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Beard Investigative Services - 2018-02-08
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES, LLC FOR BACKGROUND INVESTIGATIVE SERVICES 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 BEARD INVESTIGATIVE SERVICES, LLC, a limited liability company, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated February 8,2018 entitled"Professional Services Contract Between the City of Huntington Beach and Beard Investigative Services, LLC." 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 and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the additional services to be performed, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Thirty Eight Thousand Five Hundred Dollars ($38,500) in addition to the original sum of Fifty Eight Thousand Five Hundred Dollars($58,500), for a new total not to exceed Ninety Seven Thousand Dollars ($97,000). 19-7935/211282 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on q /q I j!j , 2019. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of BEARD INVESTIGATIVE SERVICES, LLC California By: Di�gser/ (Pursuant To IIBMC§3.03.100) print name APPROVED AS TO FORM: ITS: (circle one)Chairman/President/Vice President AND By: City Attorney ate print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurer City Clerk Date /0/3//9 COUNTERPART 19-7935/211282 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on 9 If Z9 Zj1, ,2019. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of BEARD INVESTIGATIVE SERVICES, LLC California (Pursuant To 11BMC§3.03.100) print name APPROVED AS TO FORM: ITS: (circle one)ChairrnaqlsE ice President AND By: n/ er City Attorney / --J--,e t"lle::2 8P.Pie- Date print name ITS: (circle one)Secretary/Chief Financial Officer/Asst, RECEIVE AND FILE: Secretary—Treasurer City Clerk Date COUNTERPART 19-7935/211282 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES, LLC FOR BACKGROUND INVESTIGATIVE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, Beard Investigative Services, LLC, a Limited Liability Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide background investigative services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Greg Beard who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 18-6927/189393 1 of 11 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 February 8, 2018 (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 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 Fifty-Eight Thousand Five Hundred Dollars ($58,500). 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 18-6927/189393 2 of 11 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 18-6927/189393 3 of 11 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 ($1,000,000.00) 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 18-6927/189393 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect 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. 18-6927/189393 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 hereinabove. f 1 18 6927/189393 6 O 1 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 - Beard Investigative Services, LLC ATTN: Kristin Miller ATTN: Greg Beard 2000 Main Street 3691 Provincetown Ave. Huntington Beach, CA 92648 Irvine, CA 92606 18-6927/189393 7 of 11 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 ph-rases 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 to require the commission of any act 18-6927/189393 8 of 11 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. 18-6927/189393 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 18-6927/189393 10 Of 11 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. 18-6927/189393 11 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GREG BEARD California Beard Investigative Services, LLC By: 4Cityag INITIATED AND AP OVED. print name l ITS: (circle one) Chairm residen ice 'O"uo Chle4L President AND APPROVED AS TO FORM: f By: /1 4 �,,�City Attorney print name Date ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: 7� City Clerk Date 18-6927/189393 12 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Contractor will complete the assigned fieldwork, as described below, for the background investigations of police department applicants. Contractor will work closely and report directly to the Personnel Officer/Background Investigator. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Contact applicant's previous employer(s)to: i. Review/copy personnel file ii. Interview previous supervisors/co-workers 2. Conduct neighborhood check(s) at applicant's current and previous residence(s) to interview neighbors. 3. Contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 4. Contact family, personal references and secondary references. 5. Prepare written reports for each contact made. 6. Prepare written summary based on California POST guidelines at the end of the background investigation. These guidelines can be found online in the POST Administrative Manual Section C 1953 (g)(1 ). Detailed reports will include: -Summary of family, persoanl references, and secondary references. -Summary of employers -Summary of residences 1 -Summary of any agency where the applicant has been in backgrounds -Overall summary. C. CITY'S DUTIES AND RESPONSIBILITIES: I. 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: 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Full Time Sworn or non-sworn public safety employees Flat Rate: $1600.00 Hourly Rate: $85.00 Part Time/volunteer/intern public safety employees Flat Rate: $1500.00 Hourly Rate: $85.00 Hourly Rates of$85.00 apply for fiscal years 2017118, 2018/19, and 2019/20. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthl 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 costs 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) 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 3 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. 4 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 list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. CITY OF HUNTINGTON BEACH Professional Service Approval Form ��• �,� Amendment # 1. Date Requested: 10/09/18 2. Contract Number to be Amended: 3. Department: Police 4. Requested By: Robert Handy, Chief of Police 5. Name of Consultant: Beard Investigative Services, Inc 6. Amount of Original/Prior Contract: $33,500 7. Additional Compensation Requested: $25,000 8. Original Commencement Date: February 8, 2018 9. Original Termination Date: February 8, 2021 10. Extended Date Requested: 11. Reason for Contract Amendment: The Police Department continues to recruit and conduct backgrounds for vacant positions and needs to increase the compensation amount for this contract. 6*Purchasi Appr DW 12. Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 18/19 10070102.69395 $25000 $ $ $ �dedg!�e�tA�rova`l��� Date / z Depa ment Head Si ature Date 16 Ci a ager Approval Signature Date professional service approval form- beard amendment REV: 2016 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES, LLC FOR BACKGROUND INVESTIGATIVE SERVICES Table of Contents 1 Scope 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 BEARINV-01 MMELTON AC ORD DATE(MMfDDfYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 01/05/2018 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Cottage Grove Office PHONE jwc,No: 541 942-9860 g (wc,Ne,Ext):(541)942-0555 ( ) PayneWest Insurance,Inc. E-MAIL 16-45 East Main AD RE Cottage Grove,OR 97424 INSURERS AFFORDING COVERAGE NAIC p INSURERA:Scottsdaie Insurance Company 41297 INSURED INSURER B: Beard Investigative Services LLC INSURER C: PO Box 60154 INSURER D: Irvine,CA 92602 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR TYPE OF INSURANCE POLICY NUMBER to 1,66D,D00 T A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 01106/2018 01f06J2019 DAMAGE TO RENTED nc f 100,000 CLAIMS-MADE ❑X OCCUR RBS0010706 5,000 ME D EXP An one erson E 1,DOD,000 PERSONAL&ADV INJURY E 2,000,000 . GENERAL AGGREGATE S GEN'L AGGREGATE LIMO IT APPLIES PER: 2,000,ODO X POLICY PEST LOC PRODUCTS-COMPlOP AGG S f OTHER'. COMBINED SINGLE LIMIT S AUTOMOBILE LIABILITY a c BODILY INJURY Per arson ANY AUTO S OWNED SCHEDULED BY;� �._ BODILY INJURY Per acodent $ AUTOS ONLY AUTO{S�VyN MICMAC6�, 5ATE p Oa=dent AMAGE f AUTOS ONLY AUIRED NOTOS ONLDY b(T,Y ATTORNEY C^� $ WnN6M�. � UMBRELLA LAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S I $ j DED RETENTIONS PER OTH- WORKERS COMPENSATION STATUTE AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE•EA EMPLOYE S If es,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Q1(06/2018 01106/2019 each claim JA1,000,000 A Errors&Omissions RBS0010706 Errors&Omissions RBS0006816 01106/2017 01/06/2018 aggregate 2,000,000 ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES iACORD 1D1,Additional Remarks Schedule,maybe attached If more space Is required) License#25452 It is agreed the Bureau of Security&Investigative Services is added as a Certificate Holder and will be notified of any policy cancellation or change In coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bureau of Security&Investigative Services ACCORDANCE WITH THE POLICY PROVISIONS, PO Box 989002 West Sacramento,CA 95798 AUU\T\HOORIIZZE�D REPRESENTATIVE V1�6�VV&__ ACORD 25(2016f03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT SCOTTSDALE INSURANCE COMPANY' NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF NAMED INSURED AGENT Na POLICY NUMBER (12:01 A_K STANDARD TIME) RBS-0010706 1/6/2018 Beard Investigative Services LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS— AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU INCLUDING PRIMARY OR PRIMARY AND NON-CONTRIBUTORY AND LIMITED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations and you and such person or organization have executed a written contract or agreement prior to the time of an"occurrence"giving rise to a claim that such person or organization be added as an additional insured on your policy. Such person or organi- zation is an additional insured only with respect to liability for"bodily injury,""property damage,""error or omission"or"personal and advertising injury"caused, in whole or in part, by: 1. Your negligent acts or omissions;or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage,""error or omission"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or sur- veying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury"or"property damage"occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or b. That portion of"your work"out of whichthe injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright,ISO Properties, Inc.,2004 GLS-487(6.15) Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to SEC- TION III—LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS; subparagraphs a. Pri- mary Insurance and b. Excess Insurance of paragraph 4.Other Insurance are amended as follows: If you have agreed in a written contract and executed such a contract or agreement prior to the time of an"occurrence"giving rise to a claim, that this policy will be afforded on a primary or primary and non- contributory basis and without right of contribution from any insurance in force for the liability in the performance of your ongoing operations for the additional insured(s), then this insurance will be af- forded on a primary or primary and non-contributory basis, and we will not seek contribution from any other such insurance. E. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to paragraph B.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against an additional insured if you have agreed in a written contract, and executed such a contract or agreement prior to the time of an"occurrence"giving rise to a claim, but only with respect to liability for"bodily injury,""property damage,""error or onission" or"personal and advertising injury"caused by: 1. The named insured's negligent acts or omissions;or 2. The negligent acts or omissions of those acting on the named insured's behalf; in the performance of the named insured's ongoing operations for the additional insured. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-487(6-15) Page 2 of 2 K } & \ \ ) ! 2 � 2ta9 2 ` 3 {{ £ 5 ! £ : / ! {� \ \ } \ (kk ( \ ! { \ \ ) } ) ) ) § ( q [ 8E § & $ i4 & Imm9 , f $ & ® & $ G � _ • � � 2 & � ƒ ) § aev2 ; ; eGe E t ) \ \ ; ) \§ @If ; � r = lei , 2 \ 0 � 72G ; , tom , A & 7 ) ! § qA $ & « § � ) 6yq § 6666 ! ! a ±\ \\ / } } \ ) kk \ ) a a \ f) § «$ k{ ! Eoz Ic , � { j S )f {> � ) ® IV = § Qk ( ( ! § � ` % ) a = uz � o § a & a � � ez General Ledger Journal Address Purchase Object Business G Order Account Unit L Date Amount Entry Remark Number Explanation 00023865 69365 10070102 5/8/2018 366.71 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 5/8/2018 1,673.03 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 5/8/2018 3,409.72 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 5/8/2018 425.00 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 5/29/2018 1,653.41 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 5/29/2018 1,600.00 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 6/11/2018 1,565.86 