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HomeMy WebLinkAboutEnterprise Technologies - 2014-07-29AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENTERPRISE TECHNOLOGIES SERVICES, LLC FOR PROPERTY MANAGEMENT OPERATION INTO JDE ENTERPRISE ONE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ENTERPRISE TECHNOLOGIES SERVICES, LLC, a Delaware corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated August 12,2014, entitled "Professional Services Contract Between the City of Huntington Beach and Enterprise Technologies Services, LLC for Property Management Operation Into JDE Enterprise One," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant are parties to Amendment No. 1 to the Original Agreement, dated December 7, 2015; and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant, to extend the term of the Original Agreement, and the additional compensation to be paid in consideration thereof by City to Consultant. NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including the creation of custom forms and reports for the REM software. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a total sum not to exceed Ninety-five Thousand, Six Hundred Dollars ($95,600.00), which is an increase of Forty-nine Thousand Two Hundred Dollars over the original not to exceed amount. ADDITIONAL TIME The term of the Original Agreement is extended to September 30, 2018. RLS 7/12/16/16-5353/140251/DO 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. CONSULTANT, ENTERPRISE TECHNOLOGY SERVICES, LLC, a Delaware corporation By: A/etacl 21yYi9s�i4�ta print name ITS: (circle one) Chairm reside t4Vice President print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer RLS 7/12/16/16-5353/140251/DO 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPROVED: Deputy Directorl f the Office of Business Development APPROVED ASS FORM: �Mo City Attorney Nclo Z 12ot \to IYVV RECEIVE AND FILE: 7� City Clerk, Date EXHIBIT 1 Additional Services - Amendment No. 2 Description FY 15-16 FY 16-17 FY 17-18 Total REM - Create Custom Past Due Notices $ 3,200.00 $ 3,200.00 REM Net Sales Reports (Mo. / YTD) $ 2,560.00 $ 2,560.00 Past Due Sales Report Analysis $ 2,560.00 $ 2,560.00 REM Delinquency Policy Setup $ 3,840.00 $ 3,840.00 REM Statement Generation / Statement Report Creation $ 3,840.00 $ 3,840.00 REM Escalations (CPI Incr.) for Non OVE Customers $ 3,840.00 $ 3,840.00 Tech. Support & Other Forms /Reports Requested by Office of Bus. Dev - $ 160.00 $ 19,200.00 $ 10,000.00 $ 29,360.00 $ 20,000.00 $ 19,200.00 $ 10,000.00 $ 49,200.00 NTING�CITY • k.: H4 ; ; i ° 6T ,, .N r .K 1 O i !BEACH Off"7 1,sPn� Professional Service Approval Form 9yc`'4O�T�P` Amendment # _ 1. Date Requested: April 11, 2016 2. Contract Number to be Amended: 3. Department: Economic Development 4. Requested By: Kellee Fritzal REGEi'tsED APR 29 7 2016 Finance Departmen 5. Name of Consultant: Mario Alvarado, Enterprise Technology 6. Amount of Original/Prior Contract: $30,000 (Amendment No. 1 added $16,400) 7. Additional Compensation Requested: $49,200 8. Original Commencement Date: 8/12/2014 9. Original Termination Date: 9/30/2017 10. Extended Date Requested: 9/30/2018 11. Reason for Contract Amendment: The Office of Business Development (OBD) initially joined the Finance Dept, in their efforts to extend their contract with Enterprise Technology for JED services; however, it was suggested that a second amendment be executed for OBD's REM portion of the contract. The original contract was in the amount of $30,000; Amendment No. 1 increased the original contract by $16,400 (not to exceed $46,400) for support services for the newly implemented REM program. The requested Amendment No. 2 is to creaste custom forms and reports. Amendment No. 2 is to increase the contract by $49,300 (not to exceed $95,600) and extend the contract date to 9/30/2018. i-- Purchasind'A roval Sipnatu 12. Are sufficiecrffunds available to fund this contract? 1'1 Ri icinacc 1 Init anri 0himrrt C.nria \nihara fi inris Ara hurinatPri- sb S /rs- Date Yes ❑ No ❑ Account number Contractual Dollar Amount Business unit. object # Fiscal Year 2015/16 Fiscal Year 2016/2017 Fiscal Year 2017/18 Fiscal Year 10080501.69300 $17.500 $14000 $7500 $ tl0080510.69505 $2500 $2500 $2500 $ 10080101.69300 $ $2700 $ $ 67 Budget Approval Signature Date amendment no. 2 ent tech.doc REV: February 2015 Tf CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To. /JOAN FLYNN, City Clerk Name of Contractor: Enterprise Technologies Purpose of Contract: Property Management Operation into JDE Amount of Contract: $$16,400 Copy of contract distributed to The original insurance certificate/waiver distributed to Risk Management Initiating Dept Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: 12/14/15 /t) �/2- ,9/2-01�1 G AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENTERPRISE TECHNOLOGIES SERVICES, LLC FOR PROPERTY MANAGEMENT OPERATION INTO JDE ENTERPRISE ONE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ENTERPRISE TECHNOLOGIES SERVICES, LLC, a Delaware corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated August 12,2014, entitled "Professional Services Contract Between the City of Huntington Beach and Enterprise Technologies Services, LLC for Property Management Operation Into JDE Enterprise One," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant, and the additional compensation to be paid in consideration thereof by City to Consultant. NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including support services for the newly installed REM module. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum of Sixteen Thousand Four Hundred Dollars ($16,400.00) for a total sum not to exceed Forty-six Thousand, Four Hundred Dollars ($46,400.00). 3 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect 15-5015/129244 CONSULTANT, ENTERPRISE TECHNOLOGIES SERVICES, LLC, a Delaware corporation COMPANY NAME 4,1 j (I r By: a 2- M A-kj o ALVW-Ab-o print name ITS: (circle one) Chairm residen ice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary — Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California U.veA A \)omej,, Director/Chief (Pursuant To HBMC §3 03 100) APPROVED AS TO FORM: City Attorney 1z (1-1 31 t S' V-711 � 15-5015/129244 CITY OF HUNTINGTON BEACH Professional Service Approval Form • Amendment # 1 1 Date Requested 7/7/2015 2 Contract Number to be Amended Enterprise Technology 3 Department City Manager 4 Requested By Kellee Fritzal 5 Name of Consultant Mario Alvarado 6 Amount of Original/Prior Contract $30,000 7 Additional Compensation Requested $16,400 8 Original Commencement Date 8/12/2014 9 Original Termination Date 9/30/20191 e — iZ ^ Z� 1 10 Extended Date Requested _ RECEIVED JUL 0 9 2015 Finance Department 11 Reason for Contract Amendment The REM has been implemented, however, approximately 100 hours of support will be required for the newly installed REM module Purch rig AlJfpr ►gnature Date 12 Are sufficient funds available to fund this contracts Yes ® No ❑ 1 •2 O, —n— I Ini+ �nrl rlhlcrf rnrlG %A/hanm fi InrIC 9ra hi AnAtar'► Account number Contractual Dollar Amount Business unit object # Fiscal Year 2014/15 Fiscal Year 2015/16 Fiscal Year Fiscal Year 10080501 69365 $4800 $11600 $ $ $ $ $ $ $ $ $ $ ft", Budget Approval Signature rippl uvai vgjl la%ul c 7/7//� Date Date professional service approval form - amendment doc REV February 2015 ---, ® AC R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 5/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER patriot Risk & Insurance Services 100 Spectrum Center Drive, Suite #400 Irvine, CA 92618 www patrisk com OG55454 NAMEACT PHONE949 486-7900 n/C No 949 486-7950 E-MAIL ADDRESS INSURERS AFFORDING COVERAGE NAIC # INSURER A Valley Fore Insurance Company 20508 INSURED Enterprise Technology Services, LLC 333 City Blvd West, Suite 1700 Orange CA 92868 INSURER B Continental Casualty Company 20443 INSURER C Hartford insurance Company of the Midwest 37478 INSURER D INSURER E INSURER F v THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER POLICPOLICY MMIDOY/YYYY MM/DOIYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR �/ B4018069518 2/26/2015 2/26/2016 