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HomeMy WebLinkAboutNorman A. Traub & Associates LLC - 2019-07-01 AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB & ASSOCIATES LLC FOR WORKPLACE 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 NORMAN A. TRAUB, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated July 1, 2019, entitled"Professional Services Agreement Between the City of Huntington Beach and Norman A. Traub & Associates for Workplace Investigative Services." which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT. NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. ADDITIONAL COMPENSATION In consideration of the additional services to be performed, CITY agrees to pay CONSULTANT and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Fifty Thousand Dollars ($50,000), in addition to the original sum of Thirty Thousand Dollars ($30,000), for a new total not to exceed Eighty Thousand Dollars ($80,000). 20-8468/224872 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full l'orce and effect. IN WITNESS WHEREOF, the par!ies hereto have caused this agreement to be executed by their authorized officers on -9C1-:2 O , 2020. CONSULTANT, CITY OF HUNIINGTON BEACH, NORMAN A.TRAUB&ASSOCIATES LLC a municipal corporation of the State of California By: T ��.✓� v�� Gr-tjE-KA4- M*4A4rr-CX^PFE-o4 C449AL &' ity Manager print name ITS: (circle one)Chairman/President/Vice President INITIATED AND APPROVED; AND lty Manager By: N/A APPROVED AS FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst, 9 '" SecretaryTreasurer Cl Attorney �"�; � �.' Date RECEIVE AND FILE: City Clerk Date 20-8468/224872 2 NORMAN A.PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB & ASSOCIATES LLC FOR WORKPLACE INVESTIGATIVE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Norman A. Traub & Associates LLC, a Limited Liability Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide workplace investigation 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 Thomas Brock Avery who shall represent it and be its sole contact and agent in all consultations with. CITY during the performance of this Agreement. agree/surfnet/professional sves to$49 05/19-204132 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. 'TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1 , 20 19 (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 one year 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 Thousand Dollars ($30,000). 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. agree/surfnet/professional sves to$49 05/19-204132 2 of 11 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 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. agree/surfnet/professional sves to$49 05/19-204132 3 of 11 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: "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 agree/surfnet/professional sves to$49 05/19-204132 4 of 11 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 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. agree/surfnet/professiona]svcs to$49 05/19-204132 5 of 11 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; 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(3 0) 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 agree/surfnet/professional sves to$49 05/19-204132 6 of 11 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 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 agree/surfnet/professional Svcs to$49 05/19-204132 7 of l I 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. 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 LLC ATTN: Director of Human Resources 3225 Grande Vista Drive 2000 Main Street Yorba Linda, CA 92886 Huntington Beach, CA 92648 Attn: Thomas Brock Avery 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. agree/surfnet/professional Svcs to$49 05/19-204132 8 of 11 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 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 agree/surfnet/professional svcs to$49 05/19-204132 9 of 11 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 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. agree/surfnet/professional svcs to$49 05/19-204132 10 of 11 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 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. agree/surfnet/professional Svcs to$49 05/19-204132 11 of 11 IN WITNESS WHEREOF, the parties 1,,oreto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Thomas Brock Avery California COMPANY NAME Norman A. Traub & ssociates LLC / Director/Chief By/' Pursuant To HBMC 3.03.100 T, ��� C�� ' r APPROVED AS TO FORM: print name ITS: (circle one)Chairman/ •esiden ice President AND /By: City Attorney #4V ` ate print name RECEIVE AND FILE: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART City Clerk Date agree/surfnet/professional Svcs to$49 05/19-204132 12 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Thomas Brock Avery California COMPANY NAME Norman A. Traub &Associates LLC Director/Chief By: (Pursuant To HBMC§3.03.100) APPROVED AS TO FORM: print name ITS: (circle one)Chairman/President/Vice President AND City Attorney AV By: Date print name RECEIVE AND FILE: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer [fit COUNTERPART City Clerk Date /0 LOL�5-L1110/ �} N k' r1Q.