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HomeMy WebLinkAboutEnterprise Technologies Services, LLC - 2014-11-031CONTRACT SUBMITTAL TO CITY CLERK'S OFFICE To: Robin Estanislau, City Clerk Name of Contractor: Enterprise Technology Services, LLC Purpose of Contract: JD Edwards Functional Consulting Services Amount of Contract: $70,000 Copy of contract distributed to The original insurance certificate/waiver distributec ❑ Initiating Dept to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ ® Copy of current insurance and/or waiver (approved by attorney) ® Proof of Liability Insurance ❑ If over $30,000 — 3 03 List or Intraagency Agreement attached ❑ If over $50,000 — has City Manager's signature ® Contract dated and signed by all parties ® All Exhibits complete and attached ❑ Any changes initialed by both parties Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: 7/8/16 40010 //— 3-d-0110-1 -d- a,?3,fO G AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENTERPRISE TECHNOLOGY SERVICES, LLC FOR JD EDWARDS FUNCTIONAL CONSULTING SERVICES 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 ENTERPRISE TECHNOLOGY SERVICES, LLC, a Limited Liability Company, hereinafter referred to as "Consultant " WHEREAS, City and Consultant are parties to that certain agreement, dated November 3, 2014, entitled "Professional Services Contract Between the City of Huntington Beach and Enterprise Technology Services, LLC, for JD Edwards Functional Consulting Services, 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, and the additional compensation to be paid in consideration thereof by City to Consultant, City NOW, THEREFORE, it is agreed by City and Consultant as follows• 1. ADDITIONAL WORK Consultant shall provide to City such additional services as required by 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 Ten Thousand Dollars ($10,000 00), in addition to the Original Amount of Sixty Thousand Dollars, for a new total sum not to exceed of Seventy Thousand Dollars ($70,000.00). 3 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. RLS 6/6/16/16-5287/137518/DO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers \7u o_)E & ., , _o lb CONSULTANT ENTERPRISE TECHNOLOGY SERVICES, LLC, a Limited Liability Company By GG(fd (pnnt or type name) Its r2�3 fruT By (runt or tyre name) Its CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPROVED - of Financial Officer Attorney VksS bAcA & :b,/ RLS 6/6/16/16-5287/137518/DO 2 t 'a�oRD� CERTIFICATE OF LIABILITY INSURANCE OATEIMHIDDNYYYI — 1 _4/6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ^ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL_ INSURED provisions or be endorsed If SUBROGATION IS WAIVED„subject to the terms and conditions of the policy, certain policies may require an endomement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER Patriot Risk & Insurance Services I NAMTACT E _ 100 Spectrum Center Drive, Suite #400 owe - — - -Pax Irvine, CA 92618 ��nor FJp1. L9491486.7900 _ _ jAfCiNoj _ L949) 486-7rJ50 www patrisk cons OK07568 INSURED Enterprise Technology Services, LLC 333 City Blvd West, Suite 1700 Orange CA 92868 t r1nVFRAnPR rFRTIF1r:ATF RIIIIIARFA MGR9s§, IISURFR$j_AFFORDINGCOVERAGE _ _ NAICS INSURER A Vailey_Forge Insurance Company 20508 INSURCR e - Continental Casualty Company + _2Q443 gisURen C Hartford -Insurance Company of the Midwest , 37478 INSURERD— !"gRER E O r-WICIn Al Id I raAo co 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 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERFAS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ - r `A�RL'SUE)R� EFF f Tp plMMOrryl(y I - - TYPE OF INSURANCE MVVJDICDY POLICY NUMBER- YYY)I LIMITS A r/ COMMERCIAL GENERAL LIABILITY �/ :84018069518 12/26/2016 1212612017 EACH OCCURRENCE 'S 2,000,000 ` CLAIMS -MADE ✓ OCCUR I AiE 4 TU—mar TEO ' t ( I OAU , ;, PREMISES jEg ocgyts9m9I 'S - 300,000 MEDEXPiAnyoueporson) S 10,000 PERSONAL d AOV INJURY 'S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER I f GENERAL AGGREGATE ' S I t - -c -- 400,000 - PRO- F I ✓ POLICY JECT _ _ LOC i PRODUCTS COMPIOP AGO I 'S _4.000,000 - OTHER A AUTofiOUILSLIABILITY ,B4018069518 2/26120-16 2/26/2017 COM81NE0SINGLE LIAIT g 1,0001000 i ANY AUTO BODILY INJURY (Per poison) S ' OWNED SCHEOULED BODILY INJURY (Por aovdant) S AUTO$ ONLY ,, AUTOS , 1 HIRED NON-OYMED , PROPERIYOAMAGE AUTOS ONLY ✓ t AUTOS ONLY F I ✓ i i ' I S UMBRELLALIAR i ✓ OCCUR ' `84018070944 i 2226/2016 1212612017 EACHOCCURRENCE _ "s i 1,000,000 +ExCE33LIAR L �CWHSl,1ADE1 I 1 FAGGREGATE-S 1,0Q0,000 r — -- OEO ' ✓ , RETENTIONS 10,000 3 (` WORKERS COMPENSATION 72WECGI5627 +, 4/0/2016 . 4/6/2017 PSR OTH- ✓ 1 STA�rrrE i _ y€R AND EMPLOYCRS' LIABILITY V 1 N Y1,000,0()0 EL EACH ACC_[DENT _S ANYPROPRiETORrPARTNERJEXECUTNE [:]'NIA 'OFFICEMIELIBEREXCLUDED? (Mandatory In NHI E L OISEASE EA EMPLOYEE S 1,000.000 If yypps, descMe under - - _ DESCRIPTIONOFOPERATIONS bckm , EL. DISEASE POLICY WAIT S 1,000,000 A Errors & Omissfons (E&O) 184018069518 2/26/2016 2/26/2017 i Limit $1,000,0001 Aggregate $1,000,000 Ratio Date 2/8/2010 Deductible $2,500 i 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remafko Schadule, may ho attached If morotpaco fs required) Re Operations usual to the named Insured City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insured as respects to General Liability per endorsements attached where required by written contract 30 days notice of cancellation, 10 days for ttD�l-� ep�p;DlArpinlHr T® F 0 R M da Cil7VGIrJH �I 1129 City of Huntington Beach By: Iichael Gates, Cit AttOrn .y —SHOULD ANY OP THE ABOVE DESCRI13EO POLiciEs BE CANCELLED BEFORE Y $ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn, Jim Slobojan ACCORDANCE WITHTHE:POLICY PROVISIONS 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Leonard E Ziminslc , r n 14RR.2015 Ar nPn c,nRpnRATION All riahm reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD :L A. -,.k trl, r-.-.,, _ t. I a _ -.a J av 1r,-1 rrz.. -r ^.A -n r•i'.. r. r ,, ,, r. mI p.• . Say .11r r•a i. , ,- I is B4018069518 SS-146932-E CNA Enterprise Technology Services, LLC (Ed 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following- BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" ansing out of "your products" which are distributed or sotd in the regular course of the vendor's business, subject to the following additional exclusions 1, The insurance afforded the vendor does not apply to a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, b Any express warranty unauthorized by you, c. Any physical or chemical change in the product made intentionally by the vendor, d Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products, f, Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, 9 Products which, after distribution or safe by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or h "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to (1) The exceptions contained in Subparagraphs d. or f ; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dtstnbubon or sale of the products 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy 4, This provision 2 does not apply if "bodily lnjury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h, below whom you are required to add as an additional Insured on this policy under a written contract or - agreement but the written contract or agreement must be 1. Currently in effect or becoming effective during the term of this policy, and 2 Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein a. Additional Insured —Your Work That person or organizallen for whom you do work is an additional Insured solely for liability SS-146932-E Page 1 of 5 (Ed 06111) ,ar 1a Ir rd. {. t41 ?, •••,• _n. 9•f 13 d4 rfC'7 ir. 1 • CNA SB-146932-E (Ed 06111) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement No coverage applies to performed for the state or municipality liability resulting from the sole negligence of the additional insured, c, Controlling interest g The insurance provided to the addilional Any persons or organizations with a insured is limited as follows controlling interest in you but only with respect to their liability arising out of (1) The Limits of Insurance applicable to the additional insured are those specified in (1) Their financial control of you, or the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less These Limits of premises Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does riot apply to structural in the Declarations alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured insured by this endorsement and paragraph F.9, of the definition of "insured d. Managers or lessors of Premises contract" under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to "bodily respect to liability arising out of the ownership, injury" or "property damage" maintenance or use of that specific part of the arising out of the "products -completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions written contract or written agreement. (3) The insurance provided to the additional This insurance does not apply to insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises, advertising injury" arising out of the or rendering or failure to render any professional services, (2) Structural alterations, new construction or demolition operations performed by or on b. State or Political Subdivisions behalf of such addlhonal insured A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver following provisions A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you, own, rent, or control and to which this This insurance does not apply to structural insurance applies, alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured, advertising signs, awnings, canopies, f. Owners/Other Interests — Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures, or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following additional exclusions removal of elevators; or (2) This insurance applies only with respect This insurance does not apply to. to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land, or subdivision has issued a permit, SB-146932-E Page 2 of 5 (Ed 06111) 'fl^ 9' � ]•P ♦ • rl�+ /il ,f l� "L! it Pa t_la� . •I- � `]rP^1r z (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional Insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this Insurance but only with respect to the co -owners liability as co- owner of such premises h Lessor of Equipment Any person or organization from whom you lease equipment Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization A person's or organization's status as an Insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends With respect to the Insurance afforded these additional Insureds, the following additional exclusions apply' This insurance does not apply (1) To any "occurrence" which takes place after the equipment lease expires, or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additionai insured Any insurance provided to an additional Insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard," 3 The following Is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H Other insurance 4. This insurance is excess over any other insurance naming the additional insured as an Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing 4. LEGAL LIABILITY —DAMAGE TO PREMISES A, tinder B Exclusions, 1 Applicable to Business Liability Coverage, Exclusion k SB-146932-E (Ed 06/11) Damage To Property, is replaced by the following k. Damage To Property "Property damage" to 1. Property you own, rent or occupy, including any costs or expenses, incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, Z Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises, 3. Property loaned to you, 4. Personal property in the care, Custody or control of the insured, S. That particular part of any real properly on which you or any contractors or subcontractors working directly or Indirectly in your behalf are performing operations, if the "property damage" arises out of those operations, or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held far rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "properly damage" (other than damage by fire or explosion) to premises (1) rented to you (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D -- Liability and Medical Expenses Limits of Insurance SB-146932-E Page 3 of S (Ed 06/11) 4. Yi �.. S8-146932-E (Ed 06111) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership, assumed under a sidetrack agreement (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company, apply to "property damage" included in the "products -completed operations (4) Any "executive officer" or insurance hazard " manager, if you or an additional insured is 8 Under B. Exclusions, 1 Applicable to a corporation, Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2 Exclusions is deleted and insured is a trust, or replaced by the following (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, 1, rn, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured contents of premises rented to you for a period of 7 or fewer consecutive days A 7. Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability definitions, item 3 "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following insurance. C. The first Paragraph under item S. Damage To "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shook, mental anguish or mental D. Usability And Medical Expenses Limits Injury by that person at any time which results as Of Insurance is replaced by the following a consequence of the bodily injury, sickness or The most we will pay under Business Liabiltty disease for damages because of "property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration Coverage Form - Blanket Waiver of Subrogation h. Discrimination or humiliation that results in We waive any right of recovery we may have Injury to the feelings or reputation or a natural person, but only if such discrimination or against humiliation is a Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of waiver 6. Broad Knowledge of Occurrence a. The insured, or The following items ara added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such ',occurrence," offense, claim or "suit" is known to. (1) You or any additional insured that is an Individual, SB-146932-E (Ed 06/11) b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the Insured, and 2 Not directly or indirectly related to the employment prospective employment, past employment or termination of employment of any person or person by any insured b The following is added to Exclusions, Section B.. Page 4 of 5 C. (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination This provision (Expanded Personal and Advertising Injury) does not apply if $8-146932-E (Ed 06/11) r i .0 ✓ e .. . .