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Home My WebLink AboutNorman A. Traub Associates - 2012-08-09AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE. CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB ASSOCIATES FOR BACKGROUND SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation. hereinafter referred to as "Cityand NORMAN A. TRAUB ASSOCIATES, a sole proprietorship, hereinafter referred to as "Consultant'. WHEREAS. City and Consultant are parties to that certain agreement, dated August 9, 2012, entitled "Professional Services Contract Between the City of Huntington Beach and Norman A. Traub Associates for Background Services." which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant, the additional compensation to be paid in consideration thereof by City to Consultant, and the term of the Original Agreement. NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONALr WORK Consultant shall provide to City such additional services as required by City, as set forth in the Original Agreement. 2. ADDITIONAL, COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered. an additional sum not to exceed Eighteen Thousand Dollars ($18,000.00). for a new total contract amount of Forty -Eight Thousand Dollars ($48,000.00). TERM The term of the Original Agreement shall be extended for one additional year so that the Original Agreement will expire on August 9, 2016. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 4 4-4524/ 115466 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on `°''',' 2015. NORMAN A. TRAUB ASSOCIATES INVESTIGATION SERVICES, B y: print name RTS: (circle one,) ChairmM(S3A7ice President AND print name ITS: icircle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIE ' A D APPROVED: C Manager CITY OF HUNTINGTON BEACH, a municipal corporatio of the State of California DirectorlChief (Pursuant to HBMC 3.03.100) PTO F4: Michael E. Gates, City Attorney 14-45?4/115466 OP ID: OR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliance Mgt & Insurance Sery 355 Via Vera Cruz #7 CA Agent/Broker Lic# 0737966 Marcos, CA 92078 Michelle A. Nowell CONTACT NAME: PHONE FAX Arc No Ezt : Arc No)*. E-MAIL ADDSan PRODUCER TRAUB-1 CUSTOMER IDS: INSURER(S) AFFORDING COVERAGE NAIL S INSURED Norman A Traub Associates INSURER A:Acceptance Casualty Ins Comp 10349 5409 Via Fonte Yorba Linda, CA 92886-5006 INSURER B : wsuRER c INSURER D : INSURER E : INSURER F : -—A — D=VICin1U 10 11UIRFR� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF INSURANCE B POLICY NUMBER POLICY EFF MMIDD POLICY EXPTYPE MMIDDIYYYY ,LIM1T5 GENERALLIABWTY EACH OCCURRENCE $ 1,000,00RENTED r X COMMERCIAL GENERAL LIABILITY X CP00960667 04/07/2015 04/07/2016 PREMISES AMAGF_ ToEa occurrence $ 100,00 MED EXP (Any one Derson) S 5,00 CLAIMS -MADE Fx] OCCUR PERSONAL & ADV INJURY $ _ 1,000,000 X Errors & Omiss X Owners & Contr GENERAL AGGREGATE $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,00 X POLICY PRO7 LOCJECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ $ NON -OWNED AUTOS UMBRELLA LIAB _J� OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE RETENTION $ $ ._. a �yPROV 'M.�+' H�+ I!\i Y G r� S TO M FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE Y❑N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) J A WC STA7k - EL EACH ACCIDENT $ EL DISEASE - FA EMPLOYEE $ ❑.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF DPERATIONS below ` 1 Mlthael Gates, uxy DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IF more space Is required) City of Huntington Beach, Human Resources Department is named as an additional insured with respect to the work performed by the named insured. Investigation, CA -- sires-{��.��r.}� CITYH-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W(TH THE POLICY PROVISIONS. City of Huntington Beach Police Dept Aft:Shirleen McNauee AUTHORIZED REPRESENTATIVE 2000 Main Street [Huntington Beach CA 92648 Uc 19S8-ZUUN AI:UKU C:UKVL)KA 1IUN. Ali rlgnrs Teservea. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD H8PDQNTFF'15 f+' ? {: 8 O 0 POLICY NUMBER: CP00960667 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Automatic Status included Where Required by Written Contract. All Where Required by Written Contract I Information required to complete this Schedule, if not shown above, wilt be shown in the Declarations. Section Ii — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations,, or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, inc.r 2004 Page t of 1 0 11 r PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB ASSOCIATES FOR BACKGROUND 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 Norman A. Traub Associates, a Sole Proprietorship hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide background 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 Normal A. Traub who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professionalsves to $49 12-07 1 of 11 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 on __ &Z-51- ®? , 20-/�& (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed thirty thousand Dollars ($30,000). 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 sves to $44 12-07 2 of 11 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "E." 