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HomeMy WebLinkAboutGAILEY INVESTIGATIVE INC - 2003-05-01� u Su ity Contracts Checkftt for SubmKta� to r Uty Uark's Office Hum Brach• (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: 6 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park t/e-s )4 S a34 vr✓ e2 L1 lCe s 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. / ,c 4. Amount of Contract: A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES O(NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? RYES ❑ N/A OR Is the attached contract a SOLE SOURCE? ❑ YES 9(N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES PLEASE INCLUDE: riTV ri FRKlc nF:F:irF i ism nmi V. . Dan 6I' �g 7 a ��► e�-�e X a Name/Extension Departmqht 3 Date O 'Cat o Data. Er or *600.30 Pendln qv di{ kY s .2'i•�ua^EtSh� :. l%c au�f-Q psi t 4F s fi t^ ' �. Wo RECORDS DIV: CheckCity Clerk slDatabasejor.Existin File. ❑ DONE g1forms/city clerk contract checklist.doc l f t 0 m PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GAILEY ASSOCIATES INC. FOR PRIVATE INVESTIGATIVE SERVICES THIS AGREEMENT ("Agreement') is made and entered into this 1 day of M A-\1 2003, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and GAILEY ASSOCIATES INC., a California corporation 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 WILLIAM H. GAILEY who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/farms/pro fsery 10/ 15i0 I -A 1 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on April 4, 2006, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed in a timely and professional manner. 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 into this Agreement by this reference. 5. RESERVED 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 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, agreelformslprofsm10115101-A 2 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 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. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. WORKERS' COMPENSATION. Pursuant to Califomia Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; agree/forms/profsery 10! 15r01-A 3 CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 10. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope agree/forms-profser4.10 155/01-A 4 of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT'S insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 11. 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" or any other similar form of limitation on the required agree/firms; profsery 10115/01-A 5 0 coverage except with the express written consent of CITY. 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. 12. 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: policy; A. provide the name and policy number of each carrier and B. shall 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 agree/forms !pro fsery 10/1 Sr'01-A 6 (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. 13. 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. 14. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at agmelformslpmfsery 10/ 15101-A 7 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. 15. 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. 16. 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. 17. 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 Califomia Government Code. agrezlormsiprofservI0M 5M I -A 8 18. 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: SCOTT FIELD 2000 Main Street Huntington Beach, CA 92648 19. CONSENT TO CONSULTANT: GAILEY ASSOCIATES INC. 2525 CherVAvesuite 370 P.a .134 X ! �� Long BqAtch Cpr 90806 Wrij Bch 64 g0p06 562/997-0016 Fax 562/997-0646 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. 20. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. agreell orms/profsery 10/ 15M I -A 9 • 21. 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. 22. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and 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. agree 'forms:'profsery 10' 1.01-A 10 23. 