�1. it ]+' {^r 1, 1 , [� . , . l �l 1 a r - SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded ether by the provisions of the Policy or by endorsement 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c is replaced by the following c The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor Page 5 of 5 CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1�p 1 Date Requested 5/31/2016 2 Contract Number to be Amended 3 Department Finance 4 Requested By Dahle Bulosan 5 Name of Consultant Enterprise Technologies Services, LLC 6 Amount of Original/Prior Contract $60,000 7 Additional Compensation Requested $10,000 8 Original Commencement Date 11/3/2014 9 Original Termination Date 11/3/2017 10 Extended Date Requested N/A 11 Reason for Contract Amendment Additional JDE Application Support Services required to ensure continued operability of the JDE Enterprise S 7 — 4- 2- - / G Purchasing A roval Signature Date 12 Are sufficient funds available to fund this contract? Yes ® No ❑ 13 Business Unit and Obiect Code where funds are budgeted Account number ( / Contractual Dollar Amount Business unit object # Year 1 act Year 2 act Year 3 est) Year 4 est 10035205 69365 $10,000 $ $ $ Budget Appr ignatur Fat Department Head Signature Date AC MO%br Approval Signature Date enterprise technologies amendment 2016 v2 doc REV June 2014 FH CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Enterprise Technoligies Services, LLC Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park JD Edwards Functional Consulting Services Amount of Contract: $60,000 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ \ / 5-2A Date: C^ Name/Extension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENTERPRISE TECHNOLOGY SERVICES, LLC FOR JD EDWARDS FUNCTIONAL CONSULTING SERVICES 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 Enterprise Technology Services, LLC, a Limited Liability Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as needed technical support for JD Edwards functional applications; 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 Mario Alvarado 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 50 to 100 10/12 1 of 11 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 November 3, 2014 (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 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 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 Sixty Thousand Dollars ($60,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional sves 50 to 100 10/12 2 of 11 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 agree/ surfnet/professional svcs 50 to 100 10/12 3 of 11 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. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/ surfnet/professional sves 50 to 100 10/12 4 of I I 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 effect 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/professional sves 50 to 100 10/12 5 of 11 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 svcs 50 to 100 10/12 6 of 11 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Dahle Bulosan 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional svcs 50 to 100 10/12 7 of 11 TO CONSULTANT: Enterprise Technology Services, LLC ATTN: Mario Alvarado 333 City Blvd. West, Ste 1700 Orange, CA 92868 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 to require the commission of any act agree/ surfnet/professional svcs 50 to 100 10/12 8 of 11 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/professional sves 50 to 100 10/12 9 of I I 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, agree/ surfnet/professional svcs 50 to 100 10/12 10 of 11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE, This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Enterprise Technology Services, LLC By: o —'&�,,(2 If, 14414DXLVX4J4& print na ITS: (circle one) Chairman ice President 1,. print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/ surfnet/professional svcs 50 to 100 10/12 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California #J/A &I City Manager INITI TED AN APPROVED: erector of Finance APP OVE ASJO FORM: City Attorney Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Consultant will perform as needed application support services for JD Edwards (JDE) Enterprise Resource Planning System. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Project Scope • Applications (Functional) As Needed Services in support of City's JDE EnterpriseOne applications, including but not limited to: o EnterpriseOne Foundation (Address Book) o Financials (General Ledger, Accounts Receivable, Accounts. Payable, Fixed Assets) o Human Capital Management (HCM) (Human Resources, Payroll) o Supply Management (Procurement, Inventory) o Asset Lifecylce Management (Real Estate) — (Note: module implementation is currently in process) • Development (Technical) As Needed Services in support of City's customizations and bolt-ons to the JDE software. 2. As Needed Services and Deliverables • As Needed Services will include, but not be limited to, the following types of activities by Consultant: o Functional assistance with annual 1099 and W2 creation EXHIBIT A o Help with reports (and/or One View Reporting) o How to perform specific functions within a supported module (e.g., G/L, A/P, HCM, etc.) o Functional specification (e.g., requirements and design) for development and testing of customizations and/or bolt-ons to JDE o Application configuration and testing for changes to module(s) currently used by City o Production support o Trouble -shooting and providing resolution of issues encountered in JDE C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide system access to Consultants to perform duties as outlined above 2. Assist Consultants with understanding JDE issues that arise 3. Testing fixes provided by Consultants to ensure operability D. WORK PROGRAM/PROJECT SCHEDULE: To be determined EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $160.00/hr B. Travel. Charges for time during travel are not reimbursable C. Billing All billing shall be done monthly in fifteen (15). minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of 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. 1 Exhibit B Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement.. CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of 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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 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 ENTERPRISE TECHNOLOGY SERVICES, LLC FOR JD EDWARDS FUNCTIONAL CONSULTING SERVICES Table of Contents Scopeof Services.....................................................................................................1 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 Certificateof Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 CityEmployees 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.................................................................................11 El Paso County Public Services Department Contracts & Procurement Division Rpmm��M CONTRACT NUMBER: 13-0928 SUBJECT MATTER: JD EWARDS FUNCTIONAL CONSULTING SERVICES COUNTY DEPARTMENT: SUPPORT SERVICESJtNFORMATION TECHNOLOGY DIVISION CONTRACTOR: ENTERPRISE TECHNOLOGY SERVICES, LLC ADDRESS 333 CITY BLVD WEST, SUITE 1700 CITY, STATE, ZIP ORANGE, CA 92620 TELEPHONE NUMBER 714-368-9750 EMAIL 714.368-9760 EFFECTIVE DATE: JANUARY 1, 2014 EXPIRATION DATE: DECEMBER 31, 2014 THIS CONTRACT, entered into on the date set forth below, is made by and between the BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, COLORADO ("COUNTY") and ENTERPRISE TECHNOLOGY SERVICES, LLC, (CONTRACTOR"). WHEREAS, the COUNTY desires to purchase and receive from CONTRACTOR Inc- services described in APPENDICES A g;and WHEREAS, CONTRACTOR is an individual or entity qualified and able to provide the type of services required by the COUNTY, and WHEREAS, the Parties to this CONTRACT desire to reduce to written forms the manner and conditions under which the,,o services will be Provided and compensated. NOW, THEREFORE, in consideration of the above, anC in accordance with trie mutual terms, conditions, requirements and obligations Sol forth in this CONTRACT, the COUNTY arid CONTRACTOR agree as follows, SECTION 1. SERVICES Tho COUNTY agr&f,,w retain CONTRACTOR to perform the services describes it,, �RUtndices A & E4. CONTRACTOR agrees to provide those service �s if' accordance with the provisions of this CONTRACT. SECTION 2, CONTRACTOR'S RESPONSIBILITIES 21 The scope of services to be performed by CONTRACTOR is set forth it) Appendices A B attached to tills CONTRACT and incorporated by reference, 22 All issues or questions of CONTRACTOR about this CONTRACT arising during file terns of this CONTRACT shall ho addressed to the designated County Representative identified in Section 3 below, 2,3 CONTRACTOR shall attend meetings and submit reports, plans, drawings and specifications as required in Appendices �&_B and -shall be reasonably available to the County Representative to respond to any issues that may arise during the term of this CONTRACT, 2.4 Ail employees, agents, representatives and sub -contractors of CONTRACTOR who will have significant responsibility for perfor-r-narice, tinder this CONTRACT shalt be identified to and be subject to approval by the Courity Representative prior to the commencernent of any work by these individuals. 2,5 All governmental pen -nits or licenses specified in Appendices A & 8 to be acquired by CONTRACTOR shall be obtained by CONTRACTOR in a prompt and legally sufficient manner and at CONTRACTOR'S own expense, Upon dernandbythe COUNTY, CONTRACTOR shall provide the COUNTY with evidence of the permits or licenses, 2,6 All services to be performed under this CONTRACT by CONTRACTOR shall be performed in accordance with generally recognized professional practices and stafroards of CONTRACTOR'S profession and to the reasonable satisfaction of the COUNTY, 27 CONTRACTOR represents, warrants and covenants that the prrces, charges andfor fees set forth in this CONTRACT (on the whole) are at least as favorable as the Prices, charges andlor fees CONTRACTOR charges (on the whole) to other of (Rev, 08/13) CONTRACT NO, 13-092B SUBJECT JD EDWAROS FUNCTIONAL CONSULTING SERVICES its customers Or clients for the same or substantially similar products or services provided under the same or substantially similar imilar circumstances, terms and Gonditioni. Z8 it CONTRACTOR agrees or contracts with other customers or clients similarly situated during the, term of th,s CONTRACT, and offers or agrees to financial terms more favorable than those set forth herein (On the whole), CONTRACTOR hereby agrees that it wilt reduce the prices, charges and/or fees charged to the COUNTY with respect to the products or services hereunder to tne most favorable rates received by those other customers or clients. SECTION 3. COUNTY's RESPONSIBILITIES 3 1 The COUNTY agrees to compensate CONTRACTOR as set forth in Section 5 below for services tendered in accordance with this CONTRACT. 3,2 The County Reoresentative, is Steven Armstrong 719.520-7705, The County Representative shall have authority to transmit instructions, receive infon-naton and documents and resolve any Issues arising out of the performance of this CONTRACT, The County Representative shall provide CONTRACTOR with the identity of an alternate contact person in the ever)r the County Ropresentative is unavailable to respond to CONTRACTOR'S inquiries, SECTION4. TIME OF PERFORMANCE AND DELAY CONTRACTOR'S time of performance shall commence as of the effective date of this CONTRACT, and shall remain in effect unless otherwise tern) inatec ;n accordance with Section 12 below, or until the expiration date specified on the first page of this CONTRACT, whichever comes first. SECTION 5, COMPENSATION The COUNTY agrees to pay CONTRACTOR for the complete and satisfactory performance of services under this CONTRACT in accQrdance with each agreed upon job at the rates identified in Appendix B. 5,2 CONTRACTOR shall provide. the COUNTY written evidence of services actually performed, and at the COUNTY's request, shall iternize, all hourly label expenses and direct expenses incurred by CONTRACTOR. It the County Representative determines that CONTRACTOR is not rrialking sufficient progress or is performing unsatisfactory work Under this CONTRACT, the County Representative may protest CONTRACTOR'S written invoice or statement by providing written notice to CONTRACTOR within ten (10) days following receipt of the invoice or statement. The written notice shall identify the nature of the problem and request an appropriate remedial action by CONTRACTOR. CONTRACTOR shall either correct the problem and advise the County Representative of the correction, or shall provide a det,',jied written response to the notice within ten (10) days following receipt of the COUNTY's notice. During this Pr<Acr�ss, Payment Of CONTRACTOR'S invoice or statement ulay be withheld by the COUNTY. S 4 Unless otherwise agreed upon m writing by the COUNTY, CONTRACTOR shall be solely responsible for compensation Of third parties, including subcontractors, consultants and suppliers, which are retained at the request of CONTRACTOR to perform this CONTRACT. Such third parties shall not be considered third -party beneficiaries to this CONTRACT. 5,5 No payrnent made under this CONTRACT shall be conclusive evidence of the performance of this CONTRACT, either in whole or in part, and no payment, including final payment, shall be construed to be a consent on the part of the COUNTY to al'cept unsatisfactory or deficient work. SECTION 6, FUNDING AVAILABILITY 61 On or about December 10, 2013, the Board of County Commissioners of El Paso County, Colorado appropriated ,adequate funds to pay for services rendered it) accordance with this CONTRACT for fiscal year 2014 This amount is equal to or in excess of the contract amount of this CONTRACT, 6,2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR'S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year. CONTRACTOR shall not commence any work in the new fiscal year for which a now appropriation is required to make payment 6 :3 Any renewal of this CONTRACT is contingent upon available, funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR'S responsibility to provide the COUNTY representative (vvilh a copy to the Contracts and Procurement Division) a9 requested CONTRACT changes andlor price adjustments at least 2 , 1_0 days prior to the expiration of the CONTRACT or CONTRACT renewal date After review by the COUNTY of the CONTRACTOR'S requested changes or pace adjustments, the COUNTY vitl enter into negotiations with the CONTRACTOR to dell it the requested contract changes andlor price adjustments are acceptable to the COUNTY, Negotiations Must be completed 90 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for tire renewal may result in (Rev, 8113) CONTRACT NO.:13-092B SUBJECT, JD EDWARDS FUNCTIONAL CONSULTING SERVICES rcsolicitaticin Of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR'S risk. SECTION 7. INDEPENDENT CONTRACTOR CONTRACTOR is rendering services as an independent contractor, not as an employee, and shall be accountable to the COUNTY for the ultimate results of its actions, but shall not be subject to the direct supervision and control of the COUNTY, except as otherwise provided herein. Neither CONTRACTOR nor any agent, employee, or servant of CONTRACTOR shall be or shall be deemed to be an employee, agent or servant of the COUNTY. CONTRACTOR shall pay when due all required employment taxes and income tax withholding, shall provide and keep in forcu worker's compensation (arid show proof of such insurance) and unemployment compenso6on insurance in the amounts required by law, and shall be solely and entirely responsible for its acts and the acts of its agents, employees. servants and the subcontractors, during the performance of this CONTRACT. SECTION 8. INSURANCE 8.1 During the entire term of this CONTRACT, CONTRACTOR shall maintain, at its own expense, insuraricc, in the following minimum amounts arid classification. LIMITS OF LIABILITY Workmen F, -, Liability AS REOUIRED BY STATUTE Cornmerc,ral General liability (including blanket cofilraclual liability insurance) Bodily Injury Properly Darriage Comprehensive Automobile Liability Bodily Injury Property Damage $150.000 each person $600.000 each Occurrence $600,000 $150,000 each person $600,000 each occurrence $600,000 Professional Liability (if applicable) Commensurate with risks of services provided under this Agreement 8.2 CONTRACTOR shall furnish certificates Of Such insurance to the County Contracts and Procurement Director ("DIRECTOR") prior to the performance of this CONTRACT. The COUNTY shall be named as an additional insured On all Policies of liability insurance. SECTION 9. INDEMNIFICATION To the extent authorized by law, the CONTRACTOR shall defend, indemnity and hold the COUNTY free arid harmless from and against any and all liabilities, demands, claims, damages, suits, judgments and decrees, and Court awards including costs, expenses and attorneys' fees, on account of injuries to or death or any person or persons or damage to any property arising out of or related to the CONTRACTOR'S intentional or negligent acts, errors or omissions or that of its agents, officers. servants 'and employees, subcontractors or assignees, whether contractual of otherwise, during the performance of this contract and pursuant to its terms Nothing it) this section shall be deemed to waive or otherwise limit the defenses available to the COUNTY purs6ant to the Colorado governmental immunity Act or otherwise provided by law. SECTION 10. AUDIT AND INSPECTION 101 CONTRACTOR shall at all times diving the term of this CONTRACT maintain such books and records as shah sufficiently and properly reflect all direct costs of any nature in the performance of this CONTRACT, and slial, utilize such bookkeeping procedures and practices as will reflect these costs. Books and records shall be subject, at any reasonable time, to inspection, audit or copying by Federal, State or County personnel, or such independent auditors or accountants as are designated by the COUNTY. 