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 6/15/2018 927.94 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 7/9/2018 197.25 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 7/9/2018 3,517.19 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 7/9/2018 428.82 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 7/24/2018 1,746.06 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 7/30/2018 1,627.03 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/7/2018 510.00 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/13/2018 1,634.34 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/13/2018 1,689.20 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/13/2018 1,646.33 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/20/2018 1,933.48 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/20/2018 502.38 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 8/20/2018 1,617.44 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 9/30/2018 479.49 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 9/21/2018 229.94 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 00023865 69365 10070102 10/8/2018 3,279.02 BEARD INVESTIGATIVE SERVICES L Professional Services 104453 Total Posted 32,6 9.64 MAIN TOTAL 32,659.E `"�-���Y ll►"t f lJ" BEARD INVESTIGATIVE SERVICES INVOICE CA P.I. #25452 P.O. BOX 60154 IRVINE,CA 92602 Phone:949-683-3691 INVOICE#HBPD-2018-10-2 — EIN:47-3450238 DATE: 10/12/2018 TO: FOR: CITY OF HUNTINGTON BEACH BACKGROUND INVESTIGATIONS 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 DESCRIPTION HOURS RATE AMOUNT Background—RIVAS,Vincent—Police Officer(Lateral) $1,600 • Mileage: 202 @$.545 per mile 5176.S2 TOTAL $1,776.52 Terms: Net 30 days �i`i �'�^� d Please make checks payable to: Beard Investigative Services,LLC General Fund -Police Department-Run Date:10/31/2018 Object Actual Adopted Revised Encumb YTD Actual Funds Avail Account FY 1718 Budget FY 18/19 FY 18119 FY 18/19 FY 18/19 Dept Revised FY 18119 00100-General Fund 51100-Salaries-Permanent 25,680,525 36,888,464 36,888,464 10,654,868 26,233,596 POL 52000-Salaries-Temporary 314,933 367,098 367,098 2,700 97,354 267,044 POL 53000-Salaries-Overtime 3,888,689 3,893,950 3,893,950 1,954,548 1,939,402 POL 54000-Termination Pay Outs 1,079,615 0 0 496,477 (496,477) POL 55000-Benefits 21,601,223 29,582,785 29,582,785 15,995,452 13,587,334 POL 51000-PERSONNEL SERVICES 52,564,986 70,732,297 70,732,297 2,700 29,198,699 41,530,898 POL 61000-Utilities 29,564 19,500 19,500 3,915 4,566 11,019 POL 63000-Equipment and Supplies 789,630 945,254 942,590 575,403 209,172 158,016 POL 64520-Repairs and Maintenance 746,666 964,510 986,248 458,489 291,486 236,272 POL 68500-Conferences and Training 304,313 319,105 319,105 134,109 79,143 105,853 POL 69300-Professional Services 282,686 335,825 547,858 359,533 79,867 108,457 POL 69450-Other Contract Services 1,569,292 2,279,087 2,459,891 2,290,877 127,304 41,710 POL 70000-Rental Expense 7,148 10,884 10,884 5,913 2,288 2,683 POL 73000-insurance 0 0 0 POL 75000-Payments to Other Governments 592,863 928,540 928,540 675,484 253,057 0 POL 78000-Expense Allowances 330,933 367,000 367,000 11,650 355,350 POL 79000-Other Expenses (132) 4,973 4,973 0 4,973 POL 60000-OPERATING EXPENSES 4,652,963 6,174,678 6,586,588 4,503,722 1,058,533 1,024,333 POL 85000-Vehicles 0 POL 80000-CAPITAL EXPENDITURES 0 POL 88010-Debt Service Expenses 0 0 0 POL 88200-Transfers to Other Funds 1,951,329 0 0 0 0 POL 88000-NON-OPERATING EXPENSES 1,951,329 0 0 0 0 POL 50000-EXPENDITURES 59,169,277 76,906,975 77,318,886 4,506,422 30,257,232 42,555,231 POL Total 00100-General Fund 59,169,277 76,906,975 77,318,886 4,506,422 30,257,232 42,555,231 59,169,277 76,906,975 77,318,886 4,506,422 30,257,232 42,555,231 10/31/2018 12:14:11 PM Page 1 of 1 General Fund-Police Department-Run Date:10/31/2018 Object Actual Adopted Revised Encumb YTD Actual Funds Avail Account FY 1718 Budget FY 18/19 FY 18/19 FY 18119 FY 18/19 Dept Revised FY 18119 00100-General Fund 10070101 -PD-Administration/Executive 51100-Salaries-Permanent 243,318 324,425 324,425 99,823 224,602 POL 53000-Salaries-Overtime 874 209 (209) POL 54000-Termination Pay Outs 12,757 0 0 0 0 POL 55000-Benefits 187,245 241,595 241,595 136,707 104,888 POL 51000-PERSONNEL SERVICES 444,195 566,020 566,020 236,739 329,281 POL 61000-Utilities 432 2,500 2,500 832 2,368 (700) POL 