EACH OCCURRENCE $ 2,000,000 PREMISES (Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 ✓ PRO- O- LOC POLICY ❑ OTHER A AUTOMOBILE LIABILITY B4018069518 2/26/2015 2/26/2016 COEaMBINED accidentSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE Per accident $ B ✓ UMBRELLA LIAR EXCESSLIAB �/ OCCUR CLAIMS -MADE B4018070944 2/26/2015 2/26/2016 EACH OCCURRENCE7 $ 1,000,000 AGGREGATE $ 1,000,000 DED I ✓ I RETENTION$10,000 $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE 72WECGI5627 4/6/2015 4/6/2016 �/ STAT 7E ERH EL EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYE $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N / A E L DISEASE - POLICY LIMIT $ 1,000,0 If yes describe under DESCRIPTION OF OPERATIONS below A Errors & Omissions (E&O) B4018069518 2/26/2015 2/26/2016 Limit $1,000,000 / Deductible $2,500 Retro Date 2/6/2010 OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re Operations usual to the named insured City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insured as respects to General Liability per endorsements attached where required by written contract 30 days notice of cancellation, 10 days for non-payment of premium APPROVED AS TO FORM L. O rt t:tK I II-IL;A I t MULL1CK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach By: � � �'�` TION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Jim Slobo)an Michael Gates, City Attar e�ACCORDANCE WITH THE POLICY PROVISIONS 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE N{' i Leonard E Zimir lJ 170V-LV IY NIIVRV VVRI v.v�..v.• .-... ..W..... .���. .. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 24813615 1 15/16 GL/AD/OMB/WC/E&O I Annette Romero 1 5/26/2015 12 43 25 PM (PDT) I Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates FreO- To: B CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE JOAN FLYNN, City Clerk Name of Contractor: Enterprise Technologies Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Move Property Management Operations into JDE Enterprise One ERP Amount of Contract: $30,000 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. H to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: 9/18/14 Name/Extension City Attorney's Office 7�Z9��L ,10 G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENTERPRISE TECHNOLOGIES SERVICES LLC FOR PROPERTY MANAGEMENT OPERATION INTO JDE ENTERPRISE ONE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ENTERPRISE TECHNOLOGIES SERVICES LLC, a Delaware Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to move property management operations into JDE Enterprise One; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Mario Alvarado who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to $49 10/12 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 29 , 2014 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 9/30/2015 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed thirty thousand Dollars ($30,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agree/surfnet/professional svcs to $49 10/12 2 of 11 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svcs to $49 10/12 3of11 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professionalsvcs to $49 10/12 4 of 11 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/profess ion al sves to $49 10/12 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional svcs to $49 10/12 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Kellee Fritzal 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professional sves to $49 10/12 7 of 11 TO CONSULTANT: Enterprise Technologies Services, LLC Mario Alvarado 333 City Boulevard West, Suite 1700 Orange, CA 92868 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agree/surfnet/professional svcs to $49 10/12 8 of 11 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professional svcs to $49 10/12 9 of 11 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this agree/surfnet/professional sves to $49 10/12 10 of 11 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, J7` 6P,PPiSE �Cff�l��c�6 iC�S,LCC� COMPANY NAME By:_-C� ram` print name ITS: (circle one) Chair n/PresidentNice President print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/profession al svcs to $49 10/12 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California AA Director/Chief (Pursuant To HBMC §3.03.100) OVED AS TO FORM: Tn o City Attorney,\% 7,1� Date 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents Scopeof Services..................................................................................................... I CityStaff Assistance...............................................................................................2 Term; Time of Performance....................................................................................2 Compensation.......................................................................................................... 2 ExtraWork.............................................................................................................. 2 Methodof Payment................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 HoldHarmless......................................................................................................... 3 Professional Liability Insurance.............................................................................4 Certificate of Insurance........................................................................................... 5 IndependentContractor........................................................................................... 6 Terminationof Agreement......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents................................................................................................... 7 City Employees and Officials..................................................................................7 Notices......................................................................................... 7 Consent.................................................................................................................... 8 Modification............................................................................................................ 8 SectionHeadings..................................................................................................... 8 Interpretation of this Agreement.............................................................................. 8 DuplicateOriginal...................................................................................................9 Immigration.............................................................................................................. 9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees.........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories................................................................................................................10 Entirety.....................................................................................................................10 EffectiveDate................................................................................. I I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A ENTERPRISE i/&i;/4i Statement of Work Overview 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 The City of Huntington Beach currently manages the City's properties and leases manually using various Excel spreadsheets and manual invoicing processes. The City wishes to leverage it's existing investment in Oracle JD Edwards EnterpriseOne Financial Management, and extend EnterpriseOne to the management of the City's various properties and leases. Moving Property Management operations into the existing Oracle JD Edwards EnterpriseOne ERP will have many benefits for the City. By centralizing Cash Receiving and Billing operations the City will eliminate the need to maintain multiple manual systems, and will provide additional visibility and integrity into property management operations. Existing integrations within the Oracle JD Edwards will simplify Accounting operations for Revenues, Fees and Receivables. Also, the City will benefit from the robust