HomeMy WebLinkAboutP.L. PERRIN - PL Perrin - 2004-12-14 - A116 I
CONTRACTS SUBMITTAL TO
' CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: PL Perrn & AssociatesZ
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Polygraph Administration and Evaluation
Amount of Contract: Not to exceed $20,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
El
Dept. ❑ to Risk Management
City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑
Date: lU/�pL
Name/E ension
City Attorney's Office
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AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
PL PERRIN & ASSOCIATES FOR
POLYGRAPH ADMINISTRATION AND EVALUATION
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY",
and PL PERRIN & ASSOCIATES, a sole proprietorship, hereinafter referred to as
"CONSULTANT".
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
December 14, 2004, entitled "Professional Services Contract Between the City of Huntington
Beach and PL Perrin for Polygraph Administration and Evaluation" which agreement shall
hereinafter be referred to as the "Original Agreement," and
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:
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, an additional fee not to
exceed $5,000, including all costs and expenses. This additional sum shall be added to the
original sum of$12,000, amended to $15,000, for a new total contract amount of$20,000.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
06-537/4392 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officer on �'�l� , 2001
PL PERRIN & ASSOCIATES. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
/� California
By: WZ4cl, )if
Pete Perrin, sole proprietor
Police Chief
APPROVED AS TO FORM:
rney !a z r 6G
C�� V City Atto
06-537/4392 2
su' ity INSURANCE AND INDEMNIFICATION WAIVER
Hunnn�t;Bexh, _ MODIFICATION REQUEST_... .
1. Requested by: Mindy James
2. Date: October 2, 2006
3. Name of contractor/permittee: PL Perrin & Associates
4. Description of work to be performed: Provide polygraph testing and evaluation
5. Value and length of contract: $20,000 and Three years
6. Waiver/modification request: $1,000 deductible each claim
7. Reason for request and why it should be granted: Underwriter refuses to provide zero
deductible and this service is necessary for the operation of the PD.
8. Identify the risks to the City in approving this waiver/modification: none known.
1 o-Z-o
Department Head Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Managementgad thg City Attorrtiey's Office disagree.
1. Risk Management
Approved El Denied -- /�/16,11�;/7�J? /� /� ��
Si nature Date
2. City Attorney's Office
pproved ❑ Denied !D
9�"&gn_at6r"e Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature i Date
If approved, the completed waiver/modification request is to be submitted to.the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the-Risk Management.Division of Administrative-Services --
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10/11/06 11 : 13AM From: mplete Equity Markets, Inc. Fax: (847) 777-7475
ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MAWDlY-
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
COMPLETE EQUITY MARKETS INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1098- S Milwaukee Ave 4200 ALTER THE COVERAGE AFFORDED BY!THE POLICIES BELOW.
Wheeling, IL 60090
847 541-0900 INSURERS AFFORDING COVERAGE NAICX
INSURED Pete L. Perrin wsURERA: Underwriters at Llayd's, Loildon
INSURER B:
24551 Raymond Way Suite 290 INSURER C:
Lake Forest, CA 92630 INSURERD
INSURER E
COVERAGES
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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. I
B R6110 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS
IT. GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES Ee ocarena 3
CLABNSMADE 7OCCUR MEDEXP(Any one'penon) 3
