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HomeMy WebLinkAboutNorman A. Traub & Associates, LLC. - 2020-11-14 2000 Main Street, �NiiNGTp� Huntington Beach,CA A Off( �,OwOflOtFR � 9 # 92648 City of Huntington Beach APPROVED —o cower(ta,. ' 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). xitv „/(.0� Alternative Action(s): City of Huntington Beach Page 1 of 2 Printed on 7/26/2023 powered by Legistar'" 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 4- 2. Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services 4 zwir City of Huntington Beach Page 2 of 2 Printed on 7/26/2023 powered by LegistarT"" AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB &ASSOCIATES LLC FOR BACKGROUND 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 NORMAN A. TRAUB &ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 14, 2020, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Norman A. Traub &Associates, LLC for Background Services" 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 an additional sum not to exceed Seventy Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of One Hundred Thirty One Thousand Dollars ($131,000.00), for a new contract amount not to exceed Two Hundred Six Thousand Dollars ($206,000.00). 23-12962/312007 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. NORMAN A. TRAUB &ASSOCIATES CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of California By:T. grzoc 4 \Jc Mayor print name ITS: (circle one)Chairman/Pisiden` ice President INITIATED AND APPROVED: AND By: / Chief of Police print name ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst.Secretary-Treasurer REVIEWED A D A"ROVED City Attorney tat 11 . RECEIVE AND FILE: City Manager 'ugl City Clerk COUNTERPART Date 23-12962/312007 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. NORMAN A. TRAUB & ASSOCIATES CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of California By: I 4'1 ,,,44..D Mayor print name ITS: (circle one)Chairman/PresidentNice President INITIATED AND A OV . AND By: Chief of Police print name ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer '1.VIEWED • 6 APPROVED • Attorney \IIII . RECEIVE AND FILE: City Manage _—, #411, 9.4q4lizsafeAd COUNTERPART City Clerk Date 8/q1Z3 23-12962/312007 2 ��� TRAUB-2 OP I :M r N ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 1`,, 04/18/2023 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 760-471-7116 CONTACT Michelle A Nowell Alliance Mgt.&Insurance Sery FHONE 760-471 7116 I FAX 760 471-9376 355 Via Vera Cruz#7 IAIo No,Ext>: (A/C,No): CA AgentlBroker Lic#0737966 A laidss,mnowell@ainiscorp.com San Marcos,CA 92078 Michelle A.Nowell ____ INSURER(S)AFFORDING COVEBAG NAIC B INSURER A:Peleus Insurance Company 34118 INSURED INSURER B: Norman A Traub& Associates LLC INSURER C: Brock Avery INSURERD: 2625 Townsgate Rd#330 Westlake Village,CA 91361 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 ADDL SUBRI POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN5D_V= (MM/DDIYYYYI IMM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMs•MADE X OCCUR X PKV0000417 04/07/2023 04/07/2024 PDRA MISES EsEeca renre). $ 100,000 X Errors&Omission MED EXP(Any one Person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE j_ 12 4,000,000 X POLICY l LOC PRODUCTS-COMP/OP AGG $ 1.000_000 OTHER: ,. COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) __...._.__...: $ ANY AUTO _ PKV0000417 04/07/2023 04/07/2024 BODILY INJURY(Per person) S OWNED AUTOS ONLY r AUSCTOS R py� BODILY INJURYpD (Per accident)E X AUTOS ONLY X AUTOS ONLY (Peer aoadent)AMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE _$ 1,000,000 X EXCESS LIAB CLAIMS-MADE UMV0000558 04/07/2023 04/07/2024 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION 1 PE'ERTIIT L ORTH- AND EMPLOYERS'LIABILITY YIN — ANYen PROPR1ETOR/PARTNER/EXECUTWE N/A E.L.EACH ACCIDENT $� (Md tory In NHS EXCLUDED? E.L.DISEASE-BA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ A Professional Llab PKV0000417 04/07/2023 04/07/2024 Prof Llab 1,000,000 A Cyber PKV0000417 04/0712023 04/07/2024 Cyber 300,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more apace Is required) City of Huntington Beach, Human Resources Department is named as an additional insured with respect to the work performed by the named insured. APP 0 FORM Investigation,CA-- Bl� MICHAEL E. