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HomeMy WebLinkAboutAtrilogy Solutions Group, Inc - 2006-05-15Council/Agency Meeting Held: is Deferred/Continued to: ,Approved ❑ Conditionally Approved ❑ Denied `i�k�City rk' ignatu e Council Meeting Date: 5/7/2007 Department ID Number: IS 07-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C TY COUNCIL MEMBERS SUBMITTED BY: PE • LOPE ULBRETH-GRAF , DPA, CITY ADMINISTRATOR PREPARED BY: JACK MARSHALL, DIRECTOR OF INFORMATION SERVICES SUBJECT: Approve Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inca for Temporary Technical Personnel and Consulting Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The Information Services Department would like to amend the Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc., to increase the cap amount from $100,000 to $200,000. Funding Source: Funds for contracted personnel will be from approved budgets on an as -needed basis. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consulting Services. Alternative Action(s1: Do not approve the amendment and direct staff accordingly. P. 0 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: IS 07-001 Analysis: On May 15, 2006, Council approved a Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consulting Services. The original contract has a $100,000 cap. Through the year, Atrilogy has provided temporary technical personnel to the City and we are nearing the $100,000 cap. Since the contract was signed in May 2006, we have used Atrilogy consultants for the following projects: 1. Completion of projects relating to the J.D. Edwards business software. 2. Development of "MyHB", the public internet mapping site. "MyHB" allows citizens to query addresses in the city and relates information on that address for polling locations, trash pickup days, street sweeping days, and other important city information. The site also includes an interactive map that can be used to view color aerial photos, find points of interest including city facilities, hospitals, etc. 3. Automation of City atlases used by different city departments. This allows the GIS staff to focus on developing analysis and support products instead of time consuming map projects. Staff is requesting that the cap be increased to $200,000 in order to continue using Atrilogy Solutions Group, Inc. as a provider of temporary technical personnel. The current consultant from Atrilogy is working on the following projects: 1. Expansion of the "MyHB" website to show zoning designations, property boundaries, seismic hazards, city facilities and other related data. 2. Streamline the data input process for the GIS software that the City uses to make it easier to use and more efficient. 3. Develop plan and work with staff to migrate GIS data to new server technology. Environmental Status: N/A Attachment(s): 1. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consulting Services 2. Updated Certificates of Insurance 3. Purchasing Certification Original Professional Services Contract between the City of Huntington 4. Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consultinq Services. -2- 4/3/2007 9:09 AM ATTACHMENT #1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATRILOGY SOLUTIONS GROUP, INC. FOR TEMPORARY TECHNICAL PERSONNEL AND CONSULTING SERVICES THIS AMENDMENT No 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and ATRILOGY SOLUTIONS GROUP, INC, a California corporation, hereinafter referred to as Consultant. WHEREAS, City and Consultant are parties to that certain agreement, dated May 6, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consulting Services which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to increase the compensation to be paid to Consultant by $100,000.00, NOW, THEREFORE, it is agreed by City and Consultant as follows: follows: ADDITIONAL COMPENSATION Paragraph 4 of the Original Agreement is hereby amended to read as 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT according to an agreed upon hourly rate as set forth in Exhibit A. The total amount of fees paid to CONSULTANT under this agreement shall not exceed Two Hundred Thousand Dollars ($200,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 07-827/7382 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /9-V O :7-- , 2007. ATRILOGY SOLUTIONS GROUP, INC. CITY OF HUNTINGTON .BEACH; a municipal corporation of the State of —� California By: i print namee_ ITS: (circle one) Chairm resident/Vi President Mayor . AND ity Clerk ,;#/o;L-LP 2 By: a j Al�� '� APPROVED AS TO FORM: int name S: (circle one) Secretar /Chief Financial - Officer Asst. Secretary - Treas 3, Attorney I I"'[ `1 0 INITIATED AND APPROVED: REVIEWED AND APPROVED: Dir or of Information Services Ci Administrator 07-827/7382 2 ATTACHMENT #2 121062 Atrilogy Solutions Group, Inc. Acord Certificate (page I of I) 3/13/2007 12:16:00 PM TE ACORDrM CERTIFICATE OF LIABILITY INSURANCE D 3/13/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TECHINSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ND OR 1301 Central Expy South, Suite 115 ALTER THE COVERAGE AER. THIS FFORDEDDOES NBY THE POOT LICIES BELOW. Allen, TX, 75013 (800) 668-7020 INSURERS AFFORDING COVERAGE INSURED Atrilogy Solutions Group, Inc. 385 Inverness Parkway, Ste 300 Englewood, CO 