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HomeMy WebLinkAboutDELOITTE & TOUCHE, LLP - 1999-10-18F� HINTINGTON BEACH TO: FROM: DATE: SUBJECT: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Mike Dolder, Fire Chief Connie Brockway, City Clerk October 21, 1999 Enterprise Resource Planning Business Systems Software, Hardware, and Consulting Services Transmitted to you for distribution are the following documents: J.D. Edwards Contract Deloitte & Touche Contract Avnet Computer Agreement Vertex Inc. Agreement (Insurance needed) Infosys Business Solutions Contract These contracts and agreements were approved at the October 18, 1999 City Council meeting. They have been executed by the Mayor and City Cleric as directed by Council. Insurance copies for J.D. Edwards and Deloitte and Touche, LLP have been forwarded to the Risk Management Department. Please provide the City Clerk's Office with any additional insurance upon receipt. Cc: Colleen Keith, Senior Department Analyst, Fire Dept. Shari Freidenrich, City Treasurer John Reekstin, Administrative Services Director cbmemos199-25cc �OL02i2 � h'ik ¢J-- F u o cnje,(6# - YYrap�,�Gt Council/Agency Meeting Held: /Z- ZZ— Deferred/Continued to: UKAppro ed ❑ Conditionally Approved ❑ Denied 6W City Clerk's Signafuire Council Meeting Date: October 18, 1999 Department ID Number: FD 99-010 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: MICHAEL P. DOLDER, Fire Chief JOHN REEKSTIN, Administrative Services ctorl'e SHARI L. FREIDENRICH, City Treasur� SUBJECT: FUNDING AND ACQUISTION OF ENTERPRISE RESOURCE PLANNING BUSINESS SYSTEMS SOFTWARE, HARDWARE, AND CONSULTING SERVICES Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City replace its current Business System hardware and software by acquiring integrated Enterprise Resource Planning software developed by J.D. Edwards World Solutions and implemented by Deloitte and Touche, LLP? Funding Source: The City Council has previously appropriated $2,250,000 in General Fund revenue, $1,517,162 in carry -forward capital projects revenue, and $1,000,000 from the Water Fund toward the Enterprise Resource Planning (ERP) software and Optical Imaging projects. However, since this appropriation, additional ERP project details and costs for the 3-Phase project have been identified through extensive scoping and requirements meetings with J.D. Edwards, Deloitte & Touche, and Avnet Computer identifying the total project cost to be $7,015,531. As a result, Phase I will require an additional appropriation of $870,238. Proposed additional funding sources for Phase I include: $511,623 in Equipment Replacement fund bankruptcy recovery revenue, $272,277 in unexpended FY 1998/99 Equipment Replacement Revenue, and $86,338 in Capital Projects fund bankruptcy recovery revenue. A Fiscal Impact Statement for this appropriation is included in Attachment 1. A subsequent supplemental Phase 11 appropriation request of $1,378,131 will be included in the FY 2000/2001 unfunded projects list. Phase III costs for a FY 2001/2002 Utility Billing software implementation is sufficiently funded in the Water Fund budget and no additional appropriation is required. R QUEST FOR COUNCIL ACTON MEETING DATE: October 18, 1999 Recommended Actions: DEPARTMENT ID NUMBER: FD 99-010 1. MOTION TO: Appropriate $870,238 to the ERP Business System software implementation from the following funds: $511,623 in Equipment Replacement fend bankruptcy recovery revenue, $272,277 in unexpended FY 1998199 Equipment Replacement fund revenue, and $86,338 in Capital Projects fund bankruptcy recovery revenue. 2. MOTION TO APPROVE AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE: A.) A contract with J.D. Edwards World Solutions for Software Services and Maintenance totaling $1,236,976 including City's limited indemnity obligation to J.D. Edwards per Article V, Section 6(D)(ii). B.) A contract with Deloitte & Touche, LLP for J.D. Edwards Enterprise Software Application and Implementation totaling $1,934,834.18 including a revision capping consultant's liability to the City under the Hold Harmless provision of the contract at $6,000,000. C.) An agreement with Avnet Computers to provide Conference Room Pilot Implementation and Configurable Network Computing consulting totaling $415,288.11, including changing the standard Hold Harmless language limiting scope to professional services and capping the exposure to the aggregate value of the contract totaling $415,288.11. D.) An agreement with Vertex Inc. for payroll tax software and maintenance totaling $12,765. E.) A contract with Infosys Business Solutions for supplying contract personnel to provide automation services for maintaining and converting existing business system software, and automation services for Building & Safety operating systems for time and materials not to exceed $240,000. ��re peel 6 - e ��� /. � �-"sue,/) 3. OTION TO: Amend the FY 1999/2000 budget by adding one Department Analyst Senior position to the Fire Department and one Administrative Secretary position to the Administrative Services Department fund d within the ERP project budget. 4. 'MOTION TO: Authorize the Fire Chief and Administrative Services Director to enter into, on behalf of the City, all supplemental agreements or documents with J.D. Edwards; Deloitte & Touche, LLP; Avnet Computers; Vertex Inc.; and Infosys Business Solutions, LLC, necessary to implement the services and/or arrangements with these companies and enter into any amendments to the agreements with these companies, which do not �xceed $50,000 and fall wit' in the total project budget. f1"le,e%l � � � /--e Hsui,�, Alternative Action(s): 1. Take no action and continue using existing software and mainframe computer hardware. This alternative does not require an immediate expenditure. However, since the manufacturer no longer supports the mainframe computer hardware, system failure irRP Business System Purchase B -2- 10112/99 5:08 PM 0 REQUEST FOR COUNCIL ACTIQN MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: FD 99-010 becomes critical with time. A mainframe failure will cripple the City's ability to collect revenues and make payments. 