HomeMy WebLinkAboutCBC, Inc. - 2012-10-01Council/Agency Meeting Held: Z611
Deferred/Continued to:
)IkAp ve ❑ Conditionally Approved ❑ Denied
Cler Sign t .re
Council Meeting Date: October 1, 2012
DepartnVt ID Number: IS 12-001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Jack Marshall, Director of Information Services
SUBJECT: Approve and authorize execution of a Professional Services Contract
between the City and CBC, Inc. to conduct a forensic audit and rate
plan optimization of City cellular phone bills
Statement of Issue: Staff is recommending the approval of a contract (attachment 1) with
CBC, Inc. to conduct a forensic audit and rate plan optimization of City cellular phone bills.
Financial Impact: No direct costs to the City for the audit. If CBC, Inc. identifies billing
discrepancies, City can recover from the cell phone companies. CBC will charge the City a
contingent fee of 20% of the refunds, credits and/or savings realized.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and CBC, Inc. For Wireless Telecom Service Audit
Services" to conduct a forensic audit and rate plan optimization of City cellular phone bills.
Alternative Action(s): Do not authorize award of this contract and direct staff on how to
proceed.
Analysis: The City contracts cell phone carrier plans with providers, Verizon Wireless and
Sprint for 330 City -issued cell phones. Reports provided by CBC, Inc. detailing cell phone bill
audits they have done for other cities indicate there are usually billing errors made by the cell
phone service providers. If this is the case, the City will be able to recover refunds and
credits. The City will obtain these professional services by utilizing Huntington Beach
Municipal Code section 3.03.08(b) for an interagency agreement with the City of Los
Angeles.
Environmental Status: N/A
Strategic Plan Goal: Improve long-term financial sustainability
Attachment(s):
"Professional Services Contract Between the City of Huntington Beach and CBC, Inc. For
Wireless Telecom Service Audit Services"
HB -17- Item 1. - 1
ATTACHMENT #1
Item 1. - 2 HB -18-
PROFESSIONAL SERVICES CONTRACT BETWEEN
11 THE CITY OF HUNTINGTON BEACH AND
FOR WIRELESS TELECOM SERVICE AUDIT 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
0® M ^40�u c ®AJ.S II&K60,6
"CITY," and v c; , hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to perform a wireless
telecom service audit; 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:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is attached
hereto and incorporated into this Agreement -by this reference. These services shall sorneth-nes
hereinafter be referred to as the "PROJECT."
CITY hereby designates � _ fK , �z L�—_ 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.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on 0M,6&-N- / . O�J�t, (the "Commencement Date"). This Agreement shall
automatically terminate three (3) years from the Commencement Date, unless extended or sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later
than two (2) years from the Commencement Date. The time for performance of
the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may
be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT shall
be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
o �,
expenses, not to exceed �a9 �J7° SC /J Dollars ($_`�"
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," 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 111B."
12-3333/79908 2
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 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 (or alleged 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 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
12-3333n9908 3
CONSULTANT's professional liability in an amount of 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 without the express written consent of CITY; however an
insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
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 least6
two (2) years to report claims arising from work performed in cormection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to
be paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
12-3333/79908 4
10. CERTIFICATES 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. shall 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 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
12-3333/79908 5
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 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
12-3333/79908 6
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:
City of Huntington Beach
Attn:
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
To CONSULTANT:
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
12-3333/79908 7
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. 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.
12-3333/79908 8
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 SUBCONTRACTINT 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.
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 nonprevailing 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.
12-3333/79909 9
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority.and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTANT's initials
28. 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 exhibit, contain the
entire agreement between the parties respecting the subject matter of this Agreement, and
supersede all prior understandings and agreements whether oral or in writing between the parties
respecting the subject matter hereof.
12-3333/7990s 10
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall expire when terminated
as provided herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and
through their authorized officers.
CONTRACTOR
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Offices sst. Secretary -Treasure
12-3333/79908 11
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
INIT TED 2ZROVED:
' ector of Finance
APPROVED AS TO FORM:: �(
City Attorney (y VL S-X-/a
S . 2► • t2-
EXHIBIT "A"
A. STATEMENT OF WORK:
1. CONTRACTOR shall conduct a forensic audit of the CITY's wireless phone bills dating
back seven years.