80112 INSURERA Phil adel hia Indemnity Ins. Uo. INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D YY) nON DATE EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCEDAMAGE S TO RENTED JCelS COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE 0 OCCUR _ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea ardent) S BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS STD r4IFFIcGRAT BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS , Atto e{ J PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND VAC STATAY OTH- TORY M TS ER EL. EACH ACCIDENT $ EMPLOYERS' LIABILITY EL. DISEASE -EA EMPLOYEE $ EL. DISEASE- POLICY LIMIT 1 $ A OTHER PROFESSIONALLIABILITY (Errors a O .iorn) PHSD224549 11/30/2006 11/30/2007 CLAIMS -MADE OCCURRENCE $1,000,000 AGGREGATE $1,000,000 FIDELITY BOND (TNrd Party Employee Dishonesty) EACH OCCURRENCE EMPLOYMENT PRACTICES LIABILITY EACH OCCURRENCE DESCRIPTION OF OPERATIONSILOCATIONSIVENICLESIEXCWSIONS ADDED BY EN13ORSEMENTZPECIAL PROVISIONS Evidence of Coverage Only CERTIFICATE HOLDER I I AnomONALJNSUREn-INSURER LFrrFRe CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Ann: Risk Management DATE THEREOF, THE ISSUING INSURER yMLL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Huntington Beach, CA 92648 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AL.UKU Zb-`J (7ni7) W AL.V KU wKrvKA 1 ivn ivou ACORDM CERTIFICATE OF LIABILITY INSURANCE TE 03/06/z 0 (MMIDDffYYY) PRODUCER (714)221-1800 FAX (714)221-4196 Brown & Brown of California, Inc. CA License # OB02587 PO Box 6989 Orange, CA 92863 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Atrilogy Solutions Group, Inc 385 Iverness Parkway, Ste. 300 Englewood, CO 80112 INSURER A: St. Paul -Travelers Ins Company INSURERB: INSURERC: INSURERD: INSURER E: CnVFRAGFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TT09401195 08/02/2006 08/02/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 250,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO JECT LOC AUTOMOBILE LIABILITY TT09401195 08/02/2006 08/02/2007 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) X HlredAuto-Ded$1000 PROPERTY DAMAGE $ X PhyDam-Ded$1000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY TT09401195 08/02/2006 08/02/2007 EACH OCCURRENCE $ 4,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 4,000,000 A $ $ DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION AND HEUB7178C17206 08/02/2006 08/02/2007 X I WC STATU-TORY LIMIT oTH- B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTIJER Crime-Property/Theft 006734136 08/18/2006 08/18/2007 Employee Theft - $1,000,000 Third Party Included Property Pro Clientp y - $1,000,000 Deductible - $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The Certificate Holder is included as Additional Insured as respects to General Liability, but only as respects to claims arising out of the negligence of the named insured. rr 10 Day Notice of Cancellation for Non-payment of premium. CFRTIFICATF Hnl DFR CAIJCFI I ATIr M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Huntington Beach 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn : Risk Management BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I lRoger 1=7- Gk Z_ Emmons/MSOCH ACORD 25 (2001/08) FAX: (303)265-9500 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ATTACHMENT #3 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 1 Date: 1 /31 /2007 1. Department: Information Services 2. Requested By: Colleen Keith 3. Name of Consultant: Atrilogy Solutions Group, Inc. 4. Amount of Original/Prior Contract: $100,000 5. Additional Compensation Requested: $100,000 6. Reason for Contract Amendment: Due to additional staff vacancies in the GIS division, Atrilogy has been asked to extend the GIS consulting services they are providing for several months. The amount funded for the extension is $86,000. 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Company number and object code where funds are budgeted: 10042202.69315 c epartment Head Signature VCIIUdt %3C1VIGC, LAV151uf1 ATTACHMENT #4 i (!J f2on MAY - 8 AM 9: 01 y�1 dI Y0'~. A CFi Council/Agency Meeting Held: 4� .5- aL Deferred/Continued to: J Approv d ❑ Conditionally Approved ❑ Denied r"Signa CitVlNumb"er: Council Meeting Date: 5/15/2006 Department IS-06-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: -HONORABLE MAYOR AND CITY CO NCIL MEMBERS SUBMITTED BY: PENE PE CUL RETH-GRAFT, DPA, ITY ADMINISTRATOR PREPARED BY: JACK MARSHALL, DIRECTOR OF INFORMATION SERVICES ' l SUBJECT: Approve Professional Services Contracts between the City of Huntington Beach and Atrilogy Solutions Group, Inc., The Comdyn Group and PlanNet Consulting, LLC for Temporary Technical Personnel and Consulting Services. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Information Services department would like to enter into agreements with vendors who will provide technical consulting and temporary technical personnel on an as -needed basis. Funding Source: Funds for these agreements will be from approved budgets on an as - needed basis. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute an agreement with Atrilogy Solutions Group, Inc., for Temporary Technical Personnel and Consulting Services. 