2. Take action on a portion of the contracts/agreements, funding appropriation, and/or position requests. The appropriation request, contracts/agreements, and position requests although separate, are companion documents that provide the necessary resources to complete a successful ERP business system implementation. Partial approval of the motions will have a negative effect on the City's overall ability to replace current business systems. Analysis: The City's current customized business system software was developed by City staff approximately 25 years ago and, with continued updates, has served the City's needs very well. However, the City's current and future operating needs require the replacement of the business system software and the unsupported mainframe computer it currently runs on. Replacing the current software is critical in order to: 1) be competitive, 2) eliminate independent computerized databases, which require duplication of effort, 3) implement process improvement opportunities permitted by single point of data entry, electronic workflow and Web -based technologies, and 4) meet City auditor requirements for improved record retrieval and asset management. The software change is also motivated by the availability of new generation "client/server" based technology which replaces mainframe hardware, improves effectiveness, and lowers the cost of information technology investments. The enterprise business system replacement project was evaluated in the following areas: 1. Software 2. Consulting 3. Training 4. Hardware 5. Staffing 6. Timing/Cost Software — A ten -member core team, consisting of the Administrative Services Director, City Treasurer, Fire Chief, Finance Director, Chief Accountant, Personnel Director, and four Information Systems staff members as well as over thirty City staff users, has collectively spent over two thousand hours reviewing the world's four leading Enterprise Resource Planning (ERP) software vendors. Based on design and performance, the top two choices, J.D. Edwards and SAP, were reviewed more extensively including site visits to current government users, which included Oceanside, CA; Orlando, FL; Phoenix, AZ; and Sacramento County, CA. Based on the extensive review described above and review of proposals submitted by J.D. Edwards and SAP, staff is recommending the purchase of J.D. Edwards World Solutions as the provider of the City's new ERP software. This new software will is easier to support in the long term and eliminates dependence on be "off the shelf' which customization. ERP Business System Purchase B -3- 10/12199 5:08 PM RQUEST FOR COUNCIL ACTION MEETING DATE: October 18,1999 DEPARTMENT ID NUMBER: FD 99-010 The J.D. Edwards software license, service and maintenance agreement (Attachment 2) totaling $1,265,341 includes licenses for the following application modules: Foundation Suite, Financial Suite, Logistics/Distribution Suite, Human Resources Suite, Payroll Suite, Computer User Education, Job Costing, Fleet Management, Property Management, Customer Service Management, Facility Management, and Utility Billing. Additional third party software will also be required for payroll tax calculation, cash receipting, business license, and investment management. The Vertex Inc. software and license agreement (Attachment 3) is included for immediate implementation of the payroll tax calculation software at a cost of $12,765. Subsequent requests will be made for City Council approvals of agreements with other third party software providers necessary to complete the City of Huntington Beach's business system software replacement project. These third party software products are compatible with the J.D. Edwards Enterprise software. Consulting — Staff is recommending that Deloitte & Touche, LLP be the implementor of the ERP software project and conversion of existing data. Deloitte & Touche has extensive experience in implementing J.D. Edwards software including, most recently, serving as the implementor for the City of Culver City. During the first two years of a three-year implementation, Deloitte & Touche will help guide City staff in implementing all of the software modules except the Utility Module, which will be installed in the third year with J.D. Edwards as the implementor. Phase 1 and Phase iI consulting services provided by Deloitte & Touche for the implementation of J.D. Edwards Enterprise software are described in Attachment 4 at a total cost of $1,934,834.18. Using a Big 5 consulting firm ensures that the City will have the opportunity to incorporate "best business practices" in developing new workflow choices. Infosys Business Systems' services and agreement (Attachment 5) is for contract programming/automation services required to maintain both the existing accounts payable, accounts receivable and payroll programming and resources during the transition of these programs to the J.D. Edwards software. Automation services are also required for the maintenance of Building and Safety's current computerized inspection program and are included in the contract. This contract covers the 3-year implementation period with a cap of $240,000 per year. Training — Success of an ERP project not only involves the implementation of new hardware and software but, equally as important, the knowledge transfer of the new software's operations and training of City staff in the effective use of the system. The proposed project will provide significant training for the City staff implementing the software as well as training for the entire citywide user group. Most training will be conducted at J.D. Edwards' Costa Mesa site or at City Hall. User group training is also included in a Computer User Education module available to each user at their desktop PC. This education module also provides a framework for documenting procedures for all processes that the City implements as part of the new ERP system. These training costs are included in the J.D. Edwards agreement. ERP Business System Purchase B -4- 10/12199 5:08 PM R• UEST FOR COUNCIL ACT MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: FD 99-010 Hardware — Hewlett-Packard hardware, which is the current City standard, will be acquired for the client/servers and configured by Avnet Computer. Avnet will also serve as a technical resource on hardware issues related to the project. Avnet's agreement (Attachment 6) costing $415,288.11 provides for sufficient hardware and technical support to implement the J.D. Edwards ERP business system software and connection to the City's existing network and remote sites. The City's Microsoft Office software standard, which is also required as part of the J.D. Edwards' ERP software implementation, will operate on this new hardware. Staffing — The ERP business system software implementation is one of the most significant and complex organizational tasks that the City has or will undertake. The challenge is both complex and labor intensive. Over forty City staff members will be directly committed at various points during the 3-year project. These forty plus staff members are equivalent to upward of eleven full time City employees. Deloitte & Touche will be providing the equivalent of five full time employees to the project as well. Part of the City's implementation costs includes funding for new positions as well as backfilling positions required for the project. Several positions within various City