63000-Equipment and Supplies 9,301 12,500 13,138 11,163 2,180 (206) POL 64520-Repairs and Maintenance 144 0 0 0 0 POL 68500-Conferences and Training 27,428 0 0 7,500 14,358 (21,858) POL 69300-Professional Services 1,800 0 126,298 116,298 0 10,000 POL 69450-Other Contract Services 9,800 100,000 90,000 0 7,799 82,201 POL 70000-Rental Expense 0 0 0 POL 75000-Payments to Other Governments 0 0 0 POL 78000-Expense Allowances 0 0 0 POL 79000-Other Expenses 36 0 0 0 0 POL 60000-OPERATING EXPENSES 48,941 115,000 231,936 135,793 26,705 69,437 POL 50000-EXPENDITURES 493,136 681,020 797,955 135,793 263,444 398,718 POL Total 10070101 -PD-Administration/Executive 493,136 681,020 797,955 135,793 263,444 398,718 10070102-PD-Administrative Services 51100-Salaries-Permanent 401,563 358,296 358,296 162,103 196,193 POL 52000-Salaries-Temporary 22,995 15,015 (15,015) POL 53000-Salaries-Overtime 8,114 10,043 (10,043) POL 54000-Termination Pay Outs 7,710 0 0 11,066 (11,066) POL 55000-Benefits 324,136 254,885 254,885 173,337 81,549 POL 51000-PERSONNEL SERVICES 764,518 613,181 613,181 371,563 241,618 POL 61000-Utilities 22,312 10,000 10,000 1,584 8,416 POL 63000-Equipment and Supplies 138,675 5,500 13,131 11,386 28,452 (26,707) POL 64520-Repairs and Maintenance 351,887 333,636 354,636 223,169 146,593 (15,125) POL 68500-Conferences and Training 5,377 0 0 0 0 0 POL 69300-Professional Services 76,703 53,310 113,229 22,904 29,817 60,508 POL 69450-Other Contract Services 1,009,248 1,520,000 1,700,090 1,680,090 0 20,000 POL 70000-Rental Expense 162 0 0 0 0 POL 75000-Payments to Other Governments 16,965 0 0 0 0 0 POL 78000-Expense Allowances 317,183 348,300 348,300 6,666 341,634 POL 79000-Other Expenses 0 0 0 POL 60000-OPERATING EXPENSES 1,938,511 2,270,746 2,539,387 1,937,548 213,111 388,727 POL 50000-EXPENDITURES 2,703,029 2,883,927 3,152,567 1,937,548 584,674 630,345 POL Total 10070102-PD-Administrative Services 2,703,029 2,883,927 3,152,567 1,937,548 584,674 630,345 10070103-PD-Budget 51100-Salaries-Permanent 126,282 171,705 171,705 52,192 119,513 POL 52000-Salaries-Temporary 20,973 0 0 7,420 (7,420) POL 53000-Salaries-Overtime 44 15,040 15,040 0 15,040 POL 54000-Termination Pay Outs 10,167 0 0 3,711 (3,711) POL 55000-Benefits 73,767 96,468 96,468 54,872 41,596 POL 51000-PERSONNEL SERVICES 231,233 283,213 283,213 118,194 165,018 POL 61000-Utilities 0 0 0 POL 63000-Equipment and Supplies 992 4,500 1,700 1,491 152 57 POL 64520-Repairs and Maintenance 0 0 0 POL 68500-Conferences and Training 0 0 0 0 POL 69300-Professional Services 0 0 0 POL 69450-Other Contract Services 0 0 0 0 POL 70000-Rental Expense 0 0 0 POL 75000-Payments to Other Governments 0 0 0 POL 10/31/2018 12:14:58 PM Page 1 of 10 PROFESSIONAL SERVICES FISCAL YEAR 2018/19 Police Current PSA Balance: $136,949 Impact to Future Years Date Descri tion Amount Notes FY 19/20 FY 20/21 FY 21/22 Psychological exams,polygraph,legal consultations,rape and medical exams,crime prevention, hazmat physical exams,flight crew 7!1l2018 physicals,blood withdraws,transcription,juvenile 335.825 diversion,gang prevention and other related consulting and professional services. Total PSA $ 335,825 Total Contract Date Descri tion I Amount Value I Notes FY 19120 FY 20/21 FY 21/22 7/1/2018 CSP Inc 105,876 283,516 Victims Assistance Services(grant fund 124) 7/1/2018 Background Investigation Services-Traub 10,000 27,500 RFP 10,000 - - 7/1/2018 Background Investigation Services-Beard 13,000 33,500 RFP 13,000 7/1/2018 RCS Investigative Services 10,000 20,000 10/24/2018 Truth be Told Polygraph Examination Services 10,000 38,620 Amendment No. 1 10/31/2018 Background Investigation Services-Traub 18,000 45,500 Amendment No. 1 10/31/2018 Background Investigation Services-Beard 32,000 65,500 Amendment No. 1 Total Value $ 198,876 Balance $ 136,949 PROFESSIONAL SERVICES FISCAL YEAR 2018/19 Police Current PSA Balance: $136,949 Impact to Future Years Date Descri tion Amount Notes FY 19120 FY 20/21 FY 21/22 Psychological exams,polygraph,legal consultations,rape and medical exams,crime prevention, hazmat physical exams,flight crew 7/1/2D18 335,825 physicals,blood withdraws,transcription,juvenile diversion,gang prevention and other related consulting and professional services. Total PSA $ 335,825 Total Contract Date Description Amount Value Notes FY 19120 FY 20121 FY 21/22 7/1/2018 CSP Inc 105,876 283,516 Victims