10.2 CONTRACTOR shall permit the County Representative or other authorized Federal, State or County personnel, at any reasonable time, to inspect, transcribe or copy any and all data, notes, records, documents and files of the work CONTRACTOR is performing in relation to this CONTRACT. SECTION 11. OWNERSHIP 111 All data, plans, reports, notes and documents providea to or prepared by CONTRACTOR in performance of this Agreement shall become the property of the COUNTY upon payment of services rendered by CONTRACTOR, and shall be delivered to the County Representative. (Rev. 8!13) CONTRACT N0,:13-092B SUBJECT. JD EDWARDS FUNCTIONAL CONSULTING SERVICES 11,2 Except as provided in Section 10 above, all such documents shall remain confidential and shall not be made available by CONTRACTOR to any individual or entity without the consent of the County Representative, 11,3 If the CONTRACTOR deems any clOCUrnents submitted by CONTRACTOR to the COUNTY under this CONTRACT confidential business data, trade secrets, or data not otherwise subject to public disclosure. CONTRACTOR shall clearly mark the documents as "Confidential' prior to delivering or making thom available to the COUNTY, if the COUNTY receives a request for the production or disclosure of documents so marked, it will decline disclosure and notify the CONTRACTOR of such request: provided, however, that if any action is commenced against the COUNTY tinder the Colorado Public (Open) Records Act or otherwise seeking to compel production or disclosure of the documents, CONTRACTOR or any other person asserting the confidentiality privilege of such documents shall immediately intervene in Such action, and whether or not such intervention is permitted, shall defend, indemnify and hold COUNTY harmless frorn any costs. damages, penalties or other consequences of COUNTY'S refusal to disclose or produce such documents. SECTION 12. SUSPENSION AND TERMINATION 12.1 Without terminating this CONTRACT, the COUNTY may suspend CONTRACTOR'S services following written notice to CONTRACTOR, Within five (5) days following receipt Of Such notice, CONTRACTOR shall have completed all reasonable measures to Cease its services in an orderly manner. CONTRACTOR shall be paid for all reasonable costs incurred and for services rendered through the date services were suspended, but in no case no later than five (5) days after CONTRACTOR'S receipt of suspension. If resumption of CONTRACTOR'S services requires any waiver or change in this CONTRACT, the parties must mutually agree to such waiver or change in writing and the writing must be attached as an addendum to this CONTRACT. 12.2 The COUNTY shall have the right to terminate this CONTRACT, in whole or in part, at any time during the course of performance by providing written notice to CONTRACTOR. Within ten (10) days following receipt of such notice. CONTRACTOR shall have completed all reasonable measures to cease its services in an orderly manner. If a new contractor is retained to complete the services, CONTRACTOR will cooperate fully with the COUNTY in preparing the new contractor to take over completion of the services. CONTRACTOR will be paid for all reasonable costs incurred and for services rendered through the date of termination of this CONTRACT, but in no case will CONTRACTOR be paid for services rendered later than the date of termination. SECTION 13. COMPLIANCE WITH LAWS 131 At all times during the performance of this CONTRACT, CONTRACTOR shall strictly observe and conform to all applicable federal, state and local laws, rules, regulations and Orders that have been or may hereafter be established. 13,2 Federal Immigration Law Compliance: The CONTRACTOR certifies that the CONTRACTOR has complied with the United States Immigration and Control Act of 1986. All persons employed by the CONTRACTOR for performance of this CONTRACT have completed and signed Form 1-9 verifying their identities and authorization for employment. Illegal Aliens: Public Contracts for Services. CRS 8-17.5-101 and 102, and Public Law 208, 104 1h Congress, as amended and expanded in Public Law 156, 1081h Congress, as amended. CONTRACTOR certifies that the CONTRACTOR shall comply with the provisions of CRS 8-17-5-101 et see. CONTRACTOR shall not knowingly empioy or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work Linder this CONTRACT. CONTRACTOR represents, warrants. and agrees that it (i) has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the basic pilot prograrn administered by the Social Security Administration and Department of Homeland Security, and (h) otherwise will comply with the requirements of CRS 8-17,5-102(2)(b). The Contractor is prohibited from using either the e•verify program or the Colorado Department of Labor and Employment program procedures to undertake preemployment screening of job applications while the services are being performed under this CONTRACT. If the CONTRACTOR obtains actual knowledge that a subcontractor performing work under this CONTRACT knowingly employs or contracts with an illegal alien, the contractor shall notify the subcontractor and the COUNTY within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract with the subcontractor if within three days of receiving this notice the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during Such three days the Subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The CONTRACTOR shall comply with all reasonable requests made in the course of an investigation Linder CRS 8-17.5-102 by the Colorado Department of Labor and Employment. if the CONTRACTOR fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq.. the COUNTY may terminate this contract for breach and the CONTRACTOR shall be liable for actual and consequential damages to the COUNTY SECTION 14. NON-DISCRIMINATION CONTRACTOR shall not hire, discharge. transfer, prornote or demote, or in any manner discriminate against any person otherwise qualified and capable because of race, color. sex, marital status, age, religion, disability or national origin. CONTRACTOR agrees to comply with all applicable Federal and State statutes and regulations concerning non-discrimination. SECTION 15. APPLICABLE LAW (Rev, 8113) CONTRACT NO,: 13-092B SUBJECT; JD EDWARDS FUNCTIONAL CONSULTING SERVICES The laws, rules and regulations of the State of Colorado and El Paso County shall be applicable in the enforcement. interpretation and execution of tialis CONTRACT. The parties to this CONTRACT understand and agree that, in the event of any litigation which may arise between the parties under this CONTRACT, jur,sdiction and venue shalt lie in the Fourth Judicial District of El Paso Courity, Colorado SECTION 16, RIGHTS OF THIRD PARTIES This CONTRACT does not and shall not be deemed to confer on any third party the right to the performance or proceeds under this CONTRACT, to claim any damages or to bring any legal action or other proceeding against the COUNTY or CONTRACTOR for any breach or other failure to perform this CONTRACT. SECTION 17. ASSIGNMENT/SUBCONTRACTS CONTRACTOR shall not assign its interest in this CONTRACT or subcontract any of the work to be performed tinder this CONTRACT without the written consent of the COUNTY. SECTION 18. CHANGES OR MODIFICATIONS 19"1 Nc modification, amendment, notation, change or other alteration of this CONTRACT shall be valid unless mutually agreed by the parties in writing and executed as an addendum to this CONTRACT, 192 No change order resulting in an increase to the contract price set forth in Section 5 above shall be executed or effective unless the increase is approved by the appropriate County official(s) and the additional funds have been appropriated or otherwise made available. CONTRACTOR shall prepare a cost calculation for the additional costs and submit it to the County Representative prior to approval of any change order. The County Representative then will arrange for a change order, confirming with CONTRACTOR that funds have been appropriated or made available to cover the additional costs. SECTION 19. SEVERAWLITY If any section, subsection, clause or phrase of this CONTRACT is, for any reason, field to be invalid, such holding shall not affect (tie validity of the remaining portions of this CONTRACT. SECTION 20. CONFLICT OF TERMS IN THE CONTRACT DOCUMENTS In the event [here is found any conflict in any of the terms between the COUNTY'S contract documents and the CONTRACTOR'S contract documents, the parties understand and agree that the terns contained in the COUNTY'S contract documents shall be controlling and shall take precedence over any conflicting terms found in the contract documents. Further, if there are any conflicting terms as between the COUNTY'S contract and the COUNTY'S Purchase Order or any other COUNTY documents which are included as a part of the contract documents, those terms which the COUNTY deems most favorable toward the protection of the COUNTY and the goals of the CONTRACT shall be deemed to control and take precedence over any conflicting contract terms The conflicting contract terms may be deleted at the COUNTY'S sole discretion In the event that one of the COUNTY'S contract documents contains a word, statement, or clause which is not contained in any other of the COUNTY'S contract documents nor in those of the CONTRACTOR'S contract documents, the parties understand and agree that such word, statement or clause shall be included as a part of the contract terms at the sole discretion of the COUNTY, Finally, in the event that there is found in the CONTRACTOR'S contract documents a word, statement or clause not contained in the COUNTY'S contract documents and which the COUNTY. in its sole discretion, wishes to delete from the contract terms, the parties understand and agree that the COUNTY shall have the discretion to include or delete such word, statement or clause from the contract terms SECTION 21. ENTIRE CONTRACT This CONTRACT, including attached Appendices, constitutes the entire understanding of the parties. At the time of execution of this CONTRACT, there are no other terms, conditions, requirements or obligations affecting this CONTRACT which are not specificalfy set forth herein. SECTION 22. APPENDICES The following appendices are attached to and made a part of this CONTRACT: Appendix A RFP NO.: 13-092 Appendix B: COMPANY'S RESPONSE Appendix C: INSURANCE CERTIFICATES IN WITNESS WHEREOF, the parlies hereto have executed this CONTRACT on the � day of 2014, (Rev. 8113) 5 CONTRACT NO.:13-092B SUBJECT: JD EDWARDS FUNCTIONAL CONSULTING SERVICES FOR BOARD OF COUNTY COMMISSIONERS EL PASO COUNTY, COLORADO (-,I X BY: EII-EtN GONZALES, C'PPO, CPP13 CONTRACTS AND PROCUREMENT VIV—JSION MANAGER APPROVED AS TO FORM: BY: OFFICE OF THE COUNTY ATTOOlqtY (Rev. 8113) ENTERPRISE TECHNOLOGY SERVICES, LLC MARIO ALVARADO BY: 4z-( k i &/C6� AUTHORIZED REPRESENTATIVE CONTRACT NUMBER: I3-092B APPENDIX A RFP 13-©92 :C % V LATH (Viff-C_=,A: RFP 13-092 .�uouNTY j PUBLIC SERVICES DEPARTMENT CONTRACTS AND PROCUREMENT DIVISION DARR7L GU NN PF(:6"brrr ro-4 THE ATTACHED addendum shall become as fully a part of the above named RFP as if therein included and shall take full and complete precedence over anything contained to the contrary. ACKNOWLEDGMENT. Each bidder shall indicate acknowledgment of receipt of this addendum by signing below and submitting this addendum signature gage with the bid, Each bidder shall be responsible for reading every item on the attached addendum to ascertain to -what extent and in what manner if affects the work being bid. No attempt is made to list these addendum items in any special order. The result of this addendum will affect the RFP opening date as follows: �1 NO CHANGE I acknowledge receipt of, this addendum which shall become a part of the submitted bid: (Please print or type) COMPANY NAME AUTHORIZED PHONE DATE 210 S. Tejon Street, Suite 138, Colorado Springs, CO 80902 Phone: 719-520-6730 RFP 13-092 DATE: December 3, 2013 The following clarifications are hereby made opart ofthis solicitation: Request: Reference General specifications, page 5, Item 2-e), please give an example of the non- technical, people or process elements ofaproject that you are referring to. Response: Following are some examples- -Selling a solution to the business togain adoption -Effectively communicating how a new process works and the benefit it brings. -Turning anegative stakeholder into apositive stakeholder. -Controlling the scope nfaproject, when users are asking for more. -Presenting solutions tnexecute management. -Leading a project — effectively directing resources to accomplish the desired outcome. -Communicating aneffective vision for aproject. -Managing conflict within aproject team. -Planning effective strategies tomove users from one process 1oanother, -Effective training. All terms and conditions of the original RFPshall remain unchanged and the subsequent bids received as a result of this solicitation shall be opened and evaluated in accordance with those terms and conditions. Ken Lavey, CPPB, Procurement Specialist III uOUNTY L„ PUBLIC SERVICES DEPARTMENT Contracts and Procurement Division Sealed proposals for JD EDWARDS FUNCTIONAL CONSULTING SERVICES for the Support Services Department, Information Technology Division, will be received by the El Paso County Contracts & Procurement Division, 210 S. Tejon Street, Suite 138, Colorado Springs, CO 80903, UNTIL: 10:00 AM, TUESDAY, DECEMBER 3, 2013. A PRE -PROPOSAL TELE-CONFERENCE will be held at 1:30 PM, TUESDAY, NOVEMBER 19, 2013. A CONFERENCE LIME WILL BE PROVIDED TO ALLOW POTENTIAL RESPONDENTS TO CALL IN WITH THEIR QUESTIONS. Interested firms must contact Ken Lavey, Procurement Specialist at ken laveyO-elpasoco. corn to register for this conference. Attendance at the conference Is not mandatory, EL PASO COUNTY CONTRACTS AND PROCUREMENT DIVISION WILL NOT BE HELD RESPONSIBLE FOR MISINFORMATION RECEIVED FROM PRIVATE PLAN HOLDERS. PLEASE USE OUR WEBSITE ONLY. PLEASE CONTACT THE CONTRACTS AND PROCUREMENT DIVISION AT 719-520-6402 TO REQUEST A SPECIFICATION! PACKAGE OR LOG ONTO OUR WEBSITE AT WM/V.ELPASOCO.COM TO DOWNLOAD DOCUMENTS. Any questions regarding this proposal should be directed to Ken Lavey, CPPB, Procurement Specialist, at 719-520-6401, faxed 719-520-6396 or emailed to: kenlavey(" ))elpasoco.com. Do not contact any other individual regarding this solicitation. All interested firms are invited to submit a proposal in accordance with the terms and conditions stated in this Request for Proposal, BOARD OF COUNTY COMMISSIONERS EL PASO COUNTY /s/ Eileen Gonzales CONTRACTS MANAGER PUBLICATION DATES: Fountain Valley Mews: November 6, 2013 November 13, 2013 X#*#Xt###fX*W#W*p0/#Yr*####WWt#WdtnFd#dd#YHTeX#fl'X#f ##dk#A4#+bd W#kWW##Y##d##*#####XX di4*X#N#VFW Xrt#X**AW##dti##W W*X W#WieW W W#W#'tr *#Wd'##W t�Y*W If you are not interested in submitting a proposal for this project or similar projects, please contact the Contracts and Procurement Division at (719) 520-6390. We continue to look for opportunities to reduce the costs involved in the solicitation of bids and proposals for El Paso County. Your cooperation is appreciated. 