departments, with Administrative Services impacted the most, will need to be backfilled during the ERP project implementation. Positions that require 75% — 100% commitment to the project are considered to be full time and will require direct backfill. Duties of existing staff who are providing 25% - 50% of their time to the project will either be absorbed within the department, or assigned to supplemental staff on a contract basis or through temporary employment agencies. Additional position requests, including a Database Manager, will be submitted for City Council consideration in the near future. However, two positions require immediate full time replacements to begin the project. The Project Manager position (100%), to be filled by Colleen Keith, Department Analyst Senior from the Fire Department, and one Administrative Secretary (100%) for the Administrative Services Department are positions that require immediate replacement. Both of these positions will require staffing amendments to the FY 1999/2000 budget. After project implementation is complete, the additional positions will be absorbed into the organization via attrition or will be eliminated. TiminglCost— The three-year ERP implementation project will be divided into three, one- year phases. Phase I - will implement Financials (General Ledger, Accounts Payable, and Accounts Receivable); Distribution (Procurement); Payroll; Human Resources; Budget Module; Payroll Tax Calculator; and Cash Receipting. Cost - $4,555,101. Timing/Cost (Cont.) Phase 11— will implement Job Costing; Activity Based Costing; Fixed Assets; Invoice and Work Order; Fleet and Property Management; Facility Management; Customer Service Management; Business License; and Investment Management. Cost - $1,459,630. Phase Ili — will implement Utility Billing followed by the removal of the mainframe computer. Cost - $1,000,800. ERP Business System Purchase B .5- 10/12199 5M PM *QUEST FOR COUNCIL ACAN MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: FD 99-010 To protect the City, based on future funding availability, City Council could choose to delay Phases II and III. All contracts/agreements have language provisions. allowing for such cancellation. However, the full benefit of enterprise software improvements cannot be achieved without implementing all of the software modules. Delaying Phase II and III would add costs to the project and make mainframe hardware failure more probable. Timing of the project is critical to a successful implementation. Fortunately, the City's two- year budget provides for a first -year Phase I environment that produces the greatest staff availability for a successful implementation. However, Phase 1 must be completed within FY 1999/2000 and requires that the project be approved and started immediately to meet this time line. Failure to start immediately could jeopardize the entire project forcing a start time delay until FY 2001/2002. Based on the unsupported mainframe, a two-year start delay would stretch the project to five years and would compromise the operability of the current financial systems. Summary of Recommended Actions Requested Action Description 1. Appropriation of funds to cover Phase Funding Source: I costs ($870,238) • Equipment Replacement Fund Ca ital Projects Fund 2. Approve J.D. Edwards Enterprise Software Contract $1,236,976 Training, Service & Maintenance 3. Approve Deloitte & Touche Contract Consulting for Software Implementation $1, 934, 834.18 4. Approve Avnet Computer Agreement Hardware and Technical Support $415,288.11 5. Approve Vertex Inc. Payroll Tax Software Agreement $12,765 6. Approve Infosys Business Solutions Programming Maintenance and Conversion Contract $240,000 7. Budget Amendment (Covered in Add Positions: Project Budget) • One Department Analyst One Administrative Secretary 8. Authorize Fire Chief/Admin. Services Authorization for supplemental agreements or Director to enter into agreements documents $50,000 limit within project Budget) New Appropriation Criteria: In March 1998, the City Council adopted three criteria to follow in requesting a new appropriation: 1) It is an unanticipated emergency, 2) It is required to implement labor negotiations, or 3) It is a new expense that is offset by related new revenues. This request falls under Criteria 1, as the additional Phase I expense was unanticipated and must be considered an emergency since we must begin the Phase I process by November 1, 1999 in ERP Business System Purchase B -6- 10/12/99 5:08 PM •QUEST FOR COUNCIL ACRON MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: FD 99-010 order to meet the other time lines set for Phases Il and ill. Failure to initiate this project may result in the failure of our mainframe computer causing an economic crisis. Finance Board Position: Technology updates, including the ERP Business System software replacement, have been presented to the Finance Board on numerous occasions. During the most recent presentation, on September 15, 1999, the Finance Board strongly supported the need to immediately purchase and implement the new ERP software. Environmental Status: None Attach ment(s): City Clerk's •..• Number No. Description I Fiscal Impact Statement. 2 J.D. Edwards Software License, Service & Maintenance Agreement & Insurance Certificates. = b 00. / 0 3 Vertex Inc. Software & License Agreement. VE Goo. r O 4 Professional Services Contract Between the City of Huntington Beach and Deloitte & Touche, LLP for J.D. Edwards Enterprise Software Application and Implementation & Insurance Certificates. 5 Professional Services Contract Between the City of Huntington Beach and Infosys Business Solutions, LLC for Automation Services & Insurance Certificates. /N boo. ,C 6 I Avnet Computer Conference Room Pilot implementation and Confaurable Network Consultinq Aqreement &: Insurance Certificates. Ay 600• /o ERP Business System Purchase B .7- 10113199 10:08 AM 0 •�, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-01 Business System Funding . Date: October 4, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Business System Funding." The table below shows this action's effect on the City's estimated fund balances and working capital at September 30, 2000. New Money Budgeted in 1999/2000 Bankruptcy Recovery Money 1998/99 Appropriations Authorized in 1999/2000 Budget Additional Funding Requested Total Capital Equipment Projects Replacement Fund Fund Total $ 2,250,000 $ - 2,250,000 66,338 511,623 597,961 1,517,162 - 1,517,162 - 272,277 272,277 $3,853,500 $783,900 $ 4,637,400 If the Council approves this action there will be no effect on the estimated Capital Projects Fund Balance at September 30, 2000. The monies have either been previously approved for the 1999/2000 budget or have not been committed (bankruptcy