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HomeMy WebLinkAboutGoLive Technologies, Go Live Technologies - 2014-07-16J, CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: GoLive Technologies Purpose of Contract: Project assistance with utility billing RFP development Amount of Contract: $25,000 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: July 17, 2014 W/6�4 - X' 7 4 / /�L G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GO LIVE TECHNOLOGY, INC. FOR DEVELOPMENT OF A UTILITY BILLING RFP & VENDOR SELECTION 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 GO LIVE TECHNOLOGY, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to assist the city with the development of an RFP for Utility Billing software and vendor selection; 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 Richard Chenette who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to $49 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 j \A , 20 1A-- (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 12 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by 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 Twenty Five Thousand Dollars ($25,000). 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 10/12 2of11 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 svcs to $49 10/12 3of11 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 svcs to $49 10/12 4 of 11 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 1 1. 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 to $49 10/12 6of11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or. U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Slobojan 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professional secs to $49 10/12 7 of 11 TO CONSULTANT: Go Live Technology, Inc. ATTN: Richard Chenette 26632 Via Cuervo Mission Viejo, CA 92691 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 Svcs to $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/professionalsvcsto $49 10/12 9 of 11 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 Svcs to $49 M12 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, Go Live Technology, Inc. COMPANY NAME CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California B _ �.�, D� irector/€- 5' (Pursuant To HBMC §3.03.100) print name ITS: (circle one) Chairma resident ice President AND By: Lalz'4��� APPROVED AS TO FORM: e City Attorney i` % \^ o ✓�C� l �n �.ti��' Date print name ITS: circle one) Secretary/Chief Financial Officer/Asst. Secretary— r agree/surfnet/professional svcsto $49 10/12 11 of 11 -1,1to, t+ EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) This project will involve city employees from the Fiscal Services: (Treasury and Water Billing), Fire-Med, Public Works and the Information Technology department. This project will require active participation and coordination from assigned team members from each of these departments throughout the duration of the project. Experience has demonstrated that it is essential to have clearly defined process workflows and system requirements for each department before an effective RFP can be written. Having already performed these tasks for the City of Huntington Beach, Go Live Technology, Inc. will use this information to assist City staff in the creation of a RFP that will detail all of the features and functionality that the City of Huntington Beach must have in any eventual system they select. The City has indicated that they will use their own standard RFP documents and have agreed to write the initial RFP draft. Go Live Technology, Inc. will review these documents and provide input and recommendations. The City will be responsible for publishing the RFP and will be responsible for responding to vendor inquiries. Once all vendor responses have been received by the city, Go Live Technology will assist the city with evaluating and rating these responses. Both Go Live and the City will collectively develop a demo script designed to ensure that critical processes are demonstrated. In addition, Go Live will assist the city with managing site visits, contract reviews and vendor negotiations. This approach will ensure that the City of Huntington Beach ends up with a system that best meets the needs of its staff for the best possible price. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Go Live Technology will be responsible for leading or assisting with the following: EXHIBIT A 1) Regular Project Status meetings 2) Review of RFP draft document 3) Evaluate RFP vendor responses 4) Assist with demo script development 5) Manage vendor product demos (up to 4 vendors) 6) Manage site visits (up to 4 sites) 7) Assist city with managing the selection process 8) Contract negotiations C. CITY'S DUTIES AND RESPONSIBILITIES: 1. The City of Huntington Beach will appoint an onsite project liaison to assist Go Live Technology, Inc. staff with internal correspondence, reserving conference rooms, coordinating project meetings and conference calls. 2. Two resources will be assigned to the project from each affected department. They must be knowledgeable on current systems and have a strong understanding of the internal processes and procedures for their area. Project staff will be required to attend project meetings, provide input, attend all product demonstrations and perform all project assignments in a timely manner. 3. City will designate a Project Sponsor who will be responsible for overseeing the project, providing support to the project team and ensuring that project resources are secured and allowed time to perform all project duties as expected. EXHIBIT A 4. The City of Huntington Beach will assign IT staff to represent the Information Technology department on the Project Team for the entire duration of the project. D. WORK PROGRAM/PROJECT SCHEDULE: 4-6 months from contract execution. 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: 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 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. Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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) $25,000 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 GO LIVE TECHNOLOGY, INC. FOR DEVELOPMENT OF A UTILITY BILLING RFP & VENDOR SELECTION Table of Contents Scopeof Services..................................................................................................... I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration............................................................................................................... 9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I GOLIVA OP ID: MR A'"R®" ��. CERTIFICATE OF LIABILITY INSURANCE oATI: (W7morr YY) F 02/12114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DUES 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 Tien of such endarsement s . PRODUCER- A C I Commercial Insurance 714-755-1575 305 E. First 5# Suite E. 714-755-4124 Tustin, CA 92780 ACI Commercial Insurance CONTACT NAME: SErVICe Desk, Fxt 12fl PH�N o .714-755-1575 FAX No : 714-352-372$ E'L ADDREss: service@aciinsure.com INSURERS AFFORDING COVERAGE NAIC d IkSUMRA:UNITED STATES LIABILITY INS CO ENSURED Go Live Technology, Inc. 26632 Via Cuerve Mission Viejo, CA 92691 lNSUA£R B: INSURER C: rkSUR£R D INSURER E: - INSURER F: - COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER, THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURES? 