AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BEARD INVESTIGATIVE SERVICES, LLC
FOR
BACKGROUND INVESTIGATIVE SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and BEARD INVESTIGATION SERVICES, LLC, hereinafter referred to as "CONSULTANT."
WHEREAS, City and Consultant are parties to that certain agreement, dated December 4, 2020, entitled "Professional Services Contract Between the City of Huntington Beach and Beard Investigative Services, LL.C" 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:
ADDITIONAL COMPENSATION
In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B. City further agrees to pay Consultant an additional sum not to exceed Seventy Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of Eighty Three Thousand ($83,000.00), for a new contract amount not to exceed One Hundred Fifty Eight Thousand Dollars ($158,000.00).
23-12963/312005 1
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 , 2023.
BEARD INVESTIGATIVE SERVICES, CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of
California
W. Beard
Mayor
print name
ITS: (circle one) Chairman/President/Vice President
City Clerk
AND
INITIATED AND APPROVED:
By:_ NIA
print name Chief of Police
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney el
23-12963/312005 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 , 2023.
BEARD INVESTIGATIVE SERVICES, CITY OF HUNTINGTON BEACH, a LLC municipal corporation of the State of
California
By:
Mayor
print name
ITS: (circle one) Chairman/President/Vice President
City Clerk
AND
INITIATED AND APPROVED
By:
Kaun
print name Chief of Police
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO,FORM:
23-12963/312005 2
V.k.
BEARINV-01 MMELTON
ACORD DATE (MAUDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 5/31/2023
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
HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE
EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDE
PRODUCER
yneWest Insurance - TA (NG, NO, Ext): (866) 276-3775 FA, No: 866) 216-5018 1900 SW Barrows Rd, Ste 2l
Beaverton, OR 97007 ADDRESS:
INSURERS) AFFORDING COVERAGE NAIC I
INSURER A : Scottsdale Insurance Company 41297
INSURED INSURER B: United Financial Casualty Company 11770 Beard Investigative Services LLC INSURER C:
PO Box 60154 INSURER D:
Irvine, CA 92602 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS SUCH POLICIES, LESSON HAVE BEEN HERE SEE ALL THE TRAIN
INSR INS SD LIMITS
TYPE OF INSURANCE
ALTR
A X COMMERCIAL GENERAL LIABILITY 1,000,000
EACH OCCURRENCE
CLAIMS-MADE X OCCUR XX RBS0194089 1/6/2023 1/6/2024 100,000 5,000
MED EXP (Any one person) 1,000,000
PERSONAL & ADV INJURY
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
2,000,000
X POLICY SECT LOC PRODUCTS - COMPIOP AGG
OTHER: $
B LEARNSINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY
ANY AUTO xX 06603320-5 317/2023 31712024 BODILY INJURY (Per person) ROS ONLY DILY INJURY (Per accident)
X MUES ONLY
UMBRELLA LIAB OCCUR EACH OCCURRENCE les es es es
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
STATUTE I TOTH
Y/N
EL. EACH ACCIDENT $
NIA
EL. DISEASE - EA EMPLOYEE S
EESCRIPTION OF OPFRATIONS bOON. E.L. DISEASE • POLICY LIMIT Errors & Omissions RBS0194089 1/6/2023 1/6/2024 each claim 1,000,000 A Errors & Omissions RBS0194089 1/6/2023 1/6/2024 aggregate 2,000,000 city of Huntington Boach, irs Orlere, omploy 05, agate, volunteers and represemaives are aditional insted or OLSS78 Adiltonal Insured on Auto Liably per form 1198(01/04) Attached. Walver of subrogation altached. Coverage is Primary and Non ApprOVED AS TO FORM BYMICHAEL E. GATES
CITY ATTORNEY
CANCELLATION CITY OF HUNTINOTON BEACH
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
NOTICE WILL BE DELIVERED IN
City of Huntington Beach
2000 Main St
Huntington Beach, CA 92648
AUTHORIZED REPRESENTATIVE
Ardul hell
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. 2
ATTACHED TO AND
FORMING A PART OF NAMED INSURED AGENT NO.
POLICY NUMBER
RBS-0194089 01/06/2023 BEARD INVESTIGATIVE SERVICES LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED WITH PRIMARY AND
NON-CONTRIBUTORY PROVISION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ERRORS AND OMISSIONS COVERAGE PART
With respect to this endorsement, SECTION II-WHO IS AN INSURED is amended to include as an addi- tional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit, which must be:
1. Currently in effect or becoming effective during the term of the policy; and
2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages."