recovery money). Council has previously appropriated $2,250,000 in reserve General Fund revenue and $1,517,162 in carry -forward capital projects revenue, from fiscal year 1998/99. This action will appropriate the additional $870,238 needed to fully fund Phase 1 and. the initial steps for Phase II for the ERP project. If the Council approves this action, the estimated working capital of the Equipment Replacement Fund at September 30, 2000 will be reduced to $1,406,000. dlenj J hn Reekstin, Director of Administrative Services PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DELOITTE AND TOUCHE, LLP FOR JDED,WARDS ENTERPRISE SOFTWARE APPLICATION AND IMPLEMENTATION THIS AGREEMENT is made and entered into this 18 th day of October 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Deloitte & Touche, LLP, a limited liability partnership, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the consulting and implementation services of CONSULTANT in order to assist CITY with the implementation of JDEdwards Enterprise Software Applications; 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: 1. WORK STATEMENT CONSULTANT will be responsible for the scope and nature of the services and the method and manner of CONSULTANT's performance of those services regarding Phase I and 2 of CITY's implementation of JDEdwards Enterprise Software Applications as specifically described in Exhibit "A" (Project Scope & Deliverables), which is attached hereto and incorporated into this AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." In carrying out the PROJECT, CONSULTANT shall provide to CITY JDEdwards Enterprise Software Applications trained personnel as g:/jmf/99agree/De1oitte#3 • described specifically in Exhibit "B" (Project Resources Spread Sheet), which is attached hereto and incorporated into this AGREEMENT by this reference. 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. It is understood and agreed that to the extent that CONSULTANT's services may include advice and recommendations, all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by, CITY. 3 CONSULTANT hereby designates Tim Province, who shall represent it and be its main 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. CITY resources and level of effort required to meet PROJECT timelines are specified in Exhibit "B." In addition, CITY shall cooperate with CONSULTANT in the performance by CONSULTANT of its services hereunder, including, without limitation, providing CONSULTANT with reasonable facilities and timely access to data, information and personnel of CITY. CITY shall be responsible for the performance of its employees and agents and for the accuracy and completeness of all data and information provided to CONSULTANT for purposes of the performance by CONSULTANT of its services hereunder. g:/jmf/99agree/De1oittet#3 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 Section 1 shall be completed no later than two (2) years from the date of this AGREEMENT; provided, however, that this time period will be extended by delays outside of CONSULTANT's reasonable control. A timely completion is of significant importance to CONSULTANT, and CONSULTANT will notify CITY promptly in writing, -if CONSULTANT believes there are delays that would jeopardize the targeted completion dates. These times may be extended with the written permission of CITY. In addition, given the proximity to January 1, 2000 as well as the required involvement of CITY's team and others, CONSULTANT makes no assurances that the scope of services for this AGREEMENT will be completed in a time frame sufficient to avoid any Year 2000 problems. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee, which includes all costs and expenses, not to exceed one million nine hundred thirty-four thousand eight hundred thirty-four dollars ($1,934,834). Within thirty (30) days after the execution of the AGREEMENT, CITY will provide to CONSULTANT a retainer of fifty thousand dollars ($50,000). Thereafter, CONSULTANT will bill CITY its fees monthly at eighty thousand six hundred eighteen dollars ($80,618) for twenty-three (23) months and thirty thousand six hundred eighteen dollars ($30,618) for the final twenty-fourth (24) month. Without limiting its rights or remedies, CONSULTANT shall have the right to halt or terminate entirely its services until payment is received on past due invoices. g:ljm f/99agree/De)oitre#3 • • 5. PRIORITIES In the event there are any conflicts or inconsistencies between this AGREEMENT and CONSULTANT's proposal, the terms and provisions of the AGREEMENT shall govern. 6. EXTRA WORK In the event CITY requests additional services not included in Section 1 or changes in the scope of services described in Section l,and CONSULTANT agrees in writing to perform such 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. 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to monthly payments towards the total fee set forth herein in accordance with the payment schedule set forth in Section 4. B. Delivery of work product: A copy of every weekly progress report and'all deliverables set forth in this AGREEMENT 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; g:/jmf/99agree/DeEoitte#3 4 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. 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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Section I shall -be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or.until this AGREEMENT is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. g:/j m f/99agree/Deloitte#3 r1 LJ • 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all weekly progress reports and all deliverables set forth in this AGREEMENT, shall be turned over to CITY upon termination of this AGREEMENT or upon PROJECT completion, whichever shall occur first. 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. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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's liability under this Section 9 is capped at a maximum of six millions dollars ($6,000,000). 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. g:/jmf/99agree/De1oiUe#3 6 CONSULTANT shall maintain workers' compensation insurance in an amount not less than the State statutory requirements. 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 commercial general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy 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. Said policy shall include CITY, its agents, its officers, employees and volunteers 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. g:/jm fl99agree/Deloitte#3 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain 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 CONSULTANT's start 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. 