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HomeMy WebLinkAboutINFOSYS BUSINESS SOLUTIONS - 2002-03-01SuF: e iy Contracts Checklist for Submittal to City Clerk's Office Hun &_ h• (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x6404 1. Name of Contractor: InfoSys Business Solutions 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Computer automation services for the Building Department. 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. September 30, 2002 4. Amount of Contract: $40,000.00 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? jd YES ❑ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested —pursuant to HBMC 3.03.100? ❑ YES X NIA OR Is the attached contract a SOLE SOURCE? 3A YES ❑ NIA C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? ❑ YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: _Beverly Braden x 5383 Name/Extension Building & Safety Department April 1, 2002 Date g:/forms/city clerk contract checklist.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INFOSYS BUSINESS SOLUTIONS FOR AUTOMATION SERVICES THIS AGREEMENT ("Agreement") is made and entered into this /ST day of BaeGh . , 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and INFOSYS BUSINESS SOLUTIONS, a limited liability company hereinafter referred to as "COMPANY." WHEREAS, CITY desires to engage the services of a consultant to provide automation services; 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 COMPANY has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and COMPANY as follows: 1. SCOPE OF SERVICES COMPANY 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." COMPANY hereby designates Jennifer Wignall or her designee, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 02agree/automation/2/12/02 I — / 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with COMPANY in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of COMPANY are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 30, 2002 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than September 30, 2002 from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and COMPANY. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay COMPANY on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed Forty Thousand Dollars ($40,000.00). 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," COMPANY will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 02agree/a utomati on/2/1 2/02 2 6. METHOD OF PAYMENT COMPANY shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS COMPANY 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 COMPANY 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 COMPANY 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 COMPANY's (or COMPANY's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by COMPANY, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by COMPANY for all costs and attorney's fees incurred by CITY in enforcing this obligation. COMPANY will conduct all defense at its sole cost and expense and CITY shall approve selection of COMPANY's counsel. This indemnity shall apply to all claims and liability C�# 02agree/automation/3/26/02 3 regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by COMPANY. 9. PROFESSIONAL LIABILITY INSURANCE COMPANY shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for COMPANY's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self - insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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. COMPANY shall notify CITY of circumstances or incidents that might give rise to future claims. COMPANY 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, COMPANY 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. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, COMPANY 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: 02agree/automation/2/12/02 4 A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such 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. COMPANY 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 COMPANY's indemnification and defense 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. COMPANY shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR COMPANY 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. COMPANY 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 COMPANY 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 or COMPANY may terminate this Agreement at any time with or without cause, and whether 02agree/automation/2/12/02 5 or not the PROJECT is fully complete. Any termination of this Agreement shall be made in writing, notice of which shall be delivered 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 COMPANY. 