HomeMy WebLinkAboutCOMPUWARE CORPORATION - 2000-06-05600JO
02 M.
Council/Agency Meeting Held: 02- o5- C))
Deferred/Continued to:
f' proved ❑ Conditionally Approved ❑ Denied W Cle k' Signature
Council Meeting Date: February 05, 2001 Department ID Number: FD 01-002
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator WV
PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director
SUBJECT: AUTHORIZE THE EXPENDITURE OF EXISTING FUNDS TO
PROVIDE ADDITIONAL INFORMATION SYSTEMS STAFFING
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City Council authorize the expenditure of existing funds to
provide additional information systems staffing.
Funding Source: The Information Systems (IS) budget for this fiscal year includes
$586,000 for positions, which are currently vacant. These funds are available in accounts
10042151.51000 and 10042154.51000 (Salaries and Benefits) and will be transferred to
10042151.69315 and 10042154.69315 (Professional Services) for expenditure. No
additional funds are needed.
Recommended Action: MOTION TO: Authorize the expenditure of existing funds in the
amount of $260,000 to provide additional Information Systems staffing through the existing
contract with Compuware Corporation until such time as budgeted vacant positions can be
recruited, tested, and hired.
Alternative Action(s): Do not authorize the expenditure of existing funds.
Analysis: The City's Information Systems Division currently has eight positions, which are
budgeted but vacant. Unless interim positions are filled, vacancies will have a significant
impact on the ability of the Information Systems Division to provide adequate resources to
maintain the City's technology infrastructure. It is estimated that recruitment, testing, and
hiring for all vacant positions could take 6-8 months. Until the Division is back to full staff,
outside resources are required to provide adequate staff to meet current Information Systems
workload.
RQUEST FOR COUNCIL ACTION
MEETING DATE:
DEPARTMENT ID NUMBER: FD 01-002
Analysis (contd): It is estimated that approximately $260,000 will be needed to provide the
required technical and HelpDesk support until the vacant positions can be filled permanently.
These funds are available in the current Information Systems budget in Salary and Benefits
accounts and will be transferred to Professional Services accounts for expenditure.
Additional funding is not required.
During June 2000, the City entered into an Agreement with Compuware Corporation to
provide additional Network and HelpDesk technical support personnel. This contract allows
the hiring of support personnel with differing skill levels and hourly rates. The Agreement is
current at this time and will be utilized to obtain the additional Information Systems staffing
required to adequately maintain the City's technology infrastructure.
Environmental Status: None.
Attachment(s): None.
RCA Author: Keith/Dolder
FD01 002 DPRC Compuware -2- 2/1/01 5:03 PM
0 0.
RCA ROUTING SHEET
INITIATING DEPARTMENT:
FIRE/INFORMATION SYSTEMS
SUBJECT:
AUTHORIZE THE EXPENDITURE OF EXISTING FUNDS
TO PROVIDE ADDITIONAL INFORMATION SYSTEMS
STAFFING
COUNCIL MEETING DATE:
February 5, 2001
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Find in s/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator (Initial)
(
)
City Administrator Initial
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Keith/Dolder
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
Name
r /
DEPARTMENT:
Street
REGARDING:
City, State, Zip
See Attached Action Agenda Item
Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement _p,,' Bonds
RCA Deed
CC: �i��/�,li � /�1 Sew /"�' -4----'
Name Department RCA Agreement
Name
Name
Department
Department
Insurance ✓
Other
Insurance Other
RCA Agreement Insurance Other
RCA Agreement Insurance Other
Name Department RCA
Risk Management Dept.
Agreement Insurance Other
W-1
Insurance—
G: Fol l owup/Letters/coverltr
( Telephone: 714-536-5227 )
-- T>Q,�A , Tnc-
Council/Agency Meeting Held: —' ~ 00
Deferred/Continued to:
Ap oved ❑ Con itionally A oved ❑ D ' d�
r
r 's Signature
Council Meeting Date: June 5, 2000
Department ID Number: FD 00-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
t�
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -=
SUBMITTED BY: RAY SILVER, City AdministratorQA.,/-`
PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director- :� =
1 l.i
SUBJECT: APPROVE COMPUWARE AGREEMENT FOR TECHNICAL AND
HELP DESK SUPPORT PERSONNEL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the Citv enter into an aareement for contractual technical and
computer help desk support staff in the Information Systems Division, .'Provided by
Compuware?