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; said 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 g:/jmf/99agree/De1oitte#3 8 r-i �J E 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. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. 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. 15. 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, by giving written notice to CONSULTANT not less than thirty (30) days before the effective date of termination. If CITY g:/j m f/99agree/Delo itte#3 exercises its option to terminate this AGREEMENT, CITY will not be responsible for payment of fees or costs incurred by CONSULTANT after CONSULTANT's receipt of the notice of termination, and, in any event, the total amount owed to CONSULTANT shall not exceed that month's payment. Any termination of this AGREEMENT by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 16. 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 prior written consent of CITY. If CONSULTANT desires to use. subcontractors to provide specific services requested by CITY that fall within the scope of this AGREEMENT, these subcontractors shall submit, through CONSULTANT, a billing rate schedule and proof of insurance as required by this AGREEMENT. CITY maintains the sole and exclusive right to review and approve, or decline, the use of any subcontractor. 17. 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, except as provided as follows: A. CONSULTANT Technology. CONSULTANT has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; (including, without limitation, models; templates; the generalized features of the. structure, sequence and organization of software; use interfaces and screen designs; general purpose consulting and g:/jmf/99agree/De1oitte#3 10 software tools, utilities and routines; and logic, coherence and methods of operation of systems) (collectively, "CONSULTANT Technology). B. Ownership of Deliverables. Except as provided below, upon full and final payment to CONSULTANT hereunder, the tangible items specified as deliverables or work product in the proposal, engagement letter or contract to which these items are attached ("Deliverables") will become the property of CITY. To the extent that any CONSULTANT Technology is contained in any of the Deliverables, CONSULTANT hereby grants CITY, upon full and final payment to CONSULTANT hereunder, a royalty -free, fully paid -up, worldwide, non-exclusive license to use such CONSULTANT Technology in connection with the Deliverables. C. Ownership of CONSULTANT Property. To the extent that CONSULTANT utilizes any of its property (including, without limitation, the CONSULTANT Technology or any hardware or software of CONSULTANT) in connection with the performance of services hereunder, such property shall remain the property of CONSULTANT and, except for the license expressly granted in subsection B above, CITY shall acquire no right or interest in such property. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that (a) CONSULTANT will own all right, title, and interest, including without limitation, all rights under all copyright, patent and other intellectual property laws, in and to the CONSULTANT Technology and (b) CONSULTANT may employ, modify, disclose, and otherwise exploit the CONSULTANT Technology (including, without limitation, providing services or creating programming or materials for other clients). CONSULTANT does not agree to any terms that may be construed as precluding or limiting in any way its right to (a) provide consulting or other services of any kind or nature whatsoever to any person or entity as g:/jmf/99agree/De1oitte#3 1 I CONSULTANT in its sole discretion deems appropriate or (b) develop for itself, or for others, materials that are competitive with those produced as a result of the services provided hereunder, irrespective of their similarity to the Deliverables. 18. 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., 19. NOTICES Any notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to the office of CONSULTANT's agent (as designated in Section 1 hereinabove) or to office of CITY's Fire Chief as the situation shall warrant, or by enclosing the same in a sealed envelope, and delivering by overnight carrier,or by United States certified mail, return receipt requested, addressed as follows, and shall be effective upon receipt: TO CITY: Michael Dolder Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 20. IMMIGRATION TO CONSULTANT: Tim Province, Partner Deloitte & Touche, LLP 695 Town Center Drive Costa Mesa, CA 92626 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. g:/jmf/99agree/De1oitte#3 12 21. 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. 22. 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. 23. FORCE MAJEURE CONSULTANT shall not be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. 24. GOVERNING LAW AND SEVERABILITY The construction and interpretation of this AGREEMENT shall be governed by, and construed in accordance with, the laws of the State of California (without giving effect to the choice of law principles thereof). If any provision of these terms is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein. g:/jmf/99agree/De1oine#3 13 25. ENTIRETY The foregoing, and Exhibits "A" and "B" 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. DELOITTE & TOUCHE, LLP, a limited liability partnership By: _..—_ print ITS: (circle one General Partne anaging Partner REVIEWED AND APPROVED: Ci dministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City -Clerk to _, y _ APPROVED) AS TO FORM: 'WC ity Attorney op 10/:71� INITIATED AND APPROVED: Y&qaL21 Ij Fire Chief g:/jmf/99agree/De1oitte#3 14 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DELOITTE AND TOUCHE, LLP FOR .1DEDWARDS ENTERPRISE SOFTWARE APPLICATION AND IMPLEMENTATION Table of Contents 1 Work Statement.