210 South Tejon Street.- Suite 138 Colorado Springs, CO 80903, (719) 520-6390 FAX (719) 520-6396 RFP No.: 13-092 EL PASO COUNTY CONTRACTS AND PROCUREMENT DIVISION DATE: December 3, 2013 We have declined to respond to the RFP for the following reason(s), please check all that a I I We do not offer this service/product. - I Our schedule would not permit us to respond at this time. Un,qhlf* to mcpf ci n s sufficient time to respond c We are unable to meet bond requirements. Our us from our bidders' list for this,commodi!y or service. Ott Other (Please explain): PHONE: ADDRESS: CITY /STATE/ ZIP: AUTHORIZED REPRESENTATIVE: (PRINTITYPE NAME) AUTHORIZED SIGNATURE: ngalls at noffnaingallISO-OfDasococom or far at 719-520-6730. S� *"-u *,a .fi � ,-a'.-w�, � �y. .:gig$, INSTRUCTIONS FOR SUBMITTING PROPOSALS To be considered, all Proposals must be submitted in accordance with these instructions. NOTE: THE FOLLOWING ARE GENERAL INSTRUCTIONS FOR SUBMITTING PROPOSALS. ADDITIONAL AND/OR CONFLICTING INSTRUCTIONS OUTLINED IN THE GENERAL SPECIFICATIONS IN THIS REQUEST FOR PROPOSAL (RFP) MAY SUPERSEDE THESE INSTRUCTIONS. A. ISSUING OFFICE This RFP is issued for El Paso County by the Contracts and Procurement Division B. PURPOSE This RFP is designed to provide prospective firms sufficient information to enable them to prepare and submit proposals for consideration by El Paso County. C. SCOPE This RFP contains the instructions for submitting proposals, the information to be included in the response and any mandatory requirements which must be met to have the response be eligible for consideration. D. WHO SHOULD RESPOND El Paso County is hereby contacting prospective firms who are known to do business relevant to this RFP. All interested firms are invited to submit a proposal in accordance with the specifications, procedures, dates and times as set forth herein. E. INQUIRIES Prospective firms may make written or verbal inquiries concerning this RFP to obtain clarification of the proposal requirements. If specified, a pre -proposal conference or a mandatory pre -proposal conference may be scheduled to clarify information contained within the RFP. All interested firms will be invited to attend at the date and time specified. No inquiries will be accepted after five (5) calendar days before the RFP closing date. F. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL In the event that it becomes necessary to revise any part of this RFP, an addendum will be provided to each firm who received the original RFP or, if applicable, only to those firms who attended a mandatory pre -proposal conference. G. PROPOSAL SUBMISSION Your proposal must be received on or before the date shown on the RFP. Firms mailing their proposals must allow sufficient delivery time to ensure receipt of their proposals in the Financial and Contract Services Division on or before the time and date specified. The proposal package should be delivered or mailed to: EL PASO COUNTY CONTRACTS AND PROCUREMENT DIVISION 210 S TEJON STREET, SUITE 138, COLORADO SPRINGS CO 80903 One (1) proposal clearly marked 'ORIGINAL' and the required number of copies requested on the 'RESPONSE CHECKLIST" should be submitted in a sealed envelope(s) or container(s) with the name of the proposer's firm clearly shown on the lop left hand corner of each envelope. The following information must be clearly shown on the bottom left hand corner of each envelope: "RFP NO.: , PROPOSAL NAME, DUE DATE." Note: Proposals should not be submitted by facsimile machine. Typically, proposals consist of several pages of required documentation. The Procurement Specialist opens the proposals at the specified time, tabulates their completeness and distributes them to members of the Evaluation Committee. Due to time schedules that have been preset with the committee members, it is suggested that the original proposal packages be delivered or mailed to be received as described above. H. LATE PROPOSALS Late proposals will not be accepted. It is the responsibility of all firms to ensure that the proposal arrives in the office of the Financial and Contract Services Division by, or prior to, the date and time specified in the RFP. L REJECTION OF PROPOSALS Ef Paso County reserves the right to reject any or all proposals received, to waive informalities and minor irregularities, and to accept any portion of a proposal deemed to be in the best interest of El Paso County. J. PROPRIETARY INFORMATION Any restrictions on the use of data contained within a proposal must be clearly stated in the proposal itself. Proprietary information submitted in response to this RFP will be respected in accordance with applicable El Paso County Procurement Regulations. K. MATERIAL OWNERSHIP All material submitted regarding the RFP becomes the property of El Paso County and will be returned to the proposing firm at the County's option. El Paso County reserves the right to use any or all ideas presented in reply to this RFP, subject to limitations outlined in (J) Proprietary Information. Disqualification of a RFP does not eliminate this right. L. INCURRING COSTS El Paso County is not liable for any cost incurred by a firm in developing its proposal unless stated otherwise in the RFP. M. USE BY OTHER JURISDICTIONS Awarded vendor may elect to extend the resulting contract or price agreement, pricing, terms and conditions to any Colorado political subdivision, but is not obligated to do so, N. RFP CLOSING DATE All proposals must be received by the date and time specified in the RFP. In the event of an emergency situation (i.e,, large snow storm, tomado, etc,), which causes the Board of County Commissioners (BOCC) to close the El Paso County offices, the Financial and Contract Services Division has the authority to reschedule the RFP closing date. All firms will be allowed to resubmit their proposals prior to the new date and time specified. O. INSURANCE The successful firm will be required to provide any or all of the following insurance coverage at its own expense and maintain such coverage for the duration of the contract: I. Standard Workers' Compensation and Employers Liability Insurance, including occupational disease, covering all employees engaged in the performance of work at the site, 2. Comprehensive General Public Liability and Property Damage Insurance: Bodily Injury: $160,000 (per person) $600,000 (each occurrence) Property Damage: $600,000 (each occurrence) Comprehensive Auto Liability and Property Damage insurance: Bodily Injury $150,000 (each person) $600,000 (each occurrence) Property Damage $600,000 (each occurrence) NOTE: THE COUNTY SHALL BE NAMED AS ADDITIONAL OR C04NSURED ON THE INSURANCE CERTIFICATE, If Workers' Compensation insurance is carried by the State Compensation Insurance Fund, evidence of such coverage shall be submitted on a certificate form or, if the insurance is by private carrier, evidence shall be on certificate of insurance. Evidence of coverage shall be submitted to the Financial and Contract Services Division. 3, Professional Liability (if applicable) must be commensurate with risks of services provided under the resulting award of contract. The successful firm shall maintain all insurance and any agreed upon 'errors and omissions" insurance for the duration of the contract. P. CONFLICT OF INTEREST Full disclosure of any and all actual or perceived conflicts of interest must be included with your proposal. Examples of such conflicts of interests include, but are not limited to, vendodCounty employee relationship, vendor/public official relationship, vendors financial interest in the project, Cl. EVALUATION PROCESS 1. Committee An Evaluation Committee comprised of personnel from various El Paso County departments (and, if applicable, other individuals the County chooses to be part of this committee) will evaluate all proposals received in a timely manner for completeness and the firm's stated ability to meet all specifications as outlined in the RFP. 2. Disqualification Failure by a firm to provide all information requested in the RFP may result in disqualification of the proposal. 3. General Evaluation Criteria Examples of evaluation criteria by which each firm's submitted proposal will be evaluated are as follows: a, Fee Schedule (if requested), including reimbursements b. Technical content of the proposal, methodology and approach to the project c. Previous background and experience of the fin-n relevant to this RFP d. Experience of staff assigned to this project e. Estimated time required for completion of the project f. Location of offices References, including contact names and phone numbers Information submitted by the vendor should be in the order as outlined in the RFP Requirements and must clearly address each item. Each item listed in the RFP Requirements will be given a numeric weight and will be evaluated and scored independently by each Evaluation Committee member, 4. Short List The Evaluation Committee may short list the firms whose proposals are considered to be in the best interest of the County. Those firms may be scheduled for an interview with the committee. 5. Interviews The purpose of an interview is to gain a better understanding, by all parties, of the work to be performed. Firms selected to be interviewed will be contacted and scheduled, in no particular order, to meet with the Evaluation Committee. A time limit is set for each interview and is precisely adhered to. Interviews will be held during regular working hours. During the interviews, additional general and/or fee information may be requested from each firm. A specific date and time will be required to supply the additional information to the Financial and Contract Services Division. The Financial and Contract Services Division will then submit this information to the Evaluation Committee. Any additional information will become part of the submitted proposal and, subsequently, part of the final contract. The Evaluation Committee will determine based on (1) evaluation of the submitted proposals, (2) any information gathered during the interview process and (3) all additional submitted information, which firm will be contacted to negotiate a contract. G. Negotiations The firm selected to negotiate a contract will meet with the Evaluation Committee at a specified date and time. The contract terms and conditions will be reviewed, discussed, negotiated and finalized for recommendation for approval by the BOCC. In the event a contract cannot be negotiated with the first firm selected, the Evaluation Committee will select a second firm to repeat the negotiation process, and a third firm, if necessary. 7. Recommendation The objective of the Evaluation Committee will be to recommend the firm whose proposal is most responsive to El Paso County's requirements while staying within the funds budgeted- The specifications within this RFP represent the minimum performance necessary for response by any interested firm. Upon recommendation by the Evaluation Committee and the Department Head, the contract will be presented to the BOCC at a scheduled public agenda meeting for approval. All required signatures, as well as approval by the Budget Office, must be obtained prior to submittal for approval. All contractual documentation will become public information, according to C.R.S,, Title 24, Article 72, for public (open) records, upon recommendation to the BOCC. R. AWARD Upon approval by the BOCC and signature by the Chairperson, a Notice of Award will be issued to the successful firm Any final documentation necessary to complete the contract requirements will be requested at that time (i.e., Performance Bond, original Certificates of Insurance) and the firm will be given ten (10) days from date of the Notice of Award to acknowledge and comply with these requirements. Failure to comply with the requirements of the Notice of Award may result in the termination of the contract. The contents of the proposal by the successful firm will become a part of the contractual obligation I a Notice of Award action ensues. Failure by the successful firm to accept the obligations specified in a purchase order, contract or similar acquisition instrument shall result in cancellation of the award and loss of any Bid Security. Such firm may be restricted from future solicitations for a minimum period of one (1) year. Once all required documentation is received, a fully executed copy of the contract will be sent to the successful firm. ��� � � �, :. rti � � � � �" � s r'� � u � e <: u m RFPNO�i���� �� DATE: DECEMBER 3,2013 GENERAL SPECIFICATIONS FOR JD EDWARDS FUNCTIONAL CO El Paso County, Colorado, Support Service Department, Information Technologies Division (COUNTY) is seeking proposals from qualified firms (CONTRACTOR) interested in supplying Oracle JD Edwards ERP system consulting, The objective is to establish professional services contract(s) to support ongoing operations and projects for a one-year period with 3 additional one-year renewal options. The contracts allow the COUNTY to maintain a high level of support and responsiveness to operationally critical systems for the JD Edwards ERP system. The COUNTY has ameed for two distinct areas of functional consulting services: (1)defined scope project work and (2)general system support staff augmentation. Adescription ofeach functional consulting area and the associated award process is described in greater detail below. A, JDEdwards Project Consulting CONTRACTOR will supply functional and/or technical consulting services for JD Edwards ERP functionality implementations, reen i h tools upgrades, major upgrades, o/ related projects. See 'Technology Environments To< upport'fbrelist ofmodules orfunctional areas 8zsupport, COUNTY will award multiple project consulting contracts to establish a preferred vendor list, When m need is idanbfied, the preferred vendors will be contacted and requested to provide quote to complete mfixed scope project. The quote will include, (1) number