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HomeMy WebLinkAboutEnterprise Technologies, Enterprise Technology Services LLC - 2014-07-02i•lieCONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Enterprise Technologies Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park JDE Application Support Services Amount of Contract: $10,000 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: 9/18/14 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 ORACLE JD EDWARDS ENTERPRISE ONE SUPPORT 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 Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide technical support with Oracle JD Edwards Enterprise One setup, processes and fucntionality; 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 sves to $49 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 ,) �,��,� , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 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 Ten Thousand Dollars ($10,000). 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 agree/surfnet/professional svcs to $49 t 0/12 2 of 11 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svesto $49 10/12 3 of I I 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 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional sves to $49 10/12 4 of I 1 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/professional sves to $49 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 ali 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 sves to $49 10/12 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or rriaterial 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 to $49 10/12 7 of I I 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 agree/surfnet/professional svcsto $49 10/12 8 of 11 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professional svcs to $49 10/12 9 of I 1 1 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 agree/surfnet/professional sves to $49 10/12 10 of 11 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 COMPANY NAME By: print naCP,,,id,�nice ITS: (circle one) Chairma President AND C print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional sves to $49 10/12 11 of l I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Aort.�)� gatw� Director/Chief (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: �.� C y Attorney Date � — L — m EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach has requested help to support Finance and information Technology to improve the Encumbrance process and functionality in Oracle JD Edwards EnterpriseOne. This SOW will establish a pool of hours to be used for analysis and development, if necessary, to improve the process and functionality of the Encumbrance process in Oracle JD Edwards. An emphasis will be put on defining the concerns and meeting with Finance and IT to establish priority to complete the work within the allotted budget. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Enterprise Technologies will provide consultant(s) who are experienced and knowledgeable on the subject matter to perform the services. 2. Enterprise Technologies will provide Client computer hardware for our Consultant(s). 3. Enterprise Technologies has obtained all necessary licenses to perform the services, and warrants that the services and materials do not infringe any patents. 4. Enterprise Technologies has sufficient insurance to cover its obligations hereunder, including Worker Compensation, General Liability insurance. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Workspace: Please provide Testing facilities suitable for 1 consultant, with internet access and access to conference facilities with a high definition projector for the duration of this engagement. Also, please provide a phone capable of dialing out of the building. EXHIBIT A 2. Human Capital: Please provide reasonable access to the Finance and Procurement department managers and users to test the functionality for the duration of the engagement. D. WORK PROGRAM/PROJECT SCHEDULE: .m 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 per hour 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. 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 CONSULTANTSs 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 l Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the 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 Exhibit B 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 | 2 3 4 5 h 7 8 9 |0 || |2 |3 |4 |5 |h |7 |8 |4 20 2| 22 23 24 25 26 27 28 24 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY O[D0NT1NGTONBEACH AND ENTERPRISE TECHNOLOGY SERVICES, LLC FOR ORACLE JD%DVVANDSENTERPRISE ONE SUPPORT Table o[Contents Scopeo[Services ..................................................................................................... CityStaff Assistance ................................................................................................ Term; Time n[Performance ..................................................................................... 2 C-----------------------------------2 ExtraWork ............................................................................................................... 2 Method of Payment ........-----------------------------.3 Disposition o[Plans, Estimates and Other Documents --------------.3 HoldHarmless ......................................................................................................... 3 Professional Insurance ............................................................................. 4 Certificate o[Insurance ............................................................................................ 5 Independent Contractor ............................................................................................ h Termination of Agreement -----------------.-----------h Assignment and Delegation —.--------------------------..h C---------------,-----------------.7 City Employees and (]Dfioia|u.................................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... 8 Modification............................................................................................................. 