Loading...
HomeMy WebLinkAboutXyon Business Solutions, Inc. - 2016-08-30AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND XYON BUSINESS SOLUTIONS, INC. FOR JDE UPGRADE AND TECHNICAL SUPPORT/TRAINING THIS AMENDMENT is made and entered into by and between the CITY of HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and XYON BUSINESS SOLUTIONS, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated August 30, 2016, entitled "Professional Services Contract Between the City of Huntington Beach and Xyon Business Solutions, Inc., for JDE Upgrade and Technical Support/Training," which agreement shall hereinafter be referred to as the "Original Agreement;" and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT, the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, and the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL WORK CONSULTANT shall provide to CITY such additional services as required by CITY, as described in the Original Agreement. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Fourteen Thousand Two Hundred Dollars ($14,200.00), in addition to the original sum of Seven Thousand Dollars ($7,000.00), for a new total not to exceed figure of Twenty-one Thousand Two Hundred Dollars ($21,200.00). TERM One year is added to the term of the agreement such that the agreement will expire on August 29, 2020. 17-5830/159346/RLS 5/31/17/DO 4. REAFFIRMATION Except s specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on / c:W/ % CONSULTANT XYON BUSINESS SOLUTIONS, INC., a California corporation By: L2 It L print name ITS: (circle one) Chairman/PresidentNice President AND Vt-A� 'wt,1 pr ITS: (circle on ecretar /Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a a municipal corporation of the State of California Chie o ation Officer INITIATED AND APPROVED: Chief Information Officer APPROVED City Attorney Djeo co1111% JIVIe REVIE E ND APPROVED: ity Manager Remlve and File City Clerk 17-5830/159346/RLS 5/31/17/DO 2 Z 4 b. • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND XYON BUSINESS SOLUTIONS. INC. FOR JDE UPGRADE ANDTECHNICAL SUPPORT/TRAdNING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of I luntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and XYON BUSINESS SOLUTIONS, INC.. a California corporation, hereinafter referred to as "CONSULTANT_" WHEREAS, CITY desires to engage the services of a consultant to provide technical support and training related to JDE upgrade and technical support/training; and Pursuant to documentation on file in the office of the City Clerk, the provisions of 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 said 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 sen-ices shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Kevin W. Loomis, 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. 16-53 84/ 142631DO 0 • 3_ TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULI"AN1' are to commence on Ai (A 20�(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 12 months 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 the 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 Seven Thousand Dollars ($7,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in ]Exhibit "A," CONSULTANT will undertake such work 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 all title to all materials prepared hereunder, includu-zg, without limitation, all original drawings, desinns, 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 16-5384/142633/DO 2 0 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, indcrzuufy 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 costs 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. 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 (S 1.000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express wrtten 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 16-5384/14?633/DO scope of work (including subsequent policies purchased as renewals or replacements)_ 1 19 E 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_ IfCONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to ffurms4 the CITY With required proof that insurance has been, procured and is in force and paid for,. the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANTs right to be paid for its time and materials expended prior to notification of termination_ I ri CONSULTANT waives the Tight 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 forego' insurance nsurance 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 thw. 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 of1premivan. CONSULTANT shall maintain the foregoing insurance coverap-c in force until foregoing. t- - the work under this Agreement is fully completed and accepted by CITY. 4 16-5384/142633,00 E • The requirement for tarn ing 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_ CONSULTANT shall secure at its 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 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 PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in waiting. notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, reports. and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND SUBCONTRACTING 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. 