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. iLT R TYPE OF INSURANCE—ANORRTl POLECY NUMBER POLICY EP 'MMlOD1YYYY P P MOF - LIMITS A GENERALLWEIUTY X COMMERCLAkL VNERAL LIABILITY C WMS Ai7E 1 OCCUR X MTKISS02768 /2/15113 12116114 EACH OCCURRENCE $ 1,000,000 PREWSEs Eaeaamenmk $ 300,000 M£D EXP taAv one persanf $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GENERALAGGREGATE S 2,OW,000 GEWL AGGREGATE UMITAPPLIES PER 7x. POLICY PRO-ED Lao PRODUCTS • COMPIOP AGG $ 2,000.000 $ A AUTOMOBILE x LAe44ITY ANY AUTO NED aCHpsULEO AUTOS HIREDAUT05 x AUTOSNOR-O X - MTK15502768 "��- k j i� ,�iJ ''t 12f15113 ��*',�v: i2115114 Ea ee�r.SNdeM3E GLE t1MIT 11000,000 BODILY INJURY (Par peurm) S BODILY INJURY (Per acofdentl S (Par S UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE y�yLv -- ... 'Ys+ x EACH OCCURRENCE S AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LUIBILRY YIN ANY PROPRIETORIPARTNER19=UTNE OFFICERiMEMBER EXCLUDED7 - (MandatorylnNH) !! yyes, desctlba under DESCRIFTIDN OF OPERATIONS Celow NIA- - WC STATU- OTti- E.L. EACH ACCIDENT i E,LDISEASE -EAEMPLOYE S W E.L. DISEASE-POLIGY LIMN' � S A ERRORS & OMISSIONS CLAIMS MADE MTK1550276B 12115113 12116/14 OCCURENCE 1,000,000 AGGREGATE 1,000,000 DESCPJFMCN OF OPERATIONS t LOCATIONS I VEHICLES (ANach ACORD 1011AddlUenai Remarks Schedule, if more apace Is required) THE CITY OF WJNTINGTORP BEACH, ITS OFFICERS, ELECTED OR APPOIUTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS CERTIFICATE HOLDER AND' ADDITIONAL INSURED IN REGARDS TO AUTO LIASXLXTY AND GENERAL LIABILITY PER FORM TO FOLLOW, CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ACORD 28 (2010105) CITYOHB SHOULD ANY OF THE ABOVE DESCRIBED FOLIOS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ACI Cam+ The ACORD name and logo are registered marks of CORPORATION. All rights reserved. o���hiINGTpy�� 2cF�Ut�TV>GA4���. CITY OF HUNTINGTON BEACH Professional Service Approval Form UTIRM Date: 6/23/2014 Project Manager Name: Jim Slobojan Requested by Name if different from Project Manager: Jim Slobojan Department: Public Works RECEIVED JUL 0 3 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: Provide project assistance with Utility Billing RFP development, including scope of work, evaluation, review, vendor demo management, final section, and negotiation of contractual terms. 2) Estimated cost of the services being sought: $ 25,000 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 the ans r to this tion is "No," the contract will require approval from the City Council.) s No Fiscal ServX es anag ignature (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) 50685801.848M $25,000.00 $ $ $ $ $ City Mauer s Signature D `'Z Zat 2!�) /(/ D,te Datet ?--/ Y- � -t Date TDate professional service approval form - part i.doc REV: December /2013 CITY OF HUNTINGTON BEACH Professional Service Approval Form P R Date: 6/23/2014 Project Manager: Jim Slobojan Requested by Name if different from Project Manager: Jim Slobojan Department: Public Works 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: Go Live Technology 2) Contract Number: PWK (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $25,000 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 50685801.84'MO (/U&5 $25,000 $ $ 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 paypent terms of the contract. Fiscal a Budget Manager Approval Signature Director of Finance (or designee) Signature Date -- 1 Date Date professional service approval form - part ii.doc REV: December /2013 City of Huntington Beach FY 13/14 Funds Available by Business Unit Report . Thursday, July 03, 2014 Object FY 13/14 FY 13/14 FY 13/14 FY 13114 Account Revised Actual Encumbrance Available 50685801 -Water Administration 51000 - PERSONAL SERVICES 1,191,083.86 858,293.21 332,790.65 61100 - Cable TV 1,500.00 551.56 616.39 332.05 61200 - Electricity 