2. Approve and authorize the Mayor and City Clerk to execute an agreement with The Comdyn Group for Temporary Technical Personnel and Consulting Services. 3. Approve and authorize the Mayor and City Clerk to execute an agreement with PlanNet Consulting LLC for Temporary Technical Personnel and Consulting Services. Zt �� REQUEST FOR ACTION MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:IS-06-005 Alternative Action(s): Do not approve the agreements and direct staff accordingly. Analysis: The City's Information Services department periodically has need to augment its staff, either from a workload or specific technical expertise basis. Information Services staff currently supports all of the City's technology, including the hardware, software, voice and data network infrastructure. As technology changes, there is an increasing demand from City departments for new and enhanced business applications to make City operations more efficient or provide enhanced services to our citizens. In order to complete the department's workload in a timely manner, the department will need to augment employee staffing on selected projects, for example scheduled annual replacement of large numbers of City personal computers. Additionally, some projects will require technical expertise on a limited basis not currently available in the IS staff, or specifically required for one aspect of a project. An example would be the initial configuration of Microsoft Active Directory domains for the Police Department and City Hall. A Request for Qualifications for Temporary Technical Service Persons and Consulting Services was issued to six vendors on December 1, 2005, and was also posted on the City's website. The City received two responses from the list of six and four responses from the website posting. The Information Services Director, the division supervisors and the department's Principal Analyst all reviewed the proposals. While most of the respondents were able to provide the required services, the selection was narrowed to three based on cost and ability to provide services most closely matched to the needs of the department. The three selected vendors are: Atrilogy Solutions Group, Inc, The Comdyn Group and PlanNet Consulting, LLC. Each agreement has a 3-year termination period and a $100,000 cap. Having these agreements will allow the Director of Information Services to bring in temporary staff with different skills levels and hourly rates, depending on the work that needs to be done. G:\2006 RCA\IS 06-005 Temporary Staffing Contracts.doc -2- 5/3/2006 10:13 AM REQUEST FOR ACTION MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:IS-06-005 Environmental Status: None Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc. and Insurance Certificate. ,.LEF: 2. Professional Services Contract between the City of Huntington Beach l=icE and The Comdyn Group Consulting and Insurance Certificate. �.p,�,¢,� 3. Professional Services Contract between the City of Huntington Beach c,a and PlanNet Consultina LLC and Insurance Certificate G:\2006 RCA\IS 06-005 Temporary Staffing Contracts.doc -3- 5/3/2006 10:41 AM ATTACHMENT #1 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH ANDi' ATRILOGY SOLUTIONS GROUP, INC. FOR TEMPORARY TECHNICAL PERSONNEL AND 160 16 CONSULTING SERVICES C.+iCji =Ji Y�lailtill'7�. City Attornek''S oftic" Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignmentand Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 CityEmployees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement ................................................. !............................ 8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 I � I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATRILOGY SOLUTIONS GROUP, INC. FOR TEMPORARY TECHNICAL PERSONNEL AND CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ATRILOGY SOLUTIONS GROUP, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide temporary technical personnel and consulting services for the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: l . SCOPE OF SERVICES CONSULTANT shall provide technically skilled personnel to augment CITY staff in the operations and support of the CITY's Information Systems Department and its related hardware, software and network operations. For each person provided by CONSULTANT, and in advance of any work done by such person under this Agreement, the CITY's Director of Information Services and CONSULTANT shall execute an Addendum setting forth the name of that person, the general services to be provided by that person, and the hourly and overtime hourly rates for that person. The Addendum shall state that it is being 06agee/atrilogp 3 entered into pursuant to the terms of this Agreement. The Addendum must be executed by the CITY's Director of Information Services and CONSULTANT before that person undertakes any work pursuant to this Agreement. CONSULTANT shall not have the authority to act as an officer or director of CITY or to represent or obligate CITY in any manner. CITY agrees to provide, at its own cost and expense, reasonable working space and materials which may be necessary in connection with the performance by CONSULTANT of the services required pursuant to this Agreement. In the event there are any conflicts or inconsistencies between the language in any Addendum and this Agreement, the language in the Agreement shall govern. These services described in Section I and in any Addendum shall soinetimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Kathy Tenty who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 30, 2008, unless sooner terminated as provided herein. 