PERSONAL aADVIINJURY 3
GENERAL AGGREGATE 3
GENT AGGREGATE LIMFT APPLIES PER: PRODUCTS-COMPIOP AGG 3
POLICY JE T lOC
AUTOMOBILE LIABILITY COMBINED SINCLIE LIMIT 3
ANYAUTO (Ea eoadenl)
ALLOWNEDAUTOS BODILYINJURY
SCHEDULED AUTOS (P-Pe—n)
HIRED AUTOS BODILY INJURY. :
NON-0WNEDAUT05 (Pereoadenc)
APPROVED AS TO FORM
JENNIFER McGRXI H,City Attomev PROPERTY DAMAGE _
(Pereoddeln)
GARAGE LIABILITY / AUTO ONLY-EA ACCIDENT S
ANYAUTO BY Paul 5Aessandw OTHERTHAN EAACC S
Assistant Qi Attorn III • AUTOONLY: AGG S
EXCESSAIMBRELLA LWBIL17Y EACH OCCURRENCE S
OCCUR CLA3WSMADE AGGREGATE S
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DEDUCTIBLE 3
RETENTION S 3
WORKER6COMPENSATI0NAND TWCSTA
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EMPLOYERS'LIABILITY -
ANY PROPRIETOROPARiTERff.ECLITIVE E.L.EACH ACCIDENT 3
OFFICERNIEMBER EXCLUDE07 E.L.DISEASE-EA EMPLOYEE 3
Myee,deambeunder
SPECIAL PROVISIONS Wow E.L.DISEASE•POLICY LIMIT 3
OTHER
1,00 ,000 Each Claim
S Professional 204263 12/03/05 12/03/06 $1,000,000 Aggregate
Liability $1,000 Ded Each Claim
DESCRIPTI ON OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Disciplinary Proceedings Coverage - $5,000 Each Claim/$1,000 Ded Each Claim
Subject to all policy terms, conditions, exclusions and endorsements.
NPCILTCY
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL M4EK=K=MA1L30 DAYS WRITTEN
Attu: Mindy James (YM�T(�'NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTXiA��f *~
Fax: 714-374-1584
AUTHORIZED REPRESENTATIVE
M: �►+s 7p
ACORD25(2001108) 0ACORD CORPORATION 1988
L--t. . a • J n} CITY OF HUNTINGTON BEAH
Professional Service Contracts
Purchasing Certification
j641'If49•. \
Amendment # 2
Date: 9/8/2006
1 . Department: Police
2. Requested By: Mindy James
3. Name of Consultant: P.L. Perrin & Associates
4. Amount of Original/Prior Contract: $15,000
5. Additional Compensation Requested: $20,000
6. Reason for Contract Amendment:
Increase because of more recruitment activities.
7. Are sufficient funds available to fund this contract? Yes ® No ❑
8. Company number and object code where funds are budgeted:
10070109.69365
91AGo P 5iiCHAKD
Department Head Signature AMADRIL, Manager
Central Services Division
Su ity Contracts Submittal to
City Clerk's Office
1 GI.I Y Ci t. fZR
Hunt HUNTINGTONd EACH, CA
To: City Clerk Z005 AUG I q P 12.E 0
1. Name of Contractor: PL Perrin - Amendment No. 1
2. Purpose of Contract: For Example:.duda Services or Water Qua/in.Testing Huntington Lake-Hnntington Central Park
Polygraph Administration
3. Amount of Contract: $15,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
Citv Treasurer ORIGINAL bonds sent to Treasurer
yCITY CLE ONLY:
Name en on Cate so Data Enf R!
City Attorney's Office Alpha N ►a �
"6no An
Date: 8/18/Oa
a
�,..
RECORDS*DIV:Check City Clerk's Datahase fnr Exis6n¢File. DONE: .
g:/Attymisc/forms/city clerk contract transmittal.doc
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PL PERRIN & ASSOCIATES FOR
POLYGRAPH ADMINISTRATION AND EVALUATION
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY",
and PL PERRIN & ASSOCIATES, a sole proprietorship, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement entitled
"Professional Services Contract Between the City of Huntington Beach.and PL.-Perrin &
Associates for Polygraph Administration And Evaluation"which agreement shall hereinafter be
referred to as the "Original Agreement;" and
Since the execution of the Original Agreement, CITY and CONSULTANT wish to
amend Paragraph 4 thereof,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. Paragraph 4 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 Agreement, a fee, including all
costs and expenses, not to exceed Fifteen Thousand Five Hundred Dollars ($15,000.00).
2. REAFFIRMATION
FxceRt 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 officer on 8//0 , 200-v' .