This audit will include the following:
i. Review all Wireless Carrier contracts, terms and conditions
ii. Obtain carrier data
iii. Review bills for at least the past 12 month period
iv. Review bills/data for more than 12 months based on initial findings, statute of
limitations and/or CITY/Carrier contractual terms/conditions
V. Indentify CITY overpayments to carriers
2. CONTRACTOR's forensic audit areas and categories to be reviewed will include:
i. Contract terms
ii. Fees
iii. Rate Plans (allowances, costs and overages)
iv. Plan Features and options to ensure carriers applied according to contract pricing
and terms
V. Minute Allowances
vi. Carrier billing data to ensure proper billing. .
vii. Excessive overages and areas of abuse
viii. Pro -rates
ix. Voice, data, text and international charges
x: Monthly access fees to ensure carriers applied according to contract pricing and
terms
xi. Monthly discounts to ensure carriers applied according to contract pricing and
terms
xii. Standard terms, conditions and fees such as activation, Early Termination Fees
(ETFs) have been applied appropriately
xiii. Equipment costs charged versus new activations and renewals
xiv. Determining whether wrong rate plans were charged applied
xv. Inappropriate ETF's
xvi. Inaccurate charges billed
xvii. Continued billing for discontinued lines
xviii. Inappropriate overage charges (billed for overage but within monthly minutes)
xix. Inaccurate per -minute overage charges
xx. Inappropriate long distance charges (calls made domestically within in -network
calling areas)
12-3333/79908
3. CONTRACTOR shall conduct a rate plan analysis and plan optimization. This
optimization will include the following:
i. Obtain billing data from the carriers
ii. Review carrier agreements
iii. Produce a rate plan strategy to determine the best set of rate plans for each user
4. CONTRACTOR shall be authorized to request billing information, customer service
records, carrier contracts, agreements, requests for service and any other related
documents between carriers/service providers for the CITY. In the event that
CONTRACTOR recommends service modifications, additions or deletions,
CONTRACTOR may order such changes only upon receipt of written approval from the
CITY. CONTRACTOR may request equipment maintenance billing records both hard
and soft copy.
5. At CITY's sole discretion, CONTRACTOR may discuss, negotiate, and with prior written
consent of the CITY, resolve contract compliance issues with carriers. The CITY must
pre -approve any negotiated terms.
B. CONSULTANT's DUTIES AND RESPONSIBILITIES:
Deliverables
a. Reports — Interim (within 30 days of obtaining billing data) and Final
i. Detailed report by department
ii. Detailed line by line recovery opportunities
iii. Explanation in detail of recovery, credits and savings opportunities
iv. Explanation of specific errors uncovered and calculation of correct charges
V. Missed optimization opportunities
vi. Immediate and short term future savings opportunities
vii. Usage patterns and recommended plans based on the usage patterns
b. Assistance to the CITY
i. Provide assistance to the CITY in preparing claims, negotiating settlements
by providing analysis to support decision making
ii. Prepare carrier specific reports and claim submittals
C. CONTRACTOR will perform the audit according to the Statement of Work and
provide the Deliverables for the CITY.
d. CONTRACTOR will not begin any work until authorization is received from the
CITY.
12-3333/79908 2
e. If needed, CITY will execute a carrier "Letter of Agency" to allow
CONTRACTOR to proceed with information gathering.
f. CITY reserves the right to not issue an authorization to proceed.
C. CITY's DUTIES AND RESPONSIBILTIES:
Authorization to proceed awarded on this contract will determine the CITY's
obligation. No guarantee is made that any Authorization will be issued against this
Contract.
2. The CITY makes no commitment to fund this Contract, except from recoveries,
refunds, services exchanges, and/or other credits.
CITY, at its sole discretion, may resolve any discrepancies found in
CONSULTANT's audit. In the event CITY does not go forward or does not
recover, CONSULTANT expressly agrees it will not be compensated.
12-3333/79908
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to compensation based on a contingent fee of 20% of
refunds and/or credits that the CITY realizes. No other compensation shall be provided, including
expenses of any kind.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such product,
CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice upon verification of credits and/or
refunds received by the CITY. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) Parties agree that the CITY may set up payment terms for CONSULTANT's
fees in the event the refunds and/or credits including negotiated service
exchange or settlement is received by the CITY over a period of time instead
of a lump sum settlement. An example of a negotiated service exchange is if
the carrier offers 12 months of free data plan in lieu of issuing a credit or
refund. The value of the recovery, regardless of how realized, becomes part of
the verified recovery amount and is subject to the 20% fee.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, 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. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work
or additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
12-3333n9908
5. Should CITY elect not to pursue recovery of an item identified by CONSULTANT
as a recovery item, the amount and reason must be documented in writing.
