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Beard Investigative Services, Inc. - 2020-12-04
,•w GT 2000 Main Street, • Huntington Beach,CA 92648 City of Huntington Beach APPROVED 7-0 LCFCOUr �yo File #: 23-498 MEETING DATE: 8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Capt. Ryan Reilly and Ingrid Ono, Executive Assistant Subject: Approve and authorize the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024 Statement of Issue: This request addresses background investigations on potential candidates for employment. Due to our department's current increase in recruitment and hiring, the original agreements with our background service providers have exceeded the original contracted amounts. In order to continue timely processing of our candidates, some of which are currently under way, the City Council is requested to increase our total compensation and extend the term for these services through June 30, 2024. Financial Impact: The requested amendments will increase total compensation by $75,000 per contract, for a new contract amount not to exceed $206,000 with Norman A. Traub & Associates and a new contract amount not to exceed $158,000 with Beard Investigative Services. The Fiscal Year 2023/24 budget includes sufficient funding in account#10070710 for these services. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services" (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services" (Attachment 2). Alternative Action(s): J .4'� J'(Q City of Huntington Beach Page 1 of 2 Printed on 7/26/2023 powered by LegistarTM File #: 23-498 MEETING DATE: 8/1/2023 Do not approve one or more amendments, and direct staff accordingly. Analysis: The department currently uses Norman A. Traub & Associates, LLC, and Beard Investigative Services to handle the employee background checks necessary for the Huntington Beach Police Department's (HBPD) hiring process. Maintaining both on-call contractors is imperative in the event one does not have the capacity at the time to handle the volume of candidates. The department is anticipating an increase in background processing in the following year as a result of more robust recruiting efforts. Both companies are effective in conducting backgrounds and ensuring the HBPD is hiring only qualified applicants. The requested amendments will extend the contract term and not-to- exceed amounts for both companies through the end of FY 2023/24. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services 2. Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services City of Huntington Beach Page 2 of 2 Printed on 7/26/2023 powered by Leg star" AMENDMENT NO. 2 TO AGREEMENT 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 INVESTIGATION SERVICES, LLC, hereinafter referred to as "CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement, dated December 4, 2020, 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 increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B. City further agrees to pay Consultant an additional sum not to exceed Seventy Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of Eighty Three Thousand($83,000.00), for a new contract amount not to exceed One Hundred Fifty Eight Thousand Dollars ($158,000.00). 23-12963/312005 1 2. TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 1 , 2023. BEARD INVESTIGATIVE SERVICES, CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of California By: „,4‹� A✓: GA' olm'Y I✓. 4s 4 Mayor print name ITS: (circle one)Chairman/PresidentNice President City Clerk AND INITIATED AND APPROVED: By: ,t//' print name Chief of Police ITS: (circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer REVIEWED AND APPROVED: COUNTERPART City Manager APPROVED AS TO FORM: City Attorney 013 23-12963/312005 2 2. TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 1 , 2023. BEARD INVESTIGATIVE SERVICES, CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of California By: Ma r print name 41) ITS: (circle one)Chairman/PresidentNice President tt City Clerk F/�"'!�`�Z AND INITI AN APP OVE By: print name Chief of Police ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer ' . .ED A APPRO ED: COUNTERPART Cit ager APPROVE ORM: w � City Attorney 23-12963/312005 2 ✓c 4k, BEARINV-01 MMELTON ACORo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 023 DD/YYYY) 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 pollcy(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: Paynewest Insurance-TAG jnlc0°,Nr ,Exl):(866)276-3775 I(A/C,No):(866)216-5018 14900 SW Barrows Rd,Ste 202 E-MAIL Beaverton,OR 97007 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER a:United Financial Casualty Company 11770 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. INSR TYPE OF INSURANCE AODL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD wvo __. IMMIDDIYYYYI IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR RBS0194089 1/6/2023 1/6/2024 DAMAGETORENTED 100,000 X X PREMISES fEa occurrece) $ MED EXP(Any one person) $ 6'000 PERSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER-. GENERAL AGGREGATE $ 2,000,000 X POLICY JECT T LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S B AUTOMOBILE LIABILITY (Ea eccldeDt SINGLE LIMIT $ 1,000,000 ANY AUTO X X 06603320.5 3/7/2023 3/7/2024 BODILY INJURY(Per person) S OWNED X SCHEDULED BODILY INJURY(Per accident) S AUTOSE�ONLY AUpTNOpSWN p R� p X AUTOS ONLY X AUTOS ONLY (Perr acEciidenl)AMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE $__ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEg NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER In NH)EXCLUDED? E.L.DISE_ASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S A ;Errors&Omissions X RBS0194089 1/612023 1/6/2024 each claim 1,000,000 A Errors&Omissions X RBS0194089 1/6/2023 1/6/2024 aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Huntington Beach,it's Officers,employees,agents,volunteers and representatives are additional insureds per GLS578 Additional Insured on Auto Liability per form 1198(01/04)Attached.Waiver of subrogation attached. Coverage is Primary and Non Contributory. AS TO FORM By: MIC E. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINVON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach 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 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ? ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. FORMING A PART OF (1 A.M.STANDARD TIME) POLICY NUMBER RBS-0194089 01/06/2023 BEARD INVESTIGATIVE SERVICES LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRIMARY AND NON-CONTRIBUTORY PROVISION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART With respect to this endorsement, SECTION II—WHO IS AN INSURED is amended to include as an addi- tional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract,written agreement or written permit,which must be: 1. Currently in effect or becoming effective during the term of the policy;and 2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages." The insurance provided to these additional insureds is limited as follows: 1. That person or organization is an additional insured only with respect to liability for"bodily injury," "property damage,""personal and advertising injury"or"damages"caused, in whole or in part, by: a. Your acts, omissions or"error or omission"; or b. The acts, omissions or"error or omission"of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to SECTION I—COVERAGES,COVERAGE A—BODILY INJURY AND PROPERTY DAM- AGE LIABILITY, Paragraph 2. Exclusions, SECTION I—COVERAGES, COVERAGE B—PER- SONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions of the Commercial General Liability Coverage Part and SECTION I—COVERAGE, Paragraph 2. Exclusions of the Errors And Omissions Coverage Part: a. This insurance does not apply to "bodily injury,""property damage,""personal and advertising injury"or"damages"occurring after: (1) 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 location of the covered operations has been completed; or Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,2004 rj Nationwide" GLS-661-TAG(04-22) Page 1 of 2 (2) 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. b. Coverage is not provided for "bodily injury," "property damage," "personal and advertising in- jury"or"damages"arising out of the sole negligence of the additional insured. c. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" or "damages" arising out of an architect's, engi- neer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;and (2) Supervisory, inspection, architectural or engineering activities. 3. The limits of insurance applicable to the additional insured are those specified in the written con- tract, written agreement or written permit or in the Declarations for this policy, whichever is less. These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy. 4. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary,excess,contingent or on any other basis unless a written contract specifically requires that this insurance be primary, except as provided in Para- graph 6. below. 5. When this insurance is excess, we will have no duty under SECTION I—COVERAGES, COVER- AGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, SECTION I—COVERAGES, COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY of the Commercial Gen- eral Liability Coverage Part and SECTION I—COVERAGE,of the Errors and Omissions Coverage Part to defend the additional insured against any"suit"if any other insurer has a duty to defend the additional insured against that"suit." If no other insurer defends,we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. 6. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insurance of the Commercial General Liability Coverage Part and SECTION IV—COVERAGE PART CONDI- TIONS, Subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insur- ance of the Errors And Omissions Coverage Part: If you have agreed in a written contract, written agreement or written permit and executed such contract, agreement or permit prior to the time of an "occurrence"or"error or omission"giving rise to a claim/"claim"or"suit"that this policy will be primary or primary and non-contributory 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 afforded on a primary or primary and non-contributory basis and we will not seek contribution from any other such insurance. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,2004 Nationwide` GLS-661-TAG(04-22) Page 2 of 2 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (1OR A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER RBS-0194089 1/6/2023 Beard Investigative Services LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED AND WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST-OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. With respect to this endorsement, SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages." B. The insurance provided to these additional insureds is limited as follows: • 1. That person or organization is an additional insured only with respect to liability for"bodily injury," "property damage,""personal and advertising injury" or"damages" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions.are added to SECTION I—COVERAGES, paragraph 2. Exclusions: This insurance does not apply to "bodily injury," "property damage," "personal and advertising in- jury" or"damages" 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 location 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. 3. The limits of insurance applicable to the additional insured are those specified in the written con- tract,written agreement or written permit or in the Declarations for this policy, whichever is less. Includes copyrighted material of ISO Properties, Inc.,with its permission. - Copyright, ISO Properties, Inc., 2004 Nationwide GLS-578-TAG(05-21) Page 1 of 2 These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy. 4. Coverage is not provided for"bodily injury,""property damage,""personal and advertising injury" or "damages" arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property dam- age," "personal and advertising injury" or "damages" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires-that this insurance be primary. When this insurance is excess, we will have no duty under SECTION I—COVERAGES to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. C. With respect to the insurance afforded to these additional insureds, the following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Condition of the Commercial General Liability Coverage Form and Errors And Omissions Coverage Form: We waive any right of recovery we may have against an additional insured because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery. Such waiver by us applies only to the extent that the insured has waived its right of recovery against an additional insured prior to loss, but only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or"damages" caused, in whole or in part, by: 1. Your acts or omissions;.or 2. The acts or omissions of those acting-on your behalf; in the performance of your ongoing operations. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc., 2004 rfri Nationwide' GLS-578-TAG(05-21) Page 2 of 2 • City 00 ° ;�on7o.ya',";. t of . '- .untington Beach ' Y � 4 2000 Main Street ♦ Huntington Beach, CA 92648 -_ -- , (714) 536-5227 • www.huntingtonbeachca.gov vcF .• "`u'9s9 .....%p/s Office of the City Clerk �c��NTY0• /6 Robin Estanislau, City Clerk August 9, 2023 Beard Investigative Services, Inc. Attn: Greg Beard P.O. Box 60154 Irvine, CA 92602 Dear Mr. Beard: Enclosed is a fully executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services for Background Services, approved by City Council on August 1, 2023. Sincerely, 4irifft, se6"/-ellUtattu) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES,INC. 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 INVESTIGATION SERVICES,INC,a Sole Proprietorship, hereinafter referred to as"CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement,dated December 4,2020,entitled"Professional Services Contract Between the City of Huntington Beach and Beard Investigative Services,Inc"which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement,City agrees to pay Consultant at the rates specified in Exhibit B. City further agrees to pay Consultant an additional sum not to exceed Forty One Thousand Five Dollars($41,500.00). The additional sum shall be added to the original sum of Forty One Thousand Five Hundred Dollars($41,500.00),for a new contract amount not to exceed Eighty Three Thousand Dollars($83,000.00). 