HomeMy WebLinkAboutGoLive Technologies - 2013-02-28CONTRACTS SUBMITTALTO
----CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: GoLive Technologies
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Workflow analysis service
Amount of Contract: $7,000
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. ❑ to Risk Management Elj
Finance Dept. ORIGINAL bonds sent to Treasurer ❑
Name/Extension
City Attorney's Office
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HIUNTINGTON BEACH AND
GO LIVE TECHNOLOGY, INC.
FOR PROCESS WORKFLOW ANALYSIS SERVICE
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 GO LIVE TECHNOLOGY, INC., a corporation, hereinafter referred to as
"Consultant."
WHEREAS, City and Consultant are parties to that certain agreement dated
February 28, 2013, entitled "Professional Services Contract Between the City of
Huntington Beach and Go Live Technology, Inc., for Process Workflow Analysis
Service," 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 work required for project scope details.
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 not
to exceed Seven Thousand Dollars ($7,000.00), for a total not to exceed sum of
Seventeen Thousand Dollars ($17,000.00).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
13-3918/101181
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on q V 7 52013.
CONSULTANT,
GO LIVE TECHNOLOGY, INC.
By: LiAj—
print name
ITS: (circle one) Chairma residen ice President
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
qi��MAte�
Director/Chief
(Pursuant to HBMC §3.03.100)
AND
By: APPROVED AS TO FORM:
print name
ITS: (circle one) Secretary/Chief Financial citylbtomey /'w—
Officer/Asst. Secretary `Treasurer
Date:
REVIE D APPROVED:
d
Pit/Manager
13-3918/101181 2
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PART I
Date: 12/4/2012 Project Manager Name: Javier Bailesteros
Requested by Name if different from Project Manager: Behzad Zamanian
Department: Information Services
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART / MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Assist the City to document process workflows and gather system functional requirements for
upgrading/replacing the cities land management software.
2) Estimated cost of the services being sought: $ 10,000.00
3) Are sufficient funds available to fund this contract? ❑ Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Coun.c-if� ❑ems ❑ No
Fis, a, ' eXces Manager Signature
Date
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
10040211.86100 $ 10,000.00 $
Budge Approval nate
Depajt ght Head Signature(s)
Director of Nfi-arT—ce's Signature
Deputy City Manager's Signature
APPROVED ENIED ❑
I � j
ity Manager's Signature
ate
Jte/ `I
ate
13
Date
�3;iN8
CITY .r •iBEACH .. ��
Professional ApprovalForm
9�cF�011NPt fi.P�kd� �
Date: 2/6/2013 Project Manager: Behzad Zamanian
Requested by Name if different from Project Manager: Javier Ballesteros
Department: Information Services
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Go Live Technology, Inc.
2) Contract Number: IS 2013-5
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ 10,000
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 $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
' j(3�
—�
Budget App val Sig ure Date
Director of Finance (or designee) Signature Date
54 �-t-,! �-6
Object Cumulative 14 Cumulative 14
Account Budget Actual
2012 2012
10040211 = Equip Replace;- Info Svcs
63225 - Computer Supplies
0.00
0.00
63000 - Equipment and Supplies
0.00
0.00
60000 - OPERATING EXPENSES
0.00
0.00
83900 - Equip - Communications
7,900.00
1,600.00
84000 - Equip - Information Services
15,260.94
15,225.61
83000 - Equipment
23,160.94
16,825.61
86100'- Capital:- Purchase Software.
103,6511.83
6 9.10.00
86000 - Capital - Software
103,651.83
6,910.00
80000 - CAPITAL EXPENDITURES
126,812.77
23,735.61
50000 - EXPENDITURES
126,812.77
23,735.61
Cumulative 14 Cumulative 14
Encumbrance Funds Availlable
2012 2012
0.00
0.00
0.00
0.00
0.00
0.00
6,300.00
0.00
0.00
3$-
6,300.00
35.33 j
86,741:.83
10'000.00
86,741.83
1 (100'DO
93, 041.83
10, 035.33
93,041.83
10,035.33
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GO LIVE TECHNOLOGY, INC.
FOR
PROCESS WORKFLOW ANALYSIS SERVICE
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 GO LIVE TECHNOLOGY, INC., a corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assess needs of users
and city to assist in the selection of new software permitting systems under consideration; 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:
I. 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 Richard Chenette 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 sves to $49
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?. 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 ��� , 20J_,� (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 12 months 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 ten thousand Dollars ($10,000.00).