Funding Source: The Information Systems (IS) budget for this fiscal year includes $80,000
in contractual services (Account E-AA-NI-178-390) for technical and help desk support
personnel. No additional funds are needed.
Recommended Action(s): MOTION TO: 1) Approve and authorize the Mayor and City
Clerk to execute the Professional Services Contract Between the City of Huntington Beach
and Compuware Corporation for Technical Support Personnel. 2) Approve the waiver to
modify the City's standard contract indemnification language and include a paragraph
regarding non -solicitation of contractor's employees as recommended by the settlement
committee.
Alternative Action(s): Do not approve the agreement.
Analysis: The City's Information Systems Division is currently recruiting for five vacant
positions. Until the Division is back to full staff, outside resources are required to provide
additional technical and help desk support. This agreement with Compuware will allow the
hiring of support personnel with different skills levels and hourly rates. It is estimated that up
to $60,000 will be needed to provide the required technical and help desk support until the
vacant positions can be filled. These funds are available in the current budget in account
E-AA-NI-178-390 (Contractual Services).
The waiver request is for modifications to the City's standard contract indemnification
language and the addition of a paragraph that prohibits the City from soliciting Compuware's
employees to seek employment or other contractual arrangement with the City unless
otherwise agreed to by Compuware. Both the City Attorney's office and the Settlement
Committee have reviewed and approved these changes.
REQUEST FOR COUNCIL ACTIN
MEETING DATE: June 5, 2000
Environmental Status: None.
Attachment(s):
DEPARTMENT ID NUMBER: FD 00-005
FD00 005 DPRC Compuware.doc -2- 05/30/00 9:48 AM
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11
ATTACHMENT 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND COMPUWARE
CORPORATION FOR TECHNICAL SUPPORT PERSONNEL
THIS Agreement is made and entered into this nth day of Junes 2000,
by and between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and COMPUWARE CORPORATION, a Michigan corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide technical
support personnel and Help Desk support personnel; 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide all services as described in the applicable Service
Order attached hereto as Exhibit A.
For each Exhibit A CONSULTANT shall designate an authorized representative,
who shall represent it and be its sole contact and agent in all consultations with CITY for the
applicable Exhibit A.
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. 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 and all tasks specified in an
Exhibit "A" shall be completed as provided therein. Such times may be extended with the written
permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally
to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be
amended if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT the fees provided in the applicable Exhibit "A".
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this Agreement, and
an Exhibit A, the following order of precedence shall govern: (1) Agreement, and (2) Exhibit A.
6. EXTRA WORK
In the event CITY requires additional services not included an Exhibit "A," or
changes in the scope of services described an 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.
7. METHOD OF PAYMENT
CONSULTANT shall be paid at the billable rates set forth in the applicable Exhibit A.
CONSULTANT shall invoice CITY on a monthly basis. Terms shall be net thirty (30) days. Each
invoice shall provide the following:
1) Reference this Agreement;
2) Describe the services performed;
00agree/compuware/5/3/00 2
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3) Show the total amount of the payment due;
4) 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
5) For all payments include an estimate of the percentage of work
completed.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all original
drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and
other documents, shall be turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first, provided all undisputed amounts due
CONSULTANT by CITY have been paid. In the event this Agreement is terminated, said materials
may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said
materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to
the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT
shall be entitled to retain copies of all data prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, reasonable costs and fees of litigation of every nature)
arising out of or in connection with CONSULTANT's negligent or intentional acts or omissions in
the performance of 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. If
CONSULTANT is deemed liable by a court of competent jurisdiction, CITY shall be reimbursed by
00agree/compuware/5/3/00 3
CONSULTANT for all costs and reasonable attorney's fees incurred by CITY in enforcing this
obligation.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder; and shall indemnify,
defend and hold harmless CITY from and against all claims, demands, payments, suit, actions,
proceedings, and judgments of every nature and description, including attorney's fees and costs
presented, brought or recovered against the CITY, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by CONSULTANT under
this Agreement.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to
CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance
and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's covenant
to indemnify CITY, CONSULTANT shall obtain a policy of general public liability insurance,
including motor vehicle coverage covering the PROJECT. The policy shall indemnify
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CONSULTANT, its officers, agents and employees, while acting within the scope of their duties,
against any and all claims arising out of or in connection with the PROJECT, and shall provide
coverage in not less than the following amount: combined single limit bodily injury and property
damage, including products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT.
