HomeMy WebLinkAboutXyon Business Solutions, Inc. - 2011-11-16PROFESSIONAL SERVICES CON` ItkCT BETWEEN.
.CITE CITY OF HUNTINGTON BEACH AND
Xyon Business Solittions, Inn
FOR
TECIINICAL SERVICES PROVIDED BYBREA70FENSTEIN
TIESAGREEMENT ("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 you Basiness Soltitions, a Caffornia corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide the services
of Brent Ofenstein1fior technical considting; and
Pursuant to docurnentation on file in the office of the City Clerk-, the provisions of the
Fluntington Beach Municipal Code, Chapter 3.0' ), relating to procurement of professional service
contracts have been 'complied with; and
CONSULTANT has been selected to perform these services,
NOW, THERE FORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES,
CONSUL'I'ANT 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, Of�US� Oho shall rep resent
it and be, its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2 . CITY STAFF ASSISTANCE
CITE'
TY shall assign a staff coordillator to work directly with CONSULTANT in the
performance ofthis Agreement,
I
TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement, The services of CONSULTAN.Tare'to
commence on, N4911MM4&As A& 20_& (the "Commencement Date"). This Agreement
shall automatically terminatethree (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 one year from, the Commencement late, The time f6r perf6rmance of the tasks
identified in Exhibit "A." are.,gencrally to be sho.,,�,n 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,
CONSULTXNT shall be bound by all "terms and conditions as provided herein.
4. COMPENSATION
In consideration of the perf6miance of the services described herein, CITY agrees
to pay CONSULTANT on a tirne and materials basis at the rates specified in-Exbibit, "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not, to exceed thirty -two -thousand Dollars ($32,000.00).
5, EXTRA WOIZ�K
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
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work, only after receiving, written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the priorA,ritten approval of CITY is obtained.
6. ME THOD OF PAYMENT.
CONSULTANT shall be paid pursuant to the terms of Exhibit 113.0f
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCU AEN...-I'S
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 progra, . ms, 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 I IARMLESS
CONSULTANT hereby agrees to protect, defend; indemnify arid hold:. harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from anti
against any and all claims, damages, losses, expenses, judgments, demands and. defense costs
0 411
(including, \,vithout limitation, costs and fees offitigation of every nature or liability of arty _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 Agicernent by CONSULTANT, its
officers, agents or employees except such loss or damage which was. caused by the sole
negligence or willful inisconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve, selection of CONSULTANT's courisel, This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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applicable. The policy lirnits do not act aslimitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INS[JR-ANCE,
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 professional liability, in an amount not loss thanOne Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-meAtioned insurance
shall.not contain a self -insured retentionwithout,4he 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).
BCONSUL,` ANT shall notify- CITY of circumstances Or incidents that
might give rise to future claims,
CONSULTANT Nvill- 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 forec and paid for, the CITY shall have the right, at the, CITY's election, to
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forthwith terminate this. Agreement, Such terminationshall not affect Consultant's right to:be-
p id fo
r or its time': anti materials expended prior to notification of termination. CONTSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
perforined prior to approval of insurance by the CITY.
M QERTIFICA.,J]`-�' OF INSURANCE
Prier to commencing performance'of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance suf?j ect to approval of the. City Attorney evidencing the
foregoing insurancecoverage as required by this Agreement; the, certificate 'shall.
A. provide the narne 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 mept 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 Agreementis 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, ina prompt and timely
manner, the premiums on the insuraricc hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times >in the performance of this
Agreement as an independent contractor herein and not as an eI-AP toyee of CITY.
CONSUL'EANT 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, iiiconnection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEM.1,N' I
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's serviceshereunder at any tune 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 sha.1-1 be delivered to CONSULTANT as
provided herein. In the event of tern-fination, all finished and unfinished documcnts,.exhibits,
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT,
13. ASSIGNMENT ANDDELEGATION
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 subcontrd..ct is
approved, all approved assignees, delegates and subconsu.1t.ants must satisfj the insurance
requirements as set forth in Sections 9 and 10 hercinabove.
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14.. COP YRI GHTS/PATENTS
CITY shallown all rights to any patent or c6pyrighton any ork, item or material
produced as a'result of this: Agreement.
15. CITY'EMPLOYEES AND OFFICLA'LS
CONSULTANT shall employ no CITY official nor. any regular,C]TY , 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'pkqvisions of the California
"Government Code.
