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HomeMy WebLinkAboutInsightsoftware.com, Inc. - 2018-11-01PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSIGHTSOFTWARE.COM, INC. FOR HUBBLE FISCAL YEAR CHANGE REPORT UPDATES AND TRAINING 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 INSIGHTSOFTWARE.COM, INC., a Delaware corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform Hubble fiscal year change report updates and training; 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 Erin Klitzke who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs to $49 10/15 18-6954/191011 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 1, 2018 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year 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 Twenty Five Thousand Dollars ($25,000). 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 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." agree/surfnet/professional svcs to $49 10/15 18-6954/191011 2 of 11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS Except for any CITY data contained therein, CITY 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 ("Deliverables"), shall belong to CONSULTANT To the extent CITY acquires any rights in the Deliverables exclusive of CITY data, CITY hereby assigns those rights to CONSULTANT. Notwithstanding the foregoing, upon payment of the fees for the relevant services, CONSULTANT hereby grants to CITY a royalty -free, non-exclusive, non -transferable license to use the Deliverables provided as a part of the services for its own internal purposes. CONSULTANT reserves all of the rights not explicitly granted in this Agreement. 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 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. This indemnity shall apply to all claims and liability 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 CONSULTANT. agree/surfnet/profession al svcs to $49 10115 18-6954/191011 3 of 11 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 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. agree/surfnet/profession al svcs to $49 10115 18-6954/191011 4 of 11 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. 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 agree/surfnet/professional svcs to $49 10115 18-6954/191011 5 of 11 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. Upon fifteen (15) days written notice, 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 and upon payment in full for the foregoing, 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. 14. COPYRIGHTS/PATENTS INTENTIONALLY DELETED 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. agree/surfnet/professional svcs to $49 10115 18-6954/191011 6 of 11 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: Gilbert Garcia 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Insightsoftware.com ATTN: Erin Klitzke 5613 DTC Parkway, Suite 950 Greenwood Village, CO 80111 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 agree/surfnet/professional svcs to $49 10115 18-6954/191011 7 of 11 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 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. agree/surfnet/profession al Svcs to $49 10115 18-6954/191011 8 of 11 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. 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. agree/surfnet/professionalsvcs to $49 10115 18-6954/191011 9 of 11 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 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. 30. Liability and Warranty Disclaimer. In no event shall either party be liable for any indirect, incidental, special or consequential damages or damages for loss of revenue, use, data or profits or for business interruption, whether in any action in contract or tort, even if the other party has been advised of the possibility of such agree/surfnet/professional svcs to $49 10115 18-6954/ 191011 10 of 11 DocuSign Envelope ID: C0525288-3937-4081-971E-2EEC47B40CC0 damages. Each party agrees to take reasonable action to mitigate its damages. Except for the indemnity provisions hereunder, under no circumstances shall the total liability of CONSULTANT for all claims of any kind whatsoever, and under any theory of liability, exceed the total amount paid by CITY to CONSULTANT for the services, The allocation of liability in this Section 30 represents the agreed upon and bargained for understanding of the parties and each party's compensation hereunder reflects such allocations. All statutory and implied warranties, including the warranties of merchantability, noninfringement, course of performance and fitness for a particular purpose are hereby disclaimed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, INSIGHTSOFTWARECOM, INC. A Delaware Corporation DocuSigned by: Nmbw 30 October 2018 By: Wendy Harmon print name ITS: Chief Operating Officer AND By: Erin Klitzke print name ITS: US Director ofFinance agree/surfnet/professional svcs to $49 10/15 18-6954/191011 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director/Chief (Purstiant To HBMC §3-03. 100) APPROVED AS TO FORM: City Attorney .4.(,V Date RECEIVE AND FILE: Date &�4IL j&) City Clerk damages. Each party agrees to take reasonable action to mitigate its damages. Except for the indemnity provisions hereunder, under no circumstances shall the total liability of CONSULTANT for all claims of any kind whatsoever, and under any theory of liability, exceed the total amount paid by CITY to CONSULTANT for the services. The allocation of liability in this Section 30 represents the agreed upon and bargained for understanding of the parties and each party's compensation hereunder reflects such allocations. All statutory and implied warranties, including the warranties of merchantability, noninfringement, course of performance and fitness for a particular purpose are hereby disclaimed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, INSIGHTSOFTWARE.COM, INC. A Delaware Corporation LON Wendy Harmon print name ITS: Chief Operating Officer AND Erin Klitzke print name ITS: US Director of Finance agree/surfnet/professionalsvcs to $49 10115 18-6954/191011 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director/Chief. alursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Attorney lvVi/ RECEIVE AND FILE: Date City Clerk C;-6 r PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSIGHTSOFTWARE.COM FOR HUBBLE FISCAL YEAR CHANGE REPORT UPDATES AND TRAINING Table of Contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance........................................................................................................... 2 3 Term; Time of Performance................................................................................................ 2 4 Compensation......................................................................................................................2 5 Extra Work.......................................................................................................................... 2 6 Method of Payment............................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents....................................................... 3 8 Hold Harmless..................................................................................................................... 3 9 Professional Liability Insurance..............................................................................4 10 Certificate of Insurance....................................................................................................... 5 11 Independent Contractor....................................................................................................... 6 12 Termination of Agreement..................................................................................................6 13 Assignment and Delegation.................................................................................................. 6 14 Copyrights/Patents.............................................................................................................. 7 15 City Employees and Officials.............................................................................................. 7 16 Notices....................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................ 8 19 Section Headings................................................................................................................. 8 20 Interpretation of this Agreement......................................................................................... 8 21 Duplicate Original............................................................................................................... 9 22 Immigration.......................................................................................................................... 9 23 Legal Services Subcontracting Prohibited........................................................................... 9 24 Attorney's Fees..................................................................................................................... 10 25 Survival................................................................................................................................10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................10 28 Entirety.................................................................................................................................10 29 Effective Date................................................................................. I I EXHIBIT A Statement of Work �i sightsof tware City of Huntington Beach Hubble Fiscal Year Change Report Updates and Training This Statement of Work is a good faith estimate of the cost and quantity of the services required to complete the activities described below. Any activity that, in the opinion of the consultant, falls outside the scope of this Statement of Work, will not be addressed until a separate authorization has been received. Open Consultina Hours $6,800 in Open Consulting Hours. These hours will be used on demand to assist City of Huntington Beach implement their Hubble solution. Onsite hours will be charged against the Open Consulting Hours at a rate of $210/hour. Remote hours will be charged against the Open Consulting Hours at a rate of $180/hour. City of Huntington Beach will only be billed for the hours used. Any unused dollars/hours will expire 1 (one) year after the Services contract date. Planned Duration — Remote Consulti Based on information available as of September 2018 it is estimated that the tasks below can be completed in 40 hours. If additional hours are required to complete the tasks listed, the hourly rate shown below will apply. Note that any change in scope and / or specifications may impact this estimate. Timeline — Remote Consulti October/November 2018. We estimate it will take 2 - 3 weeks to complete the project once the Hubble Consultant(s) have access to City of HB's network and Hubble application. Consultants — Remote Consulti Seth Parker Michelle Werkmeister Joe Knipp Remote Consultina Scope Review and analyze the "Trial Balance Multi Year Comparison" report to determine if better performance and usability can be achieved for the fiscal date pattern period consolidation. This may include creating a new report from scratch and/or updating a copy of the existing report. We will be leveraging Hubble best practices and advanced functionality including but not limited to Designer Express, Virtual Views, Report Variables, and Advanced Calculations. City of HB Responsibilities: 1) Provide a detailed report specification report to be created 2) Provide access to technical resource /report owner for questions 3) Review, test and validate any new Hubble report(s) created and/or any changes or modifications made to any existing Hubble report(s) 4) Sign -Off on any new or modified Hubble report(s) Document Version: 1.3 1 Last Updated: January 7, 2015 Statement of Work — City of HIB 1-, isicghtsoftware Methodology — Remote Consulting 1. This work will be done remotely using a direct link into the CITY OF HB's environment. 2. The consultant will perform the work within City of HB's Hubble Reporting application. 3. The results will be reviewed, tested and approved by a customer representative. Acceptance Criteria — Remote Consultin The above work will be deemed complete when the Hubble consultant(s) have completed the report review and analysis and CITY OF HB has conducted successful user acceptance testing on any new or modified Hubble report(s). uired access and resources — Remote Consultin 1. Direct (VPN) access to the City of HB's network 2. Dedicated system and Hubble Reporting credentials for the consultant. If necessary, a separate Hubble Reporting license key can be provided for the consultant's use during the project. 