The policy shall name CITY, its agents, its officers, and employees as Additional Insureds, and
shall specifically provide that any other insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. 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 will make every effort to maintain similar insurance during
the required extended period of coverage following project completion,
including the requirement of adding all additional insureds.
00agree/comp uware/5/3!00
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C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies 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 coverages in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
14. LIABILITY
In no event shall CONSULTANT be liable for any indirect, special, consequential or
incidental damages arising from lost profits, or from furnishing services under this Agreement,
00agrce/compuware/5/3/00 6
whether in an action based on contract or tort, including negligence and strict liability. CITY agrees
that CONSULTANT's liability for damages, if any, shall not exceed any charges paid to
CONSULTANT by CITY under the applicable Exhibit A.
15. NON -SOLICITATION OF EMPLOYEE
CITY agrees that it will not solicit CONSULTANT's employees to seek an employment or
other contractual arrangement with CITY or any third party, unless otherwise agreed to in writing
by an authorized representative of CONSULTANT.
16. 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 the CITY.
CONSULTANT shall secure at its 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 services to be performed hereunder.
17. 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 PROJECT is fully complete upon thirty (30) days prior written notice to
CONSULTANT. 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 the CITY,
become its property and shall be delivered to it by CONSULTANT, provided all undisputed
amounts due CONSULTANT have been paid.
00agree/compuware/5/3/00 7
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18. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONSULTANT to any other person or entity without the express written
consent of CITY.
19. 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.
20. 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.
21. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in
Section 1 hereinabove) or to CITY's Fire Chief 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, addressed as follows:
TO CITY:
Fire Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Leveda Magee, Branch Manager
Compuware Corporation
18302 Von Karman Avenue, Suite 500
Irvine, CA 92612
If a legal notice, with a copy to:
Compuware Corporation
31440 Northwestern Highway
Farmington Hills, MI 48334
ATTN: Legal Department/General Counsel
00agree/compuware/5/3/00 8
22. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement
24. SECTION HEADINGS.
The titles, captions, section, paragraph, 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 maters 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.
25. 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 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,
00agree/compuware/5/3/00 9
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.
26. 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 of the parties hereto shall retain an
originally signed copy hereof. Each duplicate original shall be deemed an original instrument as
against any party who has signed it.
27. 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.
28. 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.
29. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
00agrce/compuware/5/3%00 10
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30. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
COMPUWARE CORPORATION, a
Michigan corporation
By:�
print name
ITS: (circle one) Chairman/Preside Vice President
AND
By:
1:,M GsS CGS
print name
ITS: (circle one) ecreta hief Financial Officer/Asst.
Secretary,= Treasurer
REVIEWED AND APPROVED:
City AdKinistrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
APPROVED AS TO FORM:
City Attorney
INITIATED, REVIEWED AND APPROVED:
Ax�juj � &&J
Fire Chief
ATTEST:
d'4�rci owu4v
City Clerk
11
00agree/compu ware/4/7/00
ATTACHMENT 2
0 0
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COMPUWARE
°�s •�=s
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PROFESSIONAL SERVICES AGREEMENT
No. 120-00-0012
BY AND BETWEEN COMPUWARE CORPORATION ("COMPUWARE")
ADDRESS 18301 Von Karman Avenue, Suite 500
Irvine, California 92612
AND City of Huntington Beach ("CLIENT")
ADDRESS
2000 Main Street
Huntington Beach, CA 92648-2702
As more specifically set forth in the following terms and conditions, COMPUWARE shall perform for CLIENT
the services described in each Service Order attached hereto and incorporated herein by reference.
