HomeMy WebLinkAboutTruth Be Told Polygraph - 2011-10-01 FOB-
CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Truth be Told Polygraph, LLC Amendment
No. 1
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Polygraph Administration and Evaluation
Amount of Contract: $4,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
El
Dept. ❑ to Risk Management
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date: 'Z�2jl Ll2
Name/Exten ion
City Attorney's Office
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G:AttyMisc/Contract Forms/City Clerk Transmittal X;
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
TRUTH BE TOLD POLYGRAPH, LLC FOR
POLYGRAPH ADMINISTRATION AND EVALUATION
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, and TRUTH BE TOLD POLYGRAPH, LLC a California limited
liability company, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated September
29, 2011, entitled "Professional Services Contract Between the City of Huntington Beach and
Truth Be Told Polygraph for Polygraph Administration and Evaluation," which agreement shall
hereinafter be referred to as the "Original Agreement," and
Since execution of the Original Agreement, City and Consultant wish to extend the term
of the Original Agreement and consequently increase the amount of compensation to be paid to
Consultant,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. ADDITIONAL 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 the Original Agreement,
an additional sum, including all costs and expenses, not to exceed Two Thousand Dollars
($2,000.00). This additional sum shall be added to the original contract amount of Two
Thousand Dollars ($2,000.00), for a new total contract amount not to exceed Four Thousand
Dollars ($4,000).
2. TERM
The Term of the Original Agreement is hereby extended to September 30, 2012.
1
12-3171/74965
3. REAFFIRMATION
Except as specifically modified herein, all other teams and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on �02
TRUTH BE TOLD POLYGRAPH, LLC CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
q0,0" California
By:
—�J—*)w d 2m, 5
prin name I
ITS: (circle one)Chairman/President/Vice President Police Chief
AND
APPROVED AS TO FORM:
By:
print name
ITS: (circle one)Secretary/Chief Financial City Attorney `Dkz 1 i 1! ►L 'r
Officer/Asst. Secretary-Treasurer
2
1 2-3 1 7 1/7496 5
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
Amendment # 1
1. Date Requested: 10/18/11
2. Contract Number to be Amended:
3. Department: Police
4. Requested By: Shirleen McNamee
5. Name of Consultant: Truth Be Told Polygraph
6. Amount of Original/Prior Contract: $2,000
7. Additional Compensation Requested: $2,000
8. Original Commencement Date: 10/1/11
9. Original Termination Date: 3/1/12
10.Extended Date Requested: (410419
r
11. Reason for Contract Amendment:
The Police Department is doing more recruitments than originally anticipated,
which requires more polygraph examinations.
12.Are sufficient funds available to fund this contract? Yes ® No ❑
13.Business Unit and Object Code where funds are budgeted:
10070109.69300
69 3Rs S
Department Head Signatu Director of Finance
(or designee) Signature
lid CONTRACTS SUBMITTAL TO
CITY CLERIC'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: TRUTH BE TOLD POLYGRAPH
Purpose of Contract: Professional Services for Polygraph
Administration and Evaluation
Amount of Contract: $2,000
Copy of contract distributed to: The original insurance certificate/waiver distributed
to Risk Management
Initiating Dept.
Finance Dept. ORIGINAL bonds sent to Treasurer ❑
Date:
Nad a/Extension
y Attorney's Office
41
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Truth Be Told Polygraph
FOR
Polygraph Administration and Evaluation
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 Truth Be Told Polygraph. , a LLC hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
polygraph administration and evaluation ; 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 the 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 Yolanda Gellis who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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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 October 1 , 2011 (the "Commencement Date"). This Agreement
shall automatically terminate six (6) months from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than six (6) months from the Commencement Date. The time for performance of
the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A". This schedule
may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses,not to exceed two thousand Dollars ($2,000).
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
agee/surfnet/professional svcs to$49
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work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever
shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are applicable.
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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
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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 requirements 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.
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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 the 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.
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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 I 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 address specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificated 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 Truth Be Told Polygraph
ATTN: Shirleen McNamee 1033 E. Imperial Hwy., Suite E-10 #D
2000 Main Street Brea, Ca 92821
Huntington Beach, CA 92648
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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 heading, 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
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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.
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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 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 the Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVENING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California,
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
CONSU LTANT'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 behalf, which are
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not embodied in the 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. EFFECITVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the date
of its approval by the City Attorney. This Agreement shall expire when terminated as provided
herein.
CONSULTANT, CITY OF HUNTINGTON BEACH,
_ a municipal corporation of the State of
N, California
COMPANY NAME
By: Zu C
e
pot f L c- Chief �
- (Pursuant To HBHC§3.03.100)
print name
ITS: (circle one)Chairman/President/Vice President
AND
By: i'p
APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst. Y
Secretary—Treasurer City Attorney
Date
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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 which includes a
polygraph examination. The City proposes to use a trained professional to administer and
evaluate all polygraph examinations
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 screening of
candidates for police department positions.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. The consultant will provide trained and appropriately licensed personnel to administer
polygraph examinations.
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
complete.
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 Worker's Compensation insurance of not less than that
set forth by City contract provisions.
Surfnet Exhibit A
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay consultant after an invoice is received from the consultant.
2. Review all reports submitted by the consultant.
3. Negotiate rates with consultant as necessary.
4. Provide overall review of the services.
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
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:
I EN."k.fflnn,.�z' i MIN-M2, MU M WW
sttonrs c �
Administration&Evaluation of one
Polygraph Examination Per Candidate $225.00
2. CONSULTANT shall be remitted $87.75 for cancellation of scheduled examination,
within two (2) hours of the scheduled date and time.