The insurance provided to these additional insureds is limited as follows:
1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" caused, in whole or in part, by:
a. Your acts, omissions or "error or omission"; or
b. The acts, omissions or "error or omission" of those acting on your behalf.
A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.
2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to SECTION I-COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAM- AGE LIABILITY, Paragraph 2. Exclusions, SECTION I-COVERAGES, COVERAGE B-PER- SONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions of the Commercial General Liability Coverage Part and SECTION I-COVERAGE, Paragraph 2. Exclusions of the Errors And Omissions Coverage Part:
a. This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury" or "damages" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2004
1 Nationwido
GLS-661-TAG (04-22) Page 1 of 2
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. Coverage is not provided for "bodily injury," "property damage," "personal and advertising in- jury" or "damages" arising out of the sole negligence of the additional insured. c. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" or "damages" arising out of an architect's, engi- neer's or surveyor's rendering of or failure to render any professional services including:
(1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities.
3. The limits of insurance applicable to the additional insured are those specified in the written con- tract, written agreement or written permit or in the Declarations for this policy, whichever is less.
These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy.
4. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary, except as provided in Para- graph 6. below.
5. When this insurance is excess, we will have no duty under SECTION I-COVERAGES, COVER-
AGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY, SECTION I-COVERAGES, COVERAGE B-PERSONAL AND ADVERTISING INJURY LIABILITY of the Commercial Gen- eral Liability Coverage Part and SECTION I-COVERAGE, of the Errors and Omissions Coverage Part to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
6. The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insurance of the Commercial General Liability Coverage Part and SECTION IV-COVERAGE PART CONDI- TIONS, Subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insur- ance of the Errors And Omissions Coverage Part:
If you have agreed in a written contract, written agreement or written permit and executed such contract, agreement or permit prior to the time of an "occurrence" or "error or omission" giving rise to a claim/"claim" or "suit" that this policy will be primary or primary and non-contributory and without right of contribution from any insurance in force for the liability in the performance of your ongoing operations for the additional insured(s), then this insurance will be afforded on a primary or primary and non-contributory basis and we will not seek contribution from any other such insurance.
AUTHORIZED REPRESENTATIVE DATE
Includes copyrighted yania so operisin. 2c. with is permission.
GLS-661-TAG (04-22) Page 2 of 2
Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF NAMED INSURED AGENT No.
POLICY NUMBER
RBS-0194089 1/6/2023 Beard Investigative Services LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED AND WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ERRORS AND OMISSIONS COVERAGE PART
A. With respect to this endorsement, SECTION II-WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be:
1. Currently in effect or becoming effective during the term of the policy; and
2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages."
B. The insurance provided to these additional insureds is limited as follows:
1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf.
A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.
2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to SECTION I-COVERAGES, paragraph 2. Exclusions:
This insurance does not apply to "bodily injury," "property damage," "personal and advertising in- jury" or "damages" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
3. The limits of insurance applicable to the additional insured are those specified in the written con- tract, written agreement or written permit or in the Declarations for this policy, whichever is less.
Includes copyrighted material of ISO Properties, Inc., with ts permission.
Copyright, ISO Properties, Inc., 2004
GLS-578-TAG (05-21) Page 1 of 2
These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy.
4. Coverage is not provided for "bodily injury," "property damage," "personal and advertising injury" or "damages" arising out of the sole negligence of the additional insured.
5. The insurance provided to the additional insured does not apply to "bodily injury," "property dam- age," "personal and advertising injury" or "damages" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities.
6. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary.
When this insurance is excess, we will have no duty under SECTION I-COVERAGES to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
C. With respect to the insurance afforded to these additional insureds, the following is added to paragraph
8. Transfer Of Rights Of Recovery Against Others To Us Condition of the Commercial General Liability Coverage Form and Errors And Omissions Coverage Form:
We waive any right of recovery we may have against an additional insured because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery. Such waiver by us applies only to the extent that the insured has waived its right of recovery against an additional insured prior to loss, but only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations.
AUTHORIZED REPRESENTATIVE DATE
Includes copyrighted material of ISO Properties, Inc., with its permissior Copyright, ISO Properties, Inc., 200/
GLS-578-TAG (05-21) Page 2 of 2