05agree/amend perrin 1
PL PERRIN & ASSOCIATES. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California By. 4
Pete Perrin, sole proprietor _Q
Police Chief
4PP ROVED AS TO FORM:
City Attorney. .-- - -..,,
��0�—
REVIEWED AND\APPROVED:
City Administrator
l
05agree/amend perrin 2
12/03/2004 09 .34 FAX 847 541 0444 C. E. M. INC IZO02/002
AMM CERTIFICATE OF LIABILITY INSURANCE 12( 3 Z 04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Complete Equity Markets, InC ebb C4+P+ec.Epulty M.". HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1098 South Milwaukee Avenue h2win0'Ag°^ry,Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wheeling IL 60090
INSURERS AFFORDING COVERAGE NAICQ
INSURED Paul Lee Perrin-,- INSURER A. VndGrwritars at Lloyd's, London
INSURER 01
P 0 Box 1201 INSURER V
Lake Forest, CA 92609-1201 INSUREROc
INSURER E;
COVERAGES
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.ASGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POII Y tvE ICY EXPIRATION
` Wo" POLICY NUMBER DAT IC MM/0 LIMBS
GENERAL LMBILITY EACH OCCURRENCE i 1
COMWRC4AL06146MLWBIITY PREMISES E.00n .. i
CLAfMSMADE 7OCCUR NED EXP[Any on.Deno) i
PERSONAL LAOV INJURY i
OENERAL AGGREGATE i
qPOLICY
L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG i
P LOC
AUTOM OWLE LIABILITY
COMBINED SINGLE LIWT S
ANYAUTO (EA&WISSM0
ALL OWNED AUTOS BODILY IN JU RY
SCHEDULED AUTOB (Per person) i
HIRED AUTO$
BOOIIYINJURY �
NON-OWNEDAUTOS (P.r mdderi)
i PROPERTY DAMAGE i
w4r"ddeflll
GARAGE LIABILITY O _ AUTO ONLY-EAACCIOENT i
AHYAUTD Ate+ il. ^il.u�I EA ACC i
OTHER THAN
AUTO ONLY: AGG i
EXCESS/UMBRELLA LL48IUTY EACH OCCURRENCE i
OCCUR CD CLAaASMADE AGGREGATE f
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DEDUCTELE _
RETENTION I
WORKERS COMPENSATIONANO T RYlIMR6
EMPLOYERT LIABILITY
MN FI10PF4rr01LtMTNERRJIECVrrVE E.L.EACH ACCIDENT i
OFNICEkMEY.ER EiCLUDEr.17
HYu dAsaibe under E.L.DISEASE•EA EMPLOY[ 7
SPECIAI PROVISIONS b law E.L.DISEASE•POLICY LWT S
OTHER $1, 000,000 each Claim
A Professional 203827 12/03/04 12/03/05 $1,000,000 aggregate
LiabilitX 1 $1 ,000 ded each claim i
'ES,;RPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLU61ONSADDED BY ENOORSEMIENT/SPECIAL PROVISIONS
Disciplinary Proceedings Coverage - $5,000 each claim/$1,000 ded each claim.
Coverage is per the terms, conditions and exclusions of the policy wording.
Certificate Holder is not afforded any coverage under the policy,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBEC POLICIES BE CANCELLED BECORE TH.E EXPIPATIO
Huntington Police Department CATE THEREOF,THE ISbUINO INSURER WILL ENDEAVOR TO W+ILn a DAYS PYRITTEH
FAX: (714) 374-1584 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 50 SMALL
IMPOSE HO OBLIGATION OR LABLITY OF ANY KING UPON THE INSURER,ITS AGENTS OR
REPRESENTAVVES.