ofhours estimated hn complete the project, (2) resumes of proposed oba# (3) high-level work breakdown, and (4) cost. COUNTY will review quotes from the preferred vendors and award the work based on best overall fit, staff resumes, suitability of the quote to meet the need, cost, and resource availability. A request for quote will not commit the COUNTY homoving forward and funding a project. S. JDEdwards Staff Augmentation CONTRACTOR will supply qualified professional JDEdwards consultants b7augment COUNTY JDEdwards staff bzmeet ongoing or periodic operational and user support needs. Gee 'Technology Environments To Support' for a list of JD Edwards modules or functional areas to support. COUNTY will entertain innovative staff augmentation proposals including those where CONTRACTOR will supply staffing resources on a full time (40 hours/week), half time (20 hours/\week).orquarter time (1Ohouna/weeh)basis, Partial time resources will primarily provide support from a remote location with occasional need for on -site support once a working relationship and familiarity with COUNTY staff and JD Edwards environment is established. CONTRACTOR staff augmentation resources will work under the direction of the COUNTY. See 'Technology Environments To Support' for a list of modules or functional areas that may need support. The COUNTY will award multiple staff augmentation contracts to establish a preferred vendor list. The Information Technology division will select staffing personnel for specific requirements, from the list ofpreferred vendor contracts, based upon: staff availability, staff experience, staff RFP13-0S2 JDEDVxARDSFUNCTIONAL CONSULTING SERVICES General Specifications Page 2 experience with BPaso County, and cost. The COUNTY will be the sole judge of which individual(s) will bethe best solution for the [OD��needs, C. OPTIONAL SERVICES THAT ADD VALUE 1) Organizational Change Management Consulting Services Play oleading role /nsuccessful change initiatives onERP projects ' focusing th e orgon�a�ono[readiness a�ecfchange �oudingchanges |business processes, systems, and roles. Create and implement change management plans that minimize user resistance and maximize engagement to increase adoption/utilization of the COUNTY ERP system. Those with demonstrated experience in this domain should include information on the programs and methods used and provide references ofcustomers served. 2)provide support for JDE related systems as described in the related option systems to support section Wow. Please provide olist of related systems you are capable of 3) Provide a list of the functional, technical, and business process training and mentoring classes you are capable of providing. D. TECHNOLOGY ENVIRONMENTS TDSUPPORT 1) Oracle JDEdwards EnberpriseDnefunctional areas o) Finance: Address Book, General Ledger, Accounts Payable, Accounts Receivable, Fixed Assets, Job Cost (Grant menagement).Budget b) Supply Chain.- Procurement, Inventory, Work Orders, Asset Management, CRM o) HCyW� PaynoU, Benefits Administration, Position Control d) Technical: Development, CNC.VVeblog)c. Linux 2) Related Optional Systems tnSupport e) Vertex b) Cmoteffurm o) DG/ d) Oracle Universal Productivity Kit m) Oracle Business Intelligence Enterprise Edition � Kmnos g) JDEdwards En{erphaeOneOne View Reporting E. SUPPLEMENTAL GENERAL CONDITIONS 1) Security and Data Protection CONTRACTOR is responsible for maintaining physicalondlo0isdoa mtecti of COUNTY assets, programs and data using reasonable and best practice Information Technology industry guidelines and standards. CONTRACTOR will notify COUNTY immediately if it suspects or confirms a security or data protection breach and the parties will collaboratively work to evaluate the breach, identify risks, create a remediation plan and execute said plan. 2) No solicitation of Employees RFP/3-092 4]EDvARDSFUNCTIONAL CONSULTING SERVICES General Specifications Page 3 COUNTY mCONTRACTOR may not recruit mhire anemployee of the other party for one- year following the completion of this agreement unless awritten mutual agreement is established between the parties permitting such employment action. 3) Provider Guarantee CONTRACTOR guarantees the performance of work commissioned under this agreement and supporting Service Level Agreements for aperiod ofthree months bdlovWngC(]ONTY issuance nffinal acceptance nfwork completed. 4) Data Ownership COUNTY retains ownership of all data that is not unique to CONTRACTOR operations and retains exclusive rights bointellectual property created ooaresult ofwork performed for this agreement. All draft, interim, prototype and production electronic products created as a result of this agreement shall be considered "Works Made for Hire" under US copyright law. As such, COUNTY is considered the legal author of resulting work products unless both CONTRACTOR and COUNTY sign awritten agreement tnthe contrary. All COUNTY data must be returned to COUNTY upon request or termination of agreement in amedium/format specified byCOUNTY, 5) Confidentiality CONTRACTOR will treat COUNTY systems aaconfidential and proprietary. Freedom of information or open records requests for confidential and proprietary COUNTY data will be referred tothe COUNTY point nfcontact who will follow internal COUNTY guidelines for release ofrequested information. 8) Agreement Assignment COUNTY reserves the right to written approval of any assignment of CONTRACTOR responsibilities toosuccessor orthird party. /fsuch assignment /s approved, CONTRACTOR shall remain liable for the performance of its obligations under this agreement. |nthe event that any terms and conditions inthis section conflict with the terms and conditions contained in the Services Contract, this section will take precedence, In the event that any terms and conditions in this section conflict with the terms and conditions contained In the Services Contract, this section will take precedence. Questions related to this Request for Proposals (RFP) must be directed to Non Levey. CPpB. Procurement Specialist, Contracts & Procurement Division 520-6401orby e- mail: kenlavey@elpasoco.com or by FAX: (719) 520-6396. All questions shall bmsubmitted in m/M8ng not later than 1/30 P.M, Thursday, November 21, 2018. Written responses to those questions will be forwarded to all vendors who received a copy of this RFPhorn the Contracts & Procurement Division. Donot contact any other individual regarding this RFP. npP/3-0g2 JDEDvmAeD8FUNCTIONAL CONSULTING SERVICES Gmnota/3pwnificauon Page 4 NOTE: THE ABOVE DATES ARE APPROX|MATE, ARE NOT BINDING AND ARE SUBJECT TO CHANGE. V. FEE/RATE SCHEDULE See RFPSection VlU. 5. The Fee/Rate Schedule must bwsubmitted inaseparate envelope, one (1)original copy PLUS four (4)copies, clearly marked VIL PROPOSAL PRESENTATION One (1) copy of your proposal must be submitted for public viewing and should be marked "Public Copy." The purpose of this copy is to meet the County's requirement for Open Records Requests (C.R.S. 24-72-204) and should not contain your proprietary information. The Contracts & Procurement Division.. in conjunction with the County Attorney's Df0oe, reserves the right to determine what ioconsidered public information. Proposals shall besigned byonauthorized representative ofthe proposer. Failure bosubmit the information requested may result in the B Paso County Contracts & Procurement Division requiring prompt submission of missing information and/or giving a lower evaluation of the proposal. The Contracts & Procurement Division may reject proposals which are substantially incomplete cxlack key information. By submitting a proposal, you represent that you have (1)thoroughly examined and become familiar with the scope of services outlined in this RFP and (2) are capable of performing quality work boachieve the County'oobjectives. It isnot necessary bobeable bosupport all nf the functional environments tnbid onthe RFP. CONTRACTORS that can provide specialized services in a limited area will be considered. CONTRACTORS that are only able U7provide project work oronly able to provide staff augmentation will beconsidered /ntheir respective areas, The COUNTY expects to award multiple contracts to those CONTRACTORS who will be the best fit for the various needs. The following information must accompany your proposal. REP 13-092 JD EDWARDS FUNCTIONAL CONSULTING SERVICES General Specifications Page 5 1) Compliance with all items required on the Response Checklist form included in this RFP package, 2) • Project Work� a) Description of your preferred billing model, Rate schedule for project resources. b) How do you handle a situation where the key COUNTY stakeholders, business users, or technical resources are only available to a project for less than 10 hours per workweek? Describe how you would allocate your resources for a partial workweek engagement, c) What project size and complexity thresholds do you use to determine if a CONTRACTOR project manager is required to be assigned to a project? d) Description of the number of resources in your organization by functional area available for project work. Include employees or regular subcontractors. e) Describe the methods you use to «♦• the non -technical, people or process elements • projects. f) Description of your approach to project management including any methods or systems used, Include sample project management plans, work breakdown structures, communications plans and training plans from representative projects. g) Description of personnel (resume) you are proposing for project work including their current geographic location and general availability for the next 12 months. 3) For Staff Augmentation: a) Description of your preferred billing model and rate schedule, COUNTY is looking for a committed resource for a certain number of hours per week or month, If you have a different preferred billing model include that as well, b) Description of the functional areas you are able to support and the equivalent percent of FTE that you could •!. in that area. c) Description of the service levels you are able to provide for critical and normal issues, d) Description of any ticketing system or tools/reports used to track work request or trouble calls • a functional area if any. e) Description • personnel (resume) you are proposing • staff augmentation work including their current geographic location and general availability and the FTE equivalent they are able to work. f) Description of the depth of resources by functional area, Description of backup • if the • is unavailable, g) Minimum number • hours per week, bi-weekly or • basis the County would be required to utilize proposed t• 4) Resume of personnel you are proposing, highlighting specific experience in JD Edwards consulting in government or non-profit environments. Resumes shall provide an uninterrupted history of work experience for the last 3 years. 5) Hourly rates of personnel you are proposing (Hourly Rate + Markup + Billing Rate), Include hourly rates for onsite and remote assistance separately. Respondents are to provide cost information on their form(s), The County may contact and/or visit the reference accounts. Please include an affirmative RFP1n-092 xDEDAARD8FUNCTIONAL CONSULTING SERVICES General Specifications Page evaluating past performance and acknowledges that any information obtained from the reference will not bedisclosed to the partner, IX. PROPOSAL PRESENTATION AND SUBMISSION Proposal responses must be received in the El Paso C A.m., i uesogy . . ..... December 3, 2013. Responses must be mailed or delivered inasealed envelope mthe above stated address and identified aa^RFPY3-092 JD EDWARDS FUNCTIONAL C0N$ULTNG SERVICES" |nthe bottom left-hand corner mf each envelope. For proposal purposes, respondents must submit copies of certificates dinsurance for as identified /nthe attached Services Contract, The successful firm must provide original certificates prior to commencing sen/icee, at its own expense, naming El Paso Cm - additional insure�with athirty (3D)day cancellation notice, and maintain such coverage forthe duration nf the contract. Fhnno submitting a proposal in response to this RFP may be required to give anora presentation of their proposal in on interview session with the Evaluation Committee. Firms should be prepared to discuss their project approach and introduce their proposed project key personnel. These interviews will belimited hoone hour. Additional technical and/or cost information may be requested from any firm by the Evaluation Committee pr|or, during orafter the interview for clarification purposes, but in noway will change the original proposal submitted. (nten/ievwa, if conducted, will be used to aid the Committee in their final evaluation and decision of award. X11. EVALUATION AND AWARD PROCESS An Evaluation Committee comprised of personnel from any or all of the following departments will evaluate all proposals: Information Technology Division Other designated County or community representatives as maybe deemed necessary, The Evaluation Committee will evaluate all proposals received for completeness and the respondent's ability hymeet all specifications as outlined in this RFP, The negotiations and award process will fu||mw the procedures as outlined in the "INSTRUCTIONS FOR SUBMITTING PROPOSALS". Issuance of this RFPund receipt ufproposals does not commit the County h/ award o contract. The County reserves the right topostpone opening, toaccept orreject any orall proposals received in response to this RFP, or to negotiate with other than the highest ranked proposer should negotiations with the highest ranked proposer be terminated, or to cancel all or any part of th/nRFP. Award ofacontract /scontingent upon available and approved funding. RFP 13-092 JD EDWARDS FUNCTIONAL CONSULTING SERVICES General Specifications Page 7 Any contract awarded between El Paso County and the successful provider will consist of a Professional Services Contract (a copy of which is included in this RFP package) signed by both parties, this RFP and any addenda, the submitted proposal, all negotiation documents and the • • Order and original certificates • insurance, If proposer does not agree with any terms or conditions of the County's standard Services Contract or Supplemental Contract Terms & Conditions contained in RFP Section It. E, the •if MUSt DreSent Its akegntinns with its Droposat If no concerns are expressed by proposer, the County shall consider that all terms and conditions of the standard Services Contract and supplemental terms and conditions will control. If corttrar-t ME111"UMWIM EM111#1NA I'll 1 1 � 4m--- . WFIR11 t:7,M-,PL1VfJ,%i fu IM Utanuaru contract terms • conditions. W XMIRM, M-�M[Nft- JJIMQ116�11 � . -� I 1114N U- Proposals will be judged on the information provided in the proposal submission or provided in response to interview questions, if interviews are conducted. I The Response Checklist (form included in this RFP package). This Response Checklist must be signed and returned. 2) Each Addendum acknowledgement signed for each addendum issued, The Addendum content does not need to be attached, just the acknowledgement page. 3) • Statement Included in the RFP •• 4) Information identified in Section VIII. Proposal Submission Requirements. 5) Any additional documents requested • this RFP, 6) Copies of requested insurance certificates, if applicable. 