22-11202MO849 1 2, REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 2022. BEARD INVESTIGATIVE SERVICES, CITY OF HUNTINGTON BEACH, a INC. municipal corporatio the State of California By: Gregory W. Beard 67 print name Chief of Police ITS: (circle one)Chairman/President/Vice President AND APPRO ED AS TO FORM: By; Gre ory W.Beard ` print name ,City Attorney A/ ITS: (circle one)Secretary/Chief Financial RECEIVE AND FILE: Officer/Asst. Secretary-Treasurer o w City Clerk �/S OZ2 22-11202/280849 2 V - /� BEARINV-01 TCH ' N '`�+ Rom• CERTIFICATE OF LIABILITY INSURANCE DATE 12130120211 1 YI 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 pollcy(les)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 endorsements, PRODUCER 92WCT PayneWest Insurance-TAG PHONE Fax 14900 SW Barrows Rd,Ste 202 A/C,No,Eat):(866)276-3775 aC No:(866 215.5018 Beaverton,OR 97007 INSURERS AFFORDING COVERAGE NAICB INSURER A:Scottsdale Insurance Com any__ 41297 INSURED INSURER B:United Financial Casualty Company 11770 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. _ ILSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCiAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE F—X]OCCUR X X RBS0116670 11612022 1/612023 DAMAGE TO RENTED OC e S 100,000 MED EXP An on_person 6,000 PERSONAL 6 ADV INJURY 1,000,000 GEN'L AGGREGATE LIMoIT-APPLIES PER: ENERAL AGGREGATE 2,000,000 X POLICY JEL' LOC PRODUCTS_COMP/OPAGG 2,000,000 OTHER: S B AUTOMOBILELIAUIUTY COMBINED SINGLE LIMIT S 1,000,000 ANYAUTO X X 06603320.3 31712021 3IT12022 BODILY INJURY Perperson) S _ OWNED SCH FULEO AUTOS ONLY FX ALTOpSW�.� p BOODILYINJURY Per accident X A� SONLY AU7NOSO Y PoracEGRdent AMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESSLIAB CLAIMS-MADE AGGREGATE DIED RETENTIONS WORKERS COMPENSATION PER OTH• AND EMPLOYERS'LIABILITY Y I NSTATUTE ANY PRROPRIIETgOERRIPARTNER!EXECUTIVE ❑ E.L.EACH ACCIDENT S ?4Andnlory In NH} CiUDED9 N I A E.L.DISEASE-EAEMPL YE $ If Yea,descAbe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $ A Errors&Omissions X RBS0115670 116/2022 1/6/2023 each claim 1,000,000 A Errors&Omissions X RBS0115670 1/612022 116/2023 aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) City of Huntington Beach,It's Officers,employees,agents,volunteers and representatives are additional Insureds per attached form GLS487 Additional Insured on Auto Liability per form 1198(OVO4)Attached.Waiver of subrogatlon attached. Coverage is Primary and Non Contributory per GLS487. APPROVED AS TO FORM By. RWI"L E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 26(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES, INC. 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, Inc., a Sole Proprietorship 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. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20.9067/239575agree/surfnet/professional svcsto$49 05/19-204132 1 of 12 3. TERM,TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on I , 20•Z0 (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 Forty One Thousand Five Hundred Dollars($41,500). 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 "B." 20-9067/239575agredsurfnet/professional sves to$49 05/19-204132 2 of 12 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: 20-9067/239575agree/surfnet/professional svcs to$49 05/19-204132 3 of 12 "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 20-9067239575agree/surfnet/professional svcs to$49 05/19-204132 4 of 12 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; 20-9067/239575agree/surfnet/professionalsvesto$49 05/19-204132 5 of 12 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 20-9067/239575agree/surfnet/professionalsvcs to$49 05/19-204132 6 of 12 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. 20-9067/239575agree/surfnet/professionalsvcs to$49 05/19-204132 7 of 12 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, Inc. ATTN: Kristin Miller ATTN: Greg Beard 2000 Main Street P.O. Box 60154 Huntington Beach, CA 92647 Irvine, CA 92602 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 20-9067/239575agree/surfnet/professional Svcs to$49 05/19-204132 8 of 12 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 20-9067/239575agree/surfnet/professional sues to$49 05/19-204132 9 of 12 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 20-9067/239575agree/surfnet/professionalsvosto$49 05/19-204132 10 of 12 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. 