AUTHORIZED REPRESENTATnrE
ACORO 26(2D01)DO) ®ACORD CORPORATION 198E
'SU a ;ty Contracts Submittal to ! ��-
City Clerk's Office
\Hum Bach j� I.N Li�. L• 1 ti
I
To: City Clerk
1. Name of Contractor: PL PERRIN
2. Purpose of Contract: For Example:,92ir/it Services or Water Oua/in'Testing Huntington Lake—Huntington Central Park
Polygraph Administration and Evaluation
3. Amount of Contract: $12,000.00
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
XNadinexten ion :CategoryData Entry,. "' aa
City Attorneys Office AIYha 600.'it)car `60Q.30..;. :,, , Pend;n
e
..
Date: 12/14/04
F
A_`
n
RECORDS DIVt CheekCitv.Clerk'§'Da abase for Ezistin¢File:', ❑DONE
g:/Attymisc/forms/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUINTINGTON BEACH AND
?L �rrlo 4 ASSocto,�
FOR
1?GLy6,/2,Qe r o Sal al�c��I'to.�
THIS AGREEMENT ("Agreement") is made and entered into this rT day of
20O'-+, by and between the City of Huntington Beach, a municipal
e
corporation of the State of California. hereinafter referred to as "CITY, and
�'i errt i-� £ —A 5 5o Qa -s a ,Sp ;fro 7l'1�c5�'
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
v U►(je, i2d 4 of CG� �e�h•�j 6161 t,L�n ; 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 �P r(1 rl who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agrcc/forms/profscrv10/15/01 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 A zreement. 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 k1'3°,a 00 unless
sooner terminated as provided herein: All tasks specified in Exhibit "A" shall be
completed no later than ,_�dj:g C 3u )L1 from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. 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.
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," a fee, including all costs and expenses, not to exceed
Dollars (S�00 ).
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 work only after receiving written authorization from CITY. Additional
agree/forms/profscry 10/15/01 2
.J'
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," 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, 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. CITY
agrcc/forms/profscrv10/13/01 3
shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY
in enforcing this obligation. 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. 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) 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 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
agree/forms/profserv10/15/01 4
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
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. 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 (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 f om CONSULTANT's indemnification and defense 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.
agrcc/forms/profsery 10/15/01 5
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 hereinabove.
aercc/forms/profscrv10/15/01 6
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 ?,o-rn n
ATTN: ch 1 eY -6-1-) d
2000 Main Street D ` Idol
Huntington Beach, CA 92648 (-S-1 ,
agrcc/forms/profscry 10/15/01 7
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.
agree/forms/profscrv10/15/01 8
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
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
agree/forms/profscrv10/15/01 9
24. ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, 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 non-prevailing 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. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive ar n'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, induceunents,
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
agree/forms/profsery 10/15/01 10
understandinus and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
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,
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
Director ofOt�C'�
By: e+� erg (� (Ptu-suaw To HBMC§3.03.100)
print name �l
ITS: (circle une) ra+rrrtat Pram e ��-?;t ntAPPROVED AS TO FORM:
AND
f ��v� City to ey kG
�Icll b`�
r By: �� /
REVIEWED ADD APP-ROVED:
print name \<
ITS: (circle one) R,-fteef Asst.
Secretary—Treasurer LirOAdministrator
(only for contracts over S50,000.00.)
ugrce/forms/profscrv10/15/01 l l
r.
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 complete screening
of all police candidates, which includes a polygraph test. The City has proposed
the use of a contract, trained professional to administer and evaluate all
polygraph tests. The focus of the test is to screen candidates in a fair and
impartial manner.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
1 . The consultant will provide trained and appropriately licensed personnel to
administer polygraph tests.
2. The consultant will respond to requests from the Police Department- to
administer polygraph tests to police candidates.
3. The consultant will arrange for a date and time to meet with the candidate at
the police department or a mutually agreed upon location to administer the
polygraph test.
4. The consultant will explain the procedure to the candidate and the process for
administering the test.
5. The consultant will provide a pre-screening questionnaire to the candidate to
fill out.
6. The consultant will administer the polygraph test to the candidate.
7. The consultant will record each question asked of the candidate in a written
format and will record all results on a permanent media, such as a computer
or paper readout.
8. The consultant will review the results of the polygraph and provide a written
evaluation to the Police Department.