7) Adequacy and completeness of the proposal with regard to the information specified herein; i.e,, compliance with and acceptance of all terms, conditions, and all provisions -• in the RFP, 8) Exceptions to requested services identified within this solicitation, including El Paso County Contract Terms & Conditions and Insurance Requirements, RFP 13-092 JD EDWARDS FUNCTIONAL CONSULTING SERVICES Gemerat Specifications Page 8 Note: Submit one (1) original, four (4) copies, and one (1) public viewing copy of the proposal package. Any questions regarding this RFP should be directed to Ken Lavey, CPPB, Procurement Specialist, (719) 520-6401, or e-mailed to: kenlavey@elpasoco.com, key Lavee Ken Lavey, CPPB Procurement Specialist APPENDIX B CONMACTOR'S RESPONSE RFP NO.: 13-092 DATE: DECED0BER3.2O13 ELPASOCOUNTY CONTRACTS & PROCUREMENT DIVISION RESPONSE CHECKLIST FOR JDEDVVARDSFUNCTIONAL CONSULTING SERVICES The 5nn submitting this proposal is required to submit those items listed below in hu|| as part o/the proposal package. Failure to submit any of the documents listed below with your proposal, or failure to acknowledge any addendum, or submitting your proposal with any limitation, condition mprovision not na«ueahad, may be cause for rejection n[your proposal. Please check each item indicating compliance. THIS CHECKLIST MUST BESUBMITTED ASPART DFTHE PROPOSAL PACKAGE RESPONSE CHECKLIST ADDENDUK1(S)ACKNOWLEDGED (IF APPLICABLE) COPY OFQUALIFICATION STATEMENT COPIES OFGENERAL LIABILITY INSURANCE AND WORKERS COMPENSATION (IF APPLICABLE) CERTIFICATES ONE (1) ORIGINAL AND FOUR (4) COPIES DFPROPOSAL PACKAGE ONE (1) ORIGINAL AND FOUR (4)COPIES OFFEE PROPOSAL (in aseparate envelope from proposal package) ONE (1)COPY FOR PUBLIC VIEWING (CID iaacceptable) PLEASE READ THE "INSTRUCTIONS FOR SUBMITTING PROPOSALS" INCLUDED IN THIS PACKAGE. -i�-OMPANY I TELEPHONE NUMBER ADDRESS FAX AUTHORIZED REPRESENTATIVE (PRINT) TITLE Mario Alvarado CEO A OR U I E71 7,ATURE DATE 'Hi ' EL PASO COUNTY PUBLIC SERVICES DEPARTMENT CONTRACTS AND PROCUREMENJ DivisION — THE ATTACHED addendum oheU become as fully a pad of the above named RFP as if therein included - and shall take full and complete precedence over anything contained to the contrary. ACKNOWLEDGMENT: Each bidder shall indicate acknowledgment of receipt of this addendum by _ signing below and submitting this addendum with the bid, Each bidder shall be responsible for reading every item on the attached addendum Mascertain towhat extent and in what manner if affects the work being bid. Noattempt |cmade iolist these addendum items in any special order. The result of this addendum will affect the RFP opening date as follows: NO CHANGE ff:j ( acknowledge receipt cf this addendum which shall become apart ofthe submitted bid: (Please print mtype) COMPANY NAME PHONE AAUTHORIZED REPRESENTATIVE C C— 0 TITLE '� SIGNATURE DATE RFPN(ll3�92 _ DUE DATE: December I2O1D ELPASOCOUNTY CONTRACTS & PROCUREMENT DIVISION QUALIFICATION STATEMENT FOR DEDVVARDSFUNCTIONAL CONSULTING SERVICES This statement will provide information which will enable the County toevaluate the qualifications o[ you, company and staff with regard to the requirements of this Request for Proposal. Phaano complete this form in its entirety and submit it (in the number ofcopies requested) wit h Un the other required proposal documents. If request in the Qualification Statement is contained' in the proposal, indicate the section inthe proposal where that information can befound. (PRINT) PROVIDER NAME: Enterprise , ^ Services, uc CITY STATE ZIP: OrangL, CA 92868 AUTHORIZED REPRESENTATIVE: MarioAlvarado TITLE: CED AUTHORIZED SIGNATURE: E-MAIL ADDRESS: 1. TYPE OFBUSINESS 2.TYPE OFLICENSE LOCATION CORPORATION INDIVIDUAL PARTNERSHIP | | JOINT VENTURE [� OTHER: u".woL=lmity `—^c"�n" uo ') � mmp=re J TYPE /� /' uo «c ^ s° / . � �������"" Cxarlo JO Edwxds Enrnrpnneon(? ERP 'Ipplicatioris, CNC Tedinicai Su000rt, JD Edwa,ds Aophcalion Develop,now SUPpOltm* OF YEAVS IN BUSINESS: 1,3 Yews 5.OmASEPARATE SHEET PROVIDE ABRIEF HISTORY OFYOUR FIRM. STAFF SIZE AND EXPERIENCE. SUBMIT ARESUME FOR EACH OFTHE KEY PERSONNEL TOBE ASSIGNED TOTHIS PROJECT. 8.WHAT OTHER NAME(S)HAS YOUR COMPANY OPERATED UNDER: None ________________ - 7. HAVE YOU ORYOUR FIRM EVER FAILED TOCOMPLETE ANY WORK AWARDED TO YOU? ' YES NO |F^YE5^.ONASEPARATE SHEET, PLEASE EXPLAIN. - 8. HAS ANY OFFICER ORPARTNER QFYOUR ORGANIZATION EVER BEEN ANOFFICER _ ORPARTNER OFANOTHER ORGANIZATION THAT FAILED TOCOMPLETE A CONTRACT WITHIN THE LAST FIVE (5)YEARS? YES rl NO F� |F''YES^.DNASEPARATE SHEET, PLEASE EXPLAIN, RFPNO. 13-V55 QUALIFICATION STATEMENT PAGE TWO 8� HAS YOUR FIRM ORANY PARTNERS OROFF|CERSEVER BEEN INVOLVED |NANY _ BANKRUPTCY ACTION? YES F— N0 |F^YES~.DWASEPARATE L_\ E SHEET.PLEASEEXPLA)N: _ 1D.ARE YOU PRESENTLY INVOLVED (NANY LITIGATION WITH 4NOWNER OROTHER G0VERNMENTAGENCY? YES =NO 0ffi�)F~YES^.0NASEPARATE _ 5HEET.EXPLx|NK|ND'PLA|NT|FF.DEFENDANT.-- . AND STATE THE CURRENT 11� BANKREFERENCE: m""�w — ADDRESS: n/,3Irvine Blvd -Irvine, CA 92620 - CONTACT: w"m"..Fniom/ -------- PHDNE: (714)368^738 - 12.LIST THREE (3) SIMILAR PROJECTS FROM THE LAST FIVE YEARS. NOTE: DETAILED INFORMATION 0NTHESE PROJECTS MAY ALSO BEREQUESTED |N THE RFPPACKAGE - 1. Location of Project: Molina Healthcare, Contract AmOUnt: Contact Address: - ­ 2. Location Contact Name: Yukari BroWn _ Contact_ 1 El Paso Countv, Colorado Sorincls, CO _ Size of Project� Medium - OBIEE Imol Fin and Procure Ara _ ' ^" .n~,""u.v�� r""­^= ^.. Q­:... rn Contact 13. LIST CURRENT SIMILAR PROJECTS (LOCAL OR STATE-WIDE) UNDER CONTRACT - INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT) CONTACT - NAME, ADDRESS, TELEPHONE NUMBERS. NOTE: DETAILED INFORMATION ONTHESE PROJECTS MAY ALSO BEREQUESTED |N ' THE RFP PACKAGE 1- Citv ofOceanside, Oceanside, CA Size of ' Contract Amount: ContactContact Narne and Title: Yukari Brown Contact Address: 200 N. Coast Hwy, Oceanside, CA 92054 2. Location of roiect: El Paso Countv, Colorado Sprinqs, CO � c� �b Contact Name and Title: ---Steven Arm Contact Address: ('.Acr.;qrJe__Aye _ _ RFP NO. 13-055 QUALIFICATION STATEMENT 3. Location of Project: Size of Project: Contract Art;ount: contact Name and Title: Contact Adjr_es_S: Contact telephone and FAX Numbers: 14. LIST OF SUB -CONTRACTORS TO BE USED FOR THIS PROJECT: (INCLUDE NAME, ADDRESS, TELEPHONE NUMBER, TYPE OF WORK) t Name: Mark, Alvnrwln PAGE THREE Address: 333 City Blvd West, Suite 700, orange, CA 92868 Telephone Number: .'l Type of 2. Name: ion Auger Address- 333 City Blvd Vllesl, Suite 1700, Orange, CA 92868 Telephone Number: 714-368-9750 Type of Work: 01N CNC "reomcni 3. Name: Amel Alon Address: 333 City Blvd West, suite 1700 011r1qe,, CA 92868 Telephone Number: 714-368,9750 Type Of Work: JDE Devoloproont i 81 Pub,Croatef`oe-n IF ADDITIONAL INFORMATION IS PROVIDED ON A SEPARATE SHEET FOR ANY OF THE ITEMS, CLEARLY SPECIFY WHERE IT CAN BE LOCATED IN YOUR PROPOSAL PACKAGE. ENTERPRISI 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 JD EDWARDS FUNCTIONAL CONSULTING SERVICES RFP NO.: 13-092 RFP Response December 2, 2013 Executive Summary Enterprise Technologies provides Implementation Consulting services and Training for Oracle JD Edwards EnterpriseCine, JD Edwards World, Primavera and Oracle Business Intelligence products. Our expertise lies in our ability to efficiently extract clients' needs, to educate them, and to apply our knowledge of industry best practices and current technologies to achieve our clients' goals. Our consultants average 10 to 15 years of significant consulting experience implementing, developing or supporting Oracle JD Edwards Enterprise0ne ERP and Business Intelligence software solutions for our customers. Enterprise Technologies consultants are bound to a high standard of ethical conduct, and endeavor to exceed our clients' expectations. Our consultants strive to be the best of the best, and their combined experiences will be leveraged to complete your project. Enterprise Technologies' JD Edwards Implementation Methodology has been developed and refined over the last two decades. The methodology is proven, and provides a framework for predictable successful implementations, upgrades and small projects. A unique differentiator of the Enterprise Technologies solution proposed for El Paso County is our deep knowledge of the 1D Edwards environment, as well as our deep knowledge with related OBIEE, Vertex, Create!Form, Oracle UPK and Oracle OneView products. Our intent is to provide a single point of contact to support your enterprise that is experienced with nearly all the moving parts. This expertise will help simplify the interaction between all the different products and provide a higher level of services to the end user. Enterprise Technologies is currently engaged with El Paso County providing OBIEE implementation support as well as Oracle JD Edwards Budget support. Enterprise Technologies is a Gold Level Oracle Partner, and provides Oracle Certified Implementation Specialists for 1D Edwards. Enterprise Technologies was also recognized by Oracle and by its client for its success in implementing Oracle JD Edwards Enterprise0ne, Oracle Primavera and Oracle Business Intelligence in a highly compressed timeline. Please see the press release attached as Appendix B in this proposal. Certified Specialist Enterprise Technologies cold Page 1 of 13 ay partner ENTERPRISI 333 City Boulevard west, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Statement of Work Based on the Revised Request for Proposal (RFP) 13-092 from El Paso County, Enterprise Technologies has prepared the following consulting solution. Technology Environments to Support Enterprise Technologies has the capability to provide expertise for Project Consulting, Staff Augmentation and Training in the following functional areas: ClracleJOEdwrcf.:--:.;T-Triniiigertifi'id Saw Fflgli Finance Address Book Y Y Y General Ledger Y Y Y Accounts Payable Y Y Y Accounts Receivable Y Y Y Fixed Assets Y Y Y Job Cost (Grants) Y Y Y Budget Y Y Y Supply Chain Procurement Y Y Inventory Y Y Work Orders Y Y Asset Management Y Y CRM Y HCM Payroll Y Y Benefits Ad min Y Y _ Position Control Y Y� 'Technical Development Y Y CNC Y Y Weblogic Y Linux Y Related Systems Vertex Y Create! Form Y DSI Y Oracle UPK Y OBIEE Y Y Kronos y OneView Reporting Y Y Enterprise Technologies Gold Page 2 of 13 N't— ENTERPRISE 41 4-- 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 JD Edwards Project Consulting and Staff Augmentation 2. JD Edwards Project Consulting a. Description of your preferred billing model. Rate schedule for project resources. i. For projects that are well defined and within our areas of expertise, Enterprise Technologies prefers to use estimate the effort required for a project, apply the resources to complete the project with their respective rates, and create a fixed price bid to complete the work. This model provided price protection for the _. client and an incentive to the consultant to complete the tasks in the specified duration, which also benefits the client. b. How do you handle a situation where the key COUNTY stakeholders, business users, or technical resources are only available to a project for less than 10 hours per workweek? Describe how you would allocate your resources for a partial workweek engagement. i. It is common for client stakeholders, business users and technical resources to only have limited availability. Enterprise Technologies commonly schedules the interactions with the client resources in the form of work sessions and status meetings to control the interactions between the client and consultants and minimize the impact a project will have on the client's resources. c. What project size and complexity thresholds do you use to determine if a CONTRACTOR project manager is required to be assigned to a project?" i. Generally most projects have project management tasks to communicate to stakeholders or coordinate functional and technical resources. However, Enterprise Technologies functional leads are project managers and can handle these tasks as part of the functional consulting for small projects. Generally, projects with an etimated duration of more than 2 weeks, or with more than 10 tasks, or with a high level of interaction to stakeholder will require a billable project manager. d. Description of the number of resources in your organization by functional area available for project work. Include employees or regular subcontractors. Enterprise Technologies a� _ oma Page 3 of 13 lame, i 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Role"' _mu rk t 6, lrt y4_ i rrrplr�y �eubcrntr�ac[o Senior JD Edwards El Consultant - Financial & Supply Chain 1 2 Senior JD Edwards El Consultant - HCM 2 Project Manager 1 1 CNC Consultant 2 Development: JD Edwards 1 4 Development: BI Publisher 2 Senior OBIEE Consultant 2 Create!Form 1 Police and Fire Communications and Mobile Systems 1 Weblogic/Linux 1 Vertex 2 UPK 1 OneView 1 2 e. Describe the methods you use to address the non -technical, people or process elements of projects. i. Enterprise Technologies consultants have the ability to explain complex technical ideas in concepts that functional users can understand. The intent is to understand the appropriate level of communication necessary to convey message, and design the communication to that audience. f. Description of your approach to project management including any methods or systems used. Include sample project management plans, work breakdown structures, communications plans and training plans from representative projects. Enterprise Technologies has developed the following implementation methodology for our projects: ERP Implementation and Integration Methodology Enterprise Technologies Cora Page 4 of 13 Pprtnor W ._ 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Ccrrtfigur;�:�T� Major Phase Overview Define Project In the Define phase, the project's scope and schedule is developed and the project team is defined. The following planning items are developed: • Project Organization • Project Scope • Project Strategy • Project Objectives and Expectations • Work Plans & Schedules • Training Plans • Project Plan Signoff by Management Train Project Team The Project Team is trained to enable them to recognize the opportunities where the software's capabilities can enhance their business processes as well as build a foundation for their areas of expertise. Training will be accomplished with custom on - site training classes. Model Implementation In the Model phase, a prototype environment will be installed. Sessions are conducted to develop logical and physical process flows, and a solid definition of the business Enterprise Technologies cote Page 5 of 13 Partner b, 333 City Boulevard West, Suite 1700 ENTERPRISEOrange, CA 92868 Phone: 714 368-9750 fi,;<<,;,, Fax: 714-368-9760 process design is established. Prototype scripts are created, tested and retested in the prototype environment to validate process flows and procedures. Any issues are documented. The Business Process Design document is delivered and approved by the Management. Configure System The system is configured, and any open issues are resolved, Construction and testing of all interfaces, conversions, custom modifications and reports are completed. Integrated and Acceptance Testing is performed, user documentation is finalized and end user training and is rolled out. Resolution of issues and completion of training and technical solutions is confirmed by the Management. Go Live In the Go Live phase, the final environment is verified and contingency plans are finalized. Cutover procedures are executed and live user activities and support begins. The implementation is evaluated and tuned. The implementation is approved by the Management. Refine Over time, process improvement or version upgrades may be identified in periodic End User Technology Reviews. g. Description of personnel (resume) you are proposing for project work including their current geographic location and general availability for the next 12 months. 