16. NOTICES
Any notices' —certificates,, or other communications hereunder: shall be aiven either
by personal delivery to, CONSULT-ANT's agent (as designated:inSection: I heminabove) or :to
CITY as the situation shall warrant; or by enclosin the.same in a sealed envelope, postage
prepaid, and depositing the.same in the United States.-PostaO 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 lather party via:
personal delivery, ,a reputable overnight carrier. or U. S. 'certified.mail-rettirn: receipt requested:
'1'0 CITY:
City of Beach
ATTIN:
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
4on BusinessSblulions
5995 Crow Court
San Diego, CA.92120
17. CONSENT
When CITY's consent/approval is requited: under this, Agreement; its
consent/approval for one transaction or event shall not: be deemed:to be a.: clonsent/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. SEMON HEADENGS
The titles, `captions, section, paragraph and subject beadings, and descriptive
phrases at the beginning of.the various sections in this Agreement are mere1yde-scriptive, 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, defi,ne,. limit or de'scribe, or construe ,the
intent of the parties or affect the construction or interpretation of any provision on 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, thisrAgeement, the
masculine or neuter gender and: singular or plural >number shall he deemed. to include the; :other
whenever the context so:4nclicates or requires... Nothing contained herein shall be construed so as
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to require the commission of any Act contrary to law. and:, Wherever' there: is any -conflict between
any provision contained herein :and any present or future statute, 1mvbrdinarice or regulation
contrary to which the parties have no right toy:contract, then; the latter, shall. prevail. and the;
provision of this Agreement which 'is hereby affected shall be curtailed and limited. only .to,the
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extent necessary to bring. it within- therequirements of the law.
21. DUPLICAMORIGIN AL
The originalof this Agreementand one or.,more coples,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 i ori nal. Each duplicate plicate original shall be
deemed an original ,instrurnent as aaaffist any varty who. has signed.it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance With the immigration
and, naturalization laws of the United States and shalbin particular, milply with the provisions
of the United States Code regarding employment verification,
2'. LEGAL SERVICES SUBCONTRACTING PROHIBITED.
CONSULTANT and CITY agree that CITY is not liable for payment of
subcontractor work: involving legaland I that legal services are ex ressly outside
services, and 9 p
the. scope of services contemplated hereunder,. CONSULTANT understands that :,purstiaht to
Huntington Beach City Charter Section 309., the City Attorney "is the exclusive legal counsel for
CITY; and CITY shall not be:liable,for payment of any legal services expenses incurred by
CONSULTANT.
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In- the event suit is brought by either party to construe. interpret and/ter enforce, the
teams <andlor provisions of this Agreement or tea secure the performance hereof, catch party shalt
bear itscawn atturney7s. fees, uch that the prevailing -; party sh4lII not be entiticd to recover its
attorney's fees from the nnaprev icing party.
3 tJRVIi AI,,
Terms and conditions ufthtis A rectnent which by their sense and context survive:
the expiration or tenninatidn of this Akreett ent, ,stall so survive.
This Asm-c rent shalt be governed and construed in: accordance, with the laws of
the State cif California.
SIONATORIES.
Dacia -undersigned represents.and warrants that its signature,hereinbelow has the
power, authority and right ;tobind their respective p4nics to each of the terns of this ,agreement„
and shah indcmnif CITY fully for any injurics car daaaaaages to CITY in, the, event that such
authority Or power is nut. in fact, acid by the signatory{ Or is k . tfi �..
C[?NlfLTANT's, initials
28.l`f`l
The panics acknowledge and agree that theyare entering into thus Agreement
freeely@-and voluntarily following; mensivc arms length, negotiation, and tat each has had the
opportunity to consult with legal ,counsel priceto executing this A rccmcnt� The parties also
acknowledge and agree that no represtntations, inducements. promis s, a rec:nac nts or
warranties, oral or othctwise, have been made by that party or anyone actingoon that party'
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124
behalf. which are riot embodied in this Agreement, and that that party has riot executed this
Agreement in reliance on arty 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 uiiderstandings.:and.agrcTnients "whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFFCTIVE DATE
INT WITNESS WHEREOF, the parties hereto have caused this Agreementto 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 ::W,hen ten-ninated as provided
herein..
CONSULTANT,
XJ-0fl Business Solutions, lnc-
COMPANY NAME
r. ---'
ITS, (circle one) Chairman/PrLsident/Vicc President
AND
By: Pe
print narne
ITS. (ch-de one.) Sccretary/Unief Financial Otficer/Asst.
Secretary —Treasurer
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CITY OF IJUNTINGTON BEACH,
a municipal corporation of the State of
California
Director/Chief
(hirsuant To H13WC§3,03. 100)
APPROVED ASTO FORM:
City AttorJVy DW-0 ti t L\
Date—�Z� ;-"0//
A. STATENfFNTOF WORK: 0i 'arrative of work to be performed)
Brent Ofenstein ("Consultant"), Xyon Business: Solutions Inc., shall provide the services
as.CNC; technical consultants of J.L. Edwards upgrade from Ne to. 9O update2 with tool
release 8.98.4 or current JDE release at the City of Huntington Beach. The Consultant
shall per erm deliverable services as a JIB Edwards technical consultant and to meet the
City's business process requirements with solid. CRP environmentfor user testing, and
go -live supports.