9. The consultant will maintain all appropriate licenses as necessary.
10.The consultant will provide workers compensation insurance of not less as set
forth by City contract provisions.
jmp/contracts group/exA/11/6/03
I
EXHIBIT "A"
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractor after an invoice is received from the consultant.
2. Review all reports submitted by the consultant.
3. Negotiate rates with the consultant as necessary.
5. Provide overall review of the services.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is
understandable that some services will continue beyond the contract period if the
services are on-going. These on-going services will not have any costs that will
be assessed beyond the contract period.
jmp/contracts group/exA/11/6/03
• EXHIBIT "B"
Payment Schedule (Per Unit)
A. Per Unit Rate
1. CONSULTANT'S fees for such services shall be based upon the following per unit
rate and cost schedule:
Administration of polygraph test including all incidental services related to the
administration and evaluation of all test, including any written documents at $180
per unit.
2. A unit is described as the administration and evaluation of one polygraph test for
one candidate.
3. CONSULTANT shall be remitted one-half (1/2) of the set fee for cancellation of
scheduled tests, within two (2) hours of the scheduled date and time.
4. CONSULTANT shall be remitted the full fee for re-testing of any candidate, if not
in succession of another test with the same candidate, as requested by the CITY.
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 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. Billin
1. CONSULTANT shall submit an invoice, as services are provided per unit.
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;
agree/fornis/exB-per unit fee/l2/3/03 EXHIBIT B 1
Per Unit Payment /,l
• EXHIBIT "B" •
Payment Schedule (Per Unit)
C) Show the total amount of the payment due; and
D) Indicate the name of the candidate
E) Indicate the date of service
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.
7. 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 work completed and the rate
for such work. CITY shall approve such invoices if the work performed is in
accordance with the extra work or additional services requested, and if CITY is
satisfied that the work 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/forms/exB-per unit fee/12/3/03 EXHIBIT B 2
Per Unit Payment
Su 'w INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1. Requested by: Shawna X rya i
2. Date: November 16, 2004 DEC 13 2004
3. Name of contractor/permittee: P. L Perrin City
ofHo eyts 13 ech
4. Description of work to be performed: Polygraph services City
5. Value and length of contract: $12,000 ---1 year
6. Waiver/modification request: For cancellation clause modifications -$I000.0b cj-d .I
7. Reason for request and why it should be granted: Underwriter refuses to modify and this
service is necessary for the operation of the police department.
8. Identify the risks to the City in approving this waiver/modification: There is a possibility that
the city will not be notified if the insurance is cancelled as it is stated that the underwriter
will make an effort but it is not a requirement.
10, b e.Q.P. 11-16-04
Depa ment Head Signature Date:
APPROVALS;
Approvals must be obtained In.:the:order listed on this form.: Two approvals are required
for a`request to be;.granted. Approval from the City Administrator s'Offlce Is only required if
y
Risk Management and he City.Attorne 's Office disagree:
1. Rink Management 1 I
pproved ❑ Denied
Signature Date
2. City Attorney's Office
proved El Denis /Z /3 (>
ignature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature . Date
If approved, the completed:waiver/modification request is to te'submitted'to the
City Attorneys Office along with the contract for'.approval:' Once the contract has been approved,
this form is to be filed with the'Risk Management Division of Administrative Services:,.
Inciirnnrc nn V1/niwor PI Perrin rant 1111A19nfld Q-dr,ARA
12/03/2004 09.34 FAX B47 5410444 C. E. M. INC 002/002
-- -� OATE(MM/DDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 12 3 2004
PRODUCER THIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Complete Equity Markets, Inc dbe C*MPlaca FQ,,ifY Men41e HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1098 South Milwaukee Avenue InAYWCA Aq,,Cy,Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wheeling IL 60090
INSURERS AFFORDING COVERAGE NAIL#
INSURED Paul Lee Perrin-- INSURERA. Undor,riters at Llvyd's, London
INSURER S.