3. 1D Edwards Staff Augmentation a. Description of your preferred billing model and rate schedule. COUNTY is looking for a committed resource for a certain number of hours per week or month. If you have a different preferred billing model include that as well. b. Description of the functional areas you are able to support and the equivalent percent of FTE that you could accommodate in that area. c. Description of the service levels you are able to provide for critical and normal issues. d. Description of any ticketing system or tools/reports used to track work request or trouble calls from a functional area if any. e. Description of personnel (resume) you are proposing for staff augmentation work including their current geographic location and general availability and the FTE equivalent they are able to work. Enterprise Technologies y,a com Page 6 of 13 Partner ENTERPRISE ZBCity Boulevard West, Sunezn0 Orange, oue28e Phone: 714-368o750 f. Description ofthe depth ofresources hyfunctional area. Description ofbackup resources if the primary isunavailable. g. Minimum number of hours per week, bi-weekly or monthly basis the County would be required toutilize proposed personnel 4. Resume of personnel you are proposing, highlighting specific experience in JD Edwards consulting ingovernment ornon-profit environments, Resumes shall provide anuninterrupted history ofwork experience for the last 3yeao. a. Resumes attached S. Hourly rates of personnel you are proposing (Hourly Rate + Markup + Billing Rate). Include hourly rates for onsiteond remote assistance separately. Respondents are to provide cost information on theirform(s). a. Please see Fee Schedule Enterprise Technologiesp�e/�zs ENTERPRISE Staff Augmentation somy Boulevard West, Suite /700 Orange, cxyzooa Phone: 714-368'9750 Fax: 71+368-9760 o) Description ofyour preferred billing model and rate schedule. COUNTY blooking for a committed resource for a certain number of hours per week or month. If you have a different preferred billing model include that as well. i) Enterprise Technologies proposes toprovide committed resources for the expertise listed below. (1) Consultants will be retained for the minimum amount of hours. (2) Any work in excess of the minimum hours will need to be approved by El Paso County. (I) Any work planned work inexcess ofthese minimum hours will bebid asasmall project, (4) Any resources not list below but listed within our capability in the "Technologies to Support" section will bebid asasmall project. SeniorJD Edwards El Consultant - Fan and Dist 16 32 Project Manager 2 24 - b) Description of the functional areas you are able to support and the equivalent percent of FTE that you could accommodate inthat area. i) Please see Staff Augmentation- a.iabove. d Description of the service levels you are able to provide for critical and normal issues. — i) Normal Issues — Normal Issues will be listed and prioritized in weekly status meetings, and will beperformed using the available hours for the appropriate resource. ii) Critical Issues — Enterprise Technologies will strive to respond to critical issues within 8 hours but nolater than 24hours. Issues will beassessed and completed assoon aspossible. If additional hours are needed outside of the minimum weekly hours, Enterprise Technologies will request approval additional hours from E|Paso County, - d) Description nfany ticketing system ortoo|s/reporto used tntrack work request ortrouble calls from a functional area if any. i) Toprovide mconsistent level ofvisibility, Enterprise Technologies requests access to El Paso [ounty's existing issue tracking system, It this is not available, Enterprise Technologies will use manual spreadsheet tracking ofissues. e) Description of personnel (resume) you are proposing for staff augmentation work including their - current geographic location and general availability and the FTE equivalent they are able to work. Enterprise Technologies G.1d Page 8 of 13 ENTERPRISE IBCity Boulevard West, Suite z700 Orange, CA 92868 Phone: 71+368'e750 Fax: 714-368-9760 Mario Alvarado SeniorJD Edwards El Consultant - Fan and Dist Irvine, CA 20 Matt Grain Senior JD Edwards El Consultant - Fan and Dist Torrance, CA 16 Adam Fleck Senior ID Edwards El Consultant - Fan and Dist Carlsbad, CA 16 Mario Alvarado Project Manager Orange, CA 20 Jon Auger CNC Consultant Salt Lake City, UT 8 Narender Reddy JCNC Consultant Irvine, CA 20 - f) Description ofthe depth ofresources byfunctional area. Description o[backup resources Kthe primary isunavailable. i) P/easeseeStaffAugmentation-eabove. - g) Minimum number of hours per week, bi-weekly or monthly basis the County would be required toutilize proposed personnel _ i) Please see Staff Augmentation- a.iabove Optionol Items 1) Organizational Change Management Consulting Services Enterprise Technologies has had success driving change in organizations through education, hands on training and partnering with the management to drive the change from the top down, Change Management will 6eincluded inany project bids. 2) Provide support for ]DErelated systems esdescribed |nthe related option systems tosupport section below. Please provide list ofrelated systems you are capable ofsupporting. a) Please see "Technology Environments to Support" above, 9) Provide alist ofthe functional, technical, and business process training and mertohn0classes you are capable of providing. a) Please see "Technology Environments to Support" above. Project Duration Enterprise Technologies Gold Page eof 13 ENTERPRISE Project Assumptions Hardware Provisioning IBCity oov(evomWest, Suite |700 Orange, cx92868 Phone: 7/+368-9750 Fax: 71+36e-9760 Client isresponsible for the cost ofthe hardware, and the labor tocomplete the init !a) provisioning uf the hardware and software to meet the Oracle Minimum Technical Requirements (MTRs) of the Oracle Please see the Fee Schedule which is included with this proposal in a separate cover. Enterprise Technologies G.1d Page 10 of i' -'�r• 333 City Boulevard West, Suite 1700 ENTERPRISEOrange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Marketwire: Oracle Press Release htt www,marl<etwire.com ress release raracle and enter. rise techr�olr� ies support molina- healthcare,s-gpt,rrational-growth-nasdag-orcl-1579972.htm m rketwire SOURCE: Oracle Corporation October 31, 2011 17:36 ET Oracle and Enterprise Technologies Support olln'a Health are's Operational Growth REDWOOD SHORES, CA--(Marketwire - Oct 31, 2011) - Oracle (NASDAQ: ORCL) -- With the installation of Oracle's JD Fdwards EnterpriseOne, Oracle's Primavera P6 Enterprise Project Portfolio Management (EPPM) and Oracle Business intelligence Applications, Molina Healthcare, Inc. is now able to consolidate financial and operational data to support current and future business needs. The new system was implemented with the assistance of Enterprise Technologies, a systems integrator and Gold level member of Oracle PartnerNetwork (OPN), to replace the manual, legacy system as Molina expanded its claims processing operations. In seven months, Enterprise Technologies implemented Oracle's JD Edwards EnterpriseOne Financials Management, Non -Stock Procurement, Human Resources, Payroll, Oracle Business Intelligence and Primavera P6 EPPM. EPPM has helped enable Molina to plan and manage the effort of over 1,200 individuals located from Maine to Louisiana, New Jersey to California, and places in between. Primavera P6 Analytics is already helping analyze, raise questions and provide answers based on resource allocation and actual effort on over 40 projects. "With Oracle's JD Edwards EnterpriseOne and Oracle Business Intelligence, Molina has reduced the time and effort needed to conduct their monthly close and report on this financial data by 20 percent," said Mario Alvarado, CEO, Enterprise Technologies. "With this additional functionality, Molina has also greatly improved visibility into its complex claims processing projects, allowing it to manage projects more efficiently." Enterprise Technolcgie.s cad Page 11 of 13 1=31 P.,tn 333 City Boulevard West, Suite 1700 ENTERPRISEOrange, CA 92868 Phone: 714-368-9750 i r C I.J.;,` Fax: 714-368-9760 Oracle Financial Analytics integrates directly with the Financial Management module of Oracle's JD Edwards EnterpriseOne via a pre -built adapter. This integration enables customers to improve decision -making and financial performance with complete and timely information on their department's receivables, payables, expenses, and revenue contributions. By moving from time - intensive reporting processes to Oracle Financial Analytics, the company has reduced the number of monthly financial reports from over 300 down to less than 20 drillable reports. "The installation of Oracle's JD Edwards EnterpriseOne and Oracle Business Intelligence Applications ~ has reduced the time necessary to conduct our monthly close process by 20 percent," said Joseph White, chief accounting officer for Molina Healthcare. "Not only has it made the company more effective, Oracle's applications have reduced the time I personally spend on our monthly close by nearly 16 hours -- that's time I can now spend with my family." About Enterprise Technologies Enterprise Technologies, a Gold level member of Oracle PartnerNetwork (OPN), provides implementation consulting and training for Oracle's JD Edwards EnterpriseOne, Oracle's JD Edwards World, Oracle's Primavera and Oracle Business Intelligence products with clients in a broad range of industries including Healthcare, Fresh Foods, Automotive, Governments, Retail Distribution and Manufacturing. Enterprise Technologies' expertise lies in its ability to quickly and efficiently extract the needs of their clients, apply knowledge of industry best practices, to educate their clients and lead them to their goals. For more information about Enterprise Technologies, please visit our Web site at www.)desolutions.com. About Molina Healthcare Molina Healthcare, Inc. (NYSE: MOH) provides quality and cost-effective Medicaid -related solutions to meet the health care needs of low-income families and individuals and to assist state agencies in their administration of the Medicaid program. Our licensed health plans in California, Florida, Michigan, Missouri, New Mexico, Ohio, Texas, Utah, Washington and Wisconsin currently serve approximately 1.7 million members, and our subsidiary, Molina Medicaid Solutions, provides business processing and information technology administrative services to Medicaid agencies in Idaho, Louisiana, Maine, New Jersey, and West Virginia, and drug rebate administration services in Florida. More information about Molina Healthcare is available at www.molinahealthcare.com, About the Oracle Oracle engineers hardware and software to work together in the cloud and in your data center. For more information about Oracle (NASDAQ: ORC.'L), visit http://www.oracle.com. Trademarks Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names may be trademarks of their respective owners. 5 Enterprise Technologies Gt,ia Page 12 of 13 P.,tn ENTERPRISE ji Contact Information 0 Contact: Eloy Ontiveros Oracle +1.650.607.6458 Email Contact Mario Alvarado Enterprise Technologies +1.714-368-9750 Email Contact Joan Levy Blanc & Otus for Oracle +1.415.856.5110 Email Contact 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Enterprise Technologies G.fd Page 13 of 13 ft't'— 333 City Boulevard West, Suite 1700 ENTERPRISE Orange, CA 92868 Phone: 714-368-9750 V" c" Fax: 714-368-9760 JD EDWARDS FUNCTIONAL CONSULTING SERVICES M' •�f I ki Fee/ Rote Schedule December 2, 2013 Enterprise Technologies t G.1d Page I of 2 IGOE w-MM-110 I'll. ENTERPRISE Pricing and Fees Consulting Rates Following please find the rate for each role to be used on this project. 333 City Boulevard west, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 -+''.f'n ' �y # 43k �'-. nz ,k �L :f6"$i�t . , Vtteeirly .tveeklj Hour ' ivri'1 ,Hours#ou%s, A MX�e ' W y `fl'i rC4si. fd r �haur fl la1lt p /Er�iur r Liitktta`.� IR1te . 1 uac i CPS 4ireeltS Mario Alvarado SeniorJD Edwards El Consultant- Fan and Dist 20 16 32 $ 125 $ 50 $ 175 5145,600 Matt Grain SeniorJDEdwardsElConsultant -Fan and Dist 16 $ 125 $ 50 5 175 Adam Fleck SeniorlD Edwards El Consultant - Fan and Dist 16 5 125 $ S0 $ 175 Kevin Yeaman SeniorlD Edwards El Consultant - HCM 16 16 32 $ 150 $ 25 $ 175 5145,600 Mario Alvarado Project Manager 20 2 24 $ 125 $ 65 $ 190 5 19,760 Jon Auger CNC Consultant 8 20 $ 120 $ 40 $ 160 Narender Reddy CNC Consultant 20 8 20 $ 100 $ 60 $ 160 $ 66,560 Arnel Alon Development: JD Edwards / 81 Publisher 40 40 $ 100 5 30 5 130 $ 377, 520 Estimated Expenses (lo%) $ 37,752 Total Annual Maintenance Contract $415,272 Terms: Invoices will be presented weekly for the actual approved hours worked or the minimum contract hours for the functional area, whichever is greater. Invoices are due and payable 15 days after receipt of an undisputed invoice. Invoices will be presented for actual approved travel expenses periodically. Mario Alvarado is the Project Manager and primary Senior Consultant for this engagement. Additional Enterprise Technologies Consultants may also be performing the services to complete the work to meet an agreed upon schedule. The Statement of Work will be performed remotely with regular visits to the El Paso County site. Enterprise Technologies G.1d Page 2 of 2 P.m- El Paso County Contracts & Procurement Division 2015 RENEWAL CONTRACT NUMBER: 1:-092e SUBJECT MATTER: JoEoWxm7aFUNCTIONAL CONSULTING SERVICES COUNTY DEPARTMENT: SUPPORT SERVICES/INFORMATION TECHNOLOGY DIVISION cOmTxxorOp: ENTERPRISE TECHNOLOGY SERVICES, LLo xoo*Eaa :o:CITY eLvoWEST, SUITE 17oo CITY, STATE, ZIP ORANGE, cAyooxo TELEPHONE NUMBER 714-368-9750 FAX 71*'368-9760 EFFECTIVE DATE: EXPIRATION DATE: mEosMeEnm.xo1m THIS RENEWAL nfo between ELpASOCOUNTY, COLORADO(''COUNTY^)and smTsRpR|Ss rsC*moLos, sERv|cEm. Lu:,(^CO0TnACTOR'').and VV|TNE88ETHTHAT: VVHEREA8.the COUNTY has e�o�di�nthe ohginm|CONTRACT wxhthe CONTRACTOR on the 2woday ofJanuary, 3014and WHEREAS, the CONTRACTOR agrees todo, perform and umny out in m good and professional manner the services mooutlined inthe original CONTRACT, NOW, THEREFORE, the pates hereto mutually agree as follows: 1 The COUNTY shall renew this CONTRACT for services as outlined in the original CONTRACT pertaining to JD Edwards Functional Consulting Services for the period covered: January 1, 2015 2. On 1 2014. the Board of County Commissioners of B Paso County, Colomdo, appropriated adequate funds to pay for services rendered in accordance with this CONTRACT for fiscal yemr2015. This amount |nequal tour|nexcess ofthe contract amount nfthis CONTRACT. 