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach PD Lt Bo Svendsbo 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 9264811\NOtassz0 66 , Q(J(J• ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD eftt/,,�� TIN6T� City of Huntington Beach , = _ A 2000 Main Street ♦ Huntington Beach, CA 92648 • _ 1 - (714) 536-5227 • www.huntingtonbeachca.gov a 2 '..,ffer,�.<, ti":2/( �0 ®`F6;�U' '.p...- \\ `• Office of the City Clerk NT� ',0 Robin Estanislau, City Clerk August 9, 2023 Norman A. Traub &Associates Attn: Brock Avery 2625 Townsgate Road #330 Westlake Village, CA 91361 Dear Mr. Avery: Enclosed is a fully executed copy of Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub &Associates LLC for Background Services, approved by City Council on August 1, 2023. Sincerely, edSiet/Z Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan "� G 2000 Main Street, �u, r &4„ 4 HP9 ro . Huntington Beach,CA OTC ka t�E. City of Huntington Beach tipPJ�ov'ED 1� Cjjj.Y�p�rr, File #: 22-900 MEETING DATE: 11/1/2022 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: Ingrid Ono, Administrative Assistant Subject: Approve and authorize execution of Amendment No. 2 to add additional compensation to the Agreement between Norman A. Traub & Associates, LLC and the City of Huntington Beach for background services for the Huntington Beach Police Department (HBPD) Statement of Issue: City Council approval is requested to pay Norman A. Traub & Associates LLC, an additional sum not to exceed fifty thousand dollars ($50,000.00) to perform background services/investigations for hiring personnel for the HBPD. Financial Impact: This Amendment No. 2 in the amount of$50,000 shall be added to the original contract sum of $81,000, for a new contract amount not to exceed $131,000. There is sufficient funding to cover this expense within the current Police Department budget. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and Norman A. Traub & Associates LLC for Background Services" to provide additional funding for the background services required to hire qualified candidates for the HBPD. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In November of 2020 the City entered into a three year agreement not to exceed $50,000 with Norman A. Traub & Associates LLC, for consulting services including background/investigative City of Huntington Beach Page 1 of 2 Printed on 10/28/2022 powerel194 Legistar'" File #: 22-900 MEETING DATE: 11/1/2022 services. Due to the need for these services, Amendment No. 1 provided additional funding in the amount of$31,000. Amendment No. 2 is proposed for an additional $50,000 for a contract amount not to exceed $131,000. Hiring and retention of personnel has become increasingly challenging for law enforcement agencies nationwide. In order to keep pace with attrition and the demands of police work, additional background services are needed to process essential personnel into our workforce. We have experienced success in past years in utilizing contractor Norman A. Traub & Associates and wish to amend their current contract to provide additional services through the current contract period, ending November 2023. Environmental Status: Not applicable. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Professional Services Contract 2. Amendment No. 1 3. Amendment No. 2 4. Certificate of Insurance 5. Professional Service Approval Form-Amendment No. 2 City of Huntington Beach Page 2 of 2 Printed on 10/28/2022 powereai,LegistarTM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB &ASSOCIATES LLC FOR BACKGROUND 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 Norman A. Traub & Associates, LLC, a Limited Liability Corporation hereinafter referred to as"CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide background 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 Brock Avery 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. 20-9068/238527 1 of 12 200 3. TERM; TIME OF PERFORMANCE Time is of the essenceof this Agreement. The services of CONSULTANT are to commence on iVOVE.M0e12 A/ , 2020 (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 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 Thirty One Thousand Dollars($31,000). 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." 20-9068/238527 2 of 12 201 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: 20-9068/238527 3 of 12 202 "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 20-9068/238527 4 of 12 203 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; 20-9068/238527 5 of 12 204 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 20-9068/238527 6 of 12 205 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. 