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 sves to $49 12-07 3 of 11 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 agreelsurfnet/professional sues to $44 12-07 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/surfneUprofessional sves to $49 12-07 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 heremabove. agree/surfnet/professional Svcs to $49 12-07 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material - produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 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: Shirleen McNamee 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professional sues to $49 12-07 7 of 11 TO CONSULTANT: Norman A. Traub Associates 5409 Via Fonte Yorba Linda, CA 92886 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/professionalsves to $49 12-07 8 of I l 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 parry who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professional secs to $49 12-07 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. CONSULTANT's initials 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 agree/surfnet/professional Svcs to $44 12-07 10 of 11 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 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, Norman A. Traub Associates COMPANY NAME By:z, a —om - a, j, -, - print name ITS: (circle one) Chairm residen ice President LIN print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional secs to $49 12-07 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 'h e-�ts .4G77tJ6 CELL,=P Director/Chief (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Att ey Date ?`'t ' / Z' EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort to hire quality personnel for the police department to serve the public, it is essential to properly screen candidates during the hiring process. The City of Huntington Beach — Police Department promotes a careful and complete screening of all candidates. The City proposes to use trained professionals to conduct the field investigations of the background process. The focus of this service request is to provide necessary and essential services in order to facilitate the smooth operation of the Police Department and to provide impartial investigations of candidates for police department positions. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The consultant will respond to requests from the Police Department to investigate potential candidates. 2. The consultant will contact applicant's current and/or previous employer(s) to review/copy the personnel file and interview current and/or previous supervisor(s) and co- workers. 3. The consultant will conduct neighborhood check(s) at applicant's current and previous residence(s) to interview housemates and neighbors. 4. The consultant will contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 5. The consultant will prepare written reports for each contact made. C. CITY'S DUTIES AND RESPONSIBILITIES: EXHIBIT A The Personnel Officer/Background Investigator will provide oversight of the background investigation, including assigning fieldwork to individual contractor. 2. The Personnel Officer/Background Investigator will provide training as to proper format for interviews and reports. The Personnel Officer/Background Investigator will determine the appropriate due date for information and reports. 4. The Personnel Officer/Background Investigator will review all invoices received from the contractor, determine approval, and submit for payment. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. These ongoing services will not have any costs that will be assessed beyond the contract period. EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the fallowing hourly rate and cast schedule: DESCRIPTION OF SERVICES PROVIDED YEAR 1 YEAR 2 YEAR 3 Background Investigation Services Per hour $85.00 $85.00 $85.00 1. Telephone, cellular phone and postage charges are billable at actual cast. The fee for sending or receiving of facsimiles shall be no more than the actual cast of duplication, or ten cents ($0.10) per page, whichever is less. B. Travel Charges for time during travel are not reimbursable. C. Billing 1. 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 casts incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Shaw 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 1 Exhibit B 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. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall 1] st 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB FOR Background Services Table of Contents IScope of Services.....................................................................................................1 2 City Staff Assistance .................................. .......................................... ....................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work. .............................................................................................................. 2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent.................................................................................................................... 8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration............................................................................................................... 