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HomeMy WebLinkAboutAnjoe & Associates - 2010-12-01NO 1j CONTRACTS SUBMITTAL TO i 3 CITY CLERK'S OFFICEL To: JOAN FLYNN, City Clerk Name of Contractor: ANJOE & ASSOCIATES Purpose of Contract: Private Investigative Services Amount of Contract: Original $30,000 Amendment #1 $50,000 Amendment #2 $20,000 7"W'A4 Cl"J*cr �Ioo, 000 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. 171 to Risk Management F� Finance Dept. X ORIGINAL bonds sent to Treasurer ❑ Z R� -27 Date: Na/me!r-xtension j C#y/Aftorney's Office ,4�2,,' r�0��/ G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANJOE & ASSOCIATES FOR PRIVATE INVESTIGATIVE SERVICES THIS AMENDMENT NO. 2 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 Anjoe & Associates, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated December 1, 2010, entitled "Professional Services Contract Between the City of Huntington Beach and Anjoe & Associates for private investigative services which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, CITY and CONSULTANT wish to amend the Original Agreement to reflect additional compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 Amendment No. 2 to the Original Agreement, an additional sum, including all costs and expenses, not to exceed Twenty Thousand Dollars ($20,000). This additional sum shall be added for a new total amount not to exceed One Hundred Thousand Dollars ($100,000). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Page 1 of 2 10-2650.03/94141 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 20I3. CONSULTANT, ANJOE & ASSOCIATES Robert Dominguez, Owner/ a ger 10-2650.03/94141 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ty Manager Page 2 of 2 TO FORM: Attorney ". 4_ �-13 n C. EXHIBIT "B" Payment Schedule (Hourly Payment) Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Travel General Investigation: $41.13/hr Copies of public records/documents Actual cost of document Download if data from Merlin Information Systems $15.00/download Mileage $00.565 Note: Time spent conducting investigations or performing research on Merlin Information Systems will be charged at the hourly rate, but may be itemized in fifteen (15) minute increments. Charges for time during travel are reimbursable 2. Automobile expenses are limited to the IRS standard business mileage rate of $00.50 per mile. Billing All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy - Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. The CITY expects that all attorneys will have a library, be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw. 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 8. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 9. 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. 10. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 11. 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. Professional Service Approval Form Amendment # 2 1. Date Requested: 4/8/13 2. Contract Number to be Amended: 010 061 00 3. Department: City Attorney 4. Requested By: Jennifer McGrath, City Attorney 5. Name of Consultant: Anjoe & Associates 6. Amount of Original/Prior Contract: $80,000 7. Additional Compensation Requested: $20,000 8. Original Commencement Date: December 1, 2010 9. Original Termination Date: December 1, 2013 10. Extended Date Requested: None 11. Reason for Contract Amendment: Additional funds needed to provide private investigative services for City. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 10040101.69380 ,^ Department Head Signature V Director of Finance (or designee) Signature Name of Contractor: Purpose of Contract: Amount of Contract: Anjoe & Associates Private Investigative Services Original Contract - $30,000 Amendment No. 1 - $50,000 Total Contract - $80,000 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. Z to Risk Management ❑ Finance Dept. ® ORIGINAL bonds sent to Treasurer ❑ (�2jt/t, k�Lz,�zte� XF8,R% Date: ///c-;?-/ Na / xtension Ci Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANJOE & ASSOCIATES FOR PRIVATE INVESTIGATIVE SERVICES THIS AMENDMENT NO. 1 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 Anjoe & Associates, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated December 1, 2010, entitled "Professional Services Contract Between the City of Huntington Beach and Anjoe & Associates for private investigative services which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, CITY and CONSULTANT wish to amend the Original Agreement to reflect additional compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 Amendment No. 1 to the Original Agreement, an additional sum, including all costs and expenses, not to exceed Fifty Thousand Dollars ($50,000). This additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000), for a new total contract amount of Eighty Thousand Dollars ($80,000.00). Page 1 of 2 10-2650.002/71139 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on October 25 , 2011. CONSULTANT, ANJOOEE &ASSOCIATES By: Robert Dominguez, Owner/ an er 10-2650.002/71139 CITY OF HUNTINGTON BEACH, a municipal corporatik of