13. ASSIGNMENT AND DELEGATION This Agreement and the work hereunder shall not be assigned, delegated or subcontracted by COMPANY to any other entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, entities must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS COMPANY 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 COMPANY'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 COMPANY may designate different addresses to which subsequent notices, certificates or other 02agree/automation/2/12/02 6 • • 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: Director of Building & Safety 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO COMPANY: Steve Wignall, President Infosys Business Solutions, LLC P. O. Box 122 Cypress, CA 90630 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 02agree/automation/2/12/02 7 fl� ' unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION COMPANY 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 COMPANY 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. COMPANY understands that pursuant to Huntington 02agrree/automation/2/12/02 8 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 COMPANY. 24. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, 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 non -prevailing pay. 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. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal. counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the 02agree/automation/2/12/02 9 1 • parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. INFOS_YS BUSINESS SOLUTIONS, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: J -1 Ste hen W. Vig$ll, President AND B: ennifer Wign , Sec4aTSreasurer APPROVED AS TO FORM: �L,1 ovCity Attorney Y. o 7- INITIATED AND APPROVED: Director of Building and Safety 02agree/automation/2/12/02 10 • Exhibit A Scope of Work A. STATEMENT OF WORK: At the direction of an Authorized Representative of the City (described in Section C), COMPANY will undertake and provide "Automation Services" for the City of Huntington Beach, which includes, but not limited to: a. Maintenance, modifications, for existing mainframe computer applications. b. System Analysis, research and recommendations for new computer applications. c. Design, develop and/or implement interfaces and conversions related to mainframe replacements d. Other supplemental services in the area of automation when requested by Authorized City Representative and mutually agreed upon by COMPANY and CITY. B. COMPANY'S DUTIES AND RESPONSIBILITIES: a. Respond to requests for service by Authorized City Representatives (described in Section C) within 24-hours and confirm by email to CITY, all requests. b. Provide estimate of completion time for each service request. c. Deliver work product or notice of extension on or before estimated completion time. d. Submit bi-monthly itemized billing in format described in Exhibit B. C. CITY'S DUTIES AND RESPONSIBILITIES: a. CITY'S Staff Coordinator shall be the Director of Building & Safety or designee(s), as follows: i. Director of Building & Safety shall designate "Authorized Representative(s)" to authorize work for the Department of Building & Safety and for the Citywide Permit System. b. CITY'S Staff Coordinator shall provide COMPANY within five (5) working days of acceptance of this Agreement, a list of "Authorized Representatives." Any changes to "Authorized Representative" are to be provided to COMPANY by email and confirmed throughout the term of this Agreement.. c. Work requests may be made by phone or in person, but shall be official when executed by email, fax, or mail by an "Authorized Representative." d. Make available to COMPANY a work station for remote connectivity that meets the following criteria: i. Fully functional secured Pentium 166 MHz or higher ii. Modem connection at 56K or higher. iii. Loaded with PC Anywhere version 9.0 of higher. iv. Loaded with Microsoft Windows 98 or higher. v. Loaded with Microsoft Office 97 Professional and Microsoft Office 2000 Professional. vi. City to provide COMPANY security clearance on the designated workstation to perform services. GABraden\InfoSys\InfoSys Exhibit A.doc 02/ 1 1 /2002 Z • Exhibit A Scope of Work vii. COMPANY shall notify City before removing data and City, prior to any data being removed from the premises, must perform proper archival procedures. e. City shall inspect all work -in -process submitted or work product completed within five (5) working days of completion/submitted. In the event City rejects or has comments on any such product, City shall identify specific