20-9068t238527 7 of 12 206 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 Norman A. Traub&Associates, ATTN: Kristin Miller Attn: Brock Avery 2000 Main Street 2625 Townsgate Road,#330 Huntington Beach, CA 92648 Westlake Village, CA 91361 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 20-9068/ 8 of 11 207 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 20-9068/238527 9 of 12 208 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 arrn's length negotiation,and that each has had the opportunity 20-9068/238527 10 of 12 209 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. 20-9068/238527 11 of 12 210 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of • NORMAN A. TRAUB&ASSOCIATES,LLC California • By: T -4,10 d Directo rAMP (Pursuant To HBM - 3.03.100) print name ITS: (circle one)Chairma r'resider) ice President APPROVED AS TO FORM: AND B '•.' . y� City AttoL/1 ey (f print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE 6?"/A0L, q-444/744A4) City Clerk Date /2,4/1/zozo 20-9068n38527 12 of 12 211 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 residence(s) to interview neighbors. 3. Contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 4. Contact family,personal references and secondary references. 5. Prepare written reports for each contract 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. CITYS 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 A 212 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: $100 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 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 1 Exhibit B 213 into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 214 EXHIBIT "B" Payment Schedule(Fixed Fee Payment) l. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested,and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 215 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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...........,............ 11 216 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 • 217 OP ID:DR ''°` '' CERTIFICATE OF LIABILITY INSURANCE °M`"'""°b/'""'' 08/17rx020 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 NY 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. 1 !{{ IMPORTANT: if the certificate holder Is en ADDiTIONAt.INSURED,the pork: es)must be endorsed If SUBROGATION IS WAIVED,subject to 1 t i the terms and conditions of the policy,certain policies may require en endorsement.A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(*). PAlliance Mgt.S Isunrnce 9arvUCER T 4 '' Michelle A Nowell 3 i Via Wire Crun IR -,,.760471�T1'16 IA IMN 760.4714378 CA AsentBroker LlGE 0737980 San memos,CA6207a A mnoweUeamiaoorp.cam 1 Michelle A.Nowell c �n ' �' ; c :roN��rrTRAU8.2 • IN$URER(a)APPORDINGCOVERAGE N/IICa INSURED Nonnen A Traub& -.__ ',- INSURERSrAcceptance Casual,Ins Comp 10349 Associates LLC • Brock Avery INSCRIBE 3226 Grande Vista Drive ,INSUISAC s ; Newbury Park,CA 91320 MtauRERDt„ INSURERS t INSURER s• 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, NO1WITHETANDINO ANY REQUIREMENT;TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN E.SUBJECT TO AU.THE TERMS, j EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BBYY-PAIID.CLAIMS. ; L"}R TYPI Or I SURANCEfirgle, pU DY NUMBER _'NIhVOQP�/YYYi �t1MMD/YY LOUTS - eaNess U*ItU1Y EACH OCCURRENCE 5 1,000,00C A X COMMERCIALcENERALiIABILITY X; CP00982819 04107/2020 04107/2021 p.xurnnc.I $ 100,000 . j -X Errors MS.MAOe ®OCCUR MEo aXP(Any W)t parson) $ 6,000 I Omission PERSONALS ADV NVJURY $ _ 1,000,D00 GENERAL AGGREGATE $ _ 6,000.00t1 ezmn CREQATEWMUnAPPLIESPER PRODUCTS-COMP/OP AGO IS . 1.000.000' h(.POLICY1-1 Wr f LOC ?; e AUTOMOea.E"UAelUTY COMBINED SINGLEUMIT s 1,000,000 iEn accident) A ANY AUTO CP00962819 0710212020 :04(0712021 • BODILY"WRY s+orp■nonl $ ALL OWNED AUTOS mecum AUTOS 90LNLYawURY(Pweoddari) $ i PROPERTY DAMAGE X'WREDAUTOS (PERACCIOENT) e X NCN.OWNEDAUTOS • a i { 'U*DRELLA IAD OCCUR Er .. .. - I—maw WO AGGRECH GATE CURPENCE 5 i CLUMaE i _,DEDUCTIBLE 0 'REIEImON $ -. mums AND ANY �DY�Tas LIABILITY , I;?�al l 1 "- OFPt EIMeO'RI E C E YO NIA • EL,EACH ACCIDENT . $ I((CMsIgy NU) EL DISEASE-EA EMPLOYEE $ DE DRiI'TION WOF OPERATIONS below E.L.DISEASE.POLICY LIMIT B A PrOsmional LIab CP00942519 04/07/2020'0 4 10 712 0 21 Prof ttab 1,000,000 A Cyber CP00982819 0410712020 0410712021 Cyber m FoRM 300,000 u ArPROVE.D h.