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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. 2 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). 20 i3 ,G e erv,k es (company) By: (Signature of Authorized Representative) D �e a P 44, lily'. (Name and Title) B IFICATE'IS, LATE DOES'. THIS CERT REPRESENTATIVE OR IMPORTANT: If the carti the terms and conditions certificate holder In Neu o PRODUCER JSI Financial Services, Inc. JOHN SARGEANT INSURANCE AGENCY 300 W GLENOAKS BLVD STE 104 GLENDALE CA 91202-2985 • INSURED ROBERT ABEL dba: ROBERTABEL INVESTIGATIVE SERVI R OF iNfEORMATION OHO'TM Y OR ,NEGATIVELY AMEND, EXTEN k10E 'DOES Nr, T CONSTITUTE A •CONT IE CERTIFICATE HOLDER AP0,010NAL IN$UREp, IIw poNclryII ) musl.ba endr Ihl pol(ciss troy requlre all: endorseOlent A statsmen PO BOX 901 LA MESA CA 91944-0901 COVERAGES THIS IS TO CERTIFY THAT THE POUOI INDICATED, NOTWITHSTANDING ANY RE CERTIFATE MAY BE #SSUED OR MAY >il OLUSI O NS AND CONDITION$ OF SUCH P, TYPE QF IN$URA GENERAL UA SITY X COMMERCIAL GENERAL LABILI CLAIMS -MADE. �-•-, X Errors & Ormleslons LAGOREGATEUMrrAPPLIES .PIM POLICY Tat n LOC '.AUTOMOBILE LABILITY ANY AUTQ ER AUTOS HIRED AUTOS — SCHEDULED AUTOS NON•OWNSO AUTOS .... UMBRELLA LIM EXCESS LIAR CERTIFICATE HOt ER CLAIMS MADE ICATk N ".ni NIA oNTAct ROBEI INSURES A : Eve RICE, JIi. -1975 DATE (I 013 E'CERTIICATE HOLDER. THIS AFFORDED BY THE POLICIES ` NG INSURER(S),_AUTHORIZED TtON IS WAIVED, subtext to !does not confr rights to the .corn POR[IM10 COVERAGE W. NO: (818)' iR 988 NAIL • we BELOW NAVE BEEN ISSUED TO THE W�,m OR CONDITION OF ANY CONTRACT OR OTHER CE.AFFORDED BY THE P,OUCIES DESCRI N MAY HAVE BEEN REDUCED EY PAIDP CY rIUweer CANCELLATION. SHOULD ANY OF.'THE ABOVE DE$CRISES,. THE '.LEXPRRATIGR AT DE"THEREOF, F ACCORDANCE WITH THE POLUCYPROVI REVISION NUMBER: 0 NAMEaABOVE FOR THE! L CY PERIOD OCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO AU. THE TERMS, EACHOCCSAR5NCE ",OHMAGE TO poongEo eRE A E$ pop4orroncm MED EX (MY'W1YpEnon P URY S .000. t 1,000,000. GENERAL AO $ UCTS G BODILY !ME LIMIT Pw $ $ BGDILYINIURY(P<ud ent) $ MPIdmO OE EACH OCCURRENCE AGGREGATE E.L. CIDENT E.L. DISEASE • EA EMPLOYEE\ E.L. 01S POLICY LIMIT $ i N. All Robort,: Pt LJc Y'N Include 04)1411 eddiinj orgenizetlO (s) Ohowt wit tespaoEr IIabIMi dainpo caused UABIUTX. 2010 07 04 fjo ded tO these ddfllonai•exclu- 'bodUy Injury or Pei equip,. ith , ear wry nance eh& f•of Nr�h of,th4. 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 q HOME ADDRESS / � / D en !4 '7"- (' ef � Zoe.- Nei L• STATE�/'4 (,�/'T ZIP CD ' ? 4/4 / 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 �"�( r TITLE aWh et/ DA % 7/J/j / BUSINESS NAME ,"-'a % e, rk� f 14 be ro veJy, • ` ce4-•1/t „Llvv. t Ge J ---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