requirements for satisfactory completion and provide written or emailed requirements to COMPANY within five (5) working days of completion/submittal. Any such product, which has not been formally accepted or rejected by City, shall be deemed accepted. D. TERM- TIME OF PERFORMANCE: a. Each work request will include a desired completion date, which will be discussed with COMPANY (see Section B.b), and then agreed to by both CITY and COMPANY. Authorized City Representative should include in email authorizing work request whether work must be completed during non -business hours (see Exhibit B _ Section Lb) in order to meet the agreed completion date. b. All work requests shall be completed by 9-30-02 unless approved in advance by both CITY and COMPANY. GABraden\InfoSys\InfoSys Exhibit A.doc 02/ 11 /2002 Exhibit B • Payment Schedule In consideration for the performance of work described in Exhibit "A" to be provided by InfoSys Business Solutions ("COMPANY") pursuant to the terms of this Agreement, City of Huntington Beach ("CITY") shall pay as follows: 1. HOURLY SERVICE RATE a. Work performed Monday through Friday 8:00 a.m. — 5:00 p.m., whether On -Site or remote access through PC -Anywhere, will be billed at the rate of One -Hundred Forty ($140.00) per hour for each hour of service, or for portions of one hour, the rate will be seventy ($70.00) for each half hour. b. If requested and authorized in advance by Authorized City Representative, work performed on a Nationally observed Holiday and all other time periods not stated in Item La (above) will be billed at the hourly service rate of two -hundred ten ($210.00) per hour for one (1) hour of service, or, for portions of one hour, the rate will be one -hundred five ($105.00) for each half hour. c. Telephone information and/or email requests will be billed at a minimum of one (1) service hour per incident. d. Hours invoiced for periods during Transportation, Lodging and/or Training not to exceed twelve (12) hours in one calendar day. e. Provision for any and all Transportation, Lodging and/or Training necessary to execute terms of this Professional Services Contract, including Exhibits A and B. 2. "ON -SITE" SERVICES a. Billed at a minimum of two (2) hours service per incident. "On -Site" service is work performed by COMPANY on CITY property. 3. PC -ANYWHERE SERVICES a. Billed at Hourly Service Rate at a minimum of one (1) hour of service per incident although considered "On -Site" Services. 4. METHOD OF PAYMENT a. COMPANY shall be entitled to prompt and complete payments. b. COMPANY shall submit to each CITY an invoice generated bi-monthly for services provided in arrears. Invoices shall include: i. Date Request Received ii. Description of Service Performed iii. Number of hours of service for each request iv. Name of Party who made the request v. Amount of payment due GABraden\InfoSys\InfoSys Exhibit B.doc 02/ 11 /2002 Exhibit B Payment Schedule c. Upon submission of any such invoice, if CITY Authorized Representative is satisfied that invoice accurately reflects work requests for said period, the Authorized Representative shall approve the invoice, in which event payment shall be made within thirty (30) days from date of the invoice. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall within ten (10) days from date of invoice notify COMPANY in writing of the reasons for non -approval and give COMPANY an opportunity to cure discrepancy. d. Invoices not paid in full within thirty (30) days from date of invoice will be considered Past Due and may at COMPANY'S discretion result in the cessation of all services provided in the Scope of Work in Exhibit A. e. Any billings for extra work or additional services not provided for in Scope of Work in Exhibit A shall be invoiced separately. GABraden\InfoSys\1nf6Sys Exhibit B.doc 02/ 11 /2002 f � .. y� �. �•� ri us iPmuuuum ANDREW W. MORRIS INS. AGENCY T18S CERIHiCA1E 6ISSUIED AS A MATTER OF WFOR 4ATM 14151 NEWPORT AVE., STE. 101 ONLY AND NO RM" UM TM CER71MCATE TUSTIN, CA 92780 . Pd088 LIC. # 0822566 (714) 544-3914 INMSYS BUSINESS SOLUTIONS, LLC IOD73 VALLEY VIEW ST., #122 CYPRESS CA 90630 BRA: TM6 POLICES OF DISIAlIA M LISTED BELOW HME BEM UMM TO THE MSIIRED HOMED ABOVE fOR'ME PCLVf PERIOD 81DIOATW NOTTdffH 1 AHDW ANY RMMMWff. TSMA OR C0I4n1 M OF AlW CONTRACT OR OTHER 00=18hff VKM RESPWr TD 1 *WH TMIS CER7] M'fE WAY BE =UED OR MAY PERTAK THE MSA RMM AFFORDED BY THE POLKAM OESCIMM HERON E SUBJECT TO ALL THE TERM E10CLLSRTN6 AWD C0 =710W ELF SUCH POUMM AOQJMUTE LWTS SHONM WAYHMB BEMNfi!