— 5 • �NrYN OFCRIO$1L ATISEVReM■ A 11 nu nRare sfatudb,IIaptesl gWd)aru geureswanrespectto he wont pa rrmeoya name*Insured.e pd.org 5Y1investigation,CA K. L E'ATTORNEY CERTIFICATE HOLDER CANCELLATION �ATTORNEY - CP'1 QF Mi)(+lRNG4TCri`d tstr.ACit SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach PD ACCORDANCE WITH THE POLICY PROVISIONS. Bernard Atkins 2000 Mein Street AU/HORDED REPRISE/RANEE /1 Huntington Beach,CA 92048 �I 1'�1J�; ,au t,,lowo l I M 1990.2009 ACORD CORPORATION, All rights reserved. ACORD 26(2009/09} The ACORD name and logo are registered marks or ACORD 218 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB & ASSOCIATES LLC FOR BACKGROUND 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 NORMAN A. TRAUB & ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 14, 2020, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Norman A. Traub & Associates, LLC for Background Services" 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 an additional sum not to exceed Fifty Thousand Dollars ($50,000.00). The additional sum shall be added to the original sum of Thirty One Thousand Dollars ($31,000.00), for a new contract amount not to exceed Eighty One Thousand Dollars ($81,000.00). 21-9995/262590 1 219 2, REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in Ball force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,2021. NORMAN A. TRAUB & ASSOCIATES CITY OF HUNTINGTON BEACH, a l.I£ municipal corporation of the State of California T Brack Avery- nee ,at Manages . ant MUM Chic of Poiic ITS: {crag,nano ChairmarePresidentiVice President AND APPROVED AS TO FORM: By: ( Lkt * C.,): _ . .._ .. _ grit name ITS:(c rd one)Secret ryl ttief Firs iat Ci Attorney OfficerfAsstTreaStatt RECEIVE AND FILE: 6::14ea 0/1.„ City Clerk Date r- ,S, .2 I 21-9995,762590 2 220 �,, -•*"rs OP ID:MN lt CSONDONY'fr .,....� CERTIFICATE OF LIABILITY INSURANCE 07/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. DAPORTANT It the certificate holder Is an ADDITIONAL INSURED,the policy(lee)mint b.a If SUBROGATION IS WAIVED,subjeet IG Pm terms and conditions of the policy,csrtaln polies may Fequirg an onsforsammAt A statement on this certificate does not confer rights to the certificate hohter In lieu of such endorsement(*), ancoucen chelle A €I Aillonco�->)<Irsst�artca Sear ,�!+AR° �Ax 36i1 Via Vera Crux 6Q 471.7116 gc+ro3 F0+17t 9178 CAAgent-Broker WO 0737666 einoweifeamiscorp.00m Bart Marcos,CA 9201Il .. MAtchelle A.Nowell era • „TRAUB-2 . CoSaniaNcliAfFOILIINCiCCUICRAGE e orauata Norman A Traub .. ....,,. A Peleus I Trance Cr`?it #anf�/ .q. �.,m,�0411$ w, Associates LLC .__ ._._.. rk Avery _... 19se, _ 2626 Townegate Rd$330 t axfl; Weastlake Village,CA 91361 I__mimes o *SWIM c e, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEIM HAVE BEEN ISSUED ED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO AtHICH THIS CEFRTiFICATE MAY BE ISSUED CIR MA'PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSS, EXCLLIS NS AND CONDITIONS SUCHPOLChES.LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. Karr",.A air F _. va Type adur me:a rhaa vro. met NotateJ tXl'Th t L:tets o@r anA&,t Ncs i 1,000,000 A X ou ;rzcsAtnewitAt..tArsarry X 'PKV0000417 04107#2021 04/07#2022mmt, s 3 100,000 000 c AAus.iYs4SE [J occL4R _sit0 er,4 'ar""r"!pnr I. _1-. � X Errors 3 Omission GOQ L X AIYN 313tt r s 1, {t CAL. A tsATE $ 5.000,000 i T CD$POPAGO'3 1.01X3 4C0' C`it.AtirteLdITE WAIT A# fL �' - Xt �..,.I 9� t _',, , A+T u Ms n'Y o&ROLE LET $ 1 COS.c as szoosr A 1 env Agra) PKV 17 tt+3107#2o2'I O�R€0'71'20't2 9Gtsa7 i!t#w7 r MN pe sa q $ I A6 L C AVMSaccbtom $ �,,I SCr3C3.3 en moos museirni X,otRff3 AUTOS __...__ : .M X i tir44.-.OVACIS A.4tOOI I i $ 3 lottLLAUAe ."Gc"r`R C " . 1Sikl $ EXCESS u a cLAss SNATaF Ac' T'� a I 3 _. i. ANS a $R76`L ist.tTY % ` ,.., __,. , Ass AATl ksFrt UT 'F# tL EACH CCEetr 3 CAl AAt 3iCi.:S49:). re'A .. v.....,,....._......