reporting, Account Receivables Fee Assessment, Collections Processing, Statement Processing and potential Self -Service functionality within the Oracle JD Edwards. Property Management Implementation Enterprise Technologies will provide Implementation Consulting on licensed Oracle JD Edwards EnterpriseOne 9.1 Property Management software, and move existing Excel lessee and lease information data and functionality to Oracle JD Edwards EnterpriseOne. The following master data and functions will be implemented in JD Edwards for the City's Property Management users: 1. Property Management a. Master Files i. Address Book 1. Customers —Lessees —Approximately 80 customers ii. Property Management 1. Leases— Approximately 150 Leases iii. Supplemental Data —Associated to Lessees 1. To Be Determined b. Transactions i. Invoices — Rental and Fees ii. Payments iii. Deposits c. Inquiries i. Collections 1. Invoices 2. Payments 3. Customers — Lessees ii. Leases iii. Supplemental Data 1. To Be Determined d. Reporting i. Invoices ii. Statements iii. Expiring Leases C3i�,CLE° Gold 7 13 2014 Page 2 of 5 Partner g certified Specialist st y ENTERPRISE oi -- c i iv. Operational Reports — Defined in Workshops e. Go Live Support —1 week of Go Live Support Work Estimate: 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 % 4:: 2014 JDE Implementation - Huntington Beach Prop Management !Project Manager 20 3,500 Sr. Functional Consultant 128, 20,480 Developer 24: 3,120 r Technical CNC 8` 1,280 Total Direct Costs 18& 28,380 Expenses 1,500 Total Annual Project s 29,880 Rate, Terms and Consultant Assigned: Enterprise Technologies is prepared to offer a Fixed Cost bid for the Oracle JD Edwards EnterpriseOne Property Management Implementation. The fixed project cost for the 180 hours of work including expenses will be $29,880. Invoices will be presented as follows: 1. Initial Payment — 15t Progress Payment: An invoice for 20% of the project cost ($5,976) is required to begin the work. Work will begin when the payment is received. 2. The 25t progress payment of 20% of the project cost ($5,976) is due when the To -Be Design is complete and approved. 3. The 3' progress payment of 20% of the project cost ($5,976) is due when the functionality is available for CRP testing. 4. The 4th progress payment of 20% of the project cost ($5,976)is due when CRP testing is complete the functionality is accepted by the Harbor users. 5. The 5th and final progress payment of 20% of the project cost ($5,976) is due when the functionality has been approved by the users, delivered to the production environment, and the Go -Live support period has ended. Invoices are due and payable on receipt the invoice following the completion of the milestone. Mario Alvarado is the Project Manager and Senior Financials Consultant for this engagement, and will be performing the work. Other Enterprise Technologies consultant may engage the work to provide a better work Gold 7 13 2014 Page 3 of 5 Certified _... g Specialist Partner 333 City Boulevard West, Suite 1700 ENTERPRISE Orange, CA 92868 Phone: 714-368-9750 ` wtechnoiogies Fax: 714-368-9760 product for the City of Huntington Beach. The Statement of Work will be performed on the City of Huntington Beach site, remotely, or at a site of Enterprise Technologies' and the City's mutual discretion. Schedule and Start ®ate: Enterprise Technologies is available to engage the Statement of Work Monday, August 4"', 2014. The estimated duration of the project is 6 weeks. Enterprise Technologies Investment Enterprise Technologies will provide consultant(s) who are experienced and knowledgeable on the subject matter to perform the services. Enterprise Technologies will provide Client computer hardware for our Consultant(s). Enterprise Technologies has obtained all necessary licenses to perform the services, and warrants that the services and materials do not infringe any patents. Enterprise Technologies has sufficient insurance to cover its obligations hereunder, including Worker Compensation, General Liability insurance. City of Huntington Beach's Investment 1. Workspace: Please provide Testing facilities suitable for 1 consultant, with intemet access and access to conference facilities with a high definition projector for the duration of this engagement. Also, please provide a phone capable of dialing out of the building. 2. Human Capital: Please provide reasonable access to the Property Management department managers and users to test the functionality for the duration of the engagement. C )RACUE, Q Gold 7/13/2014 Page 4 of 5 Certified Spec ial7st Partner 6 ' ENTERPRISE �� _, technologies Next Steps 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 It is my hope that you find this proposal beneficial to the City of Huntington Beach. I look forward to the opportunity to work together to complete this project. If you wish to engage Enterprise Technologies for the above work, please: 1. Sign and return this SOW. Your signature will confirm your intent to engage Enterprise Technologies, as well as your acceptance of the Statement of Work and Terms defined in this proposal. By signing below, the City of Huntington Beach and Enterprise Technologies agree to the Statement of Work and the terms of this proposal, and Enterprise Technologies is authorized to perform the above described work. ENTERPRISE TECHNOLOGY SERVICES, LLC Lou ')i Principal / Consultant July 11, 2014 CITY OF HUNTINGTON BEACH By: Its: Date: Gold 7/13/2014 Page 5 of 5 Certified Specialist Partner EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) 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 approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been 1 Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) 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 approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B Ali " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 7/7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services 8105 Irvine Center Drive #400 Irvine, CA 92618 CONTACT NAME: PHONED t 949 486-7900 FAX No): 949 486-7950 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Valley Fore Insurance Company 20508 www.patrisk.com OG55454 INSURED Enterprise Technology Services, LLC 333 City Blvd. West, Suite 1700 INSURER B : Continental Casualty Company 20443 INSURER C: INSURER D: Orange CA 92868 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20817982 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE DDL SUBR POLICY NUMBER EFF MMIDDPOLICY/YYYY POLICY YY MMIDDI Y LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ B4018069518 2/26/2014 2/26/2015 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREM SES (Ea occu ence)$ 300,000 MED EXP (Any one person) $ 10,000 ;�L�;;�� O M AS TO PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✓ POLICY ❑ PRO- E] LOC OTHER: ,,�t�� °'r-' " " ^�V``�' Ci PRODUCTS - COMP/OP AGG $ 4,000+000 $ A AUTOMOBILE LIABILITY ✓ B4018 18 2/26/2014 2/26/2015 CEOMaBIINdEDtSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS ✓ AUTOS $ B �/ UMBRELLA LIAB �/ OCCUR B4018070944 2/26/2014 2/26/2015 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I ✓ I RETENTION$10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y I N ANY PROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Errors & Omissions (E&O) B4018069518 2/26/2014 2/26/2015 Limit: $1,000,000 / Deductible $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Operations usual to the named insured City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insured as respects to General Liability and Auto Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City Of Huntington Beach Y 9 Attn: Jim Slobojan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 F AUTHORIZED REPRESENTATIVE - Leonard E. Ziminsky ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 20817962 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 1 of, 6 This certificate cancels and supersedes ALL previously issued certificates. B4018069518 SB-146932-E CNA Enterprise Technology Services, LLC (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured —Your Work That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) CERT NO.: 20817982 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 2 of,6 This certificate cancels and supersedes ALL previously issued certificates. due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-146932-E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to lease that land; or SB-146932-E Page 2 of 5 (Ed. 06/11) CER7 NO.: 20B17982 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 3 of, 6 T11 2.s certificate cancels and supersedes ALL previously issued certificates. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY— DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E (Ed. 06/11) Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. SB-146932-E Page 3 of 5 (Ed. 06/11) CERT No.: 20817p82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 4 of6 This certificate cancels and supersedes ALL previously issued certificates. CNA Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; S B-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer' or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: SB-146932-E Page 4 of 5 (Ed. 0 6/11 ) CERT NO.: 20817982 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 5 of, 6 This certificate cancels and supersedes ALL previously issued certificates. (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. SB-146932-E (Ed. 06/11) CERT NO.: 20817282 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 6 0£6 This certificate cancels and supersedes ALL previously issued certificates. Page 5 of 5 CITY OF OCEANSIDE PROFESSIONAL SERVICES AGREEMENT PROJECT: Oracle and Public Safety Applications Support and Services THIS AGREEMENT, dated May 27, 2013 for identification purposes, is made and entered into by and between the CITY OF OCEANSIDE, a municipal corporation, with offices located at 300 North Coast Highway, Oceanside, CA 92054 hereinafter designated as "CITY", and ENTERPRISE TECHNOLOGY SERVICES; LLC d.b.a. ENTERPRISE TECHNOLOGIES, organized and existing as a Limited Liability Corporation under the laws of the State of Delaware, qualified to do business in the State of California, and having a principal place of business at 333 City Boulevard West, Suite 1700, Orange, CA 92858 hereinafter designated as "CONSULTANT." CONSULTANT is a Limited Liability Company consisting of a consortium of contractually bound consultants who provide Public Safety technical support and functional, technical, programming and integration services, support and products to clients using Oracle ERP applications. NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF WORK — Hardware & Software Support and Services for Public Safety Applications The CITY has an existing hardware and software application to support public safety for the CITY. CONSULTANTwill provide operational support of public safety hardware and software. 1.1 Public Safety Software Programming and Support: ® Provide software support for Public Safety hardware and software products including support for related networking and communication. ® Software support services are provided as directed by the CITY and mutually agreed to by the CONSULTANT. 1.2 Public Safety Software Application/Program Support Cost: All software application/program support cost will be billed at the following hourly rates for each role as listed below. All other roles not listed below will be preapproved by the CITY. Page 1 Role vista Y Bl 0>k� �� _ o� �.___' _Ratefipit hour: FublicSafety ITSupport $ 54 ■ The total cost of software and or program support not to exceed: o Remainder Fiscal Year 2013 $ 10,800 ■ Support Beginning May 27, 2013 o Fiscal Year 2013/2014: $ 102,600 ■ This Support Contract is for 3 fiscal years ending June 30, 2016. ■ The support costs are not to exceed $102,600 per fiscal year. ■ Maximum hours invoiced per fiscal year not to exceed 1,900 hours. 1.3 Oracle JD Edwards Software Application Programming and Support: ■ Provide software support for licensed Oracle products including support for integrations and interfaces with Oracle JD Edwards Enterprise0ne. ■ Provide support for annual 1099 process and W2 forms design, development and testing. Provide restoration of modified applications/programs during an update or enhancements as directed by the CITY. Software support and update services are provided on an "as scheduled" or "as needed" basis by CONSULTANT per individual project plans. 1.4 Oracle JD Edwards Software Application Programming and Support Cost: ■ All software application/program support cost will be billed at the following hourly rates for each role as listed below. All other roles not listed below will be preapproved by the CITY. Senior Financial Consultant $ 160 Distribution Consultant $ 160 Project Manager $ 175 CNC Consultant $ 160 Development: JD Edwards / Create Form / BI Publisher $ 130 Mileage Reimbursement $0.51/mile The total cost of software and or program support not to exceed $50,000. All work will be pre -approved by CITY per individual project. 2 (Revised 6-2011) 1.5 Services Provided by CONSULTANT: ■ Provide consultant(s) who are experienced and knowledgeable about the subject matter to perform the approved services. ■ All necessary licenses have been obtained by the CONSULTANT to perform the approved services. ■ Warrants the services and materials do not infringe on any patients. ■ CONSULTANT will make every effort to minimize the impact of the project on CITY employees. 1.6 Services Provided by CITY: ■ Provide workspace suitable for engaged consultants, including Internet access, and a high definition projector for the duration of the contract. ■ Provide conference room facilities suitable to the task at hand as needed. ■ Provide land line telephone access, with local and long distance calling access. ■ Provide CITY computer hardware for the consultant(s) use to execute the project deliverables. ■ Provide reasonable access to key CITY staff to obtain necessary information to accurately configure the required business processes in JD Edwards. 2. INDEPENDENT CONTRACTOR. CONSULTANT'S relationship to the CITY shall be that of an independent contractor. CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY as an agent, or to bind the CITY to any obligation whatsoever, unless specifically authorized in writing by the CITY. CONSULTANT shall be solely responsible for the performance of any of its employees, agents, or subcontractors under this Agreement. CONSULTANT shall report to the CITY any and all employees, agents, and consultants performing work in connection with these projects, and all shall be subject to the approval of the CITY. 3. WORKERS' COMPENSATION. Pursuant to Labor Code section 1861, the CONSULTANT hereby certifies that the CONSULTANT is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and the CONSULTANT will comply with such provisions, and provide certification of such compliance as a part of this Agreement. 4. LIABILITY INSURANCE. CONSULTANT shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage 3 (Revised 6-2011) insurance, or commercial general liability insurance, covering all operations of CONSULTANT, its agents and employees, performed in connection with this Agreement including but not limited to premises and automobile. 4.1 CONSULTANT shall maintain liability insurance in the following minimum limits: Comprehensive General Liability Insurance (Bodily injury and property damage) Combined Single Limit per Occurrence $ 1,000,000 General Aggregate $ 2,000,000* Commercial General Liability Insurance (Bodily injury and property damage) General limit per occurrence $ 1,000,000 General limit project specific aggregate $ 2,000,000 Automobile Liability Insurance $ 1,000,000 *General aggregate per year, or part thereof, with respect to losses or other acts or omissions of CONSULTANT under this Agreement. 