the State of California Manager APPROVED AS TO FORM: City Attorney 1o. a--1� JI),,u•iI Page 2 of 2 -- -- -- 4. -- C,11 T—WI11 noC PAY--lOISCGtCLdI'lUl-C1IIIC-OI-JGGiGC¢17AI-0VG1617I1G. loll I Wlll L10L jJ' EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: General Investigation: $75.00/hr Copies of public records/documents Actual cost of document Download if data from Merlin Information Systems $15.00/download Mileage $00.50 Note: Time spent conducting investigations or performing research on Merlin Information Systems will be charged at the hourly rate, but may be itemized in fifteen (15) minute increments. B. Travel 1. Charges for time during travel are reimbursable 2. Automobile expenses are limited to the IRS standard business mileage rate of $00.50 per mile. C. Billing 1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy - Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. The CITY expects that all attorneys will have a library, be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw. 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 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. 10. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 11. 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. CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 10/6/11 2. Contract Number to be Amended: 010 061 00 3. Department: City Attorney 4. Requested By: Jennifer McGrath, City Attorney 5. Name of Consultant: Anjoe & Associates 6. Amount of Original/Prior Contract: $30,000 7. Additional Compensation Requested: $50,000 8. Original Commencement Date: December 1, 2010 9. Original Termination Date: December 1, 2013 10. Extended Date Requested: None Additional funds needed So provide private investigative servicesVorCity.12.Are sufficientfundsavailable to fund this contract? Yes �No13. Business Unit and Object Code where funds are budgeted:10015101.6938011. Reason for Contract Amendment: iA t Z Additional funds needed to provide private investigative servicesCity., 12.Are sufficient funds available to fund this contract? Yes ® No ❑ • ����t2 13. Business Unit and Object Code where funds are budgeted: 10015101.69380 Department Head Signature Director of Finance (or designee) Signature e 1 r �CONTRACTS SUBNIITTAL'TO' CITY CLERK'S OF IC" " N tf To: JOAN FLYNN, City Clerk Name of Contractor: Anjoe & Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Private Investigation Services Amount of Contract: $30,000 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: ������/ a /Exte sion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANJOE & ASSOCIATES FOR PRIVATE INVESTIGATIVE SERVICES THIS AGREEMENT ("Agreement") is 'made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ANJOE & ASSOCIATES, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide private investigative services; 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 Robert Dominguez, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 10-2650/55071 Page 1 of 17 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 December 1, 2010 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date or when Thirty Thousand Dollars ($30,000.00) is expended, whichever occurs first. In the event the Commencement Date precedes the date of final execution, 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 Thirty Thousand Dollars ($30,000.00). :��:/III.7_\+�L� In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 10-2650/55071 Page 2 of 17 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 applicable. 10-2650/55071 Page 3 of 17 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, "deductible" without the express written consent of CITY; however, an insurance policy of "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 10-2650/55071 Page 4 of 17 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect 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 10-2650/55071 Page 5 of 17 demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor 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 10-2650/55071 Page 6 of 17 subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 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: TO CONSULTANT: City of Huntington Beach Anjoe & Associates ATTN: Scott Field, Asst. City Attorney ATTN: Robert Dominguez 2000 Main Street P.O. Box 1683 Huntington Beach, CA 92648 Huntington Beach, CA 92647 10-2650/55071 Page 7 of 17 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 10-2650/55071 Page 8 of 17 shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and 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 10-2650/55071 Page 9 of 17 legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 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. CONSU)[ TANg''s initials 10-2650/55071 Page 10 of 17 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on the date written below. 