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HomeMy WebLinkAboutJoe Mar Polygraph Services - 2019-07-18 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOE MAR POLYGRAPH SERVICES FOR POLYGRAPH ADMINISTRATION AND EVALUATION THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Joe Mar Polygraph Services, a Sole Proprietorship hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide polygraph administration and evaluation; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by 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 Joe Delia 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. 19-7723/207746 agree/surfnet/profession al svcs to$49 05/19-204132 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 41L 18 , 20-11 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifteen Thousand Dollars ($15,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 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 A. 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. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 19-7723/207746 agree/surfnet/profession al svcs to$49 05/19-204132 3 of 11 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 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 19-7723/207746 agree/surfnet/profession alsvcsto$49 05/19-204132 4 of 11 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 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; 19-7723/207746 agree/surfnet/professional sves to$49 05/19-204132 5 of 11 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 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 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 6 of 11 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. 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. 1 9-7 723/207 746 agree/surfnet/profession al svcs to$49 05/19-204132 7 of 11 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 Joe Mar Polygraph Services ATTN: Kristin Miller 415 W. Foothill Blvd., #12513 2000 Main Street Claremont, CA 91711 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 8 of 11 provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this - Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 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 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 9 of 11 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. 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 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 10 of 11 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. 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. 19-7723/207746 agree/surfnet/profession al sves to$49 05/19-204132 11 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Joe Mar Polygraph Services California By, �I� � Director/Chief (Pursuant To HBAIC§3.03.100) print name ITS: (circle one)Chairm restd`entl ice President APPROVED AS TO FORM: AND By:_,�' U 4 City Attorney t print name _ Date ITS: (circle one)lec retaryfChief Financial Clffice�ltlsst. Secretary—Treasurer RECEIVE AND FILE: COUNTERPART City Clerk Date 19-7723/207746 agree/surfnetiprofessional secs to$49 05/19-204132 12 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Joe Mar Polygraph Services California By: YWW4�-- 1 Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: AND By: City Attorney 0l/ print name D ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer RECEIVE AND FILE: COUNTERPART i•City Clerk Date N i 19-7723/207746 agree/surfnet/professional svcs to$49 05/19-204132 12 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort for the Huntington Beach Police Department to hire quality personnel that will serve the public, it is essential to properly screen candidates during the hiring process. The Police Department requires a careful and complete screening of all candidates for employment, which includes a polygraph evaluation for prospective employees. The City of Huntington Beach has proposed to enter into a contract with a licensed professional to administer and evaluate pre-employment polygraph examinations. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. The consultant will provide trained and appropriately licensed personnel to administer polygraph examinations. 2. The consultant will respond to requests from the Police Department to administer polygraph tests to police candidates. 3. The consultant will arrange for a date and time to meet with the candidate at the police department or a mutually agreed upon location to administer the polygraph test. 4. The consultant will explain the procedure to the candidate and the process for administering the test. 5. The consultant will provide a pre-screening questionnaire to the candidate to complete. 6. The consultant will administer the polygraph test to the candidate. 7. The consultant will record each question asked of the candidate in a written format and will record all results on a permanent media, such as a computer or paper readout. 8. The consultant will review the results of the polygraph and provide a written evaluation to the Police Department 9. The consultant will maintain all appropriate licenses as necessary. 10. The consultant will provide Worker's Compensation insurance of not less than that set forth by City contract provisions. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Pay consultant after an invoice is received from the consultant. 2. Review all reports submitted by the consultant. 3. Negotiate rates with consultant as necessary. 4. Provide overall review of the services. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be provided within the contract period on an as needed basis. 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: FY 19/20 —Year 1 FY 20/21 —Year 2 FY 21/22—Year 3 Pre-employment or $225 per test $250 per test $250 per test Specific Issue Polygraph Exam Late /"No Show" ** $100 per incident $100 per incident $100 per incident **Cancellation less than 24 hours 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. 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 Exhibit B within thirty(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOE MAR POLYGRAPH SERVICES FOR POLYGRAPH ADMINISTRATION AND EVALUATION 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 EXHIBIT"A" A. STATEMENT OF WORK: (Narrative ref work to be performed) In an effort for the Huntington Beach Police Department to hire quality personnel that will serve the public, it is essential.to properly screen candidates during the hiring process. The Police Department requires a careful and complete screening of all candidates for employment,which includes a polygraph evaluation for prospective employees. The City of Huntington Beach has proposed to enter into a contract with a licensed professional to administer and evaluate pre-employment polygraph examinations, B. CONSUIJANT'S DUTIES AND RESPONSIBILITIES: I. The consultant will provide trained and appropriately licensed personnel to administer polygraph examinations. 