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Time of Performance...............................................................................................3 4 Compensation..........................................................................................................3 5 Priorities.......................................................................................4 6 Extra Work...............................................................................................................4 7 Method of Payment..................................................................................................4 8 Disposition of Plans, Estimates and Other Documents...........................................6 9 Hold Harmless.........................................................................................................6 10 Workers' Compensation Insurance..........................................................................6 11 General Liability Insurance............................................................. .....................7 12 Professional Liability Insurance..............................................................................8 13 Certificates of Insurance..........................................................................................8 14 Independent Contractor............................................................................................9 15 Termination of Agreement.......................................................................................9 16 Assignment and Subcontracting..............................................................................10 17 Copyrights/Patents...................................................................................................10 18 City Employees and Officials..................................................................................12 19 Notices.....................................................................................................................12 20 Immigration..............................................................................................................12 21 Legal Services Subcontracting Prohibited...............................................................13 22 Attorney's Fees.........................................................................................................13 23 Force Majeure..........................................................................................................13 24 Governing Law and Severability..........................................................13 25 Entirety......................................................................................:14 EXHIBIT A Exhibit A — Scope of Services & Deliverables Application Suites (Modules) scope Out, of Scope ` • Foundation • Foundation Address book Development tool set Data dictionary Documentation system Report Writing i EDI Security Officer Menu manager • Financial suite Financial suite General ledger Cash basis accounting Accounts receivable Time accounting Accounts payable Multi -currency processing Financial Modeling and Budgeting Fixed assets Phase 2 • Logistics/Distribution Log isticsldistribution suite suite Bulk stock management Procurement Service Orders Inventory (Phase 2) Work Order Management (Phase 2)* Activity Based Costing Phase 2 • Human Resources I • • Payroll i • • Job Costing Phase 2)* • • Fleet Management Prase 2 • Property Management • Phase 2 • Customer Service • Management Phase 2 • Facility Management • (Phase2)** • Utility Billing (Phase 3) � * Applications used for grant management solution *" D&T will provide project oversight only Implementation Approach Standard Solutions Express Standard Path is characterized by: • Improvement 1 redesign of key business processes • Some change leadership facilitation • Some end user training 1 knowledge transfer Assumptions: Business Process Improvements to be implemented under Intensive: 1) Procure to Pay 2) Budgeting 3) Timekeeping 1 Payroll ee Facilitation of Data Conversion and Interfaces: D&T will aid the City of Huntington Beach in the scoping, visioning, and design of data conversion and interfaces. Testing and execution of data conversion and interfaces will be performed by City resources. Data conversion items to be performed are: 1) Actual GIL balances for 2 years (98/99) 2) Budget GIL balances for 2 years (98/99) 3) Active Customers for the last 2 years 4) Active Vendors for the last 2 years Interfaces to be performed are: 1) Cash Receipts 2) Timekeeping 3) Check printing Phase 1 Key Key Tasks Activities Standard Scoping (Define Project) Confirm project scope, deliverables, approach and 1 • workplan Establish core team and • Steering_Committee Confirm roles and participation requirements of Steering Committee, external project team and WDS resources Finalize project management procedures Develop detailed project Training Plans Maintain Project Plan and Communication Plan Maintain Project Files and Communication Develop deliverable sign - off procedures Identify risks and contingencies Define CNC workplan Confirm deployment and j replication of hardware and j software , Finalize change management strategy Maintain Risk & + Contingency Tracking Maintain Project Issues & I f Project Change = Lead Deloitte & Touche C= Joint Task 0 = Lead Huntington Beach Mana ement Confirm overall data i conversion approach Develop a Data Conversion Plan + Identify & Confirm Overall Data Conversion Tools Define Key Business + Process Im rovements2 ' Confirm overall interface approach Develop an Interface Plan Understand technology infrastructure Develop End User Training and Performance Support Strategy 2 Key Business Process Improvements. All key process improvements identified below will be performed under Intensive. Under Standard, 1)- 3) will be performed. 1`o business process improvements will be done for Rapid. 1) Procure to Pay 2) Budgeting 3) TimekeepingiPayroll 4) New Employee Recruiting 5) HR Benefit Administration b) A/R Billing Visioning and Key Tasks Standard Targeting Definition ■ Execute Team Complete training of all Manager 1 Lead Team Managers and + Training Leads prior to Visioning Sessions ■ Conduct Process Identify Critical To -Be Processes Modeling usin SolutionsPrints I Define Level 3 To -Be Process model(using SolutionsPrints Identify key information requirements ■ Define Data & Application Define application C requirements Requirements Develop To -Be data I conversion approach I Develop To -Be integration approach and requirements Conduct vision/application gap analysis Identify significant process improvements which can + be rolled out prior to JDE f go -live • Define Control Define system security and Requirements audit controls Define system reliability and continuity controls • Define Technical Confirm technical 07 Requirements integration requirements Define technical development standards Study input files and export O i targets, data_mapping Define integration points 0 for third -party modules and standalone modules Design Key Tasks Standard ■ Define post - implementation sign -off criteria ■ Prepare for i Install Conference Room Conference Room . Pilot environment Pilot CRP Develop test scripts • Perform CRP Configure package to the extent required to conduct CRP Perform test scenarios described in the CRP scripts Document CRP results Check actual results against expected results Document and resolve any discre ancies Refine system configuration and re - perform tests Identify and resolve issues I arisinq from CRP ■ Develop Review "To -Be" Business Configuration I Process Model and I Documentation I completed CRP Scripts 3 Test scripts will be the basis of our CRP