_, , � tNdy�i�kEYtary tot NA- t ` EA_".a�#»�11'-E.A Eft a ._. - $. Oft RAT 1 _... S L r rASEE-COCCI(LiiAT 3 A Professional Liab I IPiRV0000417 I 07#2021£64/C7#2022 Prof Lieb 1,000,000 A Cy par KV0000417 04#07# 34r07#20 2 Cyber 300,000 ed is t3 i 0100i ,+ $i Velnctaes lnl'r n p %I, ,e tra an*aac. it maia�. ,i *d APPROVED AS TO FORM CityadOl DI or Huntington I wins 6respea to n eework percars former y the mimeo inamed pp sured. t7 Investigation,CA»- MICMAEL E.GATES CERTIFICATE HOLDER CANCELLATION C}7� Ct77>�T'TClRf11R'T HtnIirT2s+lr'1'nIssquto4 SHOULD ANY OF t rE ABOVE r SCREEEA POLICEIE BE CANCELLED BEFORE THE EXPERATIDN DATE THEREOF., NOTICE L. BE DELIVERED IN City of Huntington Beach f3 ACCORDANCE WITH THE POLICY PR IONS.. Lt BO Svendsbo 2000 Main Street AEI M1 s#Msl+ta Huntington Beach.CA 9264$ a Si1 •2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009 0) The ACORD name and logo are registered marks of ACORD 221 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB &ASSOCIATES LLC FOR BACKGROUND 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 NORMAN A. TRAUB &ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 14, 2020, as amended, entitled"Professional Services Contract Between the City of Huntington Beach and Norman A. Traub &Associates, LLC for Background Services"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 an additional sum not to exceed Fifty Thousand Dollars ($50,000.00). The additional sum shall be added to the original sum of Eight One Thousand Dollars ($81,000.00),for a new contract amount not to exceed One Hundred Thirty One Thousand Dollars ($131,000.00). 22-11642/288118 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 November 1 , 2022. NORMAN A. TRAUB & ASSOCIATES CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of n Iex le Calif-� is �� By: T ''`— 1 T. Brock Avery , Mayor print name ITS: (circle one)Chairman/President/Vice President INITIATED AND ROVED: AND ' By: Chief of Police print name ITS: (circle one)Secretary/Chief Financial APPROVED AS TO ORM: Officer/Asst. Secretary-Treasurer IEWED D A' 'ROVED ity ttorney .,CEIVE AND FILE: City Manager q4'/-444.1414.14) City Clerk Date /V:F/22 22-11642/288118 2 L,. ��..-+1 TRAUB-2 OP ID: Mte•X ACt..,7 R1C- DATE(MMIDDIYYYY) �,� CERTIFICATE OF LIABILITY INSURANCE 04/19/2022 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(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 endorsement(s). PRODUCER 760-471-7116 5vj€AcT Michelle A Nowell Alliance Mgt.&Insurance Sery PHONEa760 471-7116 I PAX 760-4T1-9378 366 Via Vera Cruz#7 J ,No,Est): lac,No): CA Agent/Broker LIc#0737986 mks.,mnowellcamiscorp.com San Marcos,CA 92078 Michelle A.Nowell INSURERIS)AFFORDING COVERAGE NAIC# INSURER A;Peleus Insurance Company 34118 INBUREo INSURER B: Norman A Traub& Associates LLC INSURER 0: Brock Avery INSURER D: 2626 Townsgate Rd#330 Westlake Village,CA 91361 INSURERS: 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 ADDL SUER POLICY EFF POLICY EXP I TR TYPE OF INSURANCE INsD WVD POLICY NUMBER (MMIDDIYYYY),(MMIDOIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X I OCCUR PKV0000417 04/07/2022 04/07/2023 DAMAGE TO RENTED 100,000 X MBFMIRFS(Fe accurrence) $ X Errors&Omission MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY j LOC PRODUCTS-COMP/OP AGG $ 1,000.000 OTHER: 1. A AUTOMOBILE LIABILITY lEa BBINEDntSINGLE LIMIT I_ 1,000,000 J3 —ANY AUTO _ PKV0000417 04/07/2022 04/07/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS�E� ONLY _ AUTOS yyyy EEpp ppBODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY IPer accl enlRAMAGE $ II $ UMBRELLA LIAR OCCUR APPROVED AS TO FORM EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE \ AGGREGATE $ CED RETENTION$ Bytrr $ WOoRKERS COMP t&AEI;ON MI AEL E.GATES PER ER H AIlD EMPLOYERS'LIABI�ITY YIN CITY ATTORNEY E.L.EACH ACCIDENT $ OFFICER'ME'MB4EXCLUDED?ECUTIVE I I NIA CITY OFHUNTIPIGTONFlEArl; (Mandaltory IIn ) EL DISEASE-EA EMPLOYEE $ Eves describe under DESCRIPTION OF OPERATIONS below E.L.= -POLICYj $ A Professional Liab PKV0000417 04107/2022 04/07/2023 Prof Llab 1,000,000 A Cyber PKV0000417 04/07/2022 04/07/2023 Cyber 300,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Sohodula,may bo attached N more spas*Is required) Huntington Beach,Its officers,elected or appointed officials,employees, agents and volunteers are named as additional Insured with respect to the work performed by the named Insured. Investigation,CA-- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach Kristin Miller 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92648 0. 