� ti.... W! agree/surfnet/professionat sves to$49 05/19-204132 12 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant shall provide workplace investigations on an as-needed basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The investigator shall: • Meet with City officials to finalize the scope of the investigation; • Obtain all relevant documents including: complaints,written statements of witnesses and i reports prepared by City officials; • Interview complainant; • Interview witnesses; • Interview the subject of the investigation; • Assess the credibility of the complainant(s),witnesses and the subject; • Digitally record all interviews,when possible,and transcribe all recordings; • Periodically communicate with the designated contact person(s) with updates/progress and other important issues; • Conduct additional interviews and collect other relevant documents if necessary; • Prepare a fact-finding report. The investigators shall submit a comprehensive written report. The report will provide an executive summary of the findings,the methodology used, a discussion of the evidence obtained, and how credibility issues were resolved and detailed findings of the investigation. The findings are limited to the points set forth above, in the section entitled"Scope of Investigation."The investigators shall not reach any legal conclusions, or speculate regarding the legal significance of any claim or defense,or make recommendations for discipline. The CONTRACTOR and its Counsel are solely EXHIBIT A responsible for providing the legal analysis and advice necessary to respond to the investigative report. The following terminology may be used (at the Contractor's discretion) to describe the findings of the investigations: Unfounded- The investigation clearly established that the allegation(s) is not true. Exonerated- The investigation clearly established that the conduct occurred but did not violate agency policies. Not Sustained-There is insufficient evidence to determine whether the alleged misconduct t occurred. i Sustained-The alleged conduct occurred Meet with City officials to finalize the scope of the investigation; Obtain all relevant documents including: complaints,written statements of witnesses and reports prepared by City officials; Interview complainant; Interview witnesses; Interview the subject of the investigation; Assess the credibility of the complainant(s),witnesses and the subject; Digitally record all interviews,when possible, and transcribe all recordings; Periodically communicate with the designated contact person(s) with updates/progress and other important issues; Conduct additional interviews and collect other relevant documents if necessary; Prepare a fact-finding report. The investigators shall submit a comprehensive written report. The report will provide an executive summary of the findings,the methodology used,a discussion of the evidence obtained, and how EXHIBIT A credibility issues were resolved and detailed findings of the investigation.The findings are limited to the points set forth above, in the section entitled "Scope of Investigation."The investigators shall not reach any legal conclusions, or speculate regarding the legal sigiuficance of any claim or defense, or make recommendations for discipline. The CONTRACTOR and its Counsel are solely responsible for providing the legal analysis and advice necessary to respond to the investigative report. The following terminology may be used (at the Contractor's discretion)to describe the findings of the investigations: Unfounded - The investigation clearly established that the allegation(s)is not true. Exonerated -The investigation clearly established that the conduct occurred but did not violate 3 1 agency policies. Not Sustained There is insufficient evidence to determine whether the alleged misconduct occurred. Sustained-The alleged conduct occurred.Four areas of psychological resources shall be provided: C. CITY'S DUTIES AND RESPONSIBILITIES: , The City shall provide Consultant with all necessary background information and documents necessary to perform the services, all of which shall remain the property of the City and be returned to the City upon completion of the project. Consultant's report shall be the property of the City to do with as it pleases and Consultant shall retain no copyright,ownership or other interest in the report upon its submittal to the City. Consultant shall submit its report to a person designated by the City. Consultant shall maintain as confidential and not disclose to any third party the work product associated with its investigation hereunder EXHIBIT A f t� L D. WORK PROGRAM/PROJECT SCHEDULE: Services will be assigned to CONSULTANT on an as-needed basis. ti F s a i i i i i 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: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done month l 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 CONS ULTANT'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. 