06agee/atrilogy 2 l 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT according to an agreed upon hourly rate as set forth in Exhibit A. The total amount of fees paid to CONSULTANT under this agreement shall not exceed One Hundred Thousand Dollars ($100,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the Scope of Services, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and 06agee/atrilogy J volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 06agee/atrilogy 4 B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier.and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under- this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to 06agee/atrilogy 5 demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or 06agee/atrilogy 6 3 subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Kathy Tenty, Account Executive ATTN: Director of Information Services Atrilogy Solutions Group, Inc. 2000 Main Street 15375 Barranca Parkway, Suite B-201 Huntington Beach, CA 92648 Irvine, CA 92618 06agee/atrilogy 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 06agee/atrilogy 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 06agee/atrilogy 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior 06agee/atrilogy 10 i understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on fig 20,06 , 2006. ATRILOGY SOLUTIONS GROUP, INC. By: print name ITS: (circle one) Chairma /Presiden ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor AND City Clerk ;ilo=01 By: rJ L.+✓� O APPROVED AS TO FORM: prirJ name ITS: (circle one) Secretary hief Financial Officer/ t. Y Secretary — Treasurer City Attorney AG, cy A �4 -41 ltIq lz REVIEWED AND APPROVED: INITIATED AND AP PR VED: CA C16 Administrator Director nformation Services 06agee/atrilogy I I EXHIBIT "A" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the hourly rates and cost schedules set forth in the schedules attached to this Exhibit. B. Travel Charges for time during travel are not reimbursable. 2. Automobile expenses are not reimbursable. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY without prior written consent of CITY. C. Billiny 1. All billing shall be done bi-monthly in one -tenth -hour (0.10) increments. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the Project. 3. CONSULTANT shall submit to CITY an invoice for each bi-monthly payment due based upon timesheets approved by CONSULTANT and CITY. Approval of the tiineshects by CITY shall constitute CITY's approval that the work has been adequately performed in accordance with this Agreement. Such invoice shall: (A) Reference this Agreement; (B) Describe the services performed; (C) Show the total amount of the payment due. Upon submission of any such invoice, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. EXHIBIT A RCA ROUTING SHEET INITIATING DEPARTMENT: Information Services SUBJECT: Amendment No. 1 to Professional Services Contract for Atrilogy Solutions Group, Inc. COUNCIL MEETING DATE: May 7, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ — Tract Map, Location Map and/or other Exhibits Attached ET Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Si ned in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorne) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( WuQJV) Deputy City Administrator (initial) City Administrator (Initial) ( ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: n ` v 1 + " ,4- J,J t %4 `!ou t i (Below Space For City Clerk's Use Only) RCA Author: CITY OF HUNTINGTON BEACH 2000 MAIN STREET May 9, 2007 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Kathy Tenty, Account Executive Atrilogy Solutions Group, Inc. 15375 Barranca Parkway, Ste. B-201 Irvine, CA 92618-2213 Dear Ms. Tenty: CALIFORNIA 92648 Enclosed for your records is a copy of Amendment No. 1 to the Professional Services Contract between City of Huntington Beach and Atrilogy Solutions Group, Inc. for temporary technical personnel and consulting services. Sincerely, Jo L. Flynn, MC Cit Clerk Enclosure: Agreement JF:pe G: fol lowup:agrmtltr/CoAging/jc ( Telephone: 714-536-5227 ) 0 , 1,;.. Via. j L� - 20051iAy -8 At, 9: Ol UIT Y OF �iili` ; ;"lGZOyY „CI4 Council/Agency Meeting Held: Deferred/Continued to: l Approv d ❑ Conditionally Approved ❑ Denied rk's igna CitVINumber: Council Meeting Date: 5/15/2006 Department IS-06-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS PE C SUBMITTED BY: PEN E ULtRETH-GRAFT, DPA, ITY ADMINISTRATOR PREPARED BY: JACK MARSHALL, DIRECTOR OF INFORMATION SERVICES SUBJECT: Approve Professional Services Contracts between the City of Huntington Beach and Atrilogy Solutions Group, Inc., The Comdyn Group and PlanNet Consulting, LLC for Temporary Technical Personnel and Consulting Services. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Information Services department would like to enter into agreements with vendors who will provide technical consulting and temporary technical personnel on an as -needed basis. Funding Source: Funds for these agreements will be from approved budgets on an as - needed basis. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute 'an agreement with Atrilogy Solutions Group, Inc., for Temporary Technical Personnel and Consulting Services. 2. Approve and authorize the Mayor and City Clerk to execute an agreement with The Comdyn Group for Temporary Technical Personnel and Consulting Services. 3. Approve and authorize the Mayor and City Clerk to execute an agreement with PlanNet Consulting LLC for Temporary Technical Personnel and Consulting Services. 47ALC� ewe _r A 3 *REQUEST FOR ACTION MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:IS-06-005 Alternative Action(s): Do not approve the agreements and direct staff accordingly. Analysis: The City's Information Services department periodically has need to augment its staff, either from a workload or specific technical expertise basis. Information Services staff currently supports all of the City's technology, including the hardware, software, voice and data network infrastructure. As technology changes, there is an increasing demand from City departments for new and enhanced business applications to make City operations more efficient or provide enhanced services to our citizens. In order to complete the department's workload in a timely manner, the department will need to augment employee staffing on selected projects, for example scheduled annual replacement of large numbers of City personal computers. Additionally, some projects will require technical expertise on a limited basis not currently available in the IS staff, or specifically required for one aspect of a project. An example would be the initial configuration of Microsoft Active Directory domains for the Police Department and City Hall. A Request for Qualifications for Temporary Technical Service Persons and Consulting Services was issued to six vendors on December 1, 2005, and was also posted on the City's website. The City received two responses from the list of six and four responses from the website posting. The Information Services Director, the division supervisors and the department's Principal Analyst all reviewed the proposals. While most of the respondents were able to provide the required services, the selection was narrowed to three based on cost and ability to provide services most closely matched to the needs of the department. The three selected vendors are: Atrilogy Solutions Group, Inc, The Comdyn Group and PlanNet Consulting, LLC. Each agreement has a 3-year termination period and a $100,000 cap. Having these agreements will allow the Director of Information Services to bring in temporary staff with different skills levels and hourly rates, depending on the work that needs to be done. G:\2006 RCA\IS 06-005 Temporary Staffing Contracts.doc -2- 5/3/2006 10:13 AM *REQUEST FOR ACTION 10 MEETING DATE: 5/15/2006 . DEPARTMENT ID NUMBER:IS-06-005 Environmental Status: None Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions Group, Inc. and Insurance Certificate. SEp7E — 2. Professional Services Contract between the City of Huntington Beach F/ and The Comdyn Group Consulting and Insurance Certificate. sE� sEPa� 3. Professional Services Contract between the City of Huntington Beach c,..c and PlanNet Consultina LLC and Insurance Certificate G:\2006 RCA\IS 06-005 Temporary Staffing Contracts.doc -3- 5/3/2006 10:41 AM 0 Ll ATTACHMENT #1 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RECEIVED ATRILOGY SOLUTIONS GROUP, INC. FOR TEMPORARY TECHNICAL PERSONNEL AND APR 21 2006 CONSULTING SERVICES City of Hunting;,,n Beach City Attorney's Office Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assigninent and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal -Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 i i` PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATRILOGY SOLUTIONS GROUP, INC. FOR TEMPORARY TECHNICAL PERSONNEL AND CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ATRILOGY SOLUTIONS GROUP, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide temporary technical personnel and consulting services for the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: l . SCOPE OF SERVICES CONSULTANT shall provide technically skilled personnel to augment CITY staff in the operations and support of the CITY's Information Systems Department and its related hardware, software and network operations. For each person provided by CONSULTANT, and in advance of any work done by such person under this Agreement, the CITY's Director of Information Services and CONSULTANT shall execute an Addendum setting forth the name of that person, the general services to be provided by that person, and the hourly and overtime hourly rates for that person. The Addendum shall state that it is being 06agee/atrilogy entered into pursuant to the terms of this Agreement. The Addendum must be executed by the CITY's Director of Information Services and CONSULTANT before that person undertakes any work pursuant to this Agreement. CONSULTANT shall not have the authority to act as an officer or director of CITY or to represent or obligate CITY in any manner. CITY agrees to provide, at its own cost and expense, reasonable working space and materials which may be necessary in connection with the perfonnance by CONSULTANT of the, services required pursuant to this Agreement. In the event there are any conflicts or inconsistencies between the language in any Addendum and this Agreement, the language in the Agreement shall govern. These services described in Section 1 and in any Addendum shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Kathy Tenty who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 30, 2008, unless sooner terminated as provided herein. 