6. Any recoverable item that CITY has made in writing will be excluded by
CONSULTANT as an actionable item based on such written notification and description before
the beginning of the audit process.
I2-3333/79908 2
City ®f Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
October 11, 2012
Communications Brokers and Consultants, Inc.
Attn: Dave Kirk
23939 Ventura Blvd.
Calabasas, CA 91302
Dear Mr. Kirk:
Enclosed for your records is a copy of the "Professional Services Contract Between the
City of Huntington Beach and Communications Brokers and Consultants, Inc. for Wireless
Telecom Service Audit Services."
Sincerely,
JF:pe
Enclosure
G:f611owup:agnnt1tr
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
DECLARATIONS
PLEASE READ YOUR POLICY CAREFULLY.
THIS IS A CLAIMS MADE POLICY COVERAGE FORM AND UNLESS OTHERWISE PROVIDED HEREIN, THE
COVERAGE OF THIS FORM IS LIMITED TO LIABILITY FOR CLAIMS FIRST MADE DURING THE POLICY
PERIOD, ORTHE EXTENSION PERIOD, |FAPPLICABLE. DEFENSE COSTS SHALL BEAPPLIED AGAINST
THE DEDUCTIBLE.
No. SIP 1650943
ITEM 1. NAMED INSURED AND PRII'-JCIPAL ADDRESS
Communication Brokers and Consultants Inc.
23339Ventura Boulevard
Calabasas, CA81302
Effective Date � 07/242012
" 12O1AwSTANDARD TIME
ITEM UPOLICY PERIOD (MO.DAY YR) From 07/24/2012 To07C24K2013
Specified Profexsi0msPnofesnional Liability
ITEMUi LIMITS OFLIABILITY S1.000.000 EACH CLAIM
S2,000,000 ANNUAL AGGREGATE
ITEM IV. DEOUCT|BLE� S5.000 EACH CLAIM
ITEM V.PREM|UM.
ITEM VI. RETROACTIVE DATE. 7/24/2012
.T,VED AS TO FORM
ITEM NiCoverage Fo/m(s)/Part(s)and Endorse ment (s)made apart cfthis policy zt
See Endorsement EOD(01/95)
ITEM V||!, Go|ey in the performance of Professional Services mnm(n) Audit Service,
Telecommunications Consultant for others for afee.
a
UNITED STATES LIABILITY INSURANCE GROUP
WAYNE, PENNSYLVANIA
Thisendorsrment modifies imurance provided under [Ile following:
SPECIFIED PROFESSIONS PROFESSIONAL I1:X13ILITY C'O`'ERAGE. FORM
ADDITIONAL INSURED ENDORSEMENT
In consideration of the premium paid, it is a -reed that the follo«nfl,ig is added as an Additional Insured, but
only as respect to Claims arising out of any negligent act, error, omission or Personal Injure in the
rendering or faihrre to render Professional Services, by any individual or entity of the Named Insured
specified in Item L of the Dectarations.
Effective Date 07/24/2012
City of Huntington Beach
20C Main Street
Huntington Beach. CA 92648
Alt other terms and conditions of this Policy remain michanged. This endorsement is a hart of the
Insured's Policy and takes effect on the effective date of the Insured's Police unless another effective
date is shown.
SP ?24 {'07-09} Pale I of I
a RCITY OF HUNTINGTON BEACH
Professional Service Approval Form
M� g
PART 11
Date: 5/30/2012 Project Manager: Jack Marshall
Requested by Name if different from Project Manager:
Department: Information Services
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART/
& II MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Communications Brokers & Consultants, Inc.
2) Contract Number: IS 012-005-00
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ compensation based on contingency fee 20% recovered
credits/revenue
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
Budg pp Koval Signatur,
r f/
Directa or of Finance (or designee) Signature
G ,, r. 3 ._ % L.
Date
C-13 .-/ Z
Date
CITY OF
BEACH
�I
f Professional Approval Form
PART I
Date: 5/29/2012 Project Manager Name: Jack Marshall
Requested by Name if different from Project Manager:
Department: Information Services
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Forensic audit of telecom service contracts
2) Estimated cost of the services being sought: $ cost recovery, net of revenue recovered
3) Are sufficient funds available to fund this contract? ❑ Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Council.) ❑ Yes ® No
Fiscal Services Manager Signature Date
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
Budget Approval Date
X-f?-a
7D Z
Head ignature(s) Date
` WrL
Di for f Fin nce's Signature Date
6 )3
l )2
Deputy i Manager's Signature Dade
APPROVED ❑ DENIED ❑
City Manager's Signature Date