P O Box 1201 INSURER C'
Lake Forest, CA 92609-1201 INSURER0,
INSURER E;
COVERAGES
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 GERT15CATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSION5 AND CONDITIONS OF SUCH
POLICIES.A3GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INGR NTR ID91
0 POLI Y NE ICY EXPIRATION LIMITS
POLICY NUMBER DAT DATE MM100
GENERAL LIABILITY I EACH OCCURRENCE i
COMMERCIAL OENERAL LIA914ITY PREMISES Ea ao znae i
CLA,MSMADE OCCUR MEDEXP(Anyoneo son) i
PERSONAL iAOV INJURY B
OENERAL AGGREGATE i
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOPAGG i
17
POLICY P LOC
AUTOb1OBILELUIBILITY COMBINED SINGLE UMIT
(Ed eCHeenq S
ANYAuro
ALL OWNED AUTOS BOOILYINJURY
SCHEDULED AUTOS (Per Perw° j f
HIRED AUTOS BODILYINJVRY
NON-OWNEDAUTOB
(Ferecddero s
PROPERTY DAMA3E $
(Persealdenl)
GARAGELIABILITY � AUTO ONLY-EAACCIOENT i
TH
A.
ANYAUTO OTHERTHAN
AUTOONLY. AGG i
EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE Il
�
OCCUR G CLAIMSMADE jt)qAGGREGATE S
i
DEDUCTIBLE 3
RETENTION I 3
WORKERSCOMPENSATIONAND T RYLIIARS
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT i
ANY PROPRIETORMARTNERIMOLTIVE
OFFICERMEMOEN EXCLUDED-7 E.L.DISEASE•EA EMPLOYE d
I(Yee dewnbe Under
SPEG(AL PROVISIONS bolo E.L.DISEASE-POLICY LIMIT Is
OTHER $1,000,000 each Claim
A Professional 203827 12/03/04 12/03/05 $1,000,000 aggregate
Liability 1 000 dad each claim
DESCRFT,ON OF OPERATIONS I LOCATIONS!VEHICLES I EXCLUMONSADOED BY ENOGIIS EME N T/SPECIAL PROVISIONS
Disciplinary Proceedings Coverage - $5,000 each claiml$1,000 ded each claim.
Coverage is per the terms, conditions and exclusions of the policy wording.
Certificate Holder is not afforded any coverage under the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Huntington Police Department GATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO WIL nZ a DAYS WRITTEN
FAX; (714) 37 4-1 S E1 4 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND'UPON THE INSVRER,IFS AGENTS DR
REPRESENTATNES.
_ AU THORIZEO REPRESENTATIVE
rP
ACORD 26(2001108) 0 ACORD CORPORATION 198E
Su PROFESSIONAL SERVICE CONTRACTS
i
0
PURCHASING CERTIFICATION
1. Requested by: Shawna Krone-Schmidt
2. Date: January 5, 2004
3. Name of consultant: P.L. Perrin & Associates
4. Description of work to be performed: Polygraph Services
5. Amount of the contract: $12,000.00
6. Are sufficient funds available to fund this contract?' ❑ Yes, ® No
7. Company number and object code where funds are budgeted: 10070102.69365
I
8. Is this contract generally described on the list of professional service contracts
,I
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?'
® ❑ No
Yes,
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach payment a ment schedule.
proposed
is
f
IC R AM DRIL, a ger
Purchasing/Central Services
If the answer to any these questions is "No,"the contract will require approval from the City Council.
ii. _
Copeland, Karen
From: Bawa, Shana
Sent: Tuesday, December 14, 2004 4:41 PM
To: Copeland, Karen
Subject: Bids for polygrapher
Bullens and Bullens Forensic Associates
at www.forensic-assessment.com
Rate$200-$225 per client
Intercept Incorporated
4201 Whilshire Blvd. #312
Los Angeles, CA
Rate $200 per client
Wyenn and Associates
815 W. Central#20
Glendale,CA
Rate=$250 per client
1