4.2 If coverage is provided through a Commercial General Liability Insurance policy, a minimum of 50% of each of the aggregate limits shall remain available at all times. If over 50% of any aggregate limit has been paid or reserved, the CITY may require additional coverage to be purchased by the CONSULTANTto restore the required limits. The CONSULTANT shall also notify the CITY promptly of all losses or claims over $25,000 resulting from work performed under this contract, or any loss or claim against the CONSULTANT resulting from any of the CONSULTANT'S work. 4.3 All insurance companies affording coverage to the CONSULTANT for the purposes of this Section shall add the City of Oceanside as "additional insured" under the designated insurance policy for all work performed under this agreement. Insurance coverage provided to the CITY as additional insured shall be primary insurance and other insurance maintained by the City of Oceanside, its officers, agents, and employees shall be excess only and not contributing with insurance provided pursuant to this Section. 4.4 All insurance companies affording coverage to the CONSULTANT pursuant to this 0 (Revised 6-2011) agreement shall be insurance organizations admitted by the Insurance Commissioner of the State of California to transact business of insurance in the state or be rated as A-X or higher by A.M. Best. 4.5 CONSULTANT shall provide thirty (30) days written notice to the CITY should any policy required by this Agreement be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. 4.6 CONSULTANT shall provide. evidence of compliance with the insurance requirements listed above by providing, at minimum, a Certificate of Insurance and applicable endorsements, in a form satisfactory to the City Attorney, concurrently with the submittal of this Agreement. 4.7 CONSULTANT shall provide a substitute Certificate of Insurance no later than thirty (30) days prior to the policy expiration date. Failure by the CONSULTANT to provide such a substitution and extend the policy expiration date shall be considered a default by CONSULTANT and may subject the CONSULTANT to a suspension or termination of work under the Agreement. 4.8 Maintenance of insurance by the CONSULTANT as specified in this Agreement shall in no way be interpreted as relieving the CONSULTANT of any responsibility whatsoever and the CONSULTANT may carry, at its own expense, such additional insurance as it deems necessary. 5. PROFESSIONAL ERRORS AND OMISSIONS INSURANCE. Throughout the duration of this Agreement and four (4) years thereafter, the CONSULTANT shall maintain professional errors and omissions insurance for work performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00). CONSULTANT shall provide evidence of compliance with these insurance requirements by providing a Certificate of Insurance. 6. CONSULTANT'S INDEMNIFICATION OF CITY. To the greatest extent allowed by law, CONSULTANT shall indemnify and hold harmless the CITY and its officers, agents and employees against all claims for damages to persons or property arising out of the negligent acts, errors or omissions or wrongful acts or conduct of the CONSULTANT, or its employees, agents, subcontractors, or others in connection with the execution of the work covered by this Agreement, except for those claims arising from the willful misconduct, sole negligence or active negligence of the CITY, (Revised 6-2011) its officers, agents, or employees. CONSULTANT'S indemnification shall include any and all costs, expenses, attorneys' fees, expert fees and liability assessed against or incurred by the CITY, its officers, agents, or employees in defending against such claims or lawsuits, whether the same proceed to judgment or not. Further, CONSULTANT at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees resulting or arising from the conduct, tortious acts or omissions of the CONSULTANT. 6.1 CONSULTANT'S indemnification of CITY shall not be limited by any prior or subsequent declaration by the CONSULTANT. 7. COMPENSATION AND PAYMENT TERMS. CONSULTANT'S compensation for all work performed in accordance with this Agreement, shall not exceed the total contract price of $10,800 for Fiscal Year ending 2013, $152,600 for Fiscal Year ending 2014, 2015, and 2016. Information Technologies will be responsible for payment on compensation of the approved project deliverables. The term of this agreement shall be in force from May 271", 2013 through June 30, 2016. No work shall be performed by CONSULTANT in excess of the total contract price without prior written approval of the CITY. CONSULTANT shall obtain approval by the CITY prior to performing any work that result in incidental expenses to CITY. 7.2 Payment shall be made by the CITY to CONSULTANT fifteen (15) days from the delivery of CITY approved invoices. 7.3 CONSULTANT retains the option to suspend or terminate services under this agreement for failure of CITY to pay invoices for services or expenses within 60 calendar days from the date the invoice was issued or submitted to the CITY. 7.4 All expenses related to support must be approved by the CITY, and will be reimbursed to the CONSULTANT. 8. RISK OF DATA LOSS. CITY agrees to take all necessary steps to provide for data security and backups prior to any service performed on computer hardware, software or other equipment by CONSULTANT. CONSULTANT also agrees to take all necessary steps to provide for data security and backups prior to and during the services performed by CONSULTANT on computer hardware, software or other equipment owned by the CITY. G (Revised 6-2011) 9.. NON -SOLICITATION. CITY agrees that for the term of this agreement that CITY will not solicit or recruit or help any other party to solicitor recruit any -consultant working under this agreement to work for any other organization. Like -wise CONSULTANT agrees not to solicit or recruit any of CITY'S employees for the same term. 10. TIMING REQUIREMENTS. Time is of the essence in the performance of work under this Agreement and the timing requirements shall be strictly adhered to unless otherwise modified in writing. All work shall be completed in every detail to the satisfaction of the CITY. 11. ENTIRE AGREEMENT. This Agreement- comprises the entire integrated under- standing between CITY and CONSULTANT concerning the work to be performed for this project and supersedes all prior negotiations, representations, or agreements. 12. INTERPRETATION OF THE AGREEMENT. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to CITY. The CONSULTANT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful, shall remain in full force and effect, and to this end the provisions of this Agreement are severable. 13. AGREEMENT MODIFICATION. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 14. TERMINATION OF AGREEMENT. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party. If any portion of the work is terminated or abandoned by the CITY, then the CITY shall pay CONSULTANT for any work completed up to and including the date of termination or abandonment of this Agreement. The CITY shall be required to compensate CONSULTANT only for work performed in accordance with the Agreement up to and including the date of termination. 15. SIGNATURES. The individuals executing this Agreement represent and warrant that 7 (Revised 6-2011) they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. IN WITNESS.WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Professional Services Agreement to be executed by setting hereunto their signatures on the dates set forth below. Enterprise Te nologi LLC By: G Mario Alvarado President Treasurer 33-0803336 Employer ID No. V F CONSULT, City of Oceanside B• Yuk ri Krause -Brown, Acting Division Man ger By: Peter A. Weiss, City Manager AP�P�EID,.AS)� FORtM: n, BE ATT (Revised 6-2011) CALIFORNIAALL-PURPOSE State of California County of ORANGE On P2�c_ 3�� 2��3 before me, - ERIC AN, NOTARY PUBLIC , Date Here Insert Name and Trtle of the Officer personally appeared �)ap-k© Name(s) of Signer(s) ERIC AN Commission # 1979466 Notary Public - California i z Orange County M Comm. Ex Tres Jun 21, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(Xwhose name( subscribed to the within ins ument and acic owl dged to me that I;;/th executed the same in tA=re(p) r authorized capacity( ), and that by ha/ tC it on the instrumen the person or entity upon behalf of which the persona ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - �L d, i-- SI tore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:yv—o esSt p'V �t)1C�5 A� i2�L� tr✓y.