sign -off. Test scripts to be developed for each type of implementation are: 1) Intensive & Standard: Scripts include designed process improvements 2) Rapid: Standard D&T test scripts for a Rapid implementation will be utilized. Prepare a consolidated configuration document I I which includes: - Option and parameters that must be selected I i - How each user I i requirement will be i supported j - How each user i transaction will be supported i - The scope and function of custom development efforts - All data conversion processes - Analysis of organization impacts and implementation considerations - Design of all output, input, interfaces, on-line help, security, control requirements Obtain formal sign -off from the Project Steering Committee before commencingnext phase Data mapping of input and target ME files i Install and configure j deployment and enterprise f server ■ Design Conversion a Programs ■ Design Interface 5 Programs Data Conversion to be included in each implementation are: Intensive: G/L balances for 98i99 year, active customers for the last 2 years, active vendors for the last 2 years, open invoices and PO's at year-end 2000 Standard: G L balances for 98199 year, active customers for the last 2 years, active vendors for the last 2 years 5 Interfaces to be included in each implementation are: Intensive: Cash Receipts, Timekeeping, Check printing, Invoice printings, PERS, and 1 user defined. Standard: Cash Receipts, Timekeeping, and Check printing. Construction Key Tasks Standard ■ Execute Core Complete training of all I i Team Training I Core Team Members prior to CRP ■ Configure I Install CRP environment Applications CNC task Configure applications - Copy best available "base" configuration into JDE - Set up the options, parameters and tables - Set up or modify inquiry screens and reports • Implement Provide for necessary audit Assurance trails and archiving O Controls and Procedures Design and implement O user -group rivile es Install the defined O procedures and controls for data integrity Develop data resource gatekeeper/custodians' Q roles and res onsibilities Develop general information resource Q management procedures ! and controls Refine system O configuration and re - perform test ■ Test Configured I Review and revise test i Application I scripts Identify the business requirements to be tested Prepare sample data and ex ected results Develop procedures for recording test results and logging and resolving 6 Configure applications for each type of implementation are defined as follows: Intensive & Standard: D&T role will be primarily supervisory while City employee keystrokes at a workstation Rapid: D&T role will be to key in the configuration set-up. While City employees are not guaranteed knowledge transfer issues Allocate scripts to members of the testing team Prepare and load data in accordance with identified requirements Perform test scenarios C described in the 1 configuration test scripts Document test results Resolve issues and re - perform tests as appropriate Document any changes to the system configuration ■ Develop Data Program coding for Conversion 3 conversions Program S ■ Develop Application Program coding for 1 interfaces Interfaces a j Implementation (resting and Key Tasks Standard Delivery) a Conduct Install Environment with Integration & final setup 41 Acceptance Testing Develop Integration Test Scripts 4C Develop Acceptance Test 41 Scripts Perform Integration Testing Perform Acceptance Testing Perform Tuning/CNC ■ Convert Data Convert data in accordance with the agreed approach Populate the system with any new data elements Carry out conversion validation procedures Document the validation O process Ensure data integrity O between legacy and new s stems Obtain acceptance that O data has been successfully converted ■ Develop Cut -Over Identify and assemble cut - Plan over team Review package and technical support requirements I Assign roles and responsibilities j Identify required forms and statione Develop cut -over checklist j Define issue resolution i process Review and refine the risk 0 assessment and I • 0 contin ncy plans Define operational policies 41 and interim procedures Assemble and publish cut - over plan • Complete Create Design books and Production Setup layout program s ecifications Obtain Go -Live Signoff • Conduct Rollout Install production environment I Initiate and monitor o erations Assist users in operation of I package and redesigned business processes + Resolve problems and stabilize operations Develop a backup strategy • • Post Implementation Assessment, Support, and Key Tasks Standard Knowledge Transfer ■ Post Go -Live Backup plan assessment Assessment Post go -live CNC assessment System application security O and controls assessment System hardware O administration strategy assessment ■ Post Go -Live Application post go -live I0 1 Support + support and knowledge transfer Phase / Key Activities Deliverables I Standard I I Phase 9- Scoping and Planning Project Charter Project Work tan Project Roles Definition and Participant Commitment ✓ Project Management Standards and Reporting Procedures ✓ ! Risks and Contingencies I ✓ Document Communication Plan Training Strategy Technical Architecture Plan/ CNC ✓ Data Conversion Strategy and Work Ian Systems Integration/ Interface Strategy and Work Ian ✓ + Scope Statement I Change Control Process Process Budget I Phase 2- Visioning and Targeting Definition Update Scope Statement Revised Project Budget Change Requests Revised Project Plan Status Reports Workplan Updates To -Be Business Model Application Requirements + Data and System Control ✓ �,j Requirements Technology Requirements Integration Requirements I � Phase 3- 1 Training Schedule I Redesign ✓ CRP Environment CRP Scripts Configured CRP Applications Consolidated Configuration Design Document ✓ Phase-4 Construction Completed CRP Scripts ✓ Logged Results, Issues, and Agreed Resolutions ✓ Updated Package Configuration Documentation 1 Configured Package Installed Configuration Environment ! Interface Development 1 I Data Conversion 1 I Phase 5- Testing and DeliveryResults Integration & Acceptance Test ✓ Installed Testing Environment Integration Test Scripts I Completed Acceptance Test 1 Scripts Logged Results, Issues, and Agreed Resolutions 1 ✓ Client Acceptance of System Converted Data Developed and Tested Data ✓ { 1 Conversion Programs Trained Client Staff + Final Documentation for Applications and Technical I ✓ Environment Final Documentation of j Procedures and Controls ✓ (1) Live System Implemented Interfaces and Modifications ✓ �� ) Training Materials Roll -Out Cut -Over Plan Log of Problems & Resolutions (1) Limited in Scope • • EXHIBIT B Exhibit B - Project Resources Spread Sheet (Standard Implementation Approach) i t q 't 1 t P i111 lIt Rill itll fti ill Rill t�(� 1.E1 tit Rill ttit Rill- fit f fitt 11iiE� Mll! 111pol ttff,rit 11e11{ { ee i seep e� ��e ei[ ;ie it 1! ii���; ; tY��Q lt1 e r t t 1166 Rai ii W Rai Rai Rai Rai 11666 1liiiia A1i11 �tI I to lit Ill of I m m is I I I I I I I I I I I I I I I 11...., 19.19 �—r E C I" ft a aMM al• •' CCC L • Ce• wMwC a Ciei.0 to a Cl n cl lIctil 4 , . t ..I.... .I ...I.... ,L .. eI. tMM tL • MMM d• at, «C4Y' � ullc t C Cl 01 .I....I...i.... .I ... .I.... .I.... 11, eMM d'tfMMM el - fe' MMMM d r• etc =E cE .c Illtfe .I, ...L ..I.... ....L ....L ... fI• eau ,I. agile tI' ae' aaaa pI r- etc a � G �Y r t t6 •I• •I• •I• •I •I• •I• tI YYY II. 