50,000.00 1,012.26 8,609.08 40,378.66 61300 - Natural Gas 4,621.74 1,526.83 1,794.91 1,300.00 61460 - Telephone 34,000.00 0.00 0.00 34,000.00 61550 - Cellular Phones 500.00 0.00 500.00 61450 - Telephone/Communications 34,500.00 0.00 0.00 34,500.00 61000 - Utilities 90,621.74 3,090.65 11,020.38 76,510.71 63075 - Furniture. Non -Capital 2,000.00 0.00 2,000.00 63100 - General Supplies 10,200.00 9,823.86 0.00 376.14 63125 - Office Supplies 30,000.00 14,508.27 20,517.09 -5,025.36 63230 - Software 161,414.00 69,838.69 44,873.59 46,701.72 63235 - Computer Hardware 199,348.93 61,010.03 2,412.99 135,925.91 63245 - Computer Supplies 6,500.00 6,500.00 63225 - Computer Supplies 367,262.93 130,848.72 47,286.58 189,127.63 63345 - USPS Charges 1,500.00 1,200.00 0.00 300.00 63295 - Postage Deliveries 1,500.00 1,200.00 0.00 300.00 64005 - Medical Safety Supplies 3,800.00 1,390.43 3,034.00 -624.43 64000 - Safety Supplies 3,800.00 1,390.43 3,034.00 -624.43 64140 - Food 15,000.00 2,409.86 0.00 12,590.14 64165 - Clothing/Uniforms 2,000.00 2,109.73 1,224.56 -1,334.29 64255 - Shop Equipment Operating 23,076.44 7,766.98 5,128.40 10,181.06 64455-Books 1,000.00 0.00 1,000.00 64405 - Books/ Subscriptions 1,000.00 0.00 1,000.00 64485 - Dues and Memberships 5,500.00 4,215.00 0.00 1:285.00 64500 - Certification 500.00 60.00 0.00 440.00 63000 - Equipment and Supplies 461,839.37 174,332.85 77,190.63 210,315.89 64570 - Equipment Repairs Maint 22,937.00 16,660.63 4,013.82 2,262.55 64620 - Contracts for Repair and Maint 1,000.00 0.00 0.00 1,000.00 67400 - Other Maintenance 13,655.67 0.00 -13,655.67 67450 - Building and Grounds Maint 24,688.00 7,589.16 1,236.08 15,862.76 67655- WOCWB Maintenance 91,924.00 45,962.00 45,962.00 67725 - Import Connect Maintenance 45,000.00 0.00 0.00 45,000.00 67650 - Water Maintenance 136,924.00 45,962.00 0.00 90,962.00 67735 - Radio Maintenance 9,000.00 18,888.23 12,959.49 -22,847.72 64520 - Repairs and Maintenance 194,549.00 102,755.69 18,209.39 73,583.92 68560 - Training - Other 54,500.00 8,911.01 19,920.00 25,668.99 68575 - Training - Tuition 2,500.00 257.74 2,242.26 68550 - Training 15,000.00 15,000.00 68550 - Training 72,000.00 9,168.75 19,920.00 42,911.25 68620 - Conferences - Other 15.00 -15.00 68610 - Conferences 5,000.00 5,000.00 68610 - Conferences 5,000.00 15.00 4,985.00 68500 Conferences and Training 77 000.00 9,183.75 19,920.00 47,896.25 / 69365 Other Professional Servces ... 497 48673 � 146 598.35 1 311 334 68 _-_.., . 39 553 70 -_-,... 69300 - Professional Services 497,486.73 146,598.35 311,334.68 39,553.70 69455 - Cont SvcsPrinting Reproduction 45,000.00 26,312.10 0.00 18,687.90 69500 - Cont Svcs - Janitorial 34,000.00 0.00 0.00 34,000.00 69505 - Cont Svcs - Other 12,000.00 0.00 -12,000.00 69530 - Cont Svcs - Other Advertising 2,000.00 0.00 0.00 2,000.00 69520 - Cont Svcs - Advertising 2,000.00 0.00 0.00 2,000.00 69450 - Other Contract Services 81,000.00 38,312.10 0.00 42,687.90 70300 - Leases 0.00 3,638.94 1,561.06 -5,200.00 70000 - Rental Expense 0.00 3,638.94 1,561.06 -5,200.00 78200 - Auto Allowance 5,800.00 13,639.59 -7,839.59 78000 - Expense Allowances 5,800.00 13,639.59 -7,839.59 79025 - Permit Expense 375,000.00 5,056.00 0.00 369,944.00 79100 - Contingency 75,725.22 74,423.11 26,220.26 -24,918.15 79000 - Other Expenses 450,725.22 79,479.11 26,220.26 345,025.85 60000 - OPERATING EXPENSES 1,859,022.06 571,031.03 465,456.40 822,534.63 82800 - Other Improvement 20,000.00 20,000.00 0.00 0.00 82000 - Improvements 20,000.00 20,000.00 0.00 0.00 83900 - Equip - Communications 49.86 49.86 0.00 84000 - Equip - Information Services 951,720.00 8,274.70 0.00 943,445.30 83000 - Equipment 951,769.86 8,274.70 49.86 943,445.30 80000-CAPITAL EXPENDITURES 971,769.86 28,274.70 49.86 943,445.30 88700 - Depreciation 0.00 0.00 88000 - NON -OPERATING EXPENSES 0.00 0.00 50000 - EXPENDITURES 4,021,875.78 1,457,598.94 465,506.26 2,098,770.58 Object Account 00506 - Water City of Huntington Beach FY 13/14 Fund Balance Report Thursday, July 03, 2014 FY 13/14 FY 13/14 Adopted Revised FY 13/14 FY 13/14 FY 13/14 Encumbrance Actual Available 10000-ASSETS 0 12,979,521 13,955 109,891,704 96,926,138 20000 - LIABILITIES 0 (166) 690 (2,550,901) (2,550,045) 30035 - Add'I Approp Apprvd by Council 0 (100,000) 100,000 30010 - BUDGET FUND EQUITY CHANGES 0 (100,000) 100,000 31100 - Unres Undes Fund Balance 105 759 336 . i ) 105 759,336 '. ,,, ( ), 31200 - Changes Budget Action 0 100,000 (100,000) 31000 - BUDGETARY FUND EQUITY 0 100,000 (105,759,336) (105,859,336) 35200 - RESTRICTED FUND BALANCE 0 0 35600 - ASSIGNED FUND BALANCE 0 0 30000 - TOTAL FUND EQUITY 0 0 (105,759,336) (105,759,336) 40000 - REVENUES (37,079,582) (37,079,582) 0 (26,839,981) 10,239,602 51000 - PERSONAL SERVICES 9,067,938 9,067,938 5,921,892 (3,146,046) 61000 - Utilities 1,437,718 1,472,381 369,140 582,080 (521,162) 62000 - Purchased Water 14,267,487 14,267,487 5,411,364 7,511,587 (1,344,536) 63000 - Equipment and Supplies 999,404 1,122,951 211,825 534,708 (376,418) 64520 - Repairs and Maintenance 2,391,574 2,710,597 512,636 1,265,701 (932,261) 68500 - Conferences and Training 99,700 99,391 23 5 1, 69450 -Other Contract Services 599,036 642,229 850,771 gi­ 5,639) y�„ L Q(�(,► 70000-Rental Expense 17,500 17,500 48,349 14,225 45,074 77000 - Interdepartmental Charges 5,670,707 5,670,707 5,670,707 0 78000 - Expense Allowances 17,400 17,400 21,726 4,326 79000 - Other Expenses 594,070 651,149 28,825 135,017 (487,306) 60000- OPERATING EXPENSES 26,993,796 28,192,121 7,396,749 16,389,561 (4,405,812) 82000-Improvements 7,520,000 8,775,437 1,737,865 1,539,100 (5,498,472) 83000 - Equipment 3,451,720 3,834,133 1,854,045 1,150,386 (829,703) 85000 - Vehicles 464,000 623,877 309,127 257,575 (57,175) 80000 - CAPITAL EXPENDITURES 11,435,720 13,233,447 3,901,037 2,947,061 (6,385,350) 88700 - Depreciation 0 0 88000 - NON -OPERATING EXPENSES 0 0 '.I �i' S0000 - EXPENDITURES 47'497'454 !' i 10,417,872 26,393,280 11,312,431 (0) (15,080,849) Development processing, inspection, special services, parcel review, EIR Engineering/Deve lopment-100 review, infrastructure funding study $155 700'. General Services-100 Inspection/Testing Services Consulting arborist, tree surveys, litigation reports, streets surveys, Maintenance O erations-100 special reports, safety/special training $15 000: Transportation Management-100 Traffic studies, minor design, plan check, special studies $10 000! Traffic Impact (206) Traffic studies, minor design, plan check, special studies $180,000 Gas Tax (207) Construction management, inspection, testing_prroject design $200 000 Water Service Fund (506) Protect design, construction management, inspection, testing Sewer Service Fund (511) 1 Project design, construction Grants & Restricted Funds I Project design, construction on, testi on. testi Total Professional Services $2 012,90U' Avail Balance 883,305 Amount Requested Vendor 10,000.00 Moffatt & Nichol Ken Dills 12/11/2013 60,000.00 Engineering Res(Debbie Debm 6/18/2014 87,500.00 Harris & Associa William Janu: 5/29/2014 75,000.00 City of Irvine Todd BroussE 11/19/2013 50,000.00 CM for Sr Center Todd Broussa 5/12/2014 120,000.00 Associated Lab Derek Smith 7/24/2013 200,000.00 Pacific Advanced Civil Enginee 12/11/2013 5,400.00 Go Live Technol( Ken Dills 3/11/2014 9,195.00 Geoscience Jay Kleinhein: 4/12/2014 200,000.00 Water Sampling Derek Smith 5/21/2014 25 00911Q Go Liv6NTech ibI( Jim Sloz. botan"' 7%2/2014 25,000.00 Hall & Foreman Brian Raglan( 5/1b/2014 262,500.00 Harris & Associa William Janu; 5/29/2014