4 UM. I ACORD 25(2016/03) 11988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 243 ,POLICY NUMBER: PKV0000417 COMMERCIAL GENERAL LIABILITY CIGL 79 03 18 . j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location(s)Of Covered Operations Blanket as required by valid written contract. Blanket as required by valid written contract. Additional Information: information required to complete this Schedule, if not shown above,will be shown,in the Declarations. A. Section II — Who Is An Insured Is amended to Include as an additional insured the person or organization shown in the Schedule, but only with respect to liability for"bodily Injury", "property damage" or"personal and advertising Injury"arising out of: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; In the performance of your operations for the additional insured at the location shown in the Schedule, However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; b. If coverage provided to the additional insured is required by a contract or agreement, the insurance CIGL 79 03 18 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 244 , afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Regardless of the date of occurrence or when the injury or damage first occurs or Is first discovered, a person's or organization's status as an additional insured under this endorsement ends upon the earliest of: (1) The completion or termination of the contract or agreement between you and the additional insured for the location shown in the Schedule; (2) The date you cease actively performing operations for the additional insured at the location shown in the Schedule; or (3) The expiration or termination date of the policy or this endorsement. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to liability or damages for"bodily injury", "property damage", or"personal and advertising injury": 1. Caused by, arising from, or included in the"products-completed operations hazard"; 2. Arising out of the additional insured's sole negligence; 3. Arising out of work or operations performed by you that were completed prior to the effective date of this endorsement; or 4. Which continues or progressively deteriorates after you cease actively performing operations for the additional Insured at the location shown in the Schedule, even if the Injury or damage first occurred, or is alleged to have first occurred,during the course of your operations for the additional injured. C. Solely for purposes of this endorsement, the following definition Is deleted in its entirety and replaced by the following: 1. ""Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product"or"your work"except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned, However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed; (b) When all of the work to be done at the location shown in the Schedule has been completed if your contract calls for work at more than one location; or (c) When that part of the work done at the location shown In the Schedule has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete,will be treated as completed. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. CIGL 79 03 18 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 245 N G T � - FF, .....p., . City of Huntington Beach 1�; _ ; 2000 Main Street ♦ Huntington Beach, CA 92648 'Q (714) 536-5227 • www.huntingtonbeachca.gov „0TY. Office of the City Clerk � ./� Robin Estanislau, City Clerk November 8, 2022 Norman A. Traub & Associates Attn: Brock Avery 2625 Townsgate Road #330 Westlake Village, CA 91361 Dear Mr. Avery: Enclosed is a fully executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and Norman A. Traub &Associates LLC for Background Services, approved by City Council on November 1, 2022. Sincerely, 94J4 )) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan CITY OF HUNTINGTON BEACH ; Professional Service Approval Form -o' Amendment# 2 1. Date Requested: 10-04-22 2. Contract Number to be Amended: 20-9068/238527 3. Department: Police 4. Requested By: Capt. Svendsbo 5. Name of Consultant: Norm Traub&Associates, LLC 6. Amount of Original/Prior Contract: $81,000.00 7. Additional Compensation Requested: $50,000.00 8. Original Commencement Date: 11-14-20 9. Original Termination Date: 11-13-23 10. Extended Date Requested: N/A 11. Reason for Contract Amendment: Need additional funding for background services. Purchasiri Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes Z No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# Fiscal Year 22/23 Fiscal Year Fiscal Year Fiscal Year 10070710-69365 $50,000 $ $ $ $ $ $ $ j\- \t, / ) Budget,';'proval nature Date Department - • Signa ure Date City Manage'p•,o - Sig :ture Date professional service approval form-amendment 2-traub(background investigations)-oct 2022 246 REV:2016 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGION BEACH AND NORMAN A. TRAUB & ASSOCIATES LLC FOR BACKGROUND SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "Cite." and NORMAN A. TRAUB & ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 14. 