3. The following is hereby made a part of the contract: Awarded vendor may elect to extend the resulting contract mprice agreement, pricing, terms and other conditions to any political uubdivision, but is not obligated to do so. 4. All other terms and conditions ofthe original CONTRACT remain the same. 5. The COUNTY has one (1) additional year at its option to renew the original CONTRACT. IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this renewal as of the date first written above. For the BOARD OrCOUNTY COMMISSIONERS ELPASOCOUNTY, CO MANAGER, CONTRACTS & PROCUREMENT DIVISION APPROVED AS TO FORM: OFFICE OF THE COUNTY ATTORNEY ENTERPRISE TECHNOLOGY SERVICES, LLC / BY: AUTHORIZED REPRESENTATIVE EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Consultant will perform JD Edwards (JDE) Functional Consulting Services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Project Scope • Applications (Functional) As Needed Services in support of City's JDE EnterpriseOne applications, including but not limited to: o EnterpriseOne Foundation (Address Book) o Financials (General Ledger, Accounts Receivable, Accounts Payable, Fixed Assets) o Human Capital Management (HCM) (Human Resources, Payroll) o Supply Management (Procurement, Inventory) o Asset Lifecylce Management (Real Estate) — (Note: module implementation is currently in process) • Development (Technical) As Needed Services in support of City's customizations and bolt-ons to the JDE software. 2. As Needed Services and Deliverables • As Needed Services will include, but not be limited to, the following types of activities by Consultant: o Functional assistance with annual 1099 and W2 creation o Help with reports (and/or One View Reporting) Surfnet Exhibit A o How to perform specific functions within a supported module (e.g., G/L, A/P, HCM, etc.) o Functional specification (e.g., requirements and design) for development and testing of customizations and/or bolt-ons to JDE o Application configuration and testing for changes to module(s) currently used by City o Production support o Trouble -shooting and providing resolution of issues encountered in JDE C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide system access to Consultants to perform duties as outlined above 2. Assist Consultants with understanding JDE issues that arise 3. Testing fixes provided by Consultants to ensure operability D. WORK PROGRAM/PROJECT SCHEDULE: To be determined Surfnet Exhibit A ACORR CERTIFICATE OF LIABILITY INSURANCE / !� DATE(MMIDDNYYY1 1 7m2014 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 CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) 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 endorsements). PRODUCER Patriot Risk & Insurance Services 8105 Irvine Center Drive #400 Irvine, CA 92618 NAME: CONTACT P",�" ; sa9 ass-7soo Fn c Not: 949 486-7950 E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAICN INSURER A: Valley Fore Insurance Company 20508 www.patrisk.com OG55454 INSURED Enterprise Technology Services, LLC 333 City Blvd. West, Suite 1700 INSURERB: Continental Casualty Company 20443 INSURERC: INSURER D : Orange CA 92868 INSURER E : INSURER F : rn11C0A/_9:C CERTIFICATE NUMBER- onoa 700'3 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 NTH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A L UB POLICY NUMBER MMIDPOLIC Y EFF DIYYYY POLICY EXP MMIDD LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a✓ OCCUR ✓ 84018069518 2/26/2014 2/26/2015 EACH OCCURRENCE $ 2,000.000 PREMISES as occurrence $ 300,000 MED EXP (Any oneperson) $ 10.000 PERSONAL 8 ADV INJURY $ 2.000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 PRODUCTS-COMPIOPAGO $ 4,000,000 JECT IqPOLICY a PRO n LOC $ OTHER: A AUTOMOBILE LIABILITY ✓ B4018069518 2/26/2014 2/26/2015 COMBBIINEISINGLE LIMIT IE.ANY $ 1,000,000 BODILY INJURY (Per Person) $ AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTO NON-OWNED ✓ HIRED AUTOS AUTOS PROPERTY OAMAGE racudenil $ B ,/ UMBRELLA LIAB OUR B4018070944 2/26/2014 2/26/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE S 1,000,000 IXCESCC S LIAB K CLAIMS -MADE DED ✓ RETENTION$10,000 $ 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE YIN STATUTE CT E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? IMandetory In NH) If yes. describe udder DESCRIPTION OF OPERATIONS below N IA E.L. DISEASE - POLICY LIMIT $ A J Errors & Omissions (E&O) 84018069518 2l26/2014 2/26/2015 Limit: $1,000,000 / Deductible $2,500' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required) Re: Operations usual to the named insured City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named asI n p(�VED.5 TO Additional Insured as respects to General Liability and Auto Liability per endorsements attached where required by w contract. 30 days notice of cancellation, 10 days for non-payment of premium. L.) j CI, nv—r—u^1 nve mNlrl:II ATInN ttv, - - --- City of Huntington Beach Attn: Jim Slobojan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA. 92648 AUTHORIZED REPRESENTATIVE � [j Leonard E. Ziminsky U 1988-2014 AGUKL7 GUKYUItA I tun1. An ngnrs reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD GERj' NO.: 20Q17982 Amette Tyro 7/7/2014 10: 0:51 AR (PDT) Page i of, 6 This certificate cancels and supersedes ALL previously issued certificates. 2-61 by B4018069518 SB-146932-E CNA Enterprise Technology Services, LLC (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury;" but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) CFR ThT NO.: 20Q17y82 A—aer omera 7/7/2014 10:10:51 AN (PDT) Page 2 of, 6 This certificate cancels and supersedes ALL previously issued certificates. CNA- due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-146932-E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of. (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or SB-146932-E Page 2 of 5 (Ed. 06/11) C Rj NO.: 20Q77A82 Annee[e Romero 7/7/2011 10.10:51 AM (PDT) Page 1 of6 T is certificate cancels and supersedes ALL previously issued certificates. ��� SB-146932-E (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g p rtY 9• Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co -owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co -owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention of injury to a person or are insureds only with respect to their liability damage to another's property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products -completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance is excess over any other (1) rented to you: insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented To You as 4. LEGAL LIABILITY — DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06111) CEA'f NO.: 20417PS2 Annette Romero 7/7/2014 10:10:51 AN (PDT) Page 4 of6 _ Is certificate cancels and supersedes ALL previously issued certificates. SB-146932-E (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage' included in the "products -completed operations (4) Any ."executive officer" or insurance hazard." manager, if you or an additional insured is a corporation; B. Under B. Exclusions, 1. Applicable to (5) Any trustee, if you or an additional Business Liability Coverage, the last insured is a trust; or paragraph of 2. Exclusions is deleted and replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, an additional insured is a political subdivision or public entity., do not apply to damage by fire to premises while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a 7• Bodily injury period of 7 or fewer consecutive days. A separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3, 'Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive an right of recovery we may have y 9 rY y person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The insured; or 6. Broad Knowledge of Occurrence b, Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company) of the insured; and Form; 2. Not directly or indirectly related to the e. Paragraphs a, and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "'occurrence," offense, claim or "suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B,: SB-146932-E (Ed. 06/11) CER�' ND.: 20 17y67 Amette Romero 7/7/2014 10: 10 t51 AM IPDT) Page 5 of6 This certificate cancels and supersedes ALL previously issued certificates. Page 4 of 5 CNA (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is " excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. S13-146932-E (Ed. 06/11) Page 5 of 5 CER7 NO.: 20QI7182 AMette Romero 7/7/2014 10:10:51 AN IpOT) Page 6 of6 This certificate cancels and supersedes ALL previously issued certificates. Y'f CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Fora SEP 3 0 2014 PAIN I Department Finance Date: 9/26/2014 Project Manager Name: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: JD Edwards Functional Consulting Services 2) Estimated cost of the services being sought: $ 60,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services wfl be obtained: ❑ A Bid solicitation process iaccordance to the MC 3.03.060 procedures will be conducted.-70cr1n+L>L0G(ES ® MC 3.03.08(b) - Other Interagency Agreement procedure will be utilized. eVTr-.XP 1->C ❑ MC 3.03.08 - Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract=generally described on the list of professional service contracts approved by the City Council? If the answer to this�estion is "No," the contract will require approval from the City Council.) ,-5� As 5� No Fiscal Services pproval) Date 6) Amount, Business Unie(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): liN lu /i%- r.w r t�l_ `, (f- /,-7 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 10035205.69365 $2 00 $20 00 $20000 $ $ $ $ $ $ gal l�t4 Budget Approval �1� Date (partment Hea Signature(s) Oate recto of Fina ICYVLII. 's Signature a e f ©" 1 I >sistant pager's Signature Date nager's Signature Date jde support enterprise tech part i.docx REV: December /2013 ��NTINgT� 9 2�F�QUNP(a6?�\�0 CITY OF HUNTINGTON BEACH Professional Service Approval Form RECENED PART II Date: 10/14/2014 Project Manager: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance qV 0 3 2014 Finance Department PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Enterprise Technologies Services, LLC 2) Contract Number: FIN 201 y - Z V (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $60,000 Account number kContractual Dollar Amount Business unit. object # Yea e 111(-estimate) Year 2 (estimate)MI/ Year 3(estimate) / 10035205.69365 $20,000 $20,000 $0,000 $ $ $ 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? glYes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) t,00w c.- lLa-A- 9). Attach Exhibit A, which describes the proposed scope of work. -.- 10) Attach Exhibit B, which dyscribes the payment terms of the contract. Fiscal rchasing) Budget M ager Appro I Signature Director of Finance (or designee) Signature I4--31—i Date It Date 1 i� eq Date enterprise tech part ii.doc REV: December /2013 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 7n/2014 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 CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) 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 certiflcate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER patriot Risk & Insurance Services 8105 Irvine Center Drive #400 Irvine, CA 92618 www.patdsk.com OG55454 ACT NAME: PHONE gag 486-7900 FAX No: 949 486-7950 ° ° E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC # INSURERA: Valley Forge Insurance Company 20508 INSURED Enterprise Technology Services, LLC 333 City Blvd. West, Suite 1700 Orange CA 92868 INSURERB: Continental Casualty Company 20443 INSURERC: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2nR17QR2 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 CDNTRACT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE DL SUBR POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMID DfYYYYIA UNITS CDMMERCIAL GENERAL LIABILITY ✓ B4018069518 2/26/2014 2/26/2015 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE ❑✓ OCCUR DREEM ETO E RaENTED $ 300,000 MED EXP (Any oneperson) $ 10.000 PERSONAL & ADV INJURY $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✓ POLICY ❑ JECT PRO- LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ B4018069518 2/26/2014 2/26/2015 CEOeMBINEEnDISINGLE LIMIT $ 1 000 000 BODILY INJURY (Per person) $ AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS ✓ H EDAUTOS NON -OWNED VIIREAUTOS PROPERTY DAMAGE accident $ $ B �/ UMBRELLA LIAR ,/ OCCUR B4018070944 2/2612014 2/26/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED ✓ RETENTION $1( 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y I N ANY PROPRIETORIPARTNERIEXECUTNE ❑NIA DFFICERIMEMBER EXCLUDED? (Mandatory In NH) STAME ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ 0 ye5, describe under DESCRIPTION OF OPERATIONS below A Errors & Omissions (E&O) B4018069518 2/26/2014 2/26/2015 Limit: $1,000,000 / Deductible $2,500 DESCRIPTION OF OPERATIONS/ LOCATI DNS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Operations usual to the named insured City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as A������� AS TO r �� Additional Insured as respects to General Liability and Auto Liability per endorsements attached where required by I n con ract. 30 days notice of cancellation, 10 days for non-payment of premium. ©;%� City ofHuntington Beach Attn: Jim Slobojan 2000 Main Street Huntington Beach CA. 92648 SHOULD ANY OF THE ABOVE DESsdRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE E ©1988-2014 ACORD CORPORATIUN. All ngnts reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CBR}' MD.: 20Q17P12 Annette Bomero 7/?/2014 10:10:51 AM (PDT) Page 1 of, 6 This certificate cancels and supersedes ALL previously issued certificates. -bm-i/1y 84018069518 SB-146932-E CNA Enterprise Technology Services, LLC (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury;" but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds Is limited as provided herein: a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) CER�• NO.: 20§17282 Annette omero 7/7/2014 10:10:51 AM (PDT) Page 2 of6 Th1s certlf.1cate cance�s and supersedes ALL previously issued certificates. L=Z_►1 due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-146932-E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or forsuchadditional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or SB-146932-E Page 2 of 5 (Ed. 06/11) CERT NO.: 20g17P82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 3 of6 This certificate cancels and supersedes ALL previously issued certificates. �� SB-146932-E (Ed. 06111) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co -owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co -owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including prevention of injury to a person or lease equipment. Such person or organization damage to another's property; are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured, replaced because "your work" was Any Insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products -completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented To You as 4. LEGAL LIABILITY — DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) CERT ..c 20$17p82 Atte Romero 7/7/2014 10:10:51 AM (PDT) Page 4 of. 6 This certificatnnee cancels and supersedes ALL previously Issued certificates. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any -"executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. 'Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: SB-146932-E Page 4 of 5 (Ed. 06/11) CERT NO.: 2OQ17y82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 5 of6 This certificate cancels and supersedes ALL previously issued certificates. (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured, (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. SB-146932-E (Ed. 06/11) CERT NO,: 1.4172.2 Annette Romero 7/7/2014 10: 10:51 AM IPD7) Page 6 of6 Th1s certifi cat cancels and supersedes ALL previously issued certificates. Page 5 of 5