HomeMy WebLinkAboutNETXACT, INC. - 2005-12-19Council/Agency Meeting Wd:L¢ /0
Deferred/Continued to: RECEIVE
City erk' Sign re
)kApproved ❑ Conditionally Approved ❑ Denied
Council Meeting Date: 12/19/05
Department Number: IS 05-007
4
If`f U1
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORAB E MAYOR AND CITY QOUNCIL MEMBERS
SUBMITTED BY: PENE PEJCULB
RETH-GRAFT, 1 Y ADMINISTRATOR
PREPARED BY: Jack Marshall, Information Services Director \
SUBJECT: Approve the Professional Services Contract between the City of
Huntington Beach and NetXact, Inc. for Information Services
Technical Support
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of issue:
Should the City Council approve a Professional Services Contract with NetXact, Inc. to
provide technical consultant services in support of the City's primary business systems'
application
Funding Source:
Current funding for this contract is available in FY 05/06 budget in Business Unit 30143002.
Information Services has estimated that $160,000 will be -required for NetXact, Inc. to
completethe work detailed on Exhibit A of this document. An additional $25,000 will be
budgeted for as -needed work for the balance of the three-year Professional Services contract
for a total of $185,000 requested.
Recommended Action:
Motion to approve and authorize the execution by the Mayor and City Clerk of the contract
between NetXact, Inc. and the City of Huntington Beach,
Alternative Action(s):
Do not approve the execution of contract between NetXact Inc. and the City of Huntington
Beach.
Analysis;
The purpose of this professional services contract is to provide technical software systems
support for the City's J.D. Edwards business software. The consultant providing this support
has worked with the City while permanent IS staff have been recruited and trained to
effectively provide this support. The consultant services will be phased -out' by 7/31/2006
with the completion of the projects detailed on Exhibit A of this document. The term of the
professional services contract with NetXact, Inc. will run for three years from the
commencement date of this contract so that the services are available on an as -needed
basis for projects requiring highly -specialized technical work.
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND NETXACT, INC.
FOR SUPPORT OF JDE BUSINESS SYSTEM SOFTWARE
Table of Contents
IScope
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
Entirety..... . ......................._..............................................................................10
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND NETXACT, INC.
FOR SUPPORT OF JDE BUSINESS SYSTEM SOFTWARE
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 NETXACT, INC, a California corporation hereinafter referred to
as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
technical support personnel; 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 Boban Petric 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.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement (the
"Commencement Date"). This Agreement shall automaticallyterminate 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 three (3) years 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.
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 One Hundred Ninety Two Thousand
Dollars ($192,000).
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."
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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 againstanyand 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 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 applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
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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 thanOne
Million Dollars ($1,000,000.00) 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 in excess of Two Thousand Five
Dollars ($2,500.00) 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. CONSULTANT shall notify CITY ofcircumstances 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.
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
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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. 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 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.
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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.
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.
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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: TO CONSULTANT:
City of Huntington Beach Netxact, Inc.
ATTN: Belhzad Zamanian Attn: Boban Petric
2000 Main, Street 44 Carver
Huntington Beach, CA 92648 Irvine, CA 92620
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
05agree/netxact 7
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 to require the commission of any act
contrary to law, and wherever there is any conflict between any provisioncontained 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
05agree/netxact 8
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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.
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.
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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 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.
05agree/netxact 10
NetXact, Inc.
Consent by Directors to Resolutions
12/06/05
The undersigned, being all of the directors of NetXact, Inc., a California corporation,
acting in accordance with the California Business Corporation Act, hereby consent
to the adoption of the following recitals and resolutions as. if adopted at a duly called
meeting of the board of directors of the corporation:
1. RESOLVED, that the contract between NetXact, Inc. and the City of Huntington
Beach is to be signed by Bohan Petrie, President of NetXact, Inc. Bohan Petric
performs the functions of President, Secretary and CFO of NetXact, Inc. His
signature is sufficient to bind NetXact, Inc.
Boban Petrie
Being all of the Directors of the Corporation
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on 4L-6gM d /9 , 2005.
NETXACT,=INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
j California
By: whg,nn ( �_ -
Boban Petric, President.
22,K�
AND Mayor
By:
print name A Ly Clerk /t�z%%ss�j
ITS: '(circle one) Secretary/Chief Financial Officer/Asst.
Of
Secretary -Treasurer.