2020, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Norman A. Traub & Associates, LLC for Background Services" 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 ofcompensation 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 an additional sum not to exceed Fifty "Thousand Dollars ($50,000.00). The additional sum shall be added to the original sum of' Thirtv One Thousand Dollars (S31,000.00), for a new contract amount not to exceed Eighty One Thousand Dollars (S81,000.00). 21-9995/262590 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 WIIEREOF, the parties hereto have causcd this Agreement to be executed by and through their authorized officers on 2021. NORMAN A. TRAUB & ASSOCIATES CITY OF HUNTINGTON BEACH, a I.LC municipal corporation of the State of California Bye-,!J � T Brock Avery-O ner/Gen al Manager L^ /Ir.� print name Chie of POli ITS: (circle one)Chairman'PresidentNice President AND APPROVED AS TO FORM: By. print name -,City Attorney ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer RECEIVE AND FILE: City Clerk Date 21-99951262590 2 �•� OP ID:MN AFRO CERTIFICATE OF LIABILITY INSURANCE DATE 0 21YI 07121r2021 THIS CERTIFICATE 18 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 certif ate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 endorsemen ■. PRODUCER cow-'ACTMichelle A Nowell Alliance Mgt.a Insurance Sam rn&rc- 366 via Vera Cruz 67 qM.Nn E.o 760.471.7118 IA1G as 780471.8378 CA AgenUSroker Lice 0737966 E San Marcos,CA 92078 wWig,mno9wll amiscor .com Michelle A.Nowell FR .TRAUB•2 rma�—ff & --— — - - - --- _ *AM"AFFOMMO DOVF11AM am# INSURED NO enKaLmA:PalateInsuranceCom an 34116 Associates LLC Brack Avery _INSURER a: _ 2626 Townsgato Rd 4330 NSURutc: ______. __- _ Westlake Village,CA 91361 OISUNE11 p: _ ISISMER E: 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 Ma OF INSURANCE UNDILS POLICY NUMKR untie OMEMLLMEILm EACHOCWRRENCE i 1,000.00 A X COMMERCIAL GENERAL LAPAJTY X PKV0000417 0410712021 0410712022 f 100,00 CLAMSJPAide ❑X OCCUR I woexp o.e f 6AD X Error*A Omission PERSONAL AAMINJURY s 1,D00, OENERALAGORECATE i 5,000,00 ClEfr.AOOREOATE UNIT APPLIES PEN: PRODUCTS-COAIPIOP AOO s 1.000.00 X POLICY Lac ----_I s AUTOMOS"LJAsanY COMBINED SNOLE Leon s 1,000,0 A VONNIII Ou07l2021 04/07/2022 (EA Sca"M BOMY NAJRY(MrpNAenl sALLOV44DAUTOI BODILY NJURY(PM eorJENh f SCMDAEOAWOS PR ttOPER OVAGEJARvAun, MMOAVMS IPER ACCIDENT) f NONOWNEDALrFOS s f LMRELLILMe occult EACH OCCURRENCE i EXCEfe Lua ADOrtEOATE i HOEOUCTMNE i RETINTION WORKERS COMPENMTION U- AND ENKMERrLIABILITY YIN —IM --- IT ANYPROPRIFToR.PARTNERlRECUTW EL_EACH ACCIDENT f OFFICEANEMBF.II EAG.UWC1 NIA (MAneNAry M RANI EL.DISEASE-EA EMPLOYE f xvwE oA ww, DE `WPT OF 'RA110N5toew E,I.DISEASE-POLICY LIMIT i p Profeaalonaf Lleb KV0000417 Ou0712021 04/0712022 Prof Llab 1.000,00 q Cyber KV0000117 Ou07/2021 0 0712022 Cyber 300,00 PpFi((vuylounroputMM1na oFgEMpnONgEanuC TIOkSi VEHRICLEP iAea hA49opw Ill.A9NUontl RRmuY,SccnD,euM,R mon aptA Is nq. dt APPROVED AS TO FORM ad AnalInsOred withD aspect to the work peApanted by the named Insured. BY: Investigation,CA•• MICHAEL E.GATES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach PD ACCORDANCE WITH THE POLICY PROVISIONS. Lt Bo Svendsho 2000 Maln Street ADTNORMED REPRESENTATIVE Huntington Beach, CA 92648 ,,,1 ,n nn /L l v- n^n 1 0 11x998-20DDOO ACORD CORPORATION. All rights reserved. ACORO 26(2009109) The ACORD namo and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB &ASSOCIATES LLC FOR BACKGROUND 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 Norman A. Traub & Associates, LLC, a Limited Liability Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide background 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 Brock Avery 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. 20-9068/238527 1 of 12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 1A/0V;gy �Y , 20 (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 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 Thirty One Thousand Dollars ($31,000). 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." 20-9068/238527 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: 20-9068/238527 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 20-9068/238527 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; 20-9068/238527 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 20-9068/238527 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. 