HomeMy WebLinkAboutJL Group, LLC - 2022-06-06 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JL GROUP, LLC
FOR
WORKPLACE INVESTIGATIVE SERVICES
THIS AMENDMENT 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
JL GROUP, LLC hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated June
6, 2022, entitled "Professional Services Contract Between the City of Huntington Beach and JL
Group, LLC,for Workplace Investigative Services",which agreement shall hereinafter be referred
to as the"Original Agreement", and City and Consultant wish to amend the Original Professional
Services Agreement,
NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL COMPENSATION
In consideration of the services to be performed, CITY agrees to pay
CONSULTANT,an additional sum not to exceed Seventy Thousand Dollars($70,000)in addition
to the original sum of Thirty Thousand Dollars ($30,000), for a new total not to exceed One
Hundred Thousand Dollars($100,000).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on rebalav '7 ' ,2023.
23-12331/300040
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporatio f the State of
JL GROUP, LLC California
By:
` g City Mana
pr'It name
ITS: (circle are)Chairman/Presi it/Vice President APPROVED AS TO FORM:
QivcrPil�-
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By:
Cit ttorney ,l<tif
print name ate
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
RECEIVE AND FILE:
€ aØJ4&
City Clerk
Date ca-fri/42.3
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23-12331/300040
VC. '7—.
, '',r"', JLGRO-1 OP ID: MN
` ,a► .---- CERTIFICATE OF LIABILITY INSURANCE DATE(M0/202YY)
�� 12110I2022
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 gar,. Michelle A Nowell
Alliance Mgt.&Insurance Sery PHONE T60.471-7116 Fax 760-471-8378
355 Vla Vera Cruz#7 (Arc,No,Ext): 1(NC,No):
CA Agent/Broker Lid/0737966 imss,mnowell@amiscorp.com
San Marcos,CA 92078
Michelle A.Stowell INSURER(S)AFFORDING COVERAGE NAIC N
INSURER A:Peteus Insurance Company 34118
A�Rrou
S EDp LLC INSURER S:HSB Specialty Insurance Co.
1831 BentTwi i Lane INSURERC:
Tustin,CA 92780
INSURER D:
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.
INTSRR TYPE OF INSURANCE ADDL SUBR POLIO EFF POLICY EXP
INSD wvo POLICY NUMBER IMMID I (MMIDDIYYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR X PKV0001278 12/20/2022 12120/2023 RnAtti8ES0(E&EoNpTEDence) $ 100,000
X Errors&Omission r 5,000
APP OVER AS FORM FORM MEDEXP(Anvoneperson) $
PERSONAL&ADV INJURY $ 1,000,000
GEM_AGGRE ELIMITAPPLIESPER: -r"� __-_ GENERAL AGGREGATE $ 4,000,000
X POLICY II Y 9i LOC 13Ys C{{"j riS1.000.000
1_ • T�'' PRODUCTS-COMPfOPAGG $
OTHER; C TORNF..' $
A AUTOMOBILE LIABILITY CITY OF Y1>>1JT11dGTnt �'•'` EeMBBIINNEDD)SINGLE LIMIT $ 1,000,000
ANY AUTO PKV0001278 12/20/2022 12/20/2023 BODILY INJURY(Per person) $
OWNED SCHEDULED
AURToS ONLY AUTOS OOpS BODILY INJURY(Per accident) $
AUT X OS ONLY X mum (P Os(a )p AMAGE $
$
A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000
X EXCESS LAB CLAIMS-MADE UMV0000337 12/20/2022 12/20/2023 AGGREGATE $ 1,000,000
ISMRETENTIONT $ $
AND EAIPLOYERB LIABILITY
CEp� Yyyl�rttN11 STATUTE ER
indatoflJ ll EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE I' I EL.EACH ACCIDENT $
N/A EL,DISEASE EA EMPLOYEE $
If yes describe under I I
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Cyber 8612216.02 08/17/2022 08/17/2023 Cyber 1,000,000
A Professional Liab PKV0001278 12/20/2022 12/20/2023 Occ/Agg 1/4
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
The City of Huntington Beach its directors officers,employees,and
agents,
are
d by mednas and additional Insured with respects to the work
Investigations,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 ACCORDANCE WITH THE POLICY PROVISIONS.
Sandy Henderson,IPMA-SCP
2000 Main Street AUTHORIZED REPRESENTATIVE
Huntington Beach,CA 92648 /�, ����, _ _rt R f
1 V� �t�LX
ACORD 25(2018/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDm Yf I'I el Oh).- • 1 ;l )4..:. ;;:_
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JL GROUP, 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 JL GROUP, LLC hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to conduct a confidential
internal administrative workplace investigation; 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 Jeffrey B. Love 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.
22-11452/285522 1 of 12
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on June 6, 2022 (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 December
31, 2022. 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.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
22-11452/285522 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:
22-11452/285522 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
22-11452/285522 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;
22-11452/285522 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
22-11452/285522 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.
22-11452/285522 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 JL Group, LLC
ATTN: Brittany Mello ATTN: Jeffrey B. Love, P.C. Esq.
2000 Main Street 30025 Alicia Parkway#327
Huntington Beach, CA 92648 Laguna Niguel, CA 92677
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
22-11452/285522 8 of 12
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