10-2650/55071 Page 11 of 17 CONSULTANT, ANJOE & ASSOCIA S By: L Robert Dominguez, O r/ anager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 10-2650/55071 Page 12 of 17 Y �l� City Attome (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: I ity Attorney Date: I - Ij • ( 1 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City requires the services of a private investigator to investigate lawsuits, interview witnesses, check / research records, take photographs and perform undercover surveillance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Investigate lawsuits, interview witnesses, check / research records, provide photographic evidence and perform undercover surveillance, as necessary. 2. Provide City with timely reports of investigative findings C. CITY'S DUTIES AND RESPONSIBILITIES: Supply investigator with information needed to conduct requested investigation, including files, records, statements and other documents. 2. D. WORK PROGRAM/PROJECT SCHEDULE: 10-2650/55071 Page 13 of 17 (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: General Investigation: $75.00/hr Copies of public records/documents Actual cost of document Download if data from Merlin Information Systems $15.00/download Mileage $00.48.5 Note: Time spent conducting investigations or performing research on Merlin Information Systems will be charged at the hourly rate, but may be itemized in fifteen (15) minute increments. B. Travel 1. Charges for time during travel are not reimbursable 2. Automobile expenses are limited to the IRS standard business mileage rate of $00.48.5 per mile. C. Billin 1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy - Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For 10-2650/55040 example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. The CITY expects that all attorneys will have a library, be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw. 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 8. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 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. 10. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 10-2650/55040 11. 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. 10-2650/55040 CSR MH ,�C®RD CERTIFICATE OF LIABILITY INSURANCE ANJOE-1 DATE (MMIDD/YYYY) 02/25/11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Huntington Pacific Ins. Agency 7901 Professional Circle HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Huntington Beach CA 92648 Phone: 714-841-6283 Fax:714-842-2538 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Steadfast Insurance Companies INSURER B: An'oe & Associates Robert Dominguez INSURERC: INSURER D: 5932 Kenbrook Drive Huntington Bch CA 92648 INSURER E: C0VFRAr,FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY) POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY EOL4645909-00 03/01/11 03/01/12 PREMISES (Eaoccurence) S 100,000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 , 000 , 000 X Prof Liability GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 X POLICY PROECT LOC J AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - a AP� AS J - sr.( FORM a ORM 'J H, OV \ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ OMPENSATION AND AIU TORY LIMITS ER S' LIABILITY IETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EMBER EXCLUDED? LANYPROPRIE be under OVISIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is additional insured with respectsas their interest may appear. CIHBOO 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Scott Field 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Huntington Beach, CA 92648 REPRESENTATIVES. AUT,Iyq{21 0. E$ NzA 1 L, AGUKU 20 (ZUUI/UIJ) © ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2001/081 a,F� i�1GTp CITY OF HUNTINGTON BEACH c:a x Professional q,�~e •. , • Approval Form PART I Date: 11/15/2010 Project Manager Name: Jennifer McGrath, City Attorney Requested by Name if different from Project Manager: Department: City Attorney PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, 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: Consultant needed to provide private investigative services to City 2) Estimated cost of the services being sought: $ 30,000.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: IOolSlol (,�3go Amount $ 30� DDO. 06 Amount $ Amount $ Amount $ Amount $ 6) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. J Departmer"ead Signature Directorlf Finance's Initials City Administrator's Initials . ---. r � =r . ■ ity ¢administrator's Signature /(. )9.1v Date 1 121 16 bate ate 11-Z3-16 Date `°��WTINGTp oCITY OF HUNTINGTON BEACH Professional Service Approval Form ycF�puNmc����`o . 1 . i Date- 11/15/2010 Project Manager: Jennifer McGrath, City Attorney Requested by Name if different from Project Manager: Department- City Attorney PARTS 1 & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Anjoe & Associates 2) Contract Number- ATY 010 061 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 30,000.00 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance designee) Signature i)z4l) () Date REQUEST FOR QUALIFICATIONS SENT TO: Robert Dominquez Anjoe & Associates P. O. Box 1683 Huntington Beach, CA 92647 Navarro Investigations 1441 Huntington Drive, #420 South Pasadena, CA 91030 Gailey Associates, Inc. 12062 Valley View Street, Suite 114 Garden Grove, CA 92845