Assistance Services(grant fund 124) 7/1/2018 Background Investigation Services-Traub 10,000 27,500 RFP 10,000 7/1/2018 Background Investigation Services-Beard 13,000 33,500 RFP 13,000 7/1/2018 RCS Investigative Services 10,000 20,000 10/24/2018 Truth be Told Polygraph Examination Services 10,000 38,620 Amendment No.1 10/31/2018 Background Investigation Services-Traub 18,000 52,500 Amendment No.1 10/31/2018 Background Investigation Services-Beard 32,000., 58,500 Amendment No.1 Total Value $ 198,876 Balance $ 136,949 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES FOR BACKGROUND INVESTIGATIVE SERVICES, LLC 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 Beard Investigative Services, LLC, a Limited Liability Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide background investyigative 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 Greg Beard who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional sves to$49 toils 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on February 8, 2018 (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 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 "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Three Thousand, Five Hundred Dollars ($33,500). 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 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 "13." agree/surfnet/professional svcs to$49 10115 2 of 11 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. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional svcs to$49 10115 3 of 11 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 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 agree/surfnet/professional svcs to$49 10115 4 of 11 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. 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 agree/sudnet/professional svcs to$49 10115 5 of 11 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. 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. agree/surfnet/professional svcs to$49 10115 6 of 11 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 Beard Investigative Services, LLC ATTN: Kristen Miller ATTN: Greg Beard 2000 Main Street 3691 Provincetown Ave. Huntington Beach, CA 92648 Irvine, CA 92606 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. agree/surfnet/professional sves to$49 10115 7 of 11 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 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 agree/surfnet/professional svcs to$49 10115 8 of 11 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. 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. agree/surfnet/professional svcs to$49 10115 9 of 11 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional sves to$49 10115 10 of 11 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, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Greg Beard California COMPANY NAME Beard Investigative Services, LLC Z ,16 of r ( Director/� By: (Pursuant To HBMC§3.03.100) APPROVED AS TO FORM: print name ITS: (circle one)Chairma residen ice President AND City Attorney By: /✓zw p Dale �ote /RCJi�.P/E7��Sf1/P print name RECEIVE AND FILE: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer City Clerk Date agree/surfnet/professionalsvcs to$49 10115 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Contractor will complete the assigned fieldwork, as described below, for the background investigations of police department applicants. Contractor will work closely and report directly to the Personnel Officer/Background Investigator. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Contact applicant's previous employer(s) to: i. Review/copy personnel file ii. Interview previous supervisors/co-workers 2. Conduct neighborhood check(s) at applicant's current and previous residence(s) to interview neighbors. 3. Contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 4. Contact family, personal references and secondary references. 5. Prepare written reports for each contact made. EXHIBIT A 6. Prepare written summary based on California POST guidelines at the end of the background investigation. These guidelines can be found online in the POST Administrative Manual Section C 1953 (g)(1). Detailed reports will include: -Summary of family, persoanl references, and secondary references. -Summary of employers -Summary of residences -Summary of any agency where the applicant has been in backgrounds -Overall summary. 