APPROVED AS TO FORM:
Vr V�
REVIEWED AND APPROVED: t a� ' City A orney
INITIATE AND APPROVED:
C. y Administrator
L
Dir,p2or of Information Services
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EXHIBIT «A99
A. SCOPE OF WORK:
J. D. Edwards technical support and development of the following projects:
Projects; Start - End Date
• Position Control Project 11/1/05-1/15/05
This project is created to expand existing. Position Control module functionality,
to provide Labor Projection. The modifications will be done in such a manner not
to modify existing JDE applications, but rather to extend the process by providing
additional applications and reports. In this manner, the effort to retrofit this
functionality into a new release after an upgrade is minimized. The outcome of
this project will include custom applications and custom reports requested by
users.
• Labor Reporting Project 11/28/05-12/15/05
This project is created to provide the foundation for SB90 report and other
similar report. SB90 report will be _created in the first phase of the project.
Other similar reports may follow in subsequent phases. For labor reports,
employees' pays and benefits are summarized in 25 different categories.
The summarized data should be the same for all labor reports. The project will
consist of custom data dictionary items, tables, interactive applications, reports
and table conversions.
• JDE v. XE Enhancements Project
Part 1: Support for JDE hardware upgrade 11/28/05-1/31/05
The existing SQL server will be enhanced by adding more disk drives. This will
increase the performance and prepare the city for further growth of databases.
Servers HBITJDE1 and HBITJDES.are obsolete and out of warranty. They will be
replaced by one new server which will be used as a test/development server and as
a backup production server. The current Citrix servers are obsolete and will be
replaced by two new servers.
Part 2: Enhance current reporting options 12/1/05-4/l/06
Existing JDE reports may be enhanced. Additional reporting tools may be
implemented to provide manager -level user-friendly reporting.
Part 3: Support evaluation ofnew modules 12/l/05-4/l/06
Several new modules are being evaluated for implementation in-COHB. Provide
technical support for evaluation of new JDE modules.
• Technical and Application Support of JDE 11/l/05-4/30/06
This activity includes support of various processes, like fiscal year end
processes, calendar year end (W2s and 1099s) processes, retro'pay calculations.
Various custom reports and applications will be developed to address' process needs
of various departments. Technical activities like. JDE system administration, ESU
(Service Pack Update) application, package builds and deployment of applications
and reports are performed. The outcome of this project may include new custom JDE
applications, reports, reconfigured applications, and updated modules.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Provide consultant to the City capable accomplishing the tasks identified in
section A.
C. CITY'S DUTIES AND RESPONSIBILITIES
1. Provide direction and supervision as it relates to tasks identified in section A.
2. Assign a staff member to work with the Consultant in performance of this
agreement as necessary.
D. WORK PROGRAM/PROJECT' SCHEDULE:
This program does not 'involve a fixed schedule. The JDE technical resource'
shall be available to the City as needed to accomplish the tasks identified in
Section A.
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: $150 per hour
B. Travel
1. Charges for time during travel are not reimbursable:
2. Automobile expenses are not reimbursable. All other travel expenses must be
approved in advance by CITY in writing. Requests for approval shall be submitted
at least fourteen (14) daysin advance, to allow for reduced transportation fares.
Meals are not billable to CITY without prior written consent of CITY.
C. Billing
I All billing shall be done monthly in one -tenth -hour (0.10) increments.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent.
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 case or matter.
3. CONSULTANT shall submit to CITY an invoice for each monthly' payment due
based upon timesheets approved by CONSULTANT and CITY. Approval of the
timesheets by CITY shall constitute CITY's approval that the work has been
adequately performed in accordance with this Agreement. Such invoice shall:
(A) Reference this Agreement;
(B) Describe the services performed;
(C) Show the total amount of the payment due.
Upon submission of any such invoice, 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.
EXHIBIT B
agree/forms/exB hourly fee JDE Hourly Payment
ATTACHMENT #2_
^ INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1. Requested by: Christi Mendoza, Risk Management NOV 0 2 2005
2. Date: October 19, 2005 CRY vonutttstytv"09acf
3. Name of contractor/permittee: NetXact (Bohan Petric) ` CINAttome7vsO� fir-,
4. Description of work to be performed: Provides JDE OnwWorld technical ` support to
include CNC support, system administration, report development, interactive application
development, data conversion, training, user support, and documentation.
5. Value and length of contract: Not to exceed $192,000; year-round, ongoing basis
6. Waiver/modification request: Cancellation clause wording
7. Reason for request and why it should be granted: Unable to comply ,with the city's
insurance cancellation clause wording requirement
8. Identify the risks to the City in approving this waiver/modification: None
October 10, 2005
Department Hea2175Rgnature Date
APPROVALS
1. Risk Management
Approved ❑ Denied !/ d' : --
gi natdTEr bate
2. City Attorney's Office
pproved ❑`Denied �' r�
gnature Date
3. City Administrator's Office
Y(Approved ❑ 'Denied zYX
Sign re Date
NetXact Insurance
dnr. 10/19/2005 4:15:00 PM
7687 NetXact Acord Certificate (page I� 10/10/2005 11:52:27
ACORD CERTIFICATE OF LIABILITY INSURANCE
D10/10/2005
PRODUCER -- .'
TECHINSURANCE.COM
604 W.Betbany Drive Suite 208
Allen, TX, 75013
THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATION:'
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(800) 668-7020
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: The Hartford
INSURER B: ACE -American
NetXact
44 Carver
Irvine, CA 92620
INSURER c:
`
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICY EXPIRATION
DATE MMIDD
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F5q OCCUR
S 46 SBA BF8039 '
-
7/lb/2005
7/I6/2006
FIRE DAMAGE (Any one fire)
$ 300,000
MED EXP (Any one person)
$ 10,000 .
PERSONAL & ADV INJURY
$' 1,000,000
A
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:.
PRODUCTS- COMP/OP AGG
$ 2,000,000
X POLICY PRO -
JEO- LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$ 1 00Q000
BODILY INJURY
(Per. person)
$
A
X
'X
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON -OWNED AUTOS
46 SBABF8039
7/16/2005
7/16/2006
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
.AUTO ONLY - EA ACCIDENT.
$
OTHER THAN: EAACC
$
ANY AUTO:
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
.AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION. $
-WORKERS COMPENSATION AND
TORY LIMITS ER
E.L. EACH ACCIDENT..
$
EMPLOYERS' LIABILITY
E.LDISEASE -EA EMPLOYEE
$-
E.L. DISEASE - POLICY LIMIT
$
B
OTHER
PROFESSIONAL LIABILITY
CRL 147853
4/7/2005
4/7/2006
CLAIMS -MADE
OCCURENCE $1,000,000
(AGGREGATE :. $1,000,000.
FIDELITY BOND
.(Third Party Employee Dishonesty)
EACH OCCURRENCE
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The City Huntington Beach, its agents, officers and employees are addtional insureds as respects general liability insurance.
AP OVED AS TO EORMe
JE FER MC RRAT , 'tty Attorney'
CERTIFICATE HAI nFR I Ienrnnnnrer lord.acn• rMerrocw i .-D• CANCFI i ATir)N
PROFESSIONAL SERVICE CONTRACTS
Hu* m�� PURCHASING CERTIFICATION
1. Requested by: Rick Amadril
2. Date: October 10, 2005
3. Name of consultant: NetXact (Bohan Petric)
4. Attach the written statement of the specification, conditions and other
requirements for the requested services that was provided to solicted
consultatnts in your answer to 11 of this Vim.
5. Amount of the contract: $150yh#t 19 ,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 30144002
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? F� 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?''
El Yes, � No
10. Were (at least) informal written proposals requested of three consultants?
Yes, F 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.
RI ARD A DRIL, Manager
Purchasing/Central Services
1'If the answer to any these questions is "No," the contract will require approval from the City Council
Documentl 10/10/2005 5:16:00 PM
1 CITY OF HUNTINGTON BEACH
2000 Main Street, Huntington Beach, CA 92648
Declaration of Non -Employer Status
In order to comply with the City Council Resolution No. 6277, you are required
to provide proof of Workers' Compensation Insurance. If you haveno
employees, this form must be signed and returned to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92648
l 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 provision of the laws requiring Workers'
Compensation Insurance.
Applicant/Company Name: Nl k� k c% N C
Address: _ LiLt J R [ 2 y t N c C p, g 2 6 2 o
Applicant's Signature:
Title: OI \Q-c C� %oti
Location Signed: C! ts 6E A,„a
Telephone Number: qLi 9- 1�+8 — 9 9 e2-
IFER
City AttcZCxe:' ..
#ate of California Li.
=�9 a�. m Secretary of State
o
STATEMENT OF INFORMATION
(Domestic Stock Corporation)
FEES(Filing and Disclosure): $25.00. If amendment see instructions.