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. 24. 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. 25. 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. 26. 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 agreedorms/profsm 10115/01-A I 1 prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 27. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 28. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 29. 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agreelformslpro Fsav 10! 15!01-A ] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, GAILEY ASSOCIATES INC. a California corporation 1;1—li+j a, print name ITS: Ale one) Chairma 1 � residen ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Attorney (Pursuant To HBMC §3.03.100) AND APPROVED AS TO FORM: u - - — , P'� By: !" City Attorney J re S pn t name ITS: (circle one ecreta hief Financial REVIEWED AND APPROVED- Officer/Asst. Secretary — Treasurer City Administrator (only for contracts $50, 000. 00 and over) aeree/1'orms/profsery 10/ 15101-A 13 EXHIBIT #A 0 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant to provide private investigative services, including background investigation and undercover surveillance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. 2. D. WORK PROGRAM/PROJECT SCHEDULE: imp/contracts group.!exAA 9 03 0 EXHIBIT #B • 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 S65.00 an hr. Video Surveillance $55.00 an hr. Secretarial S22.50 an hr. Mileage 0.45 an hr. Video Cassette $20.00 per tape B. Travel I. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. 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 agreelforms1ex13-hourly feel419103 EXHIBIT B 1 Hourly Payment • EXHIBIT "B" Payment Schedule (Hourly Payment) 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. 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. 7. 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. 8. 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. 9. 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 aeree/forms/exB-hourly iec/4/9l03 EXHIBIT B 2 Hourly Payment • EXHIBIT "'B" Payment Schedule (Hourly Payment) 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. 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. agree/formslexB-hourly fee/4/9103 EXHIBIT B 3 Hourly Payment .sify. INSURANCE AND INDEMNIFICATION WAIVER f F •: MODIFICATION REQUEST 1. Requested by: Scott Field, Assistant City Attorneu 2. Date: June 4, 2003 3. Name of contra ctor/permittee: Gailey Associates Inc. 4.. Description of work to be performed: Private Investigative Services 5. Value and length of contract: Under $50,000 - 4/04/06 6. Waiver/modification request lc� s c ref u u q i 2, -1� 2 C a,,e e C 02 7�i� C�cf�IDllvtab. Ctnc� r essr na / , a /a �i15urQrr�G Ce�9�, f•ca 1�5, D�Q1' 7r1S 7j SOO G�� c/G t % tznd re re9/ / r'� PrQurs iOnS pf �`,/ firje �/G PSSrpna/ lea , YzJ �ilSGlr4�tGC `°P2}4, 7 iC,c*� . !iC/GLrnS me D/ 7. Reason for request and why it should be granted: Insurance company is unable to comply with the City's requirements. 8. Identify the risks to the City in approving this waiver/modification: Minimal risk. Date: Approvals must be obtaaned in the order listed_ onah�s'form Two approvais are, required for a request to be granted:' 'Approval from the City Administrator's Office is only required if = Risk Management and the City Attorney's Office disagree: 4. Risk Management .Approved El Denied Signature Date 2. City Attorney's Office ❑ Approved ❑ Denied Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date lf.approVed the completed waiver/modification request is tobeaubm,tted°to the: City Attorneys Office along wit _the contract for approval:.Oncrr'the:co tract"has been approved `- this.for is to -be -fled withthe"Risk Management Division of Administrative Services... Document3 6/4/2003 3:20 PM 1 L J 19a59869199 p.4 EASTMN SPECIAI. RISK