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I ............... 1 tE gig .................... ..................... �.....�.... �........... �........ .... . fi ..... ... p �.. g.g.. g.g.. ............I........ g ..... g.g... g..,g.g.,.g.g ........................... g 1 11 • 1 i • • ii MA RR Q j q1I 111 qj Rili [ail R«(l M1 It I` Hil 1110 "I Rill [�[E RRia,l Hif i1 RR141FJ! Mlit11 fill if 1$1� �[ill fQ� 'i Pi lit i� to � ilif Fill i �i��� � e MT- RRaa Rai as Rai Rai Raa Rai Rai R R a a a RRaaaaa PRa,R fl� ��A Ai 9ii m m Igo m Jim 1$111io f0ia f� gg := as Yp as : M r A A A ge g a F . •.... ..... .... ....... a • i P� INSURANCE • • AON October 1, 1999 BY COURIER / FACSIMILE CONFIDENTIAL City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Chief Michael Dolder Dear Sir: PROFESSIONAL INDEMNITY INSURANCE RE: VERIFICATION OF INSURANCE City of Huntington Beach Aon Global Professional Services In accordance with instructions received, we have pleasure in enclosing the Verification as requested. We trust you will find the enclosed to be in order. Yours sincerely, 1 _ ' Gail Inniss Senior Account Representative Enclosure cc: Suzette Curtin, Deloitte & Touche LLP - Wilton, Connecticut cc: Carl R. Kikerpill, Deloitte & Touche LLP — Costa Mesa, California F:'%D]T-.CORK`-.VOFT-.99-00voi ,99-OOdtv i4D.doc. l Alinet In,% 1801 McGil! College Ave. • Suire -00 • Montreal, Que., Canada H3A 2N4 • tel: (514) 288-22 3 • tax: (514j 982-5175 AONAon Global Professional Services VERIFICATION OF INSURANCE We, the undersigned Insurance Brokers, hereby verify that ZC Specialty Insurance Company has issued the following described insurance which is in force as of the date hereof: - PROFESSIONAL INDEMNITY INSURANCE NAME OF ASSURED: DELOITTE & TOUCHE LLP (U.S.A.) and others as more fully described in the Policy. POLICY NO. ZS 97MIN-P100002 LIMIT: CANCELLATION: INSURER ZC Specialty Insurance Company US$1,000,000 (an annual aggregate) PERIOD 12:01 a.m. June 1 st, 1999 to 12:01 a.m. June 1st, 2000 This policy is non -cancellable during the period shown. SUBJECT TO THE TERMS, CONDITIONS, EXCLUSIONS AND LIMITATIONS OF THE POLICY. This document is furnished as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional Assured, nor does it modify in any manner the contract of insurance between the Assured and the Insurer. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. i;° -i-" ED A6 TO F-vR14: GAIL, :IUT"i':.'i , City Attorney By:: D.I Cit-y Attorney ISSUED TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ISSUED AT: Montreal, Quebec Per V� DATE: October 1, 1999 Divisional Director 1801 McGill College Ave.. Suire 700 • _'lfonrreal, Que.. Canada E13A 2N • tel: i51-0 288-22-3 -tax: (514) 982-51. 5 E:➢TT':CORK..VOFP:99-00voi 99-00divid0.doc OCT-05-1999 15:33 ACORD CERTIM., A- 0 C7�f :: L�At3tL PRODUCER Serial # 607206 Aon Rj$k Services Inc Of NY Two World Trade Center New York, NY 1 OW 212-" 1-1000 INSURED DELOITTE & TOUCHE USA LLP TEN WESTPORT ROAD WILTON, CT 06897-0820 P.02/03 E f`i"�`��1� U \iiG• 09/28/99 ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- cornPaNir TRANSPORTATION INSURANCE CO A — COMPANY CONTINENTAL CASUALTY CO. - E COprpwNY TRANSCONTINENTAL INS. CO. C COMPANY Q `OVERAGES THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TkE 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ............. --- CO POLICY EFFECTIVE POLICY EXPIRATION' I LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMJDWM DAYE (MIIpODIYY) LAUTS GENERAL. LIABILITY GENERAL AGGREGATE S l.UVV,UUU A X CCMMERCIALGENERAL LWBILITr GL189168152 6101/99 G101/00 PRODUCT$.COMPlOPAGG i — 2,06D.066 j CLJtiIM&IAAOE iC- OCCUR PERSONALS wvINJURY 5 1,OQD,000 A X CWNER'S &CONTRACTOR'S PROT EACHOCCU--RRENCE--- — S 1,000,000 , FIRE DAMAGP (Arty one fife) -S 1.00Q,a00 ' MED EXP (Any ww Perw) i r+V r Vmaav,rG yMq�r r r B ' x ANY AUTO ALL OWNED AUTOS SCHEOULEDAUTOS HIRED AUTOS MON•OWNED AUTOS BUA189158183 6101199 6101100 COMBINED SINGLE LIMIT S 1,000.000 _ BUA189158202 TX 6101199 6101100 P-aerslmlUpY� s 1 : EODILY INAIRY� 5 - PHYSICAL DAMAGE (PerepGiden) $5W (COMMOLL) DIEDU ; PROPERTY DAMAGE GARAGE LIABILITY APPROVED A6 i Ur ter ' ;AUTO ONLY - EA ACCIDENT S --- ANY AUTO GAIL HUTTON r City Attorney OTHER THAN AUT 0 ONLY: M City Attorney By.;} Dep tY EACHACCIDENT S - -- --". AGGREGATE S --�---.. EXCESS LUlBIuTY EACH OCCURRENCE S UMBRELLA FORM 1 10/�AGGREGATE S rr OTHER TWAN UMBRELLA FORM - -— ---`---�. S wORKEITS COMPENSATION AND X rp{My, IMITS Ere (�+ EMPLOYERS, LIABILITY WC1891558185 6/01M 6101100 EL EACH ACCIDENT - — ' 3 1,QD0,000 "411 u INCL EL DISEASE • POLICY LIMIT 5 1,000,000 OFMCEas #,RE: X Exc4 EL D18EA$E -EA EMPLOvEE 5 1,ODO,000 OTHER The City of Hunti.n3ton Beach, its officers and employees are included as additional insureds as their interests may appear. in 'r WN • :7.z�';•,:� .f;,sr• ,:krq .:ti • :r.. �.,c:::.ti4- .- .�a...:wc... .. a. .�I�i...'+a'ti `'_. SHOULD ANY OF THE ABOVE DESCRffiED POLICIES EM CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 15SUINO COMPANY 93MMINUM TO MALL City of'Huntington Beach 30 DAYS wR17TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, r 38163200 ACOW25-S JI ) :.TIM .. V,.. .° OCT-05-1999 15:33 • • P.03/03 POLICY NUMBER: GL 1 89158152 COMMERCIAL GENERAL LIABILITY ENDT. NO. 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE OBLIGATED TO PROVIDE GENERAL LIABILITY INStMANCE- BY A WRITTEN CONTRACT OR AGREEMENT. (If no entry appears above. information recuired to compiete mis encorsernent vili oe shown in the Declar t:onf as applicable to th s endorsement WHO IS AN INSURED (Section II) s amended to include as an insured the persc^ cr orgarizat on si o..%- :-. -ne Schedule. but only with respect to liability arising out of "your work'' for that m5ured by or for you. OUR LIMIT OF LIABILIT'Y.FOR THE.ADDITIONAL INSURED WILL NOT EXCEED THE LIMITS OF LIABILITY OF THIS POLICY OR THE LIMITS OF LIABILITY REQUIRED BY THE WRITTEN CONTRACT OR AGREEMENT, WHICHEVER IS LESS. THE INCLUSION OF MORE THAN ONE INSURED IN THIS POLICY WILL NOT OPERATE TO INCREASE OUR LIMIT OF LIABILITY. CG 20 10 11 E=, ;,c;;y-rg;,.. in,surarce Ser'.:es O� _ . TOTAL P.03