phone, or email to handle questions and customer service matters, on weekends, holidays and Monday through Friday (excluding federal and

Each hour that a Designated CSR is unavailable during in excess of two hours during a 24-hour period during weekends and holidays

$250 per hour state holidays) when Dedicated CSRs are unavailable.

3.E Attachment E, Section E.3.1, paragraph B.6 and Attachment F, Section F.3.1, paragraph C.6

Contractor shall address all customer service issues within 48 hours.

Each failure to address a customer service issue within 48 hours.

$250 for each occurrence

3.F Attachment E, Section E.3.1, paragraph B.7 and Attachment F, Section F.3.1, paragraph C.7

Notify CPA in writing, at least 10 calendar days prior to any change of a Dedicated CSR.

Each failure to provide at least 10 calendar days notice.

$500 for each occurrence

4.A Attachment E, Section E.3.1, paragraph C.1

Provide a minimum of two Dedicated Technical Help Desk Members or Designated alternate, accessible by toll-free phone Monday through Friday (excluding federal and state holidays) from the core hours of 8 am to 5 pm Central Time.

Each hour that a Dedicated Technical Help Desk Member or alternate is unavailable in excess of two hours during the core hours of 8 am to 5 pm Central Time during a calendar day, Monday through Friday (excluding federal and state holidays).

$250 per hour

$2000 maximum daily cap for same occurrence

4.B Attachment F, Section F.3.1, paragraph D.1 and D.2

Provide a minimum of two Dedicated Technical Help Desk Members or Designated alternate, accessible by toll-free phone Monday through Friday (excluding federal and state holidays) from the core hours of 8 am to 5 pm Central Time.

Each hour that a Dedicated Technical Help Desk Member or alternate is unavailable in excess of two hours during the core hours of 8 am to 5 pm Central Time during a calendar day, Monday through Friday (excluding federal and state holidays).

$250 per hour

$2000 maximum daily cap for same occurrence

4.C Attachment E, Section E.3.1, paragraph C.4 and Attachment F, Section F.3.1, paragraph D.4

Notify CPA in writing, at least 10 calendar days prior to any change of a Dedicated Technical Help Desk Member.

Each failure to provide at least 10 calendar days notice.

$500 for each occurrence

5 Attachment E, Section E.3.1, paragraph D and

Maintain a toll-free cardholder customer service line operating 24 hours a day, 365 days a year.

Each hour that the toll-free customer service line is not available in excess of two hours in a 24-hour period.

$250 per hour

Attachment F, Section F.3.1, paragraph E