20A067n39575agree/surfnet/professionat Svcs to$49 05/19-204132 11 of 12 fN 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 Beard Investigative Services, Inc. California i- BEY By: 114 lK7 oo"-? C>w Cf PaIC'L DirectrCh�ief ,�E,�,Pp (Pursuant To HBMC§3.03.100) print nammee ITS: (circle one)Chairmff4esiden>ce President APPROVED AS TO FORM: AND By. ^/XfI City Atttlo ey OU/ print name Date ///2 7 1 Z a ITS: (circle one)Sccrctary/Chief Financial Officer/Asst. Secretary-Treasurer RECEIVE AND FILE: 4W�� `& City Clerk Date 1a1dg1& ICJ 20-9067/239575agree/surfneVprofessional svcs to S49 05/19-204132 12 of 12 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 an exhaustive background investigation. The Contractor will complete assigned fieldwork, as described below, for the background investigations of Police Department applicants. Contractor will work closely and report directly to the Personnel Officer. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1) Contact applicant's previous employer(s) to review personnel file and interview prior supervisors and co-workers 2) Conduct neighborhood check(s) at applicant's current and previous residences(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) Ability to utilize background investigation software eSOPH for completion of investigations 7) 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) C. CITY'S DUTIES AND RESPONSIBILITIES: 1) The Personnel Officer will provide oversight of the background investigation, including assigning field work to individual contractor. 2) The Personnel Officer will provide training as to proper format for interviews and reports. 3) The Personnel Officer will determine the appropriate due date for information and reports. 4) The Personnel Officer will review all invoices received from the contractor, determine approval and submit for payment. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. These ongoing services will not have any costs that will be assessed beyond the contract period. EXHIBIT"B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Full Time Sworn,Dispatcher,Civilian Public Safety Employees Flat Rate: $1600 Hourly Rate: $75.00 Polygraph: $225 - Specific Issue Polygraph: $95 Part-time/Volunteer/Intern Public Safety Employees Flat Rate: $1500 Hourly Rate: $75.00 Polygraph: $225 Specific Issue Polygraph: $95 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. hi 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; 13) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT' 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. Surfnet Exhibit B hourly 1 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. Surfnet Exhibit B hourly 2 Advanced Polygraph and Background Services — 714-865-1769 Beard Investigations Services — 949-385-3723 Hall Investigations — 951-852-4567 Lotus USA — 213-298-7100 North American Security and Investigations, Inc — 323-634-1911 Norman A Traub Associates, LLC — 714-693-3428 Oracle Investigations Group, Inc — 800-519-1540 BEARINV-01 TCHAMPLIN ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `•� 9/16/2020 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 Cd1ME:NTACT PayneWest Insurance-TAG PHONE FAX 14900 SW Barrows Rd,Ste 202 (A/C,Na Eat);(866)276-3775 (AIC,No):(866)215-5018 Beaverton,OR 97007 ItIDA4L WSURERISI AFF090ING COVERAGE NAIC N _ INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER •United Financial Casualty Company 11770 Beard Investigative Services LLC INSURERC: PO BOX 60154 INSURERD: 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 NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. IN POLICYTYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMn-S . A X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR X X RBS0030739 116/2020 1/6/2021 PRAMAGE OR%Q,DI 100,000 MED EXP(Any one 5,000 PE v INJURY & 1,000,000 GEN'L AGGREGATE LIMIT�APPLIES PER: GENERAL AGGREGATE y 2,000,000 X LOC PRODUCTS S 2,000,000 POLICY n JEfCT OTHER S B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT it) $ 1,000,000 ANY AUTO X X 06603320-2 3/7/2020 317/2021 BODILY INJURY Perperson) $ OWNED XSCHOLED AUTOS ONLY ALIT U BODILY INJURY Per accident S OapcE AAO ONLY ANOOp 'c& $X S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DIED RETENTIONS WORKERS COMPENSATION PEARTUTIE OTH- AND EMPLOYERS'LWBILITY Y I N ER ANY PROPRIE TORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT indaryREMnNH)EXCLUDED? E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Errors&Omissions X RBS0030739 11612020 116/2021 each claim 1,000,000 A Errors&Omissions X RBS0030739 11612020 1/6/2021 ,aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Huntington Beach,it's Officers,employees,agents,volunteers and representatives are additional Insureds per attached form GLS487 Additional Insured on Auto Liability per form 1198(OVO4)Attached.Waiver of subrogation attached. Coverage is Primary and Non Contributory per GLS487. APPROVED AS TO t=ORV� BY: MICWAEL E.E.G r-1 QTY ATTORNEY CERTIFICATE HOLDER CANCELLATION rM OF MUNTIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN tY 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach,CA 92W AUTHORIZEDREPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD