HomeMy WebLinkAbout2013 CON Robert Abel Investigative Service - Asset ReportCITY OF NATIONAL CITY
SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ROBERT ABEL INVESTIGATIVE SERVICES
THIS AGREEMENT is entered into this 6th day of May, 2013, by and between the CITY
OF NATIONAL CITY, a municipal corporation (the "CITY"), and ROBERT ABEL
INVESTIGATIVE SERVICES, a sole proprietorship (the "CONSULTANT").
NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services
set forth herein in accordance with the following terms and conditions:
1. Description of Services. CONSULTANT shall provide the City Attorney's
Office with an asset report for the matter of City of National City v. Quimbao (37=2011=
00099379-CU-MC-CTL) no later than May 20, 2013, and as directed by the City Attorney.
2. Length of Agreement. This Agreement will become effective on the date of
execution and end May 31, 2013.
3. Compensation. CONSULTANT will be paid at a rate of $80 per hour for
researching and preparing an asset report. The total compensation to CONSULTANT for
providing the services set forth herein shall not exceed $500 without prior written authorization
from CITY.
4. Payment Schedule. CITY will make payment within thirty (30) days of receiving
and approving a billing statement for the satisfactorily completed services of CONSULTANT.
5. Termination. CITY may terminate this Agreement at any time by providing a one
(1) day written notice to CONSULTANT.
6. Independent Contractor. It is agreed that CONSULTANT is an independent
Contractor, and all persons working for or under the direction of CONSULTANT are
CONSULTANT'S agents, servants and employees, and said persons shall not be deemed agents,
servants or employees of CITY.
7. Insurance. CONSULTANT shall obtain:
A. ® If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
1. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
K. Insurance certificates must specify certificate holder as:
City of National City
ATTN: City Attorney's Office
1243 National City Blvd
National City, CA 91950-4301
8. Hold Harmless. CONSULTANT shall defend, indemnify and hold CITY, its
Officers, employees and agents harmless from any liability for damage or claims of same,
including but not limited to personal injury, property damage and death, which may arise from
CONSULTANT, or CONSULTANT'S subcontractors, agents or employees' operations under
this Agreement. CITY shall cooperate reasonably in the defense of any action, and
CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney,
9. Acceptability of Work. The City shall, with reasonable diligence, determine the
quality or acceptability of the work, the manner of performance and/or the compensation payable
to the CONSULTANT.
10. Business License. CONSULTANT must possess or shall obtain business license
from National City Finance Department before beginning work.
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City ofNational City and
Robert Abel Investigative Services
11. Miscellaneous Provisions.
A. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
B. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
C. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
E. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
F. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
G. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The CONSULTANT shall comply with all
laws, including federal, state, and local laws, whether now in force or subsequently enacted.
H. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
1. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
any rule or construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
--- Signature Page to Follow ---
3
City of National City and
Robert Abel Investigative Services
IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONSULTANT on the
date and year first above written.
CITY OF NATIONAL CITY
By:
Leslie Deese, City Manager
AS TO FORM:
C di.a Gaci Silva
City Atto
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4301
Phone: (619) 336-4220
Fax: (619) 336-4327
Contact: Jennifer Knight
Title: Deputy City Attorney
Dept.: City Attorney's Office
Email: jknight@nationalcityca.gov
ROBERT ABEL (INVESTIGATIVE SERVICES
By: / 4-(Y
Robert Abel, Owner
ROBERT ABEL INVESTIGATIVE SERVICES
P.O. Box 901
La Mesa, CA 91944-0901
Phone: (619) 916-9320
Fax: (888) 830-6499
Contact: Robert Abel
Title: Owner
Email: rainvestigativeservices@gmail.com
Taxpayer I.D. No.: J 2_ S z _ a/ 7-
4
City of National City and
Robert Abel Investigative Services
�-- CALIFORNIA
NATIONAL CITY
1NCORPORA?6R
City of National City
(To be submitted only when there are no employees subject to Workers' Compensation)
DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO:
go ee.1- 4be / I/wed744 ferv.eef
(Company Name)
For the purpose of inducing the City of National City to go forward with any contracts awarded to
No deaf /4b j/ .reeve- f. f' Qe 7RA�s�Company), I declare as follows:
to 4 er 4 46e / (name) , Wei a /'t?' 1 41 /, (title), am
authorized to execute this document on behalf of A AzZ' (company)
with respect to compliance with the California Workers' Compensation and Labor laws. All work required
will be performed personally and solely by volunteers of 4 42- S
(company), who are independent contractors. If, however 2 1 s
(company)shall ever be required to hire employees or Subcontractors to perform this contract
(company) shall obtain Workers' Compensation Insurance and/or
provide proof of Workers' Compensation Insurance coverage to the City of National City. ra
This document constitutes a declaration by r �lS
(company) against its financial interest, relative to any claims which may be asserted under the California
Workers' Compens o and/or Labor laws against the City of National City relating to any bid or contract
awarded �.t —I (company).