The consultant- services 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 `.tune-
and -material' basis as set forth in Exhibit "B" of this contract.
The Consultant will perform deliverable services and knowledge transfer, to city
employee(s) in the following; areas:
l.G6 live preparation review and tuning
2.Server, database, application security andusk views access
3 Migration data and custom code from. JDE Xe to 9.0 or new release
4.CNC & Administration net change knowledge transfer
5'Updates and Patches installed and tested
.Additional servers installation and configuration.
7.Go-live supports.
C., CITY S DUTIES AND SPONS DLI.,IT ES:
1. Manage' resources to assist the consultant to perform' the. requirements of duties
and responsibilities for the project
2. Document all new settings
1. Current schedule to start .on November 20.11; the Consultant will be available, based:
on project.phasesftasks and key.milestones
E sewers review and performance tuning.
;? Deployment Server
Enterprise Server
Database Server (SQL2008 2)
HT_ JAS`Server:(Webl.ogic)
• Setup Security and Task Views for.JDE users access
• Review conversation from:. DE.Xe to 9.0 release (document:the'process,
:
execute as needed)
• CNC a& Administration Training: JDE 9.0 net Ichange training with selected
topics covered,JDE Enterprise0ne Fools S.98 Gui es using CJPK toad or
documents
• Install Portal Server and configure single sign -on
®Go -live support (current target go -live date on 10/1/2012)
City will review the professional Consultant services as needed'after the project
completion-
EXHIBIT "B"
Payment Schedule
I. Charges for time' during travel are normally not reimbursable and will only be paid1f,such
time is actually used in performing services -for CITY or as otherwise arranged with CITY..
2. CONSULTANT shall be entitled to a full payment -toward the fixed .fee set>forth:herein in
accordance with the following:
Toted fees shall not. exceed Thirty-two Thousand Dollars ($32; 000. 00).:CONSULTANT agrees to
inform the CITY when CO TSULTANT is at the point: ,af` reaching the maximum::limit.
CONSULAT4AT.shall not continue with any work effort over the amount of `the mgxiinuni limit
unless_firstauthorized n4riting by City authorized representative(s).
IS - .IDE Upgrade Budget G5F. S32 000 00
Classification Hourly date Total Hours Total Cost,
JDE Consulting Services: $160 00 200 S3Z000.'00
Subtotal - IS Dept. - JDE Upgrade CNC 200 W, 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) Deference 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 CONSULTANrs firm that
the work has been performed in accordance with the provisions o this
Agreement; and
5) 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 byCITY. Such approval,shall not be unreasonably withheld. If CITYdoes not approve an
invoice, CITY shall notify CONSULTANT in writing, of the reasonsfor 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 acid 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 experided and,':hourly rate charged for such time:
I
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Such invoices shall be approved by CITY ifthe 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.
L
ACORQro112011
111/zo11
M CERTIFICATE OF LIABILITY INSURANCE DATEY)
PRODUCER Phone: (858)751.5888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Konecki Insurance Brokerage ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4858 Mercury Street, Suite 214 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
San Diego, CA 92111 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
License #: OEw61914 INSURERS AFFORDING COVERAGE I NAIC #
INSURED LJ-.4-F—A r'--l+v Inc Cn 41nnn
Xyon Business Solutions, Inc. INSURER@:.
5995 Crow Court INSURER C:
San Diego, CA 92120 NSURER D:
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
LTfRTYPE
ADD'
OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POUCY EXPIRATION
LIMITS
A
j N
GENFRALUABILITY
72SBA1309147
09/09/2011
09/09/2012
EACH OCCURRENCE
$ 1,000000
DANIA T RENTE
PREMISES Ea occurence
$ 1 OOO OOO
X COMMERCIAL GENERALUABILITY
CLAMSMADE 7 OCCUR
MED EXP(Anyoneperson)
S ___ 10,000
PERSONAL & ADV INJURY
$ Excluded
^
GENERAL AGGREGATE
$ 2,00 000
GEN'LAGGREGATEUMITAPPLIESPER:
PRODUCTS •COMPIOPAGG
$ 2000000
X POLICY PR0. J7 LOC
A
N
AUTOMOBILELIABILITY
ANY AUTO
728BABO9147
09/09/2011
09/09/2012 -
COMBINED SINGLELIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
ALL OWNEDAUTOS
SCHEDUtEDAUTOS
BODILYiNJURY
(Per accident)
$
X
X
HIREDAUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
ANY AUTO
$
AUTO ONLY: Am
EXCESSIUMBRELLA LIABILITY
—
EACH OCCURRENCE
$ ,
AGGREGATE
$
OCCUR CLAIMS MADE
$
DEDUCP SLE �
J NIFE '
McGRATH, City
Atto ey
$
RETENTICN $
WORKERS COMPENSATION AND
WC STATU- O R
El. EACH ACCIDENT
EMPLOYERS' UABILJN
ANY PROPRIEfORIPARTNERJEXECUTNE
E.L. DISEASE - EA EMPLOYE
$
OFFICERIMEMBER EXCLUDED?