� �-- — -- Document Date: mnq I�'L��b � rE� A, 1Number of Pages: <GK-T Signer(s) Other Than Named Above: yv->k6o t21 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ITEM No. 9 4 OC STAFFREPORT U�'� � CITY OFOCF,ANSIDE 'P't'ORA DATE: I May 15, 2013 TO: Honorable Mayor and City Councilmembers FROM: City Manager's Office/Information Technologies SUBJECT: APPROVAL OF AMENDMENT 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH VALUE STRATEGIES INC. AND APPROVAL OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ENTERPRISE TECHNOLOGY SERVICES LLC SYNOPSIS Staff recommends that the City Council approve amendment 4 in an amount not to exceed $40,000 to the professional services agreement with Value Strategies Inc. of Carlsbad for training and support of existing financial applications; approve a three-year professional services agreement with Enterprise Technology Services LLC of Orange in an amount not to exceed $468,600 for hardware and software support for the existing Oracle, public safety and housing applications; and authorize the City Manager to execute the amendment and agreement. BACKGROUND` On December 1, 2011, the City entered into an agreement with Value Strategies Inc. in the amount of $47,850 for Oracle software support and training. On February 1, 2012, the City Council approved Amendment 1 in the amount of $99,020 for Oracle/JDE Tools Release and Disaster Recovery Update, which was completed in June 2012. On October 3, 2012, the City Council approved Amendment 2 in the amount of $420,000 for the replacement of the existing Oracle EnterpriseOne 8.12 platform with the latest version available (version 9.1). The Oracle upgrade is currently in progress with anticipated completion in June 2013. On November 28, 2012, the City Council approved Amendment 3 for $80,000 for Oracle/JD Edwards software configuration, and a Professional Services Agreement with Enterprise Technology Services LLC for $40,000 for the paystub inquiry print function and Oracle developer support. The online paystub inquiry is scheduled to be available to all employees in July 2013. The online time entry module will be available to the Police Department the first full pay period in July 2013. Mario Alvarado, who was the project manager for the 8.12 update in 2008, heads Enterprise Technology Services LLC. Enterprise Technology Services LLC developed the PERS reporting program, the financial interface with Union Bank, and the interface with the cashier system. ANALYSIS Consulting support services will be provided to Finance department staff by Value Strategies Inc. on an as needed basis. The existing agreement with Value Strategies Inc. will expire on June 30, 2011 Enterprise Technology Services LLC will provide Oracle and. public safety software programming and support, including hardware support related to the City's network configurations, required software updates, and system communications. As public safety and/or Oracle software application updates are implemented and/or new hardware is installed, multiple interfaces toother applications and communications devices require updates to ensure the City's public safety and financial systems remain functional. Currently, one full-time Information Technologies Division employee performs public safety hardware/software programming and support for all public safety applications. Effective May 24, 2013, the Information Technologies public safety position will be vacant. Enterprise Technology Services LLC has the required credentials, experience and knowledge to assume the responsibilities of the vacant position. Saving from the vacant position will be used to offset the professional service agreement cost. The approval of the three-year contract will enable the City to lock -in the rate for an overall cost savings for the City. Additionally, the Housing Department requested the development of a new software application to share data with the existing housing assistance program and the City's Finance system. The new application will enable landlords and tenants to access the application on-line to view rental payments and other related housing information. The new application will significantly reduce the number of phone calls, saving Housing Department staff time. Enterprise Technology Services LLC will implement the new application, provide training to Housing Department staff to enable staff to assist landlords and tenants become familiar with the on-line application, and provide necessary adjustments to the new application. The cost of the services for this application is included in the three-year agreement with Enterprise Technology Services LLC. FISCAL IMPACT The total cost of Value Strategies' Scope of Work for all training, software support and service is not to exceed $40,000. The Scope of Work provided by Value Strategies Inc. will be funded using budgeted FY 2013-14 funds in account number 155160841.5305 (Financial Software Professional Services), and 155010841.5320 (Information Systems Repair/Maintenance) through a new purchase order. 2 Enterprise Technology Services' Scope of Work for public safety software programming and support, required Oracle software programming and support and the housing on- line software implementation and training is not to exceed $468,600 over a three-year period. An annual purchase order will be generated using budgeted FY 2013-14 funds in account number 155164841.5305 (Public Safety Professional Services) and 155162841.5325 (Network Infrastructure). COMMISSION OR COMMITTEE REPORT Not applicable. CITY ATTORNEY'S ANALYSIS The referenced documents have been reviewed by the City Attorney and approved as to form. RECOMMENDATION Staff recommends that the City Council approve amendment 4 in an amount not to exceed $40,000 to the professional services agreement with Value Strategies Inc. of Carlsbad for training and support of existing financial applications; approve a three-year professional services agreement with Enterprise Technology Services LLC of Orange in an amount not to exceed $468,600 for hardware and software support for the existing Oracle, public safety and housing applications; and authorize the City Manager to execute the amendment and agreement. PREPARED BY: SUBMITTED BY: tKrause -Brown Peter A. Weiss Division Manager City Manager REVIEWED BY: Michelle Skaggs -Lawrence, Deputy City Manager ' Teri Ferro, Financial Services Director Attachments: Amendment 4 with Exhibit A Professional Services Agreement K Oracle — JD Edwards Software Services CITY OF OCEANSIDE AMENDMENT 4 TO PROFESSIONAL SERVICES AGREEMENT PROJECT: Oracle —JD Edwards Software Improvements and Support THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (hereinafter "Amendment"), dated May 15, 2013 for identification purposes, is made and entered into by and between the City of Oceanside, a municipal corporation, hereinafter designated as "CITY", and Value Strategies Inc. of Carlsbad, California, hereinafter- designated as "CONSULTANT'. RECITALS WHEREAS, CITY and CONSULTANT are the parties to that certain Professional Services Agreement dated December 1, 2011, hereinafter referred to as the "Agreement" wherein CONSULTANT agreed to provide certain services to the CITY as set forth therein; AMENDMENT NOW, THEREFORE, as set forth herein, the parties hereto do mutually agree that the Agreement shall be amended as follows: 1. SCOPE OF WORK —JD Edwards Software Services Functional Software Configuration and Feature Set -Up Services: ■ All software evaluation, configuration, support and implementation is provided at the direction of Information Technologies Division management. ■ Provide Assessment Evaluations of existing JD Edwards software set-ups for inactive features and dormant functionality available for use from the native software. ■ Provide configuration of JD Edwards native features to support existing or planned business processes. ■ Advise on best practices for processes that take advantage of JD Edwards software. 