>OUM BYPAID CLAM Lwl 1rPE0F61�Ifg11a:E Poucv 1QIHbLgt vouar pA 9/9/2002 NWIi A GEC UMM X cw.uAeanr CLUX � ocma GL 13510 9/9/2001 a 1,0001 00 50,000 NM E7I orWano vm=Q s m PERSMML 8 ADV DUMV a 0E47ALAGGWAAYE s 1, 000, 000 GENLAGOdMATEUKTAPPUEHPEIL• P LL' PRO-EM FlHOC PR a-C AGE s nn"Nomm UAe�m AWAVrO A LOWNWAVros SCHMIM RUMS NRW AVros NONaa»so auras uwr a 5Wa� s B : "° s UABOXV AW N" AMM&T-FAACCOEW s �F+AN s,►Aoc Ac6 s It MCpsuAen.rrr oauR CLAM MAM PEie s [ACNE i AGeriec�ATE �_ s s s s w6 oOr�elsAnoY ArD El�iarees r aaenm rrts EL EACH AODOR a ELOISFJIffi-EA s ELD -P000y Mfr s a OTHER PROFESSIONAL LSABILITY (E40) MPL 01778600 9/9/2001 9/9/2002 * LIMITS 1, c00, 000 DEiCNI WROFGPMA AOD®8Y f 16 * PROFESSIONAL LIABILITY -CLAIMS MADE FORM, AGGREGATE LIMIT POLICY. DEFENSE COST INCLUDED WITHIN LIMIT OF LIABILITY. THE CITY 08 HUl1TINGTON BEACH, ITS AGENT, OFFICERS AND EMPLOYEES ARE: NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY PER POLICY WORDING ATTACKED. CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES ATTZATION nAVID WEBB 20100 MAIN STREET i11GtlLpANrOP�tl9ABorE0QP01.DC�iBBOIUI�I.W BE�EINEI�IDIWUION HUNTI-1 cte nEReoP; n� es�sa� �oaeiwae�hwams 30 Ohio 1gRIf1Q1 ��� NpsICS1�DSAB�Re'ICk1EHD1O6RNAlED1pTME�P.PT HUNTINGTON BEACH CA 92648 a'PPROVED AS TO FORM: GAIL ITDUIT1011-11, ijitY AttozTa$� -ar IMPORTMT a the ceNt ate hvtder is an ADMONAL INSURED. The poGc as) must be endoged. A ddement on this awffa es does not confer rights la the P m Nfir, min honer In lieu of eueh endomenhe We). I SUBROGATION IS WAIVED, subjed to the terms and cwmfflknm of the poLT, aert m pdm mw *aquae an' endorsernerrt A ststemmht an this ceMboe does not confer rk Ms to the ewdeds holder in 6eu afaudh mhdorsernent(s). The Cute of Irmurance an the reverse sift of this form does nO oww t ft a aorh W beWmen The hhsnret(s), auUmrded repreamhlalm or producer, end the certtir i l hailer nor dges d afhrrns&* or negativity amend. a wW or der The coverage alfmdad bythe ocklm lmd Owwn. THIS ENDORSE1 ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 2611 N ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name a Person or croamsatrom CITY OF MUNTINGTON BEACH, I 2000 MAIN STREET HUNTINGTON BEACH. CA 92NO A e (if no entry appears above. InkmWition required to complete this andorsement win be shown in the Declaratlons as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown In the Schedule as an Insured but only with respect to liability arising out of your operations or premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. ATTACHED TO AND FORMING PART OF: GL 13510 TOPA INSURANCE COMPANY ISSUED TO: INFOSYS BUSINESS SOLUTIONS CopyfthL Ine mea se 1cm otftk Im., IBM M147 MN BEACH 2000an Street California 92648 DECLARATION of NON -EMPLOYER STATUS In order to comply with City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' 'Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: I OFoShS SLksigtss L.tli'I�t jS . �--L AddrE Applii Title: Location Signed: �y'WrI KIG-Tod -a"AcN Telephone Number: 2 j q - S 21 - 47 (06oz Date: 6 )zZM9 Su, tit PROFESSIONAL SERVICE CONTRACTS Hun' hPURCHASING CERTIFICATION 1. Requested by: Beverly Braden 2. Date: February 14, 2002 3. Name of consultant: InfoSys Business Solutions 4. Description of work to be performed: Mainframe/System software maintenance 5. Amount of the contract: $40,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 100.55101 . 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. HARD AMADRIL, Manager ;hasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Documentl 02/14/2002 8:25 AM Purchasing Certification: Responses to Items 10 & 11: For the past three (3) years the City has utilized the services of InfoSys Business Solutions to provide automation services for the maintenance and conversion of various applications on the mainframe Legacy System. The principal application writer and President of InfoSys Business Solutions originally helped to write the City's Legacy applications and therefore, has specific knowledge about these applications and system that other consultants do not possess. The City still has applications that need to be converted to the personal computer environment and therefore, is desirous of continuing contractual services with InfoSys Business Solutions. However, in the previous contract, the City entered into a monthly retainer for these services. This was primarily due to the "high volume" of work. Now that the need for services has reduced, staff feels that the most financially responsible contract is one based on an hourly rate and not on a monthly retainer. Therefore, the proposed contract is for an hourly rate, with the total contract price not to exceed forty thousand dollars ($40,000.00) for the balance of FY 2001-02.