If yes, describe undo
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT
S
B
OTHER
Prof. Liability
PHSD516796
06/11/2011
06/11/2012
General Aggregate
$1,000,000
Per Claim
$1,000,000
Deductible
$2,500
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder for evidence of insurance onily, Computer Consultants/Staffing Services
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
ACORD 25 1200110R1
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _0_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
O ACORD CORPORATION 1988
Printed by ERB on November 01, 2011 at 12:OOPM
CITY OF HUNTINGTONi -„
Professional Service
PART I
Date: 10/12/2011 Project Manager Name: Beverly Braden
Requested by Name if different from Project Manager: Behzad Zamanian
Department: Information Services
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY- MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Technical consulting services for the development and installation of Oracle J.D. Edwards
Enterprise One upgrade.
2) Estimated cost of the services being sought: $ 32,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) 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
5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted:
10040211.860e� $ 32,000 $
6) 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 — Contra t Li its of $30,000 or less exempt procedure will be utilized.
/v (7- l t
e ment Head ignature Date
D t of inance's Signature D to
10 ZS
D6puty,Wy Manager's Signature Date
anager's Signature
Date
t
1 c�i
CITY OF HUNTINGTON BEAC
t �
Professional Service Approval Forl
P41'
1
Date: 10/25/2011 Project Manager: Beverly Braden
Requested by Name if different from Project Manager: Behzad Zamanian
Department: Information Services
PARTS I & li OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& ►I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Xyon Business Solutions, Inc. / Brent Ofenstein
2) Contract Number: IS
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ 32,000.00
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.
DiActor of Finance (or designee) Signature Oate
JD Edwards Technical Consulting
Vendor List
AMX
346 Grand Loop, Suite 100
Rexburg, ID 83440
Attn: Rich Maurer
(208) 523-3671
GSI
3760 Sixes Road
Suite 126, PMB 240
Canton, GA 30114
Attn. John Bassett
(877) 474-4262 x 703
MASYC Group, Inc.
220 N. Tustin Avenue
Santa Ana, CA 92705
Attn: Russell R. Stenquist
(714)479-0900
CITY OF HUNTINGTON BEACH
MATTER
REQUEST FOR LEGAL SERVICES
in NO.
Jennifer McGrath, City Attorney
Date:11/02/11
Request made by:Beverly Braden Telephone: 5383
Department: Information Svcs.
INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the
request in the space marked "COMMENTS" and include facts necessary f9aC& Attorney to r�ond.
Please attach all pertinent documents, information, exhibits, any" ii elLv'tal deadlines and
contact information. NOV 01 �Ql
TYPE OF LEGAL SERVICES REQUESTED: "*i ,* tlVfM Ewa*
❑ Prepare Contract / Document ® Approve Document E-rVner Y'tTa Assistance / Project
/ Legal Research
RCA DEADLINE:
IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 11/9/11
Insufficient time to meet deadline, please note revised due date of
Th' ues w revie d a approved.
Date:
SignAure of Departmen ead
COMMENTS
Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting
that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS
and pertinent department contact information. JD Edwards update project requires specialized technical consulting. This agreement is with a Placement
Service for the hourly work provided by one specific contract consultant for the course of this project.
Shaded areas for City Attorney's Office use only.
This RLS is being returned for the following reason(s): ��❑
Need Department Head signature nlop
❑ Opinion previously rendered on (date) attached
❑ Insufficient data, please submit
❑ Attachment(s) missing
❑ Other:
Assigned Attorney: o '1 bill Ext.:
Assignment Date: ll -7 7-0 k 1
Secretary: 10a y" Ext.:
Due Date: t L
Matter Description: �q
❑ Advice Memo ❑ Agreement Negotiations ❑ Citizen Inquiry ❑ Civil Hearing ❑ Criminal Prosecution ❑ Document Approval Document Preparation
❑ Grievances ❑ Meeting Request ❑ Opinion ❑ Ordinance ❑ Pitchess ❑ Project ❑ Public Records Act ❑ RCA ❑ Report ❑ Resolution ❑ Workers' Comp
Notes:
L el
Date Completed:
1 3
RLS Form