16-5384%1426331DO 0 14. COPYRIGHTS/PATENITS 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 CON'SULT.A-NT's agent (as designated in Section I hercinabove) • 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 -re- im receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Xyon Business Solutions, Inc. ATTN: Peter Yangg ATTN: Kevin W. Lomis 2000 Main Street 5995 Crow Court Huntington Beach, CA 92648 San Diego, CA 92120 17. CONSENT When CITY's consent/approval is required under this Agreement, its consem/appmval 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. • 6 16-5384/142633.00 • • 1 R. MODIFICATION No waiver or modifications 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 to require the commission of any act contrary to law, and whenever 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, 16-5384/142633/DO 7 • 9 and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it «-ithin the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and sided in counterparts as duplicate originals, each of which so executed shall. irrespective of the date of its execution and delivery, to 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 CffY: and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTOR-INrEY'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 attomey's fees f om the nonprevailing party. 16-5384/143633/DO W • 0 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 Agueement shall be governed and construed in accordance with the laws of the State of California_ 27. SIGNATORIES Each undersicyned 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 indern_nify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering* into this Agreement freely and voluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Aureement 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 a<-reement 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. 16_; 384,/ 142631 DO W 0 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. re I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed Z7 by and through their authorized offices the day, month and year first above ATitten. L_ CONSULTANT: XYON BUSMTTSUTION5,al� By: print name ITS: (circle one.) Chairrnc'p, Nice Pe,idew AND Bv:� prinflrntune ITS: (circle one) Secret inancial OfficeryAs Seuewy - Treasurer CITY OF HUNTINGTON BEACH. a municipal corporation of the State of California Chief iriform, 1 fficer APPROVED Attorney DI-1 mv RECEIVE FILE: �&hwdjlow City' Clerk Date. - / - ?)016 Is 10 16-53841'142633./D0 • EMBIT "A„ STATEMENT OF WORK: (FfarraMve of work to be performed) Brent Ofenstein and Brett Randolph ("Consultant), Xyon Business Solutions, Inc_, shall assist with performing J.D. Edwards technical configurable network computing (CPC), functional and programming area at the Cary of Huntington Beach. The Consultant shall provide his services as a JD Edwards functional consultant and a solution architect to meet the Ciy's business process requires gent with respect the functional areas. The senices of the Consultant shall be en2a--cd on an "as needed" basis based on mutual agreezzaent between the CI T Y employees and the Consultant. N either the City of M 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 fLxed time penod 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: i he Consultant will provide services in the following areas: 1. Advanced CIS (Utility biiing upgrade) project interface with JDE 2. Interface design and programming — Fire Inspection billing process with new requirements from Fire and Finance departments 3. Troubleshooting procurement issue in ME 4. Additional techncial CIVIC tasks for business process errharcerrients 5_ Consulting current JlDE business process enhancement and provide services if it requires additional programming and reporting C. CITrS DUTIES AND RESPONSIBIL(i IiES: 1. M2n2ge *esources 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 PROGRANYPROJECT 5CHE€ ULEa 1. Current schedule to start on August 2016, the Consultant will be avaiiabie teased 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 coi-npietion_ 1 • • • EXHIBIT "B" Payment Schedule 1 _ Charaes 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 others-ise arranged with CITY. ?. CONSU T-A-NT shall be entitled to payments in accordance to the direct time and material fee schedule below: Total fees shall not exceed Seven Thousand Dollars ($7,000.00). CONSL-LTANT a: —es to inform the CITY when CONSULTANT is at the point of reaching the maximum lint- CONSU TkNT shall not continue with any work effort over the amount of the maxilnum limit unless Est ar-Tnhorized in writing by City authorized .epresentative(s). ME Upgmde Budget CSF_ 7.000.00 Classification 114buriy Rate I Total Hours ` Total Cost JDE Consulting CNC services ! S160.001 I i I S?,400.00 .JDE Consulting Functional and progr-ammi122 services $I 15_Od 40 I S6_ :00.0 Sub To*al - Water Division Center S7,000_00 3. Delivery of work product: A copy of every memorandum_ letter. report. calculation and other documentation prepared by CONSLZTAINT 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 progitss payment dire_ Such invoice shall: 1) Reference -this Agreement; '} Describe the services performed_ 3) Show the total amount of the payment due; 4) Include a certification by a principal imember of CONSULTANTS 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 progess toward completion of tasks in accordance vvith 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 unreasanaNy 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 broucht into compliance, or until this Agreement has expired or is terminated as provided herein.. • 5. Any billings for extra work or additional scrvices authorized i:, advance and in writing by CITY stall be invoiced sepa_r—aely to CITY. Such :-v,)ice shall contain all of the information requited aboti.