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
aeree/surfliet/professional sves to $49
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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 terns 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
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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/professional Svcs to $49
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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/professional svcs to $49
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_ 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.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Behzad Zamanian
2000 Main Street
Huntington Beach, CA 92648
agree/surfnet/professional sves to $49
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TO CONSULTANT:
Go Live Technology, Inc.
ATTN: Richard Chenette
26632 Via Cuervo
Mission Viejo, CA 92691
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
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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.
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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
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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
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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,
Go Live Technology, Inc.
COMPANY NAME
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By: �r ;
print name
ITS: (circle one) Chairman esiden ice President
AND
2
By: ! 'j�
KickaVA L1IPIA tC
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secret — Treasurer
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
F Director/Chief
((Pursuant To MC §3.03.100)
J A71 eL A r 4i
APPROVED AS TO FORM:
1 1 % /.,1
�'- C4 Attorney
Date CT
Go LIVE= TE`CHN0L0G7Y; INC..
City of Huntington Beach
Process workflow Analysis Proposal
Prepared for
Behzad Zamanian
Business Systems and
Public Safety Systems Manager
City of Huntington Beach
Prepared by
Richard Chenette
Go Live Technology, Incorporated
Proposal Number 104 Rev-D
October S, 2012
26632 Via Cuervo
Mission Viejo, CA. 92691
Phone: 949-275-2938
richard@golivetechnology.com
SUMMARY
Go Live Technology, Inc. is pleased to present this revised proposal to provide Project Management services to
the City of Huntington Beach to assist with modeling of current business processes used to highlight problem
areas and opportunities for efficiency gains. In -addition, functional requirements will be documented and used
to capture the required behavior of software systems under consideration.
INCLUDED SERVICES:
Document Current Process Workflow for:
• Planning
• Building
• Public Works
• Business License
• Cashiering
Document Functional Requirements for:
• Planning
• Building
• Public Works
• Business License
• Cashiering
DELIVERABLES
Go Live Technology will deliver Workflow and Functional Requirements documents for each of the five
departments in the following electronic formats: PDF and Visio. The delivery of these ten electronic
documents will complete the scope of work for this proposal.
ASSUMPTIONS
Go Live Technology will assist the City of Huntington Beach with the documenting of current workflow
processes and the identification of functional requirements for the five departments listed above. Some of
the work required to perform these services will be performed onsite and some will be provided remotely.
Huntington Beach IT staff will provide project resources from each department with the subject matter
expertise necessary to accurately define these processes and ensure resources attend the scheduled sessions.
This proposal includes the defined services for the five department processes referenced above and is based
on the assumption that a maximum of 20 hours will be allocated for each process. Should additional time or
services be required outside the scope listed herein then they will need to be defined in a formal Change
Order and approved by both parties before further work can commence.
COMPENSATION
All listed services will be provided to the City of Huntington Beach for the price of $10,000 dollars.
TERMS
All invoices submitted will be due upon receipt.
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
GOLIV-1 OP ID: VM
®n CERTIFICATE OF LIABILITY INSURANCE DAT01/31/13 Y)
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 714-755-1575 NA
COME:NTACT Marissa Valdez, Ext. 20
A C I Commercial Insurance 714-785-4124 PlIONN Ezt) 714-755-1575 Fac Nol: 714-352-3728
505 E. First St. Suite E. E-MAIL
Tustin, CA §2780 ADDRESS: service@aclinsure.com
ACI Commercial Insurance c, ncnic n crncrnua rnvPRArr NAIC#
UNITED STATES LIABILITY INS CO
INSURED Go Live Technology, Inc. INSURER 8 :
26632 Via Cuervo INSURER C:
Mission Viejo, CA 92691
INSURER D
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
v ,a Inn
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1551JEU I u I nE INOUT%= I4-"---
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.
lNSR LTR
A
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
X
POLICY NUMBER
MTK15502765
POLICY EFF
MM/DD
12/15112
POLICY EXP
MM/DD
12/15113
LIMITS
EACH OCCURRENCE
$ 1,300,000
PREMISES Ea occurrence
$ 300,000
MED EXP (Any one person) I
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
—
I
I
PRODUCTS - COMP/OP AGG
$ 2,000,000
-
A
-
�.ENI*L
I
I
X
I
MTKI SS0276B
12/15112
12/15/13
AGGREGATE LIMIT APPLIES PER
PRO-
R I POLICY i LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X I HIRED AUTOS X AUTOS
I
COMBINED SINGLE LIMIT
Ea accident
$
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
g
$
UMBRELLA UAB
EXCESS UAB
occuR
CLAIMS -MADE
I
jENNIFER McGRAT
I n jJ �`/ _ %
, City A
EACH OCCURRENCE
$
AGGREGATE
a
DED RETENTION $
WORKERS COMPENSATION
AND EMPLDYERV LIABILITY
ANY PROPRIETOR/PARTNERIECECUTUE Y�
OFFICER/MEMBER EXCLUDED?