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 1 Exhibit B b gg r 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. a f 1 1 1 i f i I 2 Exhibit B I EXIITIM B.1 i Norman A. Traub&Associates LLC Hourly Rates CONSULTANT fees for such services shall be based upon the following hourly rate and cost schedule: 1 • Attorney/Investigator services: $220.00 per hour, plus expenses. • Investigator services: $160.00 per hour,plus expenses. • Post investigation hearings,trials,depositions,etc. subpoenaed or requested in writing by the client or if subpoenaed by any party to the investigation,the compensated shall be at$250,00 per hour,four hours minimum plus expenses.When the investigator is placed in an On-Call status, the fee is$130.00 per hour,four-hour minimum. • Executive background investigations: $3,000.00 plus expenses. • Entry-level Fire and Police background investigations: $1,700,00 plus expenses. • Entry-level background investigations for non-safety personnel: $1,500.00,plus expenses. • Surveillances: $100.00 per hour,plus expenses. Note:Documented expenses include mileage(IRS rate),postage,copy services,and transcriptions services, auto rental,and lodging.NATA LLC will make the best effort to assign Orange County-based investigators near Huntington Beach.In the case of no availability for an Orange County-based investigator, CONSULTANT will confer with the City to discuss travel compensation for the investigator. OP ID: DR A�oRo° CERTIFICATE OF LIABILITY INSURANCE 7OT8/2712019 DIY 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Alliance Mgt.&Insurance Sery NAME: Michelle A Nowell AX 355 Via Vera Cruz#7 PAICD"No E ;760-471 7116 (A/, 60 No): 7 -471-9378 _ — - --- CA Agent/Broker Lic#0737966 ADDRESS:mnowell amisco COm San Marcos,CA 92078 --� Michelle A.Nowell CUSTOM TRAUB-2 CUSTOMER ID#: INSURERS)AFFORDING COVERAGE ; NAIC IF INSURED Norman A Traub& INSURER A:Acceptance Casualty Ins Comp 10349 Associates LLC - Brock Avery INSURER B: 3225 Grande Vista Drive INSURERC-_ - Newbury Park,CA 91320 INSURERD: 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. Nslt -- -- NS _ LT TYPE OF INSURANCE �'0-UCY- � [ P�LI EXP ----- POLICY NUMBER - MMIDD/YYYY MMIDD LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CP00962819 04/07/2019 04/07/2020 1) _' 'r'b7iE 1 CLAIMS-MADE Fx_1 OCCUR PREMISES(Ea oceunence1 $ 100,00 l MED EXP(Any one person) $ 5100 X Errors&Omission PERSONAL 9 ADV INJURY -$ 1,000,00 GENERAL AGGREGATE $ — 5,000,00 GENT AGGREGATE LIMIT APPLIES PER �jl�OU�CTSCOM�IOP AGGj 1.000.00X( POLICY 7PRO- I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 A ANY AUTO CP00962819 D7/02J2019 04107/2020 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS !PROPERTY DAMAGE i X HIRED AUTOS APPROVED ASTO FDRM (PER ACCIDENT) I $ I X;NON-OWNED AUTOS i UMBRELLA LAB �C'• I :OCCUR I C.ITV ATTORNEY EACH OCCURRENCE $ EXCESS LIA_B ' CITY<?F HUNTINGTON BEAC { I CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION $ I WORKERS COMPENSATION I WC STATU- ( OTH-1 LIABILITY $ AND EMPLOYERS' ABILITY YIN I TORY LIMITS ER ' ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ N/A EL.EACH ACCIDENT j$ (Mandatory in NH) r E.L.DISEASE-EA EMPLOYEE $_ If yes,describe under 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB $ A !Professional Liab ICP00962819 04/07/2019 04/07/2020'Prof Liab 11000,00 � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Huntington Beach, Human Resources Department is named as an adt7itional insured with respect to the work performed by the named insured. lnvesti ation, CA-- 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. Admin Svc Div Manager AUTHORIZED REPRESENTATIVE Kristin Miller 2000 Main Street Huntington Beach CA 92648 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH RECEIVED '.0 - Professional Service Approval Form SEP 04 2019 PART I Finance Department Date: 8/27/2019 Project Manager Name: Michele Warren Requested by Name if different from Project Manager: Department: Human Resources PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Workplace Invetigative Services o c M m 2) Estimated cost of the services being sought: $ 25,000 m z o 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Fiscal S rvices Manager Signature (Purchasing Approval) Date 6) Amount, Business Unit(8 digits) and Object Code (5 digits)where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019/20 10030404.69365 $25000 $ $ $ p v Date 1_ - - -�?li__9 I_A? De ment Head Signatures) D e hief Financial Off' er Siig nature Date Assistant City Manage Ps Signature to APPROVED DENIED ❑ City Manager's Sign re D to professional service approval form-part i.doc REV: February 2015 CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form SEP 10 2019 qW PART II Finance Department Date: 9/10/2019 Project Manager: Michele Warren Requested by Name if different from Project Manager: Department: Human Resources PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I& H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Norman A. Traub &Associates LLC 2) Contract Number: HR `, 3) Amount of this contract: $30,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10030404.69365 $JP,000 $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhi i A, which describes the proposed scope of work. ' !% 10) Attacfj Exhibit B, which e"cribes the payment terms of the contract. p ment Head Date Fiscal Servic s Manager(Purchasing) Date ISIP Budget Mana e royal Signature Date Chief Financial Officer(or designee) Signature bate professional service approval form-part ii.doc