-e, and in addition shall list the hours expended and =10-2T1y rate charged for s.jch time. Such invoices shall be approved by CITY if the wo-k per o,rjed is in accordauce w. tb the extra utork or additional services requested, and if CITY is satisfied that zhe statement of hou-s worked and costs incurred is accurate. Such appror-al shall not be a reaso=-bl-, withheld_ Any - dispute between the parties conceming payrnent of suet an invoice shall be trcawd as separate and apart from the ongoing perio_rmance of the remainder of this A-uJ-eemer', • 0 t'iC± ON • BUSINESS SOLUTIONS I N C O R P O R A T E D • ADDRESSES AND NUMBERS CONTACTS Kevin W. Loomis Xyon Business Solutions, Inc. 5995 Crow Court San Diego, CA 92120 Phone: 619-501-4567 Fax: 619-501-4568 Individual consultant contacts: • Brent Ofenstein 714-404-2882 • Brett Randolph 949-291-4410 5995 Crow Court San Diego, CA 92120 619.501.4567 619.501.4568 Fax www.XyonGlobal.com B��BB San Diego Better Business Bureau C1 0 ' � CERTIFICATEOF LIABILITY INSURANCE DATE (MM1DDJYYYY) 8/16/2016 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. tHIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER T IF'CATE HOLDER. 1 IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). PRODUCER 'Leavitt Ins Agency of San Diego, Inc. CA License #OB7,2756 3636 Nobel Drive, Suite 100 San Diego CA 92122 CONTACT CL Central PHONE (866)216-6006 ACx No: {LISS)588-5709 E-MAIL cicsandie o@leavitt.com ADDREss: g INSURE!MS) AFFORDING COVERAGE NAIC# INSURER A :Sentinel insurance Company1000 INSURED Xyon Business Solutions Inc. - , 5995 Crow Court San Diego CA 92120 INSURERB:Dhilade1Dhia Indemnii. 118058 INSURER C: INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:16/17 REVISION )NUMBER: THIS IS TO CERTIFY THAT 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 NHICH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR I TYPE OF INSURANCE ADDL,S I B I I€'y POLICY NUMBER POLICY EFF MM'DD POLICYEXP IMMnDDfYYYY LIMITS GENERAL LIABILITY I I EACH OCCLRRENCE ; 5 1,000,000 I A '� �� COMMERCIAL --.GENERAL LIA -�tT" I .,DIMS -MACE � OCOJR X 1 !1 72SB_ ABO9147 /9/20i6 /9/2017 DAMAG—'— 0 NTE1 PREMIS .. tEau c::rrer,•ce1 15 1,000,000 I MEC IXr ir+ny cne person) 15 10,000 I I I PERSONAL & A.D`J INJURY IS Exclude j i I G_NERAy A0GREGATE Is 2,000,000 '. , GEN'L.AC;GRE�aAi LIMO APPLIESFER. PRODIJCTS-C-.'DMPOP.AGG S 2,000,000 I X i ?OLrOY 1`7 ?Rd- - F- T LOC _ _ _ _ _ _ _ ��UTOMOBiL€ i LIABILITY II ANY AUTO 19GDIL'Y "-"MEINE= SINGL`e LIMIT INJURY (Per person) S ALL Oi�.iJt=C �C,iE7L!LEO I ALr -c 14L.TOS �I NON-O`.1,'NED l nlR_ AUTCS AUTCS 13y: I F/ MICHAEL E. GATES CITY ATTORNEY 3 `•'I lCl '�k� BODILY !NJURY.;Pe-accident! 5 I PROPERaniDAMAGE I s - MY OF HUNTINGTON BEACH UMBRELLA LiAB OCCUR i f - EACY. OCCJRRENC.E Is �� EXCESS L1AB I I^LAI,'v'.SS.tAD�I AGGREGATE 5 E RETENTION S WORKERS COMPENSATIONI AND EMPLOYERS' LIABILITY YrN ANY ?RC?RIETOR:'PARTNERlF�CECU�'.V� Fj OFF ICER'ME%i aER aJtCL'JDE ? u (Mandatory in NH) N f A I i ! I '✓v`C S CTTii- I T ?v ! IM=TS I =R I J _.L. ERLH ACCi��EN7 15 ! E„L. DISEASE - EA EMPLOYEE , ' it yes describe unaer DE5CR1P11CN tOF OP°�RA"PIONS below A � E.L. ©ISE.AS%- POLItrY LIMIT I S B Professional Liability PHSB1142D33 6/11/2016 /1i/2017 I_achGaim 1,000,000 jAnnual,4ggregme 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES (AttachACORD 101, Additional Remarks Schedule; B more space is mquired) The City of Huntingtop Beach is included as an additional insured as required by written contract, per form ss 00 08 04 05 I L.tK I It-II.A I t HUL. 1tK City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELWERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE zcDeBusk/CADEBII J ACORD 25 (2010/05) INS025nni nro-,,, n. O 1988-2010 ACORD CORPORATION. All rights reserved. Th. Ar nQn nama anti Innn arc rcrricfcrcri markc of A('_rlPn • CITY OF HUNTINGTON BEACH ��. Professional Service Approval Form PART I Date: 8/1/2016 Project Manager Name: Peter S Yang Requested by Name if different from Project Manager: Department: Information Services RECEIVED AUG 08 2016 Finance Departmew I(a,I(64 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: JDE consultant Brent Ofenstein and Brett Randolph , Xyon Business Solutions, Inc , assist to perform JDE technical CNC and programming works at City of Huntington Beach 2) Estimated cost of the services being sought: $ 7,000.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If th .ate er to this question is "No," the contract will require approval from the City Council.) /g ❑ Yes ® No er Signature (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Date Account number Contractual Dollar Amount Business unit. object # Fiscal Year 2015/2016 Fiscal Year Fiscal Year Fiscal Year 10035205.69365 $7000 $ $ $ $ $ $ $ 1 PP Budget Approval 9 l C pa nt ead ignature(s) ,Ch f in cial O r Signature ssistan Ci geFs Sibnature APPROVEDJ�DDEJWhl C tyWager's Signature Date ql,v /�, Date !l G ge Date F1d_/6/ Date professional service approval form - part i 2016_brettrandolph.doc REV: February 2015 • CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 8/8/2016 Project Manager: Peter S Yang Requested by Name if different from Project Manager: Department: Information Services RECEIVED AUG 0 8 2016 Finance Departme-nt PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & Il MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Brent Ofenstein and Brett Randolph, Xyon Business Solutions Inc. 2) Contract Number: FIN 1-c� 1 fv Z (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $7,000 Account number Contractual Dollar Amount Business unit. object # Fiscal Year 2015/2016 Fiscal Year Fiscal Year Fiscal Year 10035205.69365 $7,000 $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Fiscal Serviceanager (PVchasing) Budget Manager Approval ature Chief Fin ncial Officer (or designee) Signature Date LP %(, Date kh 4l1.4 Date professional service approval form - part ii - august 8 2016.doc REV: February 2015 � 0 Z W Q 2 W U N - _ LL a U a�- ;« i E E "LLLLLLLL'LL� ----- nand 'm 9 m