INSURANCE AGENCY 68 BROWN ROAD, P.O. BOX 218 HARVAM MASSACHLPSET1'S 01451 P410NE (978) 436-92011 WATS (800) 341-111 D FACSIMILE (979) 456.324S E-MAIL - SPECRISX@AOL.COM CA LICENSE #0619313 May 8.2003 Certilleste Raider: City of Huntington Beaah,.CA Ann CMJ Mention Fax 714-536-5212 Certificate of Insurance la New VO4: WARNVICK UNDERWRITERS AGENCY 367 WINUSOR ]CONW.kY, 01 C i NEW WrNDSOR, NEW YORK 12153 PHONE (843) 986.4220 FACSiMLI-? (80) 986-9199 This eerdflcate is issued as a matter orinformarion only and confers no rigbts upon the Certificate Holder, This Certificate does not amend, extand or alter the covinge aflbraed bry the policy lured below. Limits shown may have boor reduced by paid claims. Named Galley Assoc laws, Inc. Insured: 7325 Cherry Avenue, Ste. 370 Long Beech, CA 90806 -Tillie to to certify that the policy of insurmue lie:ed below has been issued to the Insured named above end is in force at this time. fe■uraaco,Comporry: L.e►ihWm InsuranceCtm,pany Type of Insurance: Professional and Genei&I Liability "Claims Made Basis" Inwarce Policy It umbor: 9713600 Cartilleate Number: 0003 Affeditre Dote: 06/12/02 Expiration Dots: Mw12103 Retroactive Date: 06i 17J9 l Limit per Clalm. 1,000,000 Deductible: S 7500 Limit Aggregate: 3,000,000 Servitea Iowred: Invsatigatioos CANCELLATION: Should the above descibed policy be caccelled before the expiration date tbcrwf, the Issuing Cotttpeuy will ENDEAVOR to mail 10 days %Tifton notice to the above named Cartiftwe Holder, but failure to mail such notice shall impose NO obligation or liability of arty kind upon the -Company. NOTE. ff he Named Insured is ft same as the above Cwtfflcate Holder, wrimm Nodoe of Caneellat on will be provided to rho Nurned Instmd in eaeorcaece with the provisions or the policy and any applicable state lair. This poHry will not autotnniWy renew. IMe Named IzLwred must subwi current underwriting info matlac wbtch must be approved by the Company In writing. Certxllcnteholder Is as Additional blsund as respwts the operations of the Named Imurbd, Coverage is 15miwd to the hazard ofOcneral Liability. 'IAe cancellation provision Indicated above it mviseld to provide 30 days notice with respect to this Additional Insured. C rtifleateholdw and Additional insured we: Ct<y of Huntington Beech, ITS AGENTS,OFFICERS AND EMTLOYEES. COPY George H. Vaccoro FO .. I NiFER U1cGRX µad WV MAY-27-2003 17:37 ' P.03 01/23/1995 23:36 5629850429 KELLY WILLIAMS INS PAGE 02 ACORD CERTIFI PALTDUcto (S52)498-6661 KELLY WILLIAMS INSURANCE 4400 E. PACIFIC COAST HWY. LONC BEACH. CA 90804 �NsugEo Gdi�tyA5sociate5, InC 2S2S Cherry Ave. 9370 Long Beath, CA 90806 COVERAGES ITE OF LIABILITY INSUFONCE DATEIMMID➢fYYYYI 06/04/2003 (562)985-0429 THM-CEATIFiCATC 13 ISSUED AS A MATTER OF N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T14E POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A- SAFECO 24740 -HE POLICIES OF .NSURANCF I-ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT_ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PCRTAIN THE INS'jRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH PCI•IC,ES AI;GRFc;Arr LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L T%7 HSR TYPE OF IN7lUpARC:E POLICY NUMBER QATC 714dD 1W DATE MMIQ Q.Nr LIMITS C,EMFRAL LIABILI'Y GACH OCCURRENCE s I I I ttl )IiMl In'I&1 4:F Nk'-1 n1, UA9IUTY jI_ _ Ai&lh MAUL CIt:G.,R C �q MI t 4Mice S Me EAP !Ary ant PorsM+7 s 1 PERSONAL Z ADV INJURY s r� I GENE RAL AGGREGATE 3 I,E" L A(.GT-FGAfr. LIMIT APWLIgS PER' PRODUCTS •COMPIOP Ate,I . ��' IrOL.ICY 1 P[i '' f _-1I LOG 1 I AU-OMGBILE LIABILITY I_.-. ANIf A,.: f7 02-CC-766243-6 04/10/2003 1 04/10/2004 I COMBINED SINGLE LIMIT lEa eauaan[7 = 1,000,000 DC1D4Y INJl1Rv 'IPrfuerson7 a A I I_ i X y[I�F,nL.;,I;OAIVO!, x I r;tfi7A.11n:: —i Y.I �1( fINPVNI a Al.AI.I r;H - ROVED AS . I BCDILr INJURY IPef scrde�rl I JROuERTY DAAiAVE - --- �---'� I leer acudeAlY I GARAGE LIAgILIri L. ANv A,I-f7 }�Jy` A y ` r•riV AUTO ONLY • EA ACCIDENTS ,� TVER-WAN EAACC A.:TO ONLY: AGG L s EXCESSrUMBRELLALIASIUTY EACF+OCCURRENCF s U('L'.,r? I I:LAIMS NAGS l AGGREGATE �1 f - • I I7E17L.r rrt:LE 3 I4?ENTInN I• S WORKERS COMPENSATION AND 1 EIKPLOYERS LIAgILITv I .1r�.Y IIIaf N IR�L Tt I4!