2. Software Technical Services: Provide installation of needed JD Edwards software. Provide platform migrations, software updates, archiving of data, system security services, and other technical work. Provide system support vacation coverage for Information Technologies Division employees. These services are provided on an "as scheduled" or "as needed" basis by CONSULTANT per individual Project Plans. 3. Programming: Provide modification of existing software. Provide development of software interfaces and integration. Provide restoration of Oracle —JD Edwards Software Services modified programs during an upgrade. Provide programming support vacation. coverage for Information Technologies Division employees. Schedule"as needed" support for these services, or "as available" per individual Project Plans. 4. Application Development Services: Provide design, application specification development and delivery of custom business applications including web enabled applications and web services. S. Compensation: CONSULTANT'S compensation for all work performed in accordance with this Agreement, shall not exceed the total contract price of $40,000. Information Technologies will be responsible for payment of the approved project deliverables outlined in the attached Exhibit A. The term of this agreement shall be in force from July 1, 2013 through June 30, 2014. Based on the CONSULTANT'S required level of expertise for the work that is performed. A rate table outlining the CONSULTANT'S level of expertise, a description of the associated work and the related hourly rate range follows: Category Work Description Rate Range/ Hour Software Installation and set-up of actual software $145 - $160 Technical objects. Data refreshes. "CNC' work. Consultants Software Programming of software modifications / $145 - $180 Programmers customizations and reports Software Configure software set-ups to match $150 - $190 Functional business processes Consultants 6. Except as specifically modified by this Amendment 4, all other terms and conditions of the Agreement remain in full force and effect. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. 2 - • 1 I _A11\ Oracle — JD Edwards Software Services IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Professional Services Agreement to be executed by setting hereunto their signatures on the dates set forth below. Valu It t gies I d By: Duane T. Varnum - President Employer ID No. City of Oceanside By: Y ari Krause -Brown, Acting Div. Ma ager By: Peter A. Weiss, City Manager APP OVED A O ORM: h Mullen, City Attorney NOTARY ACKNOWLEDGMENTS OF CONSULTANT MUST BE ATTACHED. 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i...... .,�SG_a'..�5,�',�as�' State of California County of SAN DI24i) On iVAV I St (2013 before me, 7XV0 P .$Ai& 1 j? /V D-Rew PU6,14G Date I Here Insertame and Title of the Off r personally appeared Name(s) of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the personW whose name(o is/aFe subscribed to the within instrument and acknowledged to me that he/sf3eftheq executed the same in his*e64heir authorized DAVID S LAS capacity(ee), and that by his/he#theif signature(&) on the Camnisaioe 010533/14 instrument the perso►ja), or the entity upon behalf of -a� Notary Public- California which the person(. acted, executed the instrument. Z San DMV County M Comm. Mims Jun 9, 2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand official seal. Signature Place Notary Seal Above na ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian or I ❑ Other- Is Representing: Number Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • El Trustee Top of thumb here El Guardian or Conservator ❑ Other: Signer Is Representing: I� a".`-�:a'✓:�:� "✓:�:�:�y<�w✓:✓:�:C=!L�.•✓.G�-�,r-�':�r.�'✓:�r.�.�r.C✓.G��.6�✓"�y. ".vL-y � ':��'A"'-�.:-�G�✓4�:".�4-r� -e>r-✓ '•✓i-d.-y �y ✓ -v per -v -cad Oracle — JD Edwards Software Services Scope of Work (SOW) EXHIBIT A Rationale: CITY has spent considerable time and effort to correct, optimize and upgrade its JD Edwards ERP system.. In the process, the CITY's system has become a model for others using JD Edwards Software. The CITY recognizes the need for ongoing improvements to the system to better support CITY business processes. Purpose: This SOW creates a support program designed to provide a baseline level of improvement for CITY's JD Edwards EnterpriseOne ERP System. Generally, support can be broken down into three areas: 1. CNC: Technical software support for software objects and their proper installation. Includes response and correction of software related problems: 2. Functional Application Support: Ensure software set-ups and configurations are working as designed and accurately match CITY business processes and requirements. Response and correction ofJD Edwards application problems. 3. Programming: Services to 1) Interface JD Edwards to other software packages and services, as required. 2) Enable software configuration set-ups constructed by Functional Consultants. Other Services: • JD Edwards/ERP Strategic Planning for Upgrades, Integration and ancillary products. Team Members for this SOW include but are not limited to: 1. CNC: Jon Auger 2. Functional Team: Adam Fleck, Kevin Yeaman, Mario Alvarado 3. Programmers: Arnel Alon Services will be mutually scheduled and agreed upon based on availability of consultants. When will services be provided? I. Planned Support as Scheduled a. End of year Oracle updates, ESUs, SARS, and Software Tools Releases, etc. b. Can be pre -scheduled as agreed. 2. On Call Support: a. Additional non -emergency support to be scheduled as needed. b. See procedures under "How to obtain support" below. 3. Emergency Support: a. Crisis response needed urgently. b. See procedures under "How to obtain support" below. Page 1 Oracle — JD Edwards Software Services Scope of Work (SOW) EXHIBIT A How to obtain support service: A. Scheduled: Certain activities such as year-end updates will be pre -scheduled with.time allotted for their completion. Schedule to be set-up during periodic planning meetings. B. On Request, as needed, during Normal Business Hours: 1. Requests for service are directed to Duane Varnum for triage to correct team member. 2. Requests may only originate from specific members of I.T. Management and staff, including: Yukari Brown and Gina Walsh. 3. Duane Varnum will notify the best and most available team member to handle the request and will obtain estimates of time and availability from them. 4. Estimates will be relayed back to CITY for approval via email. Email approval from CITY is sufficient. S. CONSULTANT will be scheduled and will start the work on the agreed upon day. C. Emergency (Outside of NBH): 1. Call, email and text Duane Varnum. Leave message with call back number. • Duane Varnum will acknowledge via call back to CITY as soon as he picks up message. • Duane Varnum will immediately use'best efforts' to acquire best team member for quickest response possible. • Duane Varnum will notify CITY of results of efforts within one hour. 2. If immediate action needed and Duane Varnum is not able to respond within one hour, place call to Jon Auger directly. Leave message. a. Jon Auger, if immediately available, will determine best consultant to handle the issue and attempt to notify CONSULTANT for direct response back to CITY. b. If Jon is not immediately available, he will respond back to CITY when he picks up the message. Meetings: CONSULTANT (Duane Varnum) will meet with CITY for periodic planning and procedure adjustment meetings. During the first two months of this agreement, meetings will be bi-weekly. Thereafter, meetings will be once per month. Where will Support Services be Provided? 1. It is anticipated that most services will be provided onsite at CITY I.T. offices. 2. Wherever possible, services from remotely based consultants will be provided via remote access to the CITY system. 3. Facilities: Page 2 Oracle —JD Edwards Software Services Scope of Work (SOW) EXHIBIT A a. Work spaces b. Meeting rooms Page 3 No inquiry description Object Adopted YTD YTD YTD YTD Account Budget Budget Actual PO/Contract Amount Calculation Request 2013 2013 2013 2013 2013 00100 - General Fund . 