3. City of HB technical and business resources must be readily available during the project. Hubble Implementation Services - Reporting Workshops Note: The focus of the workshop is knowledge transfer and to facilitate the hands-on approach, each participant needs to bring 2 - 4 reports to work on during the workshop. These will be used as learning tools and there is no guarantee that they will be completed by the end of the workshop sessions. Beginner 2-Day Class Session 1 Onsite (Day 1) — Mastering Your Data ■ Welcome & Introductions ■ Hubble overview ■ Reporting Lifecycle ■ Getting into the software — Building an inquiry/report from scratch o User Interface o Data Selection o Columns, more columns o Displaying Data o Output o Additional Options for Restructuring Data o Additional Design Options o Titles o Linking o Comment Columns o Designing for Console ■ Workshop time ■ Review / Wrap up Page 2 of 4 02014-2015 insightsoftware. com International. A# Rights Reserved Statement of Work — City of HB Session 2 Onsite (Day 2) —Transforming Data into Information ■ Review ■ Getting Data to Drive Action o User Defined Captions o Selectors o Calculations o Aging Categories o Time Series o Hierarchies o Report Management ■ Workshop time/Incorporating Advanced Topics ■ Discoveries Intermediate / Advanced 2-Dav Class Session 1 Onsite —Structuring Data ■ Welcome & Introductions ■ Hubble overview ■ Create Basic GL Inquiry (Review) ■ Power Pivot ■ Calculations ■ Hierarchies (Grid and Filter) ■ Configurator ■ Conditional Formatting ■ Discoveries ■ Group Activity Session 2 Onsite — Maximize Efficiencies ■ Review ■ Selectors ■ Reusable Inquiry Objects (RIO) ■ Report Packs ■ Report Bursting ■ Time Series ■ User Defined Filters ■ Discoveries ■ Group Activity Session 3 Onsite — Other Features and Review ■ Review ■ Comment Columns ■ Custom Columns ■ Custom Links ■ Designing for Explorers (if applicable) ■ Discoveries ■ Open Lab sghtsof tware Page 3 of 4 02014-2015 insightsoftware. com Intemationa/. All Rights Reserved. Statement of Work — City of HB in is ghtsoftware Acceptance Criteria — Reporting Workshops The above training will be deemed to be complete when: 1. The agenda items for Session 1 and Session 2 as detailed above have been completed. 2. That the facilitator has been available to provide advice and coaching for the full extent of the workshop times indicated above. 1. Required Facilities & Access — Reporting Workshops 2. A dedicated training room is needed for the entire workshop period. The training room must be equipped with a whiteboard and/or flip charts must be available. 3. The participants should have a PC or laptop from which to participate and should have their own access to your version of Hubble. 4. The facilitator will need a computer available with user IDs and passwords for full access to your version of Hubble and to your network as necessary. 5. We recommend the facilitator's Hubble user id should be added to the Admin Group, so they have access to all the user reports 6. The facilitator will need access to the training room 30 minutes prior to the start of the workshop 7. An overhead projector/central monitor must be connected to the facilitator's computer. 8. A Wi-Fi or cable connection to the internet is needed for the facilitator. 9. A technical contact should be available to assist in resolving any network, software install or licensing issues. 10. Access to Hubble Reporting Administration Tool should be available in the classroom either for the facilitator or for your Hubble administrator. 11. We recommend that you are on the most current version of the software application. 12. We recommend that printed copies of all training materials be available in the classroom. Expected Deliverables — Reporting Workshops The following deliverables will be provided to client: 1. Training as identified above. 2. Hubble Reporting User Guide —one hard copy per attendee. 3. Closing Summary report. Cost Open Consulting Hours: $6,800 (Onsite Rate = $210/hr Remote Rate = $180/hr) Consulting Cost: $7,200 (Up to 40 hours x $180.00/hour) Training Cost: $11,000 (2 2-Day Reporting workshop / 1- 11 users) Total Cost: $25,000 Materials: Reporting Guides Service Records: TBD Page 4 of 4 02014-2015 insightsoftware.com International. All Rights Reserved. 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: Open Consulting Hours: $6,800 (Onsite Rate = $210/hr Remote Rate = $180/hr) Consulting Cost: $7,200 (Up to 40 hours x $180.00/hour) Training Cost: $11,000 (2 2-Day Reporting workshop/ 1 -11 users) Total Cost: $25,000 B. Travel. Charges for time during travel are not reimbursable C. Billiniz 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 Surfnet Exhibit B hourly I 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. 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. Surfnet Exhibit B hourly 2 CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form OCT 10 PART Fingrice, Uepadmwt Date: 10/9/2018 Project Manager Name: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance 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: Hubble Fiscal Year Change Report Updates and Training 2) Estimated cost of the services being sought: $ 25,000 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 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 Council.) ® Yes ❑ No I Fisc Services Manager Signature (Purchasing Approval) 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 # Fiscal Year 18/19 Fiscal Year Fiscal Year Fiscal Year 10035205.69365 $25000 $ $ $ $ $ $ $ 15 V M©1-111A Budget Approval Head Signature(s) CKie&"i ancial Office[ Signature Assistant City Manager's Signature APPROVED k DF,D h nager's Signature 1 %/ Date! t) / g . Dat t 01 r5-1 IV - Date tv Irfil�- ate /6 • Z2-/V Date part 1 hubble fiscal year change report updates and training.doc REV: February 2015 is>gH+' N�4ITIPJGj CITY OF HUNTINGTON BEACH Professional Service Approval Forn- .n s y -'{ ®CF��(INTV.CP�,�d PR Date: 10/9/2018 Project Manager: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance 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: Insightsoftware.com 2) Contract Number: FIN (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $25,000 Account number Contractual Dollar Amount Business unit. object # Fiscal Year 18/19 Fiscal Year Fiscal Year Fiscal Year 10035205.69365 $25,000 $ $ $ 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. (o Department Head date (X* I �fz 64)C1,11, bff`-�IA�W - t�911WZ)7�k Fiscal Services Manager (Purchasing) ,/ v �W/4t-, 411A ri _ -411V �A4 BudgettManager Approval Signature �1 LA� (E� Chief Financial Officer (or designee) Signature Date part 2 insightsoftware.doc