3. CONSULTANT shall be remitted $125.00 for re-testing of an 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 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 per unit or hour as
outlined above.
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 1
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 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.
Surfnct Exhibit B hourly 2
R, NRAI
CORPORATE
SERVICES
Formerly Charles Baclet and Associates,Inc.
FILING STATUS REPORT
Date:June 3,2010
Matt Sumrow NRAI Order Number:CBA201002815
Law Office of Matt Sumrow . NRAI Service Rep: Kevin Wong
4695 MacArthur Court, Suite 310 Service Rep E-mail: kwong@nrai.com
Newport Beach,CA 92660 Client Reference Number:N/A
ATTACHED PLEASE FIND EVIDENCE OF THE FOLLOWING FILINGS)REOUESTED:
1) SITBJECT NAME TRUTH BE TOLD PQLYGRAPH,' 'L "C
Type of Filing: INCORPORATION/FORMATION FILING
JURISDICTION FILE DATE FILE NUMBER
SECRETARY OF STATE, 5/25/2010 201014710111
CALIFORNIA
._ `>l_Il.
Page 1 of 1
State of Californiaa
Secretary of State
RY
I, DEBRA BOWEN, Secretary of State of the State of California,
hereby certify:
That the attached transcript of page(s) is a full, true and
correct copy of the original record in the custody of this office.
IN WITNESS WHEREOF, I execute this
S�p,L OF Ty certificate and affix the Great Seal of the State
�P kuREKA' of California this day of
m
JINN 0 2 2010
Cq L 1 F O R��V, DEBRA BOWEN
Secretary of State
Sec/State Farm CE-109(REV 0112009) OSP 09 113643
201014710111
• LLC-1 Fite#
State fCalifornia.
�j Secretary of State E DUMbto m FILED
In the Office of the Secretary of State
of the State ofCaliforrtia
LIMITED LIABILITY COMPANY MAY 25 2010
ARTICLES GP ORGANIZATION
A$70.00 filing fee must accompany this form.
IMPORTANT—Read instructions before completing this form. This Space For Filing Use ONy
ENTITY NAME (End the name with the words limited Liability Company,-or the abbreviations'LLC'or-L.L.0- The words'Limited'and'Company'
maybe abbreviated to'Ltd.'and'Co_;respectively.)
1. NAME OF LIMITED LIABILITY COMPANY
TRUTH BE TOLD POLYGRAPH,LLC
PURPOSE (The following statement Is required by statute and should not be altered.)
2. THE PURPOSE OF THE LIMITED LIABILITY COMPANY IS TO ENGAGE IN ANY LAWFUL ACT OR ACTIVITY FOR WHICH A LIMITED LIABILITY
COMPANY MAY BE ORGANIZED UNDER THE BEVERLY-KILLEA LIMITED LIABILITY COMPANY ACT.
INITIAL AGENT FOR SERVICE OF PROCESS (1f the agent Is an individual.the agent must reside in California and both Items 3 and 4 must be
completed. If the agent is a corporation,the agent must have on file with the Catfomia Secretary of State a certificate pursuant to Corporations Code
section 1505 and Item 3 must be completed(leave Item 4 blank).
3. NAME OF INITIALAGENT FOR SERVICE OF PROCESS
YOLANDA GELLIS
4. IF AN INDIVIDUAL.ADDRESS OF INITIAL AGENT FOR SERVICE OF PROCESS IN CALIFORNIA CITY STATE ZIP CODE
1033 East Imperial Highway, Suite E-10#D Brea CA 92821
MANAGEMENT(Check only one)
5. THE LIMITED LIABILITY COMPANY WILL BE MANAGED BY:
aONE MANAGER
®MORE THAN ONE MANAGER
®ALL LIMITED LIABILITY COMPANY MEMBER(S)
ADDITIONAL INFORMATION
B. ADDITIONAL INFORMATION SET FORTH ON THE ATTACHED PAGES.IF ANY,IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART
OF THIS CERTIFICATE.
EXECUTION
7. 1 DECLARE I AM THE PERSON WHO EXECUTED THIS INSTRUMENT.WHICH EXECUTION IS MY ACT AND DEED.
��+ttvE D TAR`
May 25,2010 f • `
DATE SIGNATURE OF ORGkbhZ1ER o fill
con
Matthew A.Sumrow
TYPE OR PRINT NAME OF ORGANIZER
LLC•1(REV 04r2007) APPROVED BY SECRETARY OF STATE
' CITY OF HUNTINGTON BEACH
Professional Service Approval Form
f PART I
Date: 9/21/2011 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 I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
To provide necessary and essential polygraph examinations and evaluations in order to
facilitate the smooth operation of the Police Department and to provide impartial screening of
candidates for police department positions
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2) Estimated cost of the services being sought: $4,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the .
City Council.) ❑ Yes ❑ No
5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted:
10070109.69300 $ 4,000 $
6) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
® MC 3.03.08— Contract Limits of$30,000 or less exempt procedure will be utilized.
epartr nt Head S ature Date
Director of Knance's Signature Date
De uty City Manager's Signature Date
APPROVED DE E
City Manager's Signature Date
CITY OF HUNTINGTON BEACH
v Y
Professional Service Approval Form
° y PART 11
Date: 9/21/2011 Project Manager: Shirleen McNamee
Requested by Name if different from Project Manager:
Department: Police
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& H MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Truth Be Told Polygraph
2) Contract Number: POL
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract$ 2,000
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.
Director of Finance (or d signee) Signature Date