�•�I: rnrfiq_f Ci:k! rive f;P,= I:{RIMF.MHI_.I rxI-_l1:Ii:r' f TOpv LA) ERA CL EACH AE;CIDQN1 I E.L. DISEASE - EA EMPLOYE°i S II yM� Ileacnbq LIM V, SPECIAL PROVfSIONF I,.Iu. f G L, DISEASE - POLICY LIMIT I s 1OTHER 02-CC-814270-6 'BUSINESS PERSONAL 01/22/2003 01/22/2004 40,000 100% CO -INS SP A 1?ROPERTY ll 06SCRJPT10h OF OPERATIONS I LocAnoN3 f VEHICLES I EIIGLu ADpf:O tlY D fl TI P DIAL pROVISiON ERTIFICATE HOLDER IS HEREBY NAMED AS ADDITIONAL INSURED CITY OF HUNTINCTON BEACH, ITS AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEG BEFORE THE EXPIRATION DATE THEREOF. THE ISBUINC INSURER WILL ENMVOR TO MAIL ' 13 Q DAVS wRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF HUNTINCTON BEACH BUT FAILURE TO MAIL SUCH NOTICE $HALL rMPOSE NO OBLIGATION OR WaILITY 2000 MAIN STREET OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESERTA I ES. AUTHORIZEDREPAESENTATIV 7 C. CZA0e4dre— HUNTINCTON BEACH, CA 92649 ACORD 25 (2001108) fi ` CACORD CORPORATION 1988 JUN-04-2003 11:36 5629850429 9Ex P.02 kTa d Co's-&-420007, SANIFRANCISCO, C'A­'R4142--bq07`!-% co _NSj . A001 qN. z IN 6UWP4Q11e S Z CERTIFICAT E WqRKERS.".CbM PENSATIONINSURANCE MAY 15,. .2003 POLICY NUMBER. 1300646 67) CERTIFICATE EXPIRES: 4-1-04 F C Y IV �'fUNTZWTGIWNEACN 47 This is t . a certify that we have issued a valid Workers' Compensation insurance policy in a form approved by The California Insueance Comrnissionqr to the employer named below for the-Oolic' y period indicated. This. policy is not subject to cancellation by the.Fund except upon ten days' advance written.'notice to the employer. We will a!sobiim you TEKIdays 'advance notice . . should this pollcy. be cancelled prior to Its normal expiration. This cer . TiCute o4sU inrdinck is not gh i6sui-arte policy -and. does not ameria. r,Xtenq/orJ6lte.or -0'j�0 i with r the cove4o:af�riled by the policies.,fistk h6fein.'N hdin'9'..ar' ry equiremerit, term, or conditiiin of any: contrAo­ document 'h may -pertain; - theinsurance ift dad bth -' respect t6lwhi-�,this ce of I or maW 9 describ6d igreinA subject to all the i terms ...elfuSipn icies. �and 65rckions of such A , UTMOPuZ.61E!PiqS,54�3�TibEi PRESIDENT NO -DEFEkhF --#VS $1 VO.' 000 PER OCC U'- JiM is W 0YER7 MbILITY A AP ROVE FO" 6 �1011 r!'!7E.R McGRATHP C tY Or y EMPLOYER t (A860CZATES �lif .kly Bax 9178 LONG -BEACH CA 9000� L MAY-27-2003 17'-36 0 499?111� ZT-9 I P. 02 SI 'k PROFESSIONAL SERVICE CONTRACTS ' PURCHASING CERTIFICATION NMtl � �; 9ta[ha • `jam 1. Requested by: Scott Field, Assistant City Attorney 7�43 2. Date: J )ri % 3. Name of consultant: GAILEY ASSOCIATES INC. 4. Description of work to be performed: Consultant to perform private investigative services. 5. Amount of the contract: $50,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10015301.69375 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No Explanation: 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. AUKIL, Manager ntral Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Docum=13 4/10.-2003 8:45 Ah1 i • OFFICE OF CITY ATTORNEY P.G. Box 190 Paul n'Alessandro, Assistant City Attorney �dbsrI*� 2000 Main Street Scott Field, Assistant City Attorney Let Burke, Deputy City Attorney Huntington Beach, California 92648 John Fujii, Deputy City Attorney Jennifer McGrath Telephone: (714) 536-5555 Leonie Mulvihill, Deputy City Attorney City Attorney Facsimile: (714) 374-1590 Sarah Sutton, Deputy City Attorney April [2003 Proposals for Private Investigative.. Services Gailey Associates Inc. Navarro Investigations 2525 Cherry Avenue Suite 370 1441 Huntington Drive #420 Long Beach CA 90806 South Pasadena Ca 910303 562/997-0016 323/550-1952 Office of Investigations 18685A Main Street #456 Huntington Beach CA 92648 714/965-2110 I