20-9068/238527 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 Norman A. Traub & Associates, ATTN: Kristin Miller Attn: Brock Avery 2000 Main Street 2625 Townsgate Road, #330 Huntington Beach, CA 92648 Westlake Village, CA 91361 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 20-9068/ 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 20-9068/238527 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 20-9068/238527 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 20-9068/238527 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of NORMAN A. TRAUB & ASSOCIATES, LLC California By: ' Directo ie (Pursuant To HBM 3.03.100) print name ITS: (circle one)Chairma residen ice President APPROVED AS TO FORM: AND By. Q,►City o9hey print name Date ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date 20-9068/238527 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 residence(s) to interview neighbors. 3. Contact/visit other police agencies to which the applicant has applied to review background file and interview background investigator. 4. Contact family, personal references and secondary references. 5. Prepare written reports for each contract 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 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: $100 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 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 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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 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 OP ID:DR CERTIFICATE OF LIABILITY INSURANCE DATE 09/ 7r17/DD/l12o20 o90 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 i REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. € IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)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 j certificate holder In lieu of such endorseman s. PRODUCER NAME; Michelle A Nowell I Alliance Mgt,&Insurance Sery PHONE P 355 Via Vera Cruz#7 No EM);760-471-7116 ,Nei 760 471-9378 l CA Agent/Broker Llc#0737966 �luiU o - San Marcos,CA 92078 ADDRE.s,;mnowell@amiscorp.com Michelle A.Nowell cusrot(ID N:TRAUB-2 INSURED NoIrman A TraUb 8r _ INSUREWS)AFFORDINGCOVERAGE NAIL/ ± I INSURER A:ACCeptagi a Casual Ins Comte__ 10M I Associates LLC - -- — Brock Avery INsuRERa: - 3226 Grande Vista Drive INSURERc: Newbury Park,CA 91320 iNSURER0: INSURERE: 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. LT§R I TYPE OF INSURANCE ADVE USA' im POLICY NUMBER Y j PM1UD� .. _ UMRS .. BENFRAL.LWBIUTY I EACH OCCURRENCE_ S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X; CPO11902819 04707/2020{04/0712021 oaMAGE'I'6Ri:NTE° _PREMISES(Es oocaanrcel $ _ 100,00 CLAIMS-MADE XO OCCUR MED EXP(Arty one pemon) S X Errors&Omission I 1L6A0VMJU - ,Pt3iSOtLRY S 1,000,00 GENERAL AGGREGATE_ S 51000100 GEN'L AGGREGATE LIMIT APPLIESPER X POLICY PRO LOC O8-CP-lO PA S 1,000.00— OG iT AUTOMOBRt UABIUIY COMBINED SINGLE LIMIT = ,000,0 A _�ANY AUTO POO962819 07/02/2020 04107=1 (Ea"cadent) 1 ALL OWNED AUTOS I BODILY INJURY(Parpwaon) S SCHEDULED AUTOS BODILY INJURY(Per aWderd) S I f X HIRED AUTOS PROPERTY DAMAGE f (PER ACCIDErT) _ IIII -� X NON-0WNEDAUTDS ---`-- i .. UMBRELLA L1A8 OCCUR EACH OCCURRENCE S EI(CEisLU1I F CLAIMS-MADE AGGREGATE $' I DEDUCTIBLE ---- s RETENTION d I S NtORKERS COMPENSATION I STATU- OTH- AND EMPLOYERS'LIABILITY YIN I iT ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERaMEMSER EXCLUDED7 NIA E.L.EACH ACCIDENT $ (Mandetary In NH) - _-- If ye describe under E.L DISEASE-FA EMPLOYEE S DESIRIPTION OF OPERATIONS below ,E.L.DISEASE-POLICY LIMIT I$ A IProfesslonal Llab CP00962819 04/0712020 0410712021 ;Prof Liab 11000, 000 A ICyber 'CP00962819 04/07/2020 04/0712021Cyber T . 300,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remark*Schedule,I1 mere*Paco is required) City of Huntington Beach,Human Resources Departmgnt is named as an addition I i((�Isured with respect to the work performed by the named insured. BAtkins@hbpd.org BY Invests ation,CA-• M4jWL E GAS CERTIFICATE HOLDER ATTORNEY CANCELLATION F yi1Nf1NDTI, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach PD ACCORDANCE WITH THE POLICY PROVISIONS. Bernard Atkins 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA92648 l®)19]88�-20009J`ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD