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HomeMy WebLinkAboutXyon Business Solutions, Inc. - 2009-06-16n .j.j CONTRACTS SUBIVIITTht�� uqT;q 17 AV 10: 55 CITY CLERKS OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Xyon Business Solutions, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park ME Consulting Services Amount of Contract: $17,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. El to Risk Management F1 Finance Dept. F1 ORIGINAL bonds sent to Treasurer R -144 Date: 4Nae&lEsiont City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND X:er>h lLs►lless 6lu ems J�Q FOR + JD E �Sujti �l5 Skryi-a-s Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Inc FOR 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 . 'y � aus�; h Pss s6 /U t - S' , a r� rp e�r& l 0 P? hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to iX01e �7/D - C'.tM9-& 1 t7-h5 Y&- W-S ; 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 Prett Radd who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to $49 12-07 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ::�U tl tO— (o , 20U� (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 5 A' Map.* from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed !�—Pyeotee n Thou s-G,ho!s Dollars ($ 1?, 006, © ° ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agree/surfnet/professionalsvcs to $49 12-07 2 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svcsto $49 12-07 3 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "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. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional sves to $49 12-07 4 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/professionalsvcs to $49 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional svcsto $49 12-07 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach R4.5,_AeS-.S S � -'l �. 1 C ATTN: )4awtctrd ._Tz)hA5ao 2000 Main Street s S C'_�'cn d o u r Huntington Beach, CA 92648 agree/surfnet/professional svcs to $49 12-07 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agree/surfnet/professional svcsto $49 12-07 8 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professionalsvcs to $49 12-07 9 24. A'1`TORNI:Y'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof., each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by tXs:�ignor i w` drawn. C'OMSULTANT's initials 28. EWIRETY 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 agreelsurfnalprofLssionai svL:s to 549 i ^-O7 10 belialf. which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance (in 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 pasties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties her have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of" X yCh es, J, California el CONI PA N Y N AM U. Bv: It L DircctorX4 (Pursuant To HBAIC§3�03. 100) print mane ITS. (circie one/ PresidCnt AND ITS: Ycircle Secretary -- T svcs to S49 12-107 ( Financial OfficcrAsst. APPROVED AS TO FORM: flity Attorney �(pa Date --,�Q A Q I �., :2,P-eD5-- EXHIBIT "Alf A. STATEMENT OF WORK: (Narrative of work to be performed) Brett Randolph ("Consultant"), Xyon Business Solutions, Inc., shall assist with implementating J.D. Edwards Inventory and Stock -Based Procurement at the City of Huntington Beach. The Consultant shall provide his services as a JD Edwards functional consultant and a solution architect to meet the City's business process requirement with respect the functional areas of Inventory and Procurment. The services of the Consultant shall be engaged on an "as needed" basis based on mutual agreement between the CITY employees and the Consultant. Neither the City of HB nor the Consultant is under any obligation to continue the engagement beyond one day's commitment at a time. It is understood that not all work may be completed within any fixed time period set forth by either party, therefore, this engagement may not be construed as a "fixed bid" for work. The Consultant will be compensated purely on 'time -and -material' basis as set forth in Exhibit "B" of this contract. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The Consultant will provide services in the following areas: 1. Configuration and setup of JDE Inventory module and related stock -based Procurement module 2. Interface design — Requisition and Items availability's specifications, mappings, and integration with new custom system interfaces 3. Unit testing of standard and custom applications 4. Users Training C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Manage resources to assist the consultant to perform the requirements of duties and responsibilities for the project 2. Document all new settings and interface design specifications D. WORK PROGRAM/PROJECT SCHEDULE: 1. Current schedule to start prototype on June 2009; the Consultant will be available based on project phases and key milestones as specified in Exhibit A. 1. 2. City will review the professional Consultant services as needed after the project completion. Exhibit A.I JDE Inventory and stock -based Procurement Project Phases and Key Milestones 1. Sco in Generate a high-level assessment of project scope 2. Detailed Process Modeling/Design Determine business process requirements. Document detailed requirements and receive sign-offfrom stakeholders 3. Build and Test Focus on business data, development of custom reports, application configuration and unit testing. 4. Prototype Solution Walkthrough Demonstration of business process solution (prototype) as modeled. Document gaps and initiate remediation. Receive sign-offfrom primary stakeholders 5. Cutover Planning Determine and document detailed steps for go -live transition. A `dry -run' of cutover tasks in a test environment is generally recommended 6. Integrated Testing / User Acceptance Testing System mock -run executed by the business process owners under IT supervision. Test all functions within the project scope to insure expected functionality as well as system integrity. Receive sign -off. 7. End User Training Detailed script -based training conducted by the project core team for the end -users of the system 8. Go -Live Final cutover, data conversions and system setup Milestone Duration Start Date Finish Date 1. Scoping 1 day 6/20/09 6/20/09 2. Detailed Process Modeling — Requirements gathering, 2 day 6/21/09 6/22/09 and Analysis 3. Build and Test 6 days 6/27/09 7/10/09 • System Configuration/unit-testing • Custom Reports • Data Conversion — Design & Development • SOP's and User Scripts 4. Prototype Solution Walkthrough 1 days 7/13/09 7/13/09 • Gap analysis and Remediation • Sign -off 5. End User Training 2 day 7/14/09 7/15/09 6. Cutover Planning 1 day 7/16/09 7/16/09 7. Integrated Testing (user acceptance testing) 1 day 7/21/09 7/21/09 8. Go -live 1 day 8/1/09 8/1/09 • Final cutover • Programmatic conversions • Other system prep work 9. Post live support (if needed) Up to 6 days 8/l/09 8/31/09 TOTAL: 21 days 6/2/09 8/28/09 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payments in accordance to the direct time and material fee schedule below: Total fees shall not exceed Seventeen Thousand Dollars ($17,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). Water Division Budget GSF: 17,000.00 Total Classification Hourly Rate Hours Total Cost JDE Consulting services $ 100.00 170 $17,000.00 Sub Total — Water Division Center I 1 170 1 $17,000.00 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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 jmp/contracts group/exB-1/5/26/09 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. jmp/contracts group/exB-1/5/26/09 2 AC®R® CERTIFICATE Off' LIABILITY INSURANCE rM DATE(MM/DDrYYYY) 06111/2009 PRODUCER Phone: (SW)751451M Konecki Insurance Brokerage 4858 Mercury Street, Suite 214 San Diego, CA 92111 License #: OE61914 THIS, CERTIFICATE IS ISSUED AS A MATTER OF 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Xyon Business Solutions, Inc. 5995 Crow Court San Diego, CA 92120 INSURERA Philadelphia Insurance Company INSURER B- INSURER C: INSURER D: INSURER E CAVFRAGFS 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 ADErL NSR10 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATFIMMIDONYi LIMITS _kM GENERAL LIABILITY EACH OCCURRENCE $ RENTEDDAMAGE TO PREMISE Ea occurence $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSAIMBRELLA LIABILITY ED AS EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ JE I F 2 R cG TI, i y $ /mey $ DEDUCTIBLE /n/ $ RETENTION $ WC STI O WORKERS COMPENSATION AND IT R E.L. EACH ACCIDENT $ EMPLOYERS LIABILITY ANY PROPRIETORtPARTNERIEXECUTIVE E.L. DISEASE- EA EMPLOYE $ OFFICER(MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ A Prof. Liability PHSD426852 06/11/2009 06/11/2010 $1,000,000 Per Claim �GeneralAggregat1$2,500 $1,000,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Computer Consultants/Staffing Services r`FRTICN,ATF Wn1 nFR r`ANCFLLATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Huntington Beach N0710E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 90 SHALL 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Huntington Beach, CA 926M REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JSM ACORD 25 (2001/08) tl W ACURD GURNUKA I Ivry I VISU Printed by JSM on June 11, 2009 at 12:56PM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 26 (20011081 Printed by JSM on June 11, 2009 at 12:56PM CITY OF HUNTINGT®N -EACH Professional Service Contracts Purchasing Certification 1. Date: 5/28/2009 2. Contract Number: PWK 00902300 3. Department: Public Works 4. Requested by: Howard Johnson /Behzad Zamanian S. Name of consultant: Xyoa(n Business Solutions, Inc./Brett Randolph 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. Exhibit "A" and "A.1" 7. Amount of the contract: $17,000.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. 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 contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15. Attach list of consultants from whom pro osals were requested (including a contact telephone number). Kevin Loomis 619-501-4567 Ai4 Brett Randolph 949-291-4410 16. Attach proposed scope of work. Exhibit "A" and "A.1" 17. Attach proposed payment schedule. Exhibit B Department He I ignature 1. If the answer to this question is "No," the contract will require approval from the City Council.