2. The consultant will respond to requests from the Police Department to administer polygraph tests to police candidates. 3, The consultant will arrange for a date and time to meet with the candidate at the police department or a mutually agreed upon location to administer the polygraph test. 4. The consultant will explain the procedure to the candidate and the process for administering the test. 5. The consultant will provide a pre-screening questionnaire to the candidate to complete. 6. The consultant will administer the polygraph test to the candidate. T The consultant will record each question asked of the candidate in a written format and will record all results on a permanent media,such as a computer or paper readout. 8. The consultant will review the results of the polygraph and provide a written evaluation to the Police Department 9. The consultant will maintain all appropriate licenses as necessary. 10, The consultant will provide Worker's Compensation insurance of not less than.that set forth by City contract provisions. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Pay consultant after an invoice is received from the consultant, 2. Review all reports submitted by the consultant. 3. Negotiate rates with consultant as necessary. 4. Provide overall review of the services. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be provided within the contract period on an as needed basis. 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: F-- FY 19/20-Year I Y 20/21 -Year 2 FY 21/22-Year 3 -Pic-employment or $225 per test $250 per test $250 per test Specific Issue Polygraph Exam ---- Late 11"No Show" 11010 per incident I.$. .l 0.0.per incident $19_Q_per incident j "Cancellation less than 24 hours B. Travel. Charges for time during travel are not reimbursable C. Bill' I All billing shall be done month] 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 requited 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; Q 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 I-) 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 Exhibit B within thirty(30)days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit"A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in,or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY .is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit lB PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOE MAR POLYGRAPH SERVICES FOR POLYGRAPH ADMINISTRATION AND EVALUATION Table of Contents IScope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation....................... ..................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance..............................................................................4 10 Certificate of Insurance............................................................................................5 I I 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.................................................................................II OP ID: DR ACORL�' CERTIFICATE OF LIABILITY INSURANCE D07r1rz01/2JYol9 o7s YM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER ONTA T Alliance Mgt.&Insurance Sery NAME: Michelle A Nowell 355 Via Vera Cruz#7 PHONELAIC,No,Ext]:760-471-7116 (A'c,NO: 760-471-9378 CA AgentlBroker Lie#0737966 E-MAIL - - San Marcos,CA 92078 ADDRESS:mnowellamiscorp.com Michelle A.Nowell PRODUCER MARPO-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED Joe Mar Polygraph& INSURER A:Acceptance Casualty Ins Comp 10349 Investigation Services Inc - 12939 Banyan Street INSURER B Rancho Cucamonga,CA 91739 INSURER c INSURER D: INSURER E: INSURER F: I 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. INSR ADDL 0BR --__- POL(CY EFF P11 OLICY EXP LTR TYPE OF INSURANCE POLICY NUMBERtMM/DD/YYYYI (MMIDD/YYYYi. LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CP00960208 01/09/2019 01/09/2020 -PREMISES EaEoccurrrrence $ 100,00' CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,00 X Errors&omission PERSONAL 8 ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ _ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS COMP/OP AGG $ 1,000,00 X POLICY P LOC _ $_._ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) '$ {ALL OWNED AUTOS BODILY INJURY(Per person) $ ! � _ _ SCHEDULED AUTOS . BODILY INJURY(Par accident)[$ PROPERTY DAMAGE HIRED AUTOS (PER ACCIDENT) -$ NON-OWNED AUTOS I'll,$,...._ $ UMBRELLA LIAB OCCUR 1 EACH OCCURRENCE $ EXCESS LIAR -MADE CLAIMS ' AGGREGATE $ DEDUCTIBLE ,..... ._ .$.. RETENTION $ $ WORKERS COMPENSATION _ AT AND EMPLOYERS'LIABILITY OTH- WC We OMITS- U- ',,ER _ ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ N I A', E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If Yes,describe under $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) ,Huntington Beach Police Department,their officers,officials agents and emp oyees renamed as additional insured with respect to the work performed VED AS 7 FORM by the named insured with 30 Day Notice of Cancellation. Ap kmiller@hbpd.org Invest ation,CA-- CERTIFICATE HOLDER GANCELLATIO c CITY ATTORNEY SHOULD ANY OCTIVOPQW99USIM OWNS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach Police Dept ACCORDANCE WITH THE POLICY PROVISIONS. Admin Svc Div Mgr Kristin Miller AUTHORIZED REPRESENTATIVE 2000 Main St -'(n��,,kw O� Huntin ton Beach CA 92648 1 1 xX.J ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CP00960208 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person s Or Or anization s Automatic Status Included Where Required by Written Contract. All Where Required by Written Contract. Huntington Beach Police Department,their officers, officials,agents and employees "It is agreed, as respects the Policy, thirty (30) days notice of cancellation, except as respects non- payment of premium,for which ten(10)days notice will apply,or other regulatory requirements that may apply,will be given as respects the indicated certificate holder." Information I be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organ- ization(s) shown in the Schedule, but only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ISO Properties, Inc.,2004 Page 1 of 1 ❑