Should Customer employ, either directly or indirectly, as an employee or contractor or otherwise, Contractor assigned
hereunder, Customer agrees to pay to Compuware within 30 days of the beginning of such employment, a placement fee
pursuant to the following schedule:
Days on Contract
0-30
31-60
61-90
91-120
121-150
151-180
Over 180
13th
This Agreement is entered into this
FOR UWARE:
7V4&—
By: SL---
eve a
Name: agee
Title: Branch Manager
Fee Value
January, 2000
day of
(month, year)
FOR CLIENT:
By:
Name:
Title:
25%
23%
21%
19%
17%
15%
0%
WHITE — Compuware YELLOW — Client EXHIBIT A
o .�ryFe
*Pir
COMPUWARE
Si0,
""
n
�464: �i°0o
k'oo 3H�»
SERVICE ORDER
This Service Order will be a part of the Professional Services Agreement No 20-00-0012 between
COMPUWARE CORPORATION ("COMPUWARE") and City of Hun Ing on each
("CLIENT'), as executed by COMPUWARE on 13-JA - The rates shown in the most current Service
Order shall control.
1. Services: Under the supervision of City of Huntington Beach Information Systems personnel,
services provided by Compuware Corporation to the City of Huntington Beach shall
include, but are not limited to: Help Desk
2. Personnel: Hourly Billable Rate:
Name Standard Premium/Overtime
$27.00-36.45 / hr. $40.50-54.68 / hr.
3. Other Terms: Start date Length of contract shall be approximately months with
option to extend or roug projec completion.
2000 Main Street, Huntington Beach, CA 92648
4. Location:
This Service Order is entered into this 28th day of March, 2000
For COMPUWARE:
(Month, Year)
For CLIENT:
By By
Name Leveda Magee C)y- S4�0")M Name
Title Branch Manager Title
WHITE — Compuware YELLOW — Client v
1�118/97 #15
' A
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COMPUWARE "" .°"
a:„
W6��a � i°Oo09
f O
SERVICE ORDER
This Service Order will be a part of the Professional Services Agreement N0120-00-0012 between
COMPUWARE CORPORATION ("COMPUWARE") and City of Huntington Beach
("CLIENT'), as executed by COMPUWARE on 13-JAN-00 . The rates shown in the most current Service
Order shall control.
1. Services: Under the sunPrvision of City of Huntington Reach Informatinn Systems pers�nnell�aetv�_
provided hysmpuware Corporation to the City of_Hu_ nt�tnn Reach shall include but are not
limited tn• Desktop/PC Technician
2. Personnel: Hourly Billable Rate:
Name Standard Premium/Overtime
$30.65-41.42 / hr. $45.98-62.13 / hr.
3. Other Terms: Start date Length of rnntrart shall ha approximately months with
option to extend or through project completion.
4. Location: 2000 Main Street, Huntington Beach, CA 92648
This Service Order is entered into this
For COMPUWARE:
28th March, 2000
day of
(Month, Year)
For CLIENT:
By By
Name Leveda Magee Or .f(4v btr)Oi, Name
Title Branch Manager Title
WHITE — Compuware YELLOW —Client y IN 8/97 #15
GG,
Pp�c �o
COMPUWARE
'��6`a` �praoOO
SERVICE ORDER
o-00-0012�
This Service Order will be a part of the Professional Services Agreement No. l` between
COMPUWARE CORPORATION ("COMPUWARE") and City of Huntmgion Beach
("CLIENT'), as executed by COMPUWARE on 13-JAN-00 The rates shown in the most current Service
Order shall control.
1. Services: Under the supervision of City of Huntington Beach Information Systems personnel, services
provided by Compuware Corporation to the City of Huntington Beach shall include, but are not
limited to: Network Engineer
2. Personnel:
Name
Hourly Billable Rate:
Standard Premium/Overtime
$37.50-52.50 / hr.
�a
y
3. Other Terms: Startdate . Length of contract shall be approximately months with
option to extend or through project completion.