06agee/atrilogy 2 r 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT according to an agreed upon hourly rate as set forth in Exhibit A. The total amount of fees paid to CONSULTANT under this agreement shall not exceed One Hundred Thousand Dollars ($100,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the Scope of Services, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and 06agee/atrilogy volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 06agee/atrilogy 4 B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier.and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to 06agee/atrilogy 5 0 demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or 06agee/atrilogy 6 subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Kathy Tenty, Account Executive ATTN: Director of Information Services Atrilogy Solutions Group, Inc. 2000 Main Street 15375 Barranca Parkway, Suite B-201 Huntington Beach, CA 92648 Irvine, CA 92618 06agee/atrilogy 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 06agee/atrilogN 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 06agee/atrilogy 9 1 0 0 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arn's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject ):natter of this Agreement, and supersede all prior 06agee/atrilogy 10 • • understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on MAY �• If 2006. ATRILOGY SOLUTIONS GROUP, INC. By:_ i print name ITS: (circle one) Chairma /President/ ice President AND By: _Za' o, V �'✓�S prii name ITS: (circle ale) Secretary erFinancial O Secretary — Treasurer REVIEWED AND APPROVED: Ci6 Administrator 06agee/atriloay CITY OF HUNTINGTON BEACH,'a municipal corporation of the State of California `� > Mayor City Clerk 1z1:1o� Wjffla� WAVE ��I�J♦ _ �. L r0f.!.' 4W, City Attorney /kj a, INITIATED AND APPROVED: Directokf Information Services 0 • EXHIBIT "A" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the hourly rates and cost schedules set forth in the schedules attached to this Exhibit. B. Travel 1. Charges for time during travel are not reimbursable. 2. Automobile expenses are not reimbursable. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY without prior written consent of CITY. C. Billin All billing shall be done bi-monthly in one -tenth -hour (0.10) increments. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the Project. 3. CONSULTANT shall submit to CITY an invoice for each bi-monthly payment due based upon timesheets approved by CONSULTANT and CITY. Approval of the timesheets by CITY shall constitute CITY's approval that the work has been adequately performed in accordance with this Agreement. Such invoice shall: (A) Reference this Agreement; (B) Describe the services performed; (C) Show the total amount of the payment due. Upon submission of any such invoice, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. EXHIBIT A Bazant, Denise From: Keith, Colleen E. Sent: Tuesday, May 02, 2006 2:01 PM To: Bazant, Denise Cc: Rehwinkel, Gwen Subject: Respondants to RFQ for Technical Staffing The following companies bid on the Technical Staffing proposal Atrilogy Solutions Group, Inc. Contact: Kathy Tenty (949) 754-0500 x309 Ballantyne Contact: Jennifer Huffman (949) 885-3000 x190 The Comdyn Group Contact: Marianne Ross (949) 852-0442 HTC Global Services Contact: Sutbir Randhawa (248) 786-2500 x123 MTM Technologies Contact: Mark McRae (949) 852-6660 x 3740 PlanNet Consulting Contact: Diana Sobol (714) 982-5868 Cofieen 4 • INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST E C 7-7 1,YY 1. Requested by: Christi Mendoza, Risk Management(�� 2. Date: April 6, 2006 City of 5�uming, jn 3. City Attorne acs;� Name of contractor/permittee: Atrilogy Solutions Group Inc y's Office 4. Description of work to be performed: Consultant to provide technically skilled personnel to augment city staff in the operations/support of the city's Information Systems Department and its hardware/software network operations 5. Value and length of contract: Not -to -exceed $100,000, Three year contract 6. Waiver/modification request: $20,000 retention/professional liability/cancellation wording 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible and cancellation clause wording insurance requirements 8. Identify the risks to the City in approving this waiver/modification: None. 0.4Z�///AZ 16,6 Department Head Signature ate: APPROVALS Approvals must be obtained in the.order listed on this form. -Two approvals are required for a request to.;be granted. Approval from the- City Administrator's Office is onlyrequired if Risk -Management and t City Attorney's.Office disagree. ` 1. Risk Management Approved ❑ Denied Signature Date 2. City Attorney's Office zv:;ipproved ❑ DeniedOk!A�'�/��6G Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved; the.completed waiver/modification request is to :besubmitted to the City Attomey's Office along with the contract for approval 'Qnce,the contract has: been approved; this form is -to. be`filed with the Risk, Management Division of Administrative Services Sent Bv: Brown 8 Brown Of CA: 1142214190; Apr-b-Ub I:49AM; rage L, DATE plMlevnYTY'I CDAP. ` CERTIFI�CAT I` LIABILITY.'04MA iC o3/!s/20" PPOKCSR (714 221-I800 PA><"714-221-4196 TMKWATE IdiSiliED AS A.MA77ER.OF INFORMATION Brown 81 drown of Cal iforT►ia, Inc. O y O WO ROWS UPON THECERTWICATE HOLam TH10 CERTWiCATE ODES NOT AMEND, EMM OR PO Box 6969 TER THE COVERAGE AFFORDED BY THE POLICIE BELOW. Orange. CA 92863 INSURERI3 AFFORDING COVERAGE NAIC 8 J muR Atrilogy SolutionsTic 385 Iverness Parkway,'Ste 300 INSURER A. Valley Forge Ins. Co./CNA Mlanika ContinantaT Casualty Mlg~ C Englewood, CO 80112 INSURER O INSURER E: THE POUCI:S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RioumEIMENrT, TERM OR coibn om OF ANY CONTRACT OR OTHER DOCUMENT YUITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN a SUBJECT TD.ALL THE TERM, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LINNETS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS... TYPE OF INSURANCE POUCT NRN WR 08/13/Z00S 0$/13/2006 .. LDS r UMPAL LAOMW X COMMERGAI GENERAL LIAB41rY CLAW MADE M OCCUM 2026669195 EACH OCCURRENCE 7 I'dwom DAMAGE TO RENTED I TOO INq N E D EXP WV wr 0&WA) I 10 PERSONAL S AOV INJURY S 11000, GENERAL AGGREGATE I 2 OOO GENL AGGREGATE LMNIT APPLIES PEA: X POLICY pA:CT IOC El PRODUCTS-COMPIOP AGO S 2 ON . A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUT Ob SCNEDULEDAUTpB X HIRED AUTOS X NOWOVMEDAUTOS 2026668185 08/13J2005 08/13/2006 .. . Cowwgo ll"GLE LwnT IEa MXibnl) 1 000. NMILY INJURY IPw pw—) I BMY "JURY (POMwuq�) I PROPERTY DAMAGE (Por wxq wo) I MARACA[ LIABILITY ANY AUTO AUTO ONLY - FA ACCIDENT UT►IER THAN EAACC AWO ONLY: AGG 6 S A EXCESSAMMEI6LLALI&INLITY X OCCUR CLAMIS MADE DEOM71BLE X RETENTION I 10,004-- 2026669195 08/13/2005 06/13/2006 aAGGREGATE EAcHoccuRRENCE / 21000 i 2 000 00 : S d wORKOMCOMPENSATIONAIID el/PLOYERSLIABIIJTY ANY PROPMEfORNARTNERIEAECUTNE . OFnCERIMEMBER fkC► ODEO? gpEC11000 AL PROVISIONS bolur MC207787SS26 WC20574788SS 08/13/2003 08/11/2006 - X YYCSTATu• EA LAC14ACCIDENT I 1 000 00( E.L. DISEASE . EA EMPLOYEE I 1.000 E.L. DISEASE -POLICY %t Mrl S 1.000, OTHER BS ?ION OPEMTR)NS I LOCATIONS I VFIKI.EI / E;CLUMONi Aoo� EICO�EMT! ►AWAN0" City of Huntington Beach,., its agents. ottrcers and employees ar* nailed additional insured as respects to General Liability per endorsemment G-134344-A attached. I city of Huntington Beach Attn: Risk Managelaent 2000 Main St. Huntington, CA 92644 . ACORD 25 (a"I 8 FAX: SIG-1212 -400 aD ANY OF THE ASIOVE OEiDOWD POLICES K CAWV-LED BEFORE THE EIDNRATIDN.DATE TIIiREOF, THE ISSUING INSURER YRL ENDEAVOR TO MA4 3.0' . VAYi w 11111 NO nCE TO THE CERTIFICATE HOLDER I AMM TO THE LEFT, mn tllHli>AE TOiYII SUCN NOTICE DNALL BrPose MO OBLIIlATIDNOR turlm os fYMYNIMp'IIPoN tHl MWKR, rt9 A3ENT{ON NIEPNEJiENTATIVEB. ..-0 n. n.., a n.. ns nw . 7• nn _ rays u/Z) IMPORTANT If the cenficate holder is an ADDITIONAL INSURED, the pollcy{ies) must be endorsed. A statement on this certificate does not corder rights to the certificate holder In Neu of such endorsement(s). It SUBROGATION IS WAIVED, subject to fhe terns and conditions of the policy. certain policies may require an endorsement. A stafeme d on this certificate does not aonfei rights to the certificate holder in lieu of such endortiemenf(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does nol oonstifute a cormact between the issuing insurer(s), authorized representative or producer, end the certificate holder, nor does it affirmatively or negatively amend, extend.or after the coverage afforded by the policies listed thereon. �veau sa.�iio<7�iRs) Sent By; Brown & Brown Of CA; 7142214190; Apr-b-ob 1:49AM; Page 4/5 ACDRQ `CERTIFICA F LIABIL" IN UIDAI 04 5/ PRODUCOM U10923-1560 'FAX (714)139-1654 1 TM CI RTWMATEE t8'.Ie38UED. A 3 A MATTER OF POMMATION Brown B Brown of C»iliforni®, Inc. CARNAMOOMMS'.NO010"TaUPON THECERTMICATE HOLMR. TwitCERtN�iCATE DOES NOT AMEwID, EXTEW OR CA License 0 DBOZS37 ALTIM T&W COVIMAGE.AFFONDED 13Y THE BELOW. PO Box 6999 Orange, CA 92863 IN6URow, AFFORDING COVERAGE NAIC 4 N>IW= Atrilogy So utionS GrG.", Ine I RA. Illinois Union Insurance Co 27960 3001 Irvine Center Drive #400 1pliwafta Irvine, CA 92616 00uRERC: INSURtR-D:• -. NBURER E: ww����wrs THE POLICIES OF INSURANCE LISTED BELOW HAW BEEN 15SLI D TO THE INSURED NAMM A601(E FOR TILE POLICY PERIOD INDICATED. NDTYw7HSTAND&4G ANY REDUgYEM041- TERM OR COWfffON OF ANY CONTRACT OR OTHER DOCUMENT V4144 RESWCT TO WHICH THIS CERTIFICATE MAYBE P.5LJED OR MAY PERTAIN. THE INSURANCE AFFORDED XY THE: POLICIES DESCRIBED HEREIN 1SUBJECT TOALL THE TERMAS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. TYPE OF NIIINIANCE POLJCV TKPINER 710N LIrflE GEMEPAL LMaIUTY EAU( OCCURRENCE I COWAERCIALGENERAL LIOWOUTV TO RENTED Is CLAW MADE OCCUR MAD EXP IAr.T ane P>runf • PER90WAL L ADV DWRY S GEN9W AGGREOATE I - CENI AGGREGATE LWIT APPLES ►ER: PRODUCTS -COWIOP AGG I POLICY PRO.JECT LOC ••. V AUTOMOBR.E LLAAILM . ANY AUTO COMBINED BI+GLE Luff My