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: EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Full Time Sworn or non-sworn public safety employees Flat Rate: $1600.00 Hourly Rate: $85.00 Part Time/volunteer/intern public safety employees Flat Rate: $1500.00 Hourly Rate: $85.00 Hourly Rates of$85.00 apply for fiscal years 2017/18, 2018/19, and 2019/20. 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 costs 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) 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. 1 Exhibit B 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. 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 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. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES FOR BACKGROUND INVESTIGATIVE SERVICES Table of Contents 1 Scope 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 ---� BEARINV-01 WELTON ACOR�" DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 01/05/2018 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Cottage Grove Office g PHONEFAX PayneWest Insurance,Inc. E a Lo,Ext):(541)942-0555 (A/C,No):(541)942-9860 1645 East Main ADDRESS: Cottage Grove,OR 97424 INSURERS AFFORDING COVERAGE NAIC# INSURER A:SCOttsd ale Insurance Company 41297 INSURED INSURER B Beard Investigative Services LLC INSURER C: PO Box 60154 INSURER D: Irvine,CA 92602 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE D WVD POLICY NUMBER MID /YYYY (MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR RBS0010706 01/06/2018 01/06/2019 DAMAGE TO @occurRENTE 100,000 PRE E Ea occur ence $ MED EXP An one person) $ S,000 PERSONAL&ADV INJURY $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 X POLICY PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY (Ea acccident SINGLE LIMIT $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-pWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accdent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY ST TE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors&Omissions RBS0010706 01/06/2018 01/06/2019 each claim 1,000,000 A Errors&Omissions RBS0006816 01/06/2017 01/06/2018 aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATI DNS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) License#25452 It is agreed the Bureau of Security&Investigative Services is added as a Certificate Holder and will be notified of any policy cancellation or change in coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bureau of Security&Investigative Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y g ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 989002 West Sacramento,CA 95798 AUTHORIZED REPRESENTATIVE I V"��� M'\_ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -•-� BEARINV-01 MMELTON ,4coRoT CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 0 210 212 0 1 8 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Cottage Grove Office PHONE FAX PayneWest Insurance,Inc. (A/C,No,Ext):(541)942-0555 (A/c,No):(541)942-9860 1645 East Main ADDRESS: Cottage Grove,OR 97424 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B: Beard Investigative Services LLC INSURER C: PO Box 60154 1 INSURER D: Irvine,CA 92602 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP T TYPE OF INSURANCE IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,0009000 CLAIMS-MADE X OCCUR X RBS0010706 01/06/2018 01/06/2019 OAMAGEPREMISESTOEaRENToccurEO 100,000 rence $ MEOEXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 190009000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,0009000 X POLICY PEi° LOC PRODUCTS-COMP/OPAGG $ 2,0009000 OTHER: $ AUTOMOBILE LIABILITY COMB SINGLE LIMIT Ea accident) $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULEO AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIREO NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE 1 $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTION$ I $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIOENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.OISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors&Omissions X RBS0010706 01/06/2018 01/06/2019 each claim 19000,000 A Errors&Omissions X RBS0010706 01/06/2018 01/06/2019 aggregate 29000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured per attached form GLS487 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT SCOTTSDALE INSURANCE COMPANY' NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF NAMED INSURED AGENT NO. POLICY NUMBER (12:01 A.M.STANDARD TIME) RBS-0010706 1/6/2018 Beard Investigative Services Li 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU INCLUDING PRIMARY OR PRIMARY AND NON-CONTRIBUTORY AND LIMITED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. SECTION Ill) IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations and you and such person or organization have executed a written contract or agreement prior to the time of an"occurrence"giving rise to a claim that such person or organization be added as an additional insured on your policy. Such person or organi- zation is an additional insured only with respect to liability for"bodily injury,""property damage,""error or omission"or"personal and advertising injury"caused, in whole or in part, by: 1. Your negligent acts or omissions;or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage," "error or omission" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or sur- veying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury"or"property damage"occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or b. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Includes copyrighted material of ISO Properties, Inc.,with Its permission. Copyright, ISO Properties, Inc.,2004 GLS-487(6-15) Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to SEC- TION III—LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS; subparagraphs a. Pri- mary Insurance and b. Excess Insurance of paragraph 4.Other Insurance are amended as follows: If you have agreed in a written contract and executed such a contract or agreement prior to the time of an"occurrence"giving rise to a claim, that this policy will be afforded on a primary or primary and non- contributory basis and without right of contribution from any insurance in force for the liability in the performance of your ongoing operations for the additional insured(s), then this insurance will be af- forded on a primary or primary and non-contributory basis, and we will not seek contribution from any other such insurance. E. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against an additional insured if you have agreed in a written contract, and executed such a contract or agreement prior to the time of an"occurrence"giving rise to a claim, but only with respect to liability for"bodily injury," "property damage,""error or omission" or"personal and advertising injury"caused by: 1. The named insured's negligent acts or omissions;or 2. The negligent acts or omissions of those acting on the named insured's behalf; in the performance of the named insured's ongoing operations for the additional insured. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-487(6-15) Page 2 of 2 Prospective Bidders for Project Background Investigative Services(2017-1031) Issued on 10/31/2017 Bid Due on November 29,2017 4:00 PM{Pacific} Exported on 02/07/2018 Company Name Address Address 2 City State ZipCode Contact Name Phone Email Norman A.Traub Associates 5409 Via Fonte Yorba Linda CA 92996 Norm Traub 714-693.3428 ntraub@sbcglebal.net Prime Vendor Inc. 4622 Cedar Avenue Wilmington NC 28403 Bid Clerk SDD•746-9554 5hanti.@prime-vendor.com Onvia 509 Olive Way Seattle WA 99101 Source Management 206-373-9500 sourcemgmt@onvia.net Mullis Insurance 1299 Boltonfield St. Columbus OH 4322.9 David Mullis 505-998-6583 dmullisinsurance@gmail.com Main Hire Staffing&Outsourcing 1443 East Washington Blvd 238 Pasadena CA 91104 Michael Marn 424-202-2102 main@mainhire.com TruView BSI,LLC 444 E.Huntington Drive Suite 305 Arcadia CA 91006 William Manning 516.289.0275 wmanning@truviewbsi.com Secureche6360,LLC 10620 Treena Street Suite 230 San Diego CA 92131 Naresh Kumar 955-955-4999 ext.11b naresh@securecheck3G0.com Beard Investigative Services,LLC P-O.Box 60154 Irvine CA 92606 Greg Beard 549-385-3723 BeardlnvSvcCja gmail.com KENTECH Consulting Inc. S201 Great America Plwy Santa Clara CA 95054 Kenneth Coats 707-702-3001 kcoats@ekentech.eom CSW Funding LLC 7741 Lemon Grove Ave 202 Lemon Gro,CA 91945 Wanda Rogers 615-303.6890 wlrogers@constructionserviceworkers.com NORTH AMERICAN SECURITY AND INVESTIGATIONS,INC SSG E CARSON PLAZA DR SUITE 223 CARSON CA 90746 DOUG IVERSEN 909-463-7864 INFO@NASI-PI.COM