4. Location: 9000 MaVn Street, H«tigtor.>_Etearh, rA g9RA8
This Service Order is entered into this 28th day of March, 2000
(Month, Year)
For COMPUWARE:
For CLIENT:
By By
Name Leveda Magee (,K C4-f -iSU-e 82 Ck Name
Title Branch Manager Title
WHITE — Compuware YELLOW —Client 1 At -it"' ' ' 8/97 #15
MAY-24-2000 14:46 MBS �'r``i'^ 5 -r, S 'A � Z 2483563131 P.02i02
(;ti'� I It -'I(.: UI- LIHtiILI I Y IIVSUt< %4UL-OPiD SC
C005628 05 24/00
PRODUCER THIS CERTIFICATE 1578SUED AS A MATTER OF INFORMATION
S , C"j-Vk C-4� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE __r--
Cornish Zack Hill & Assoc, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
24225 West Nine Mile Ste 204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Southfield MI 48034
Phone:248-353-5850 Fax:248-353-1432
INSURED
Commppuware Corporation
314�0 Northwestern Hwy
Farmington Hills MI M34-2564
COVFRAGFS
INSURERS AFFORDING COVERAGE
INSURER A: American Motorists Ins. CO.
INSURER B: National Union Fire Ins. Co.
INSURER C: American Manufacturers Mutual
INSURER D: American International 3p cia
INSURER E:
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. _
LTR TYPE OF INSURANCE POLICY NUMBER GATE MIDD DATE (MMtDDrM LIMITS
A
GENERAL LIABILITY
X COMMERGALGENERAL LIAMLITY
CLAIMS MADE a OCCUR
3ABO46926-01
04/01/00
04/01/01
EACH OCCURRENCE
$ 1 , 0 00 , 000 .
FIRE DAMAGE (Any am fire)
MED EXP (Any one person)
$1,000,000.
S 1 O 0 00.
PERSONAL & ADV INJURY
$ 1, 000 , 000 .
+
GENERAL AGGREGATE
$ 2 , 000 , 000 .
GERL AGGREGATE LIMIT APPLIES PER:
POLICY F7 jAW X LOC
PRODUCTS - COMP/OP AGG
$ 1 , 0 00 , 000 .
C
AUTOMOBILE
LIABILRY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
F3YO31622-01
04/01/00
04/01/01
COMBINED SINGLE LIMIT
(EsgcdaenG_
BODILY INJURY
(Par Person)
T1,000,000.
X
$
X
BODILY INJURY
(Peraccidenc)
S
X
PROPERTY DAMAGE
(Per gccl ann
S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGO
S'
S
B
EXCESS LIABILITY
X OCCUR F1 CLAIMS MADE
DEDUCTIBLE
RETENTION S
BE70100-26
04/01/99
04/01/02
EACH OCCURRENCE
S5,000,000.
AGGREGATE
S 5,000,000.
S
C
WORKERS COMPENSATION AND
EMPLOYERSLIABILTfY
38HO45874-01
04/01/00
04/01/01
IATU
X I TRY LIMIT5 ER
S1,000,000.
S 1, 0 0 0, 0 0 0.
E.L.EACHACCIDENT
E. L. DISEASE - EA EMPLOYE
E.L.DISEASE-POLICYLIMIT
Sl 000,000.
D
OTHER
PROFESSIONAL LIAB
270-00-50
04/01/99
04/01/02
CLMS MADE 5,000,000
AGGREGATE 5,000,000
OESCRIPTION OF OPERATIONSILOCATIONSNEHICLEBrEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
City of Huntington Beach, its Agents, Officers and Employees shall be named
as Additional Insured with respect to the General Liability Policy.
APPROVED AS TO 1!'ORtA:
GAIL HUTTON, City Attorne-q
BY: Y
CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER' CANCELLATION ' V— r
HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAOML6 FORE THE S 13 ( I
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL-MIDEgVM TO MAIL
City of Huntington Beach 30 DAYS WRITTEN NOTICE TO TH5kERTIFICATEHOLDERNAMEDTOTHE
Micahel Dolder LEFT
2000 Main Street
Huntington Beach CA 92648
KATHY S. Z,AC
ACORD 25-S1 (7/97) ACORD CORPORATION 1988
MAY-24-2000 11:39 MBS 99%
TOTAL P.02
P.02
MAY-30-2000 13:59 MBS 2483563131 P.03iO3
ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEFS
2000 MAIN Sl'REET
HUNTINGTON BEACH, CA 92648
APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
By:��ttoz°n�r-
r ^ S I3 d o-o
(If no entry appears above, information required to complete this endorsement will he shown in the Decla-
rations as applicable to this endorsement.)
WHO IS AN INSURED (Section Iq Is amended to include as an insured the person or organization shown in
the Schedule as an insured but only with resppa to liability arising oul of your operations or premises awned
by or rented to you.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY
IS WRITTEN.
Copyright, Insurance Services Office, Inc„ 1984
CG 20 26 (Ed. 11 85) Printed in U.S.A.
TOTAL P.03
MAY-30-2000 10:53 MBS 9e% P.03
ATTACHMENT 3
•
•
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
All 0
1. Name/Title/Department of Requesting Staff Member CA"EN KrE►'TN 1 acT1146, . 15 MbR :TA DEPT
2. Date of Request 4 . T T r:
co » f
3. Name of Contractor/Permittee ' �•'
4. Description of work to be performed 'TAILS HELP DESY- CALLS IN 1-S• MMIoN AND
?C-op m. TIEu wcfrL,yi eup w o iL4 ft wn o6 n Coyyt nt m a s , LA 4 l w of -
CoMPI&WPrez LS Tftytow& P(5mptieL. "M Lis ow A Tampole4l y 5ms.
5. Value of Contract VJILJ, VAR%t Pay NUM&eR OP PEOPLE WE USE VIA JIRO A&jWE'mEl►T-
6. Length of Contract PE 2SONN EL. W I LI, U LLS ED AS NEZD6 D - I N DERi N mr q
7. Type of Insurance Waiver or Modification Requested: ZN 5QILA NCC- P*QU IR.6!'Y &KM N AM Nff
W-EN CHANbED. GHAN6CS ArAI~ TD WILD LD HAW Leib OIL0SSE ArA) D L-16 61 WTY.
(a) Limits: (b) Coverage
8. Have you contacted Risk Management to determine if professional liability coverage is available through
SCOPE? NO
9. Reason for Request for Waiver or Reduction of Limits COMP LtW Ak6 M5 RZQLIES-SD
'THESE CHKp&c- w4tc44 jmcawe A eAiLA sttA94 ow NON- SOLIctinnoN
DP !AeAP, CWW4EES oj4 WD m 'iUe k0k-D HAR.ML,655 &ND WASK-IN
10. . Identify the risks to J#e City if this request for waiver or modifications granted V E/eE /S pot2ri o NS
Department Head Signature
'.2/.JV
(This section to be completed by Risk Manager)
Recommendation: Approve -Deny
Risk Manager's Sionature/Date
(This section to be completed by City Attorney)
Recommendation: Approve
City Attorney's Signature/Date
Settlement Committee appr v�[isjif, required for this waiver. If Settlement Committee approval is required,
submit this form to City Attoo be placed on the agenda. Recommendation: Approve Deny
City.Council appro [is t] required for this waiver. If City Council approval is required, attach this form to the
— RCA after considers ' n b the lement Committee. This insurance waiver [is not] on City pCn c.1 agepda.
Reviewer's initials: c�V�JI
jmp/mis/inswaiver/3/14/00
['Dja CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: Connie Brockway, City Clerk
From: Michael P. Dolder, Fire Chief/Information Systems Director
Date: May 23, 2000
SUBJECT: COMPLIANCE WITH CHAPTER 3.03, CITY MUNICIPAL CODE
(COMPUWARE CONTRACT)
In accordance with the Huntington Beach Municipal Code, Chapter 3.03 (Professional Services), informal
written proposals were obtained from three qualified consultants to provide services to the City's Information
Systems division. Of the three consultants, Compuware was deemed the best qualified to provide temporary
technical personnel for the Information Systems division.
The procurement of temporary technical personnel was budgeted in the 99/01 budget.
hAmy documentskmemos\memo from mpd to brockway.doc