NIA
I
AA }�' 3m,
Aiisistaut City At
WC STATU- OTH-
E.L EACH ACCIDENT
$
E.L DISEASE - EA EMPLOYEE
$
q
(Mandatory fn NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
ERRORS & OMISSIONS
CLAIMS MADE
I
MTK15502765
12/15112
12/15113
E.L. DISEASE - POLICY LIMIT $
OCCURENCE 1,000,000
AGGREGATE 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required)
THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS CERTIFICATE HOLDER AND
ADDITIONAL INSURED IN REGARDS TO AUTO LIABILITY AND GENERAL LIABILITY PER
ATTACHED FORM BP 134(06-09).
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
CITYOHB I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1988- A ACORD C—qWORATION. All rights reserved.
_ACORD 25 (2010105) The ACORD name and logo are registsfJO marks of ACORD
UNITED STATES LIABILITY INSURANCE GROUP
WAYNE, PENNSYLVANIA
This endorsement modifies insumce provided under the following:
BUSLNESSOWNERS. COVERAGE FORM
BLANKET ADDITIONAL. INSURED
SECTION H — LIABILITY; C. Who .Is An Insured is amendedto. include as. an:additional
insured any persons) or organization(s)' for whotn you are performing "your work" under a
written contract or agreement, that rewires such persot3 s) or organization(s) to be added as.an
additional insured on your policy: Such person(s) or organization(s) is an additional insured
only with: respect to:liability for "bodily injury". "property -damage" or "personal and advertising
injury,' occurring. after the effective date of -such contract or agreement that is caused, in whole or
in part by:. _
a_ Your acts.or omissions; or
b. The acts or omissions of those acting on your behalf,
it. the performance of "your work" for the additional insured.
Coverage for an additional insured under this endorsement ends when'`your work" for that
additional insured ends or is put to its intended use by any person or organization.
SECTION It - LIABILITY; B. EXCLUSIONS,-3. Applicable, To Both Business Liability
CoverageAnd.Medical Expenses. Coverage,, is, amended to add the following with respect to
this endorsement only
There is no coverage under this endorsement ,for loss or expense, including but not. limited to
the cost of defense for "body injury" or "property damage" or 'personal and advertising
injury" occurring:
a: After all of"your tivork'; including zaate-also parts or egu, meat: fumisheti in connection
with "your work" and performed under the above referenced written contracts) or
agreements) has ended or
o <
b, When that, portion of ` tour work" out of which the "bodily injury' , `propel damage" or
"personal and advertising injury" arises and performed under the above referenced
written contract($) or agreement(s). has. been put to its -intended use by any person or
organization;
whichever occurs first.
All other terms and conditions of this policy remain unchanged. This endorsement is a part of
your .policy and takes effect on the effectivedate of your policy unless another effective :date is
shown.
BP 134 (og-os)
Page 1 of l
POLICYHOLDER COPY
SG
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 12-04-2012 GROUP:
POLICY NUMBER: 1857744-2012
CERTIFICATE ID: 8
CERTIFICATE EXPIRES: 09-01-2013
09-01-2012/09-01-2013
CITY OF HUNTINGTON BEACH SG
2000 MAIN ST
HUNTINGTON BEACH CA 92648-2702
This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such Policy.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $$1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2007 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
GO LIVE TECHNOLOGY, INC SG
26632 VIA CUERVO
MISSION VIEJO CA 92691
[P14,SG]
(REV.1-2012) PRINTED : 12-04-2012
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GO LIVE TECHNOLOGY, INC.
FOR
PROCESS WORKFLOW ANALYSIS SERVICE
Table of Contents
Scope of Services
CityStaff Assistance................................................................................................2
Tenn; 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
Certificateof Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of 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...............................................................................................................
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I
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