Ag IS (company) will defend, indemnify, and
hold harmless the City of National City, its officers and employees, from any and all claims and liability,
including Workers' Compensation claims and liability that may be asserted or established by any party in
the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a
claim against or alleges liability of the City of National City for Workers' Compensation, and it will further
indemnify the City of National City, its officers and employees, for all damages the City thereby suffers.
Dated:
1 agree that th94e cj�cIxati ns shall constitute an addendum to any bid or contract awarded to:
�� /y (company).
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,G e erv,k es
(company)
By:
(Signature of Authorized Representative)
D �e a P 44, lily'.
(Name and Title)
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THIS CERT
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PRODUCER
JSI Financial Services, Inc.
JOHN SARGEANT INSURANCE AGENCY
300 W GLENOAKS BLVD STE 104
GLENDALE CA 91202-2985
•
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PO BOX 901
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COVERAGES
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CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION
1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950
LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT
WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY.
PLEASE TYPE OR PRINT
BUSINESS NAME (D.BA OR INDIVIDUAL NAME)
A, e,-f 46e1 zi.vei,
,0c feev,'.cl
LOCAL BUSINESS PHON{
(/9 `'/ 6 ii Zv
CORPORATE NAME (IF DIFFERENT FROM D.B
NUMBER
DIR
t CATION IN NATIONAL CITY
STREET NAME
ROOM/SUITE NO.
MAILING ADDRESS AND/OR P.O. BOX
NUMBER DIR STREET NAME ROOM/SUITE NO.
p.o. BOX NO,
AA Ale
PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE
‘/? 9/ 6 Q3 z-o
90/
STATE
ZIP CODE
9/96444
CASHIER'S COPY
EMAIL ADDRESS'
p NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL OPEN/OPENED ON:
p OWNERSHIP CHANGE: PREVIOUS BUSINESS NAME:
BUS #
LIC #
ALL LICENSES EXPIRE DECEMBER 31
RENEWALS ARE DUE BY FEBRUARY 28
THIS STUB WHEN VALIDATED IS YOUR
OFFICIAL RECEIPT FROM THE:
City of
National City
BUSINESS LICENSE DIVISION
(619) 336-4330
TAXES $,
MISC $
SB1186 $ 1,00
TOTAL $
CHECK ONE: A. 0 WHOLESALE 8. 0 RETAIL C. XIERVICE D. 0 RENTAL UNITS, 0 OF UNITS E. 0 MANUFACTURING F, 0 CONTRACTOR
STATE UCENSE a/ HEALTH PERMIT/ ABC 0/ DRIVERS UC. 0
P _r z6' 8 I7
STATE RESALE 0
FEDERAL 10 it/ SOCIAL SEG a
fJ 2 92
4'-°/ .
DESOUBE BUSINESS FULLY - INCLUDE PRINCIPAL PRODUCT OR SERVICE 1�y r1. yell ,I foal.'✓e S�^v,�tos"
NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CIT' WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM
. OWNERSHIP INFORMATION
CHECK ONE: 1kNGLE PROPRIETORSHIP
2. 0 PARTNERSHIP
C. 0 CORPORATION
UST OWNER/PARTNERS/CORPORATE OFFICERS
LAST NAME 6 e i FIRST % er L
MI ITILE
elPig,Eld
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LAST NAME FIRSTNAMEJ
MI TITLE
HOME PHONE7
HOME ADDRESS
CITY
STATE
ZIP CODE
UST IN ORDER OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK IN OR FIRE
NAME
1
TITLE
TELEPHONE C
2.
DO YOU HAVE A BURGLAR ALARM?
1.0 NO
2. 0 YES: IF YES
3. 0 SILENT 4. 0 AUDIBLE
NAME OF ALARM COMPANY
•
PHONE 1
SIGNATURE
`�� i �"�(
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TITLE
aWh et/
DA % 7/J/j
/
BUSINESS NAME
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---OFFICE USE ONLY ----
DECALS Vehicle Decals Video or Coln Op
DATE H/0 PO B/L SENT INT
FIN 220,04/11
Mayor
Ron Morrison
Council Members
Louis Natividad
Alejandra Sotelo-Solis
Mona Rios
Jerry Cano
CALIFORNIA
NATIONAL
CI ^y
aeg It
xNCORPo8ATsD
Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
TO: City Clerk DATE: May 7, 2013
FROM: Ginny Miller, Legal Assistant
SUBJECT: Agreement between City of National City and Robert Abel Investigative Services
Attached please find an original, fully -executed Agreement between City of National City and
Robert Abel Investigative Services for your files. Mr. Abel has received a signed original also.
Thank you.
i 1 nK
Attachment
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327