10080501 - Real Estate Services 63100 - General Supplies 1,200 1,200 0 1,200 63125 - Office Supplies 0 0 0 0 63225 - Computer Supplies 0 0 0 0 64470 - Subscriptions 2,071 1,857 (3,928) 64405 - Books/ Subscriptions 2,071 1,857 (3,928) 64485 - Dues and Memberships 400 400 0 400 63000 - Equipment and Supplies 1,600 1,600 2,071 1,857 (2,328) 68560 - Training - Other 932 (932) 68550 - Training 500 500 500 68550 - Training 500 500 932 .(432) 68610 - Conferences 0 0 68500 - Conferences and Training 500 500 932 (432) -- 69365 '' Other Professional Services 40;261 48,945 351 8;6 , 10 .30,000 „ 69300 Professional Services 35,000 35,000 35,000 69300 - Professional Services 75,261 83,945 351 8,684 74,910 69505 - Cont Svcs - Other 6,000 6,000 0 1,296 4,704 69530 - Cont Svcs - Other Advertising 449 (449) 69520 - Cont Svcs - Advertising 449 (449) 69450 - Other Contract Services 6,000 6,000 449 1,296 4,255 70200 - Equipment Rental 0 0 329 4,671 (5,000) 70000 - Rental Expense 5,000 5,000 5,000 70000 - Rental Expense 5,000 5,000 329 4,671 0 75350-Taxes 19,000 19,000 110,909 0 (91,909) 75000 - Payments to Other Governments 106,000 106,000 106,000 75000 - Payments to Other Governments 125,000 125,000 110,909 0 14,091 60000 - OPERATING EXPENSES 213,361 222,045 115,041 16,508 90,496 50000 - EXPENDITURES 213,361 222,045 115,041 16,508 90,496 City of Huntington Beach W44) FY 14/15 Fund Balance Report Analysis Friday, July 18-1 2014 Object FY 13/14 FY 13/14 FY 13/14 FY 13/14 Account Adopted Revised Encumbrance Actual 00100 - General Fund 51100 - Salaries - Permanent 803,204 803,204 570,898 52000 - Salaries - Temporary 16,000 16,000 19,747 53000 - Salaries - Overtime 0 54000 - Termination Pay Outs 0 0 13,242 55000 - Benefits 341,484 341,484 234,151 51000 -.PERSONAL SERVICES .1,160,688 1,160,688 838,038' 63000 - Equipment and Supplies 154,700 154,700 19,423 116,976 64520 - Repairs and Maintenance 1,000 1,000 68500 - Conferences and Training 25,000 25,000 61 21,872 69300 -Professional Services 88,84t ' 91,914 27 000: 54,071 30;000 69450 - Other Contract Services 26,220 26,220 8,963 15,541 78000 - Expense Allowances 19,700 19,700 7,954 60000 -OPERATING EXPENSES 315,461 31.8,534 - 55,447 216,418 50000 'EXPENDITURES 1,476,149 1,479,222 - 55,447 1,054,452 - 1,476,149 1,479,222 55,447 1,054,452 iount Re ue Vendor Requester, Date 8,560.00 Stanley Hoffman Kellee Fritzal 6/23/2014 30,000.00 Enterprise Technologies Kellee Fritzal 7/18/2014 6,500.00 Rosenow Spevacek Group Kellee Fritzal 3-Yr contract at $30K/yr 81.0 000.00 Walker';,P' king Kellee Frtzal 6/26%2014i Avail Balance 1,551,836 Bazant, Denise From: Han, Sunny Sent: Tuesday, July 01, 2014 10:26 AM To: Bazant, Denise Subject: RE: JDE Real Estate Module Here you go! Mario Alvarado President I Consultant Enterprise Technologies Phone: (714) 368-9750 1 Mobile (714) 269-5666 Email: MAlvarado@idesolutions.com Web: Http://www.JDESolutions.com _ ENTERPRISE Sunny Han, CPA, CFE Senior Administrative Analyst Finance Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Phone: (714) 536-5907 Fax: (714) 374-1571 sunny.hanPsurfcity-hb.ora From: Bazant, Denise Sent: Tuesday, July 01, 2014 10:25 AM To: Han, Sunny Subject: JDE Real Estate Module ,Gord CaRACLG' ly9td@$t' c en a.�.�3itic Would you send me the consultant who we met with contact information? Denise Bazant Office of Business Development City of Huntington Beach 2000 Main Street, 5th Floor Huntington Beach, CA 92648 714-536-5470 dbazant@surfcity-hb.org "RGANiZATION INU'T'ES Enterprise Technology The undersigned being all of the members of S e r v i c e s Ll,C hereby adopt the following resolutions. MEMBERSHIP PERCENTAGES AND CERTIFICATES Resolved that the percentage ownerships of members in the net assets and profits of the Company shall be as set forth below and that the Company issue to each member a certificate evidencing such membership and percentage. Name of Member' Capital Contribution Percentage Mario. Alvarado $1,000.00 100% Providing Corporate Services To Businesses Since 1972. FORM 'OF MEMBERSHIP CERTIFICATES Resolved that certificates of membership in the Company shall be in the farm attached to these minutes and marked "Specimen." i ADOPTION OF BANK RESOLUTIONS Resolved that the Company open accounts with one or more banks and the Company hereby adopts resolutions required by said banks, and it is further resolved that copies of the bank resolutions be attached to these minutes. ELECTION OF OFFICERS Resolved that the following persons are elected officers of the Company to serve until they resign or at replaced. f Office � Name _ -- President Mario Alvarado Vice President `r Mario Alvarado Secretary Mario Alvarado Creasurer Mario Alvarado i 1 Providing Corporate Services To Businesses Since 1972. COMPANY SEAL Resolved that the Company seal shall be as set forth in the impression thereof set forth below. IN WITNESS WHEREOF all the members have signed these Organization Minutes. Providing Coqco=;3te Services To Businesses Since 1972. Otate a Deiawaiv PAGE 1 -'ce af cl le I, iEDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED ARE TRUE AND CORRECT COPIESQF ALL DOCUMENTS ON FILE OF "ENTERPRISE ,TECHNOLOGY SERVICES, LLC" AS RECEIVED AND FILED IN THIS OFFICE. THE FOLLOWING DOCUMENTS HAVE BEEN CERTIFIED: CERTIFICATE OF FORMATION, FILED THE SECOND DAY OF MARCH, A.D. 1998, AT 9 O'CLOCK A.M. Y cv�l Edzve- rel 1. a i ts, Secretiif�y of Sicue 2865496 8100H iAL'Ti-iENTICATI -D 0290515 001104963 T--?A71 F: 03-01-00 Y ♦MP j$} b 3 s c j FA, t1I - 2 G J +� 2'E OF DL'LAWARS. SECRETARY OF .STATE DIVISION OF CORPORATIONS FILE:? 09:00 AM 0310211995 991079380 — 2665496 UF FORMATION OF Enterprise Technology servic9s, LLC 1. The name of she Limited Liability Company is Enterprise Technology Services, LLC Z. The address of its registered office in the State of Delawaly is 1313 North Market Street in the City of Wilmington, County Of New Castle. The name of its registered agent at such address is The Company Corporatiom. i. The latest date on which the Limited Liability Com+any is to dissolve is rcbruary, 27, 2028 4: Insert any other matters the members determine to fttetude herein. 4 S. Membership may not be transferred (except by will or inheritance) without the consent of a majority of the other members. s In avltness whereof, to the best of my knowledge and belief, the faaca stated therein are true, the undersigned have executed this. Certificate of Formation on thds 2na day of 1 Signature Awhorized Pernsmll Nmne ofAmMorized Person Regina Cephas 0 E' r 31 Fy? ;•YR lM ' CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form JUL 18 20141 PAIN I Finance: Uepartmetlt Date: 7/15/2014 Project Manager Name: Denise Bazant Requested by Name if different from Project Manager: Department: Economic Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Move property management operations into JDE Enterprise One ERP 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ® MC 3.03.08(b) - Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 - Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract gerimally described on the list of professional service contracts approved by the City Council? If ans to this que❑stion is "No," the contract will require approval from the City Council.) s N Fiscal S r Signature (Purchasing Approval) }7-/7-// Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Year 1 (estimate) Year 2 (estimate) Year 3(estimate) 10080501.69365 $30000 $ $ $ $ $0 $ $ $ s Signature APPROVED DE ❑ Manager's Signature 7 `- Date Date /9/ Y % / Date 7201 Date Date enterprise technologies - part i.doc REV: December /2013 ��NTING + CITY OF HUNTINGTON BEACH o m_ Professional Service Approval Form FO c��GUNTY GPI\ PART 11 Date: 7/15/2014 Project Manager: Denise Bazant Requested by Name if different from Project Manager: Department: Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Enterprise Technologies 2) Contract Number: ECD 5470 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $30,000 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 10080501.69365 $30,000 $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which d Fiscal of (F(hasing) l Budget Manager Approval Signature the payment terms of the contract. r of Fina or designee) Signature Date 7//F LcPG/ Date D to enterprise technologies - part ii.doc REV: December /2013