8 SectionHeadings ----------'_................................................................... Interpretation of this Agreement --------------------------8 [)uo|kcuto Original .................................................................................................... 9 Immigration............................................................................................................... 9 Legal Son'ioou Subcontracting Prohibited ................................................................ 4 Attorney'uFees .......................................................................................................... 0 Survival..................................................................................................................... GoverningLaw ......................................................................................................... l0 9 --_--_-------------------------------'l0 Entirety -----------------.....--------------------,]0 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/7/2014 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services 8105 Irvine Center Drive #400 Irvine, CA 92618 NTACT NAME: HONK 949 486-7900 :AX No: 949 486-7950 E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC # INSURERA: Valley Forge Insurance Company 20508 www.patrisk.com OG55454 INSURED Enterprise Technology Services, LLC 333 City Blvd. West, Suite 1700 INSURERB: Continental Casualty Company 20443 INSURERC: INSURERD: Orange CA 92868 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20817982 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 ADDL SUBR POLICY NUMBER POLICY EFF MM/DD YYY) POLICY EXP MM/DDffYYY LIMITS A �/ COMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR ✓ B4018069518APPROVED / 1'V 6/2015 EACH OCCURRENCE $ 2,000,000 PREMSESAGE �aocc�ence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 i C BY FFF��—Grad--�----- � � Jennifer McGrat ' GEN'L AGGREGATE LIMIT APPLIES PER: ✓ POLICY PRO-JECT LOC ,City Attom y d/• 4 ( GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ B4018069518 2/26/2014 2/26/2015 EeacdeD SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED ✓ HIRED AUTOS ✓ AUTOS B Y/ UMBRELLA LIAB y/ OCCUR B4018070944 2/26/2014 2/26/2015 EACH OCCURRENCE $ 1,000 000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I ✓ I RETENTION$10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECU7IVE OFFICER/MEMBER EXCLUDED N / A STATUTE ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L DISEASE -EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, 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 / LOCATIONS / 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 Additional Insured as respects to General Liability and Auto Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment of premium. L;t=K I It-IL:A I t City of Huntington Beach Attn: Jim Slobojan 2000 Main Street Huntington Beach CA_ 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Leonard E. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERT No.: 20§17J82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 1 of6 This certificate cancels and supersedes ALL previously issued certificates. 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 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. 06111) CERT NO.: 20Q17962 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 2 of6 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) 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 Page 2of5 CERT NO.: 20817982 A=ette Romero 7/7/2014 10:10:51 AM (PDT) Page 3 0 f.6 This certificate cancels and supersedes ALL previously issued certificates. CNA S (Ed. 06 1 ) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Property additional insured. 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 A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY— DAMAGE TO PREMISES described in Section" D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. -Applicable to Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) CERT NO.: 20817je2 Annette Romero 7/7/2014 10:10:51 AM (PDT) ?age 4 1 6 This certificate cancels and supersedes ALL previously issued certificates. CNA Paragraphs 3, 4, 5, and 6 of this exclusion do not a`pply 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.: 20817P82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 5 of, 6 This certificate cancels and supersedes ALL previously issued certificates. 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. SB-146932-E Page 5 of 5 (Ed. 06/11) CERT NO.: 20§17?82 Annette Romero 7/7/2014 10:10:51 AM (PDT) Page 6 of6 This certificate cancels and supersedes ALL previously issued certificates. CITY OF HUNTINGTON BEACH Professional Service Approval Form '~ PART I Date: 6/23/2014 Project Manager Name: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance RECEIVED AUG 0 4 2014 Finance Department PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: JDE Application Support Services 2) Estimated cost of the services being sought: $ 10,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If nswer to this question is "No," the contract will require approval from the City Council.) A Yes ❑ No 6 z3 _,y (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 10035205.69365 $10,000 $ $ $ $ $ Budget Approval nt Head,,Signature(s) of Fi%ar%e's Signature Assistan —Cry Manager's Signature APPROVED" anager's Signature ('4�kA, Date/ Date ' 2 3 �( Dat Date �- zq-i� Date template part i.doc REV: December /2013 S, CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form AUG 04 2014 Z�FCGUNTif GP���c PART R FinanceD " p .. ), Date: 6/23/2014 Project Manager: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Enterprise Technologies 2) Contract Number: FIN (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $10,000 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 10035205.69365 $10,000 $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Fiscal eserQPurchasing) Budget Manager Approval Signature vo, 1, avtl Director of Finance (or designee) Signature template part ii.doc REV: December /2013 Z3 /Y Date CQ a l c� Date 6�7 2 3'7 q Date ZI(Y-/� City of Huntington Beach All BU Category Department FY 2013/2014 Finance Report Fund: General Fund Object Adopted Budget Revised Budget Actual PO/Contract Amount Calculation Account FY 13/14 FY 2013/14 2013 2013 2013 51100 - Salaries - Permanent 516,400 491,229 315,057 176,172 54000 - Termination