9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival ............................................................................. ........................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date................................................................................. I I IDDE R DATE (MMIDYYCERTIFICATEF LIABILITY INSURANCE �23/21/1_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 76i-471-7�116 NONM �Ac:T --- -- Alliance Mgt, & Insuraucca Sere ...- 355 Via Vera Cruz #7 760-471-�9375 a"o ra , Ext):__--- _---- -- FAX No): — CA Age-tlBro,er Licit073¢566 � --A9AIL San Marcos, CA 92078 DDREsr,: -- WillialTl R. West I A PRODUF:ER TRAUB-1 CUSTOFIER ID R: ---- R(S) AFFONDWN t, ()VERAGE INSURED Norman A Taub Associates - - - INSURER A First Mercury Ins. Company I? 0657 -- 5409 Via Font2 — - ----- Yorha Linda, CA 92386-5006 INSURrN a NSURER C : NSll REft D : 1 'NSURER E : INSURER F . GC]VFp (;F, r"%RTIC:l(-ATr- Nil I1IARCD. THIS IS TO CERTIFY' THAT THE .'POLICIES OF INSUP.SNCE USTED BELOO/ HAVE BEEN ISSUED TO THE. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NCIA1IITHSTAINDING ANY REQUIREMEN`1. TI ERIVI OR CONDITION Oil ANY CONTRACT OR OTHER DOCUMENT "KITH RESPECT TO :vHICH 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 SUCI, POLICIF'S LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iNSR TYPE Or INSURANCE ADUL $UBR POLICY EFF - POLICY-EXP LTR R - POLICY NUMBER IMMlDD,'YYYYI - rrJI PAIDD.'YYY'(! LIMITS - GENERAL LIABILITY CACH OC:(:',URRENCI: - 'I,000.000 A X Mrae=: JAL GENERi,L I_IABILr1', X SE-CGL-0000007320-01 04/07112 04/07/13 L'AMA.ulz rc Re JTeD 100,000 _- PREPnJSc"S (Ea oc^.w rorrci C IPhS iu DF X '-,(;CrlR _ I I c` 1 X . Errors & Omiss - r ,z _- r, v/�}. ^- - ,7 _ �'Er'SEI .,�' al In ll -----1,000 OG411 X - Wners & LOP1tr/ C J.DOQ (�O�i =E F r nrr IES F Y, Incl n Agg p ' Si _ I j {� AUTOMOBILE LIABILITY ° G- -� - - -_, � -''� j ?! � - - I '�_� r-JPnSIIIL- SIN:;[ F I.IUIT i ULIDII Y 1 rv.:I I H F P1 I FD A I PROPERTY OHr.IN:C[ IRED :,UTOS er acrn,nvt _ N(JN-OV'INED,aU'rOS UMBRELLA LIAR i E+GH UC C'URLC'EC.L EXCESS LIA6 CLAIMS M/^_C'._E ! GRF A — TE ; RETENT'QN .. WORKERS COMPENSATIC 6J ,,.i,,.:_ r,s'Tr I Z � � - �.. AND` EMPLOYERS' ^ PLOYERS' LIABILITY 1 �. -- 1-IP�I - --- YIN 41JY�'RCPRIrT�rr/P�^RiF.0 WILE''"`•'UTt%r. -J RTF1 -"- -- --- FAC IF. J --" -- -- 1PRIF N A'1' 'I a (Mandatory ill NEE .�=-;FI � 4PLU'C ._ CGS R'P-u .I: _- f OP-RArlt-rls b(,Io, _ L nl'=�•cF 't%I h'II` [[[ I � I ! I DFSf'RIPTION OF OPERATIONS 11-66AT'iONC; VEHICIES (ACprh ACGRD 101. Additional Rmnnrks Sr-Imduln, if morn, spare 1a requirin i) City of Huntington Beach, Human ;'resources Department is named as an I adaitional insured with respect to the work performed by the named insured. Investigations, CA -- V`-" 1I11WmI C CITYH-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 City of Huntington Beach ACCORDANCE. WITH THE POLICY PROVISIONS. I Human Resource Department AUTHORIZED REPRESENTATIVE Michele Carr 2000 Main Street Huntington Beach CA 92548 O 1988-2009 ACGRD CORPORATION. All rights reserver!. ACORD 25 (2009/09) The ACGRD name and logo are registered marks of ACGRD EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort to hire quality personnel for the police department to serve the public, it is essential to properly screen candidates during the hiring process. The City of Huntington Beach — Police Department promotes a careful and complete screening of all candidates. The City proposes to use trained professionals to conduct the field investigations of the background process. The focus of this service request is to provide necessary and essential services in order to facilitate the smooth operation of the Police Department and to provide impartial investigations of candidates for police department positions. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. The consultant will respond to requests from the Police Department to investigate potential candidates. 2. The consultant will contact applicant's current and/or previous employer(s) to review/copy the personnel file and interview current and/or previous supervisor(s) and co-workers. 3. The consultant will conduct neighborhood check(s) at applicant's current and previous residence(s) to interview housemates and neighbors. 4. The consultant will contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 5. The consultant will prepare written reports for each contact made. C. CITY'S DUTIES AND RESPONSIBILITIES: 1, The Personnel Officer/Background Investigator will provide oversight of the background investigation, including assigning fieldwork to individual contractor. 2. The Personnel Officer/Background Investigator will provide training as to proper format for interviews and reports. 3. The Personnel Officer/Background Investigator will determine the appropriate due date for information and reports. 4. The Personnel Officer/Background Investigator will review all invoices received from the contractor, determine approval, and submit for payment. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. These ongoing services will not have any costs that will be assessed beyond the contract period. Surfnet Exhibit A ��i!��1 GdGTp CITY OF • At 1 Professional Service ApprovalFor Date: 8/28/2012 Project Manager: Shirleen McNamee Requested by Name if different from Project Manager: Department: Police PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Norman A. Traub Associates 2) Contract Number: POL 0 - ° � 1 - " (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 30,000 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number,) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. �v Ctekc2- Budget Ap rovai S' atu Date ?� ,-L Director of Finance (or designee) Signature ate EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate 1. CONSULTANT'S fees for such services shall be based upon the administration of work outlined in the statement of work with the following hourly rate and cost schedule: DESCRIPTION_ OF SERVICES •._ . _ PROVIDED - YEAR 1 YEAR 2 YEAR 3 Background Investigation Services Per hour $85.00 $85.00 $85.00 1, Telephone, cellular phone and .postage charges are billable at actual cost. The fee for sending or receiving of facsimiles shall be no more than the actual cost of duplication, or ten cents ($0.10) per page, whichever is less. B. Travel. 1. 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 writing in advance by CITY. 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 1. CONSULTANT shall submit an invoice, as services are provided, , in one -tenth -hour (0.10) increments. 2. 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) Indicate the specific services and the hours expended, if relevant; E) Indicate the date of services. Surfnet Exhibit B hourly 3. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is fulfilling the scope of work as described in Exhibit "A," 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. 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. 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. Surfnet Exhibit B hourly 2 i ,orCITY OF HUNTINGTON . EACK Professional Service Approval F• PART I Date: 4/3/2012 Project Manager Name: Shirleen McNamee Requested by Name if different from Project Manager: Department: Police 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 1 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To provide field work for background investigations for the Huntington Beach Police Department including conducting employer, previous agency and neighborhood checks for applicants for positions in the Police Department. 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: Scheduled for FY 2012/2013 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 answer to this question is "No," the contract will require approval from the City Council.) l04es 0 No Fiscal ana§6r Signature S 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): 10070109.69300 $ 30,000 $ Budget Approval D �rtment HeeoSignature(s) r of Finance's Signature Deputy City Manager's Signature APPROVED ❑ DENIED ❑ City Manager's Signature Date Date Date Date Date McNamee, Shirleen From: McNamee, Shirleen Sent: Tuesday, May 08, 2012 10:21 AM To: James, Mindy Subject: RE: background investigation services budget is in Great, I will take the paperwork to Finance ---- -- -- From: James, Mindy Sent: Tuesday, May 08, 2012 9:44 AM To: McNamee, Shirleen Cc: Reinhart, Russell Subject: background investigation services budget is in Shirleen, Attached report shows your account status as of this morning. Thank you Mindy James, CPA Sr. Administrative Analyst City of Huntington Beach Police Department Direct: 714-536-5425 Fax: 714-374-1584 "Finish each day and be done with it. You have done what you could. Some blunders and absurdities have crept in; forget them as soon as you can. Tomorrow is anew day; you -shall begin it serenely and with too high a spirit to be encumbered with your old nonsense." Ralph Waldo Emerson _ ...... ........... From: Budgetcopier@hbpd.org [mailto:Budgetcopier@hbpd.org] Sent: Tuesday, May 08, 2012 6:41 AM To: James, Mindy Subject: Attached Image 1 City of Huntington Beach FY 2011112 Budget 2012 Check General Fund Budget Summary Report General Fund Object Adopted Revised Actual Adopted Revised Actual PO Budget Account FY 2010111 FY 2010111 FY 2 Actual FY 2011/12 FY 2011/12 Actual 2 FY 11/12 Budget 3 51100 - Salaries - Permanent 260,458 260,458 261,853 262,889 262,889 228,751 0 52000 - Salaries - Temporary 8,000 8,000 7,662 8,000 8,000 5,365 7,996 53000 - Salaries - Overtime 2,000 2,000 482 2,000 2,000 1,951 2,000 54000 - Termination Pay Outs 3,182 7,521 55000 - Benefits 112,146 112,146 119,566 133,405 133,405 120,024 0 51000 - PERSONAL SERVICES 382,604 382,604 392,745 406,294 406,294 363,611 9,996 63000 - Equipment and Supplies 4,000 4,000 5,178 4,000 4,011 2,848 636 4,000 64520 - Repairs and Maintenance 0 68500 - Conferences and Training 750 750 99 750 750 0 750 69300 - Professional Services 12,000 23,794 20,465 30,000 49,459 12,402 8,474 60,000 60000 - OPERATING EXPENSES 16,750 28,644 25,742 34,750 54,219 15,250 9,109 64,750 50000 - EXPENDITURES 399,354 411,148 418,486 "1'0" 460,513 378,861 9,109 74,746 6/5/2012 10:52:56 AM , Page 1 of 1