Weida L BODILY NJURY w-P-0 a ALLONMEDAUT05 BLFIEDULEDAUTOb BODILY NJURY (Per Ocvi°°'") HIRED AUTOS NO"WNED AUTOS PROPERTY DAMAGE (Pr AON& M) I . GARAGE UAIRLRY AUTO ONLY - EA ACCIDENT S OTHER THfFIACC AUTO ONLY. AOG I ANY AUTO AMOAN VEDAS'TO CRM S EKCliBAJMBRlLI A I kAiIUIY EACH OCCURRENCE i OCCUR CLAIMS MADE ❑ JEWRNEY MCGA AGGREGATE i CI : DEOUCTIBLE i RETENTION S _ WRK OER@ OOMPENIAr4N AND VYC ATU- O EMPLOYERS' LIA NLM ANY PROPRIETORIP&MNERIEAECUTNE R E.L. EACHACCIDENT I 6-L DISEASE • EA EWLOYE I OTFICERIMEMOER VKCLUDEW A yIrMe� Opc "Ur.r - PROVISIONS plow E.L. DISEASE -POLICY LWR AS S A pSPECIAL Errors and Omissions 12302005 11/39/2005• 1'1/30/2006 1.000.000 lian't t20,000 retention 0: TIDNI r LOCATN7M16 VENKX ES I EICLUMM ADDED wv eioDRaEIIETIi / 11PECIAL PROIT IIIOiIA EvT a Of coverege only City of Huntington Reach Attn; Risk Management 2000 Main Street Huntington Beach , CA 9Z648 AC0RDZ5(29f w) FAX: (714)M-5212 2I6OULD ANY 00�1TIE AWK Dl6CRWO ►OUC*$ BE CANCELLED BEFORE TIE tXMIATIDN DAV>E THEREOF. THE ISGUMIGIIBWMER WILL EfteAVOR TO fINL 30'.. OATS VM I IER 11OTM TO THE CERTIFICATE HOLDER NALIEO TD THE LEFT, YUT rALWA Tomes BuCN NOTICE pw-L opow NO OOLWATION OR lamirY OP'ANY '00 LIPON Wit PNUWP- I M AGIMM OIIeJ'J•REBEIITATMfff. CMICORD CORPORATION 19M Sent By; Brown & Brown Ot CA; 1142214190; Apr-b-ob i:boAM; Page bib IMPORTANT If the Certificate holder is an ADDITIONAL INSURED, the pof4(ies) mast be endorsed. A statement on this certificate does not Confer rights to the certit-irate holder In Geu of such endorsement(s). If SUBROGATION IS WAIVED, subod to the terns and oonditions of the poky, certain policies may require an endorsement: A statement on this certificate does not eonf& rights to the Certificate holder in Neu of such endorsement(s). DfSCLAPAR The Certificate of Insurance on the reverse side of this form does not constitute a Contract between the issuing fnsurer(s), authorized representative or producer. aw the dorlifieate holder. nor does d affirmatively or negatively amend. extend or after the Coverage afforded by the policies listed thereon. ACORD O tMlffi!) *e.nT L3y,; brown tS brown UT GAS 1141Y141UU, Apr•D -Uo I ;40AM- Brown exBrawn, Inc. ....:......:........ FAX TRANSMITTAL DATE st TIME: 4/5/06 8:31 Total No. of Paces Indudin8 Cover: rage 1 TO: Chris Mendoza FROM: Anna Dietrich COMPANY: Atri ogy Solutions Group, Inc FAX' 1WO.: (714) 221-4141 FAX NO.: (714) 5$&5212 PHONE W0.: (714) 221-1841 Phone: .. (7t4j 536-522552 04AIL.-adietdch@bbsocal.com . RE: Atrllogy Solutlons Group, Inc CERTIFICATE REQUEST Term: 08/13/2006 to 08/13/2006 Dear Chris: Attached are the' certificates that we had discussed on 4-4-2006, please respond to me regarding whet you prefer processed in lew of not crossing out the wording as discussed. I appreciate your assistance with this matter and look forward to hearing from you. If you have any questions, please do not hesitate to call:. Thank -you. Annaietrich► Account Manager License 0809756 (714) 221-1841 direct One (714) 221-4141 direct fax line adietrich@bbsocal.com Bivwn 6 Brown of Ca1Mom+e, Inc, Calebrm-Insureoft ibWW 0002"7 600 N State C~ Blvd., $W10 400. Orange, CA 92"8 - ADO, Box 6W Ora►►gk CA 92*3 - 800-228-7975 6enr ssy,: tsrown & drown UT UA; 114,121419Uj • Brown ez Apr-i-uo i:1DAMj • Brown, Inc. FAX TRANSMITTAL. DATE a TIME: 4>7/06 7:54 a.m Total Wo. of Pages Inchnfins Cover. TO: Chthd Mendoza (6) pales FROM: Anna Dietrich COMPANY: A"ogy.. Solutions Group, Inc FAX NO.:. (714) 221-4141 FAX WO.: 014) 53(o _ 5 2- ! Z PHONE NO.: (714) 221-1841 EMAIL: adietrld>t@bbsocal.com RE: Atrilogy Solutions Group, Inc Term: 08/13/2006 to 08/13/2006 Deer Christi: rage 1 See attached certificate with the full endorsement, inorder to have an additional insured page sother than the certificate this will be an additional:. cost to the insured of a little over $255.00, The have a blanket Additonal Insured thru Valley Forge Ins. Co./CNA. I will need to prepare an internal waiver form to waive the $20K PL retention and in case you cannot modify the cancellation clause wording -,on all of their ins certificates (see attached requirements). A copy of this letter will. be sent to our insured. I an understanding that our insured will have to provide your office with the waiver information ( no need for a letterhead as you simply transfer the information to your Internal form) of a brief description of their work ( their city contract), timeframe and dollar value (in this case, it would be their contract value) Please feel free to contact me at (714) 221-1841 direct line, fax (714) 2214141 direct line. ank y41� _ a Account Manager License 0809756 adietrich@bbsocal.com 9Pown d mown of Wfor", Inc., CSWW"4 Mawanoe tkan" ogo2587 500 N. $W# Coflew Md . Solve 400. Omnov, CA 92860 • P.O. Box 6Y89; Gram", CA 92889 •9M226-7975 Is ,"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 22, 2006 Kathy Tenty, Account Exeutive Atrilogy Solutions Group, Inc. 15375 Barranca Parkway, Ste. B-201 Irvine, CA 92618-2213 Dear Ms. Tenty: Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and Atrilogy Solutions Group, Inc. for temporary technical personnel and consulting services. Sincerely, 0e&qj 1 0) /- Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmthr (Telephone: 714-536-5227 )