Pay Outs 0 0 12,555 (12,555) 55000 - Benefits 256,126 239,345 153,542 85,804 51000 - PERSONAL SERVICES 772,526 730,575 481,154 249,421 63000 - Equipment and Supplies 8,000 37,331 9,040 31,279 (2,988) 64520 - Repairs and Maintenance 0 2,849 2,849 0 0 68500 - Conferences and Training 5,000 5,000 5,140 0 (140) 69300 - Professional Services 140,000 226,548 145,273 32,210 49,065 69450 - Other Contract Services 0 41,951 42,436 0 (485) 79000 - Other Expenses 0 0 60000 - OPERATING EXPENSES 153,000 313,679 204,738 63,489 45,451 50000 - EXPENDITURES 925,526 1,044,253 685,892 63,489 294,872 6/23/2014 4:54:09 PM Page 1 of 1 EXHIBIT A ENTERPRISE ui4 a tech Y Is �o ls June 24, 2014 Jim Slobojan Fiscal Services Manager 2000 Main Street Huntington Beach, CA 92648 Re: Engagement Letter — Oracle JD Edwards EnterpriseOne Encumbrance Support Jim — 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Following please find the Statement of Work (SOW) for Oracle JD Edwards EnterpriseOne Encumbrance Support Work between Enterprise Technology Services, LLC d.b.a. Enterprise Technologies (Enterprise) and the City of Huntington Beach ("the City"). This SOW provides a pool of hour to be used to support Finance and IT to improve the Encumbrance setup, processes and functionality in Oracle JD Edwards EnterpriseOne. About Enterprise Technologies Enterprise Technologies, a Gold Business Partner of Oracle®, provides implementation consulting and training for Oracle JD Edwards EnterpriseOneTM, JD Edwards World, Oracle Primavera and Oracle Business Intelligence products. Our expertise lies in our ability to efficiently extract clients' needs, educate our clients and apply knowledge of industry best practices and current technologies to achieve clients' goals. Our clients represent a broad range of industries including Healthcare, Fresh Foods, Automotive, Local, City and County Govemments, Retail Distribution, Toy Manufacturing, Mortuary, Veterinary Supplies, Dot Com Services companies. Our expertise lies in our ability to quickly and efficiently extract the needs of our clients, apply our knowledge from experiences, industry best practices and current technologies, educate our clients and lead them to their goals. Enterprise Technologies is a Gold Level Business Partner of Oracle Corporation and offers JD Edwards EnterpriseOne 9 Financial Management Certified Implementation Specialists. CDRACL E' ® Gold 6/24/2014 Page 1 of 4 c�rt;rma sr�c Partner ENTERPRISE �-e C 11 m Statement of Work Encumbrance Setup and Support 333 Oty Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 The City of Huntington Beach has requested help to support Finance and information Technology to improve the Encumbrance process and functionality in Oracle JD Edwards EnterpriseOne. This SOW will establish a pool of hours to be used for analysis and development, if necessary, to improve the process and functionality of the Encumbrance process in Oracle JD Edwards. An emphasis will be put on defining the concerns and meeting with Finance and IT to establish priority to complete the work within the allotted budget. Work Estimate: 7ask�Descriip"fi'td'n - f l Orace -_.._ _ m JD Edwarr El Encumbrance Edwards Support JDE Certified Sr. Finance Specialist _ 60 # 160 9,600 1 Total Direct Costs Estimated Expenses 9,600 400 Total Project (Not to Exceed) 10,000 Rate, Terms and Consultant Assigned: Invoices will be presented weekly on a time and materials basis for work completed. Invoices are due and payable 15 days after the invoice date. Mario Alvarado is the Project Manager and Certified EnterpriseOne Financial Implementation Specialist. Other Enterprise Technologies consultants may be used as the need arises with the mutual agreement of the City and Enterprise Technologies. The Statement of Work will be performed on and off the City site or at a site of Enterprise Technologies' and the City's mutual discretion. Schedule and Start Date: Enterprise Technologies is available to engage the Statement of Work Thursday, June 26h, 2014. The estimated duration of the project is 3 weeks. C:)RA4Ct_G" Gold 6/24/2014 Page 2 of Cert;ii�a spdcie;isw Partner ENTERPRISE Enterprise Technologies Investment 333 City Boulevard West, Suite 1700 Orange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 1. Enterprise Technologies will provide consultant(s) who are experienced and knowledgeable on the subject matter to perform the services. 2. Enterprise Technologies will provide Client computer hardware for our Consultant(s). 3. Enterprise Technologies has obtained all necessary licenses to perform the services, and warrants that the services and materials do not infringe any patents. 4. Enterprise Technologies has sufficient insurance to cover its obligations hereunder, including Worker Compensation, General Liability insurance. City of Huntington Beach's Investment 1. Workspace: Please provide Testing facilities suitable for 1 consultant, with internet access and access to conference facilities with a high definition projector for the duration of this engagement. Also, please provide a phone capable of dialing out of the building. 2. Human Capital: Please provide reasonable access to the Finance and Procurement department managers and users to test the functionality for the duration of the engagement. 0- RACE, Gold 6/24/2014 e Pa 3 of 4 - Partner g Certified Spaciolisi 333 City Boulevard West, Suite 1700 ENTERPRISEOrange, CA 92868 Phone: 714-368-9750 Fax: 714-368-9760 Next Steps It is my hope that you find this proposal beneficial to the City of Huntington Beach. I look forward to the opportunity to work together to complete this project. If you wish to engage Enterprise Technologies for the above work, please: 1. Sign and return this SOW. Your signature will confirm your intent to engage Enterprise Technologies, as well as your acceptance of the Statement of Work and Terms defined in this proposal. By signing below, the City of Huntington Beach and Enterprise Technologies agree to the Statement of Work and the terms of this proposal, and Enterprise Technologies is authorized to perform the above described work. ENTERPRISE TECHNOLOGY SERVICES, LLC Principal / Consultant June 24, 2014 CITY OF HUNTINGTON BEACH By: Its: Date: (DRAM_.4 ` Gold 6/24/2014 Page 4 of 4 C-tilmd sp..,e mt Partner