IMPORTANT = READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
t _ CORPORATE NAME (Please do not alter if name is preprinted.)
C2349503
NETXACT, INC_
44 CARVER
1RVINE CA 92620
This Space For Filing Use Only
DUE DATE: 07-31-05;
CALIFORNIA CORPORATE DISCLOSURE ACT (Corporations Code section 1502.1)
A publicly traded corporation must file with the Secretary of State a Corporate Disclosure Statement (Form Sl-PT) annually, within 150 days
after the end of its fiscal year. Please see reverse for additional information regarding ublicl traded corporations.
NO CHANGE STATEMENT
2. E If there has been no change in any of the information contained in the last Statement of Information filed with the Secretary of State, check
the box and proceed to Item 15_
If there have been any changes to the information contained in the last Statement of Information filed with the Secretary of State, or no
statement has been previously filed, this form must be completed in its entirety_
COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 3 and 4 cannot be P.O. Boxes.)
3. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE ZIP CODE
C A cz = 9, M\11 ME I CA 19 2 2
4. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE 1N CALIFORNIA, IF ANY CITY STATE ZIP CODE
CA
NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING' OFFICERS (The corporation must have these three officers. A comparable title
for the specific officer may be added; however, the preprinted titles on this form must not be altered.)
5. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY AND STATE ZIP CODE
l?- i 9-1C y4 CRtL-tt2 Rv1tj" C� 92-GZ0
6. SECRETARY/ ADDRESS CITY AND S`ZIP CODE
e{� /� rr nn /�T�ATE
7_ CHIEF FINANCIAL OFFICER/ ' ADDRESS CITY AND STATE ZIP CODE
uo k k(2-kc L4L4 CARXE(L- I WE CA q 2620
NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (Tie corporation
must have at least one director. Attach additional pages, if necessary.) ,
8. NAME ADDRESS CITY AND STATE ZIP CODE
4 C +Z�I t i2 v I tJ ` CIA �12620
9. NAME ADDRESS CITY AND;STATE ZIP CODE
10. NAME ADDRESS CITY AND STATE ZIP CODE
I t _ NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:
AGENT FOR SERVICE OF PROCESS (if the agent is an individual, the agent must reside in California and item 13 must be completed with a California '
address. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code
section t 505 and Item 13 must be left blank.)
12. NAME OF AGENT FOR SERVICE OF PROCESS
13. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA 1F AN INDIVIDUAL CITY STATE ZIP CODE
44 C&";E 9-- IP-\1 I O AE CA C1 -1 G 2_0
TYPE OF BUSINESS
14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
CONSt1 t_ t 1rAG C--S
15. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN,
INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT.
�n t >R tJ �c-'-1 CZ� C 1! o, C�{� 5 / 2-4 1/ C
TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGNATURE TITLE DATE
St 200 N/C (REV 03/2005) APPROVED BY SECRETARY OF STATE
II0CA ROUTING SWcET
INITIATINGDEPARTMENT:
Information Services
SUBJECT:
Approve Professional Services Agreement between the
City of Huntington Beach and NetXact, Inc. for
Information Services Technical Support
COUNCIL MEETING DATE:
December 19 2005
RCA: ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not A plicable
❑
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
❑
(Signed in full by the City Attorney)
Subleases, Third Party Agreements, etc.
Attached
Not Applicable
❑
❑
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the City Attorney)
( Inln Y tY Y}
Attached
Not Applicable
❑
❑
Impact Statement (Unbudget, over.$5,000)
Attached
Not Applicable
ElFiscal
(If applicable)
Attached
Not Applicable
El
❑
Staff Report (If applicable)
Attached
Not Applicable
❑
Commission, Board or Committee Report If applicable)
p ( pp )
Attached
Not Applicable
❑
❑
Findin s/Conditions for Approval and/or Denial
g pp
Attached
Not Applicable
❑
EXPLANATION FOR.RtETURN.. OF ITEM;.
RCA Author:
CITY OF HUNTINGTON BEACH
• 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 28, 2005
Netxact, Inc.
Attn: Boban Petrie
44 Carver
Irvine, CA 92620-3317
Dear Mr. Petrie,
Enclosed is a duly executed copy of the Agreement between the City of
Huntington Beach and`NetXact, Inc. for support of the JDE Business System
Software.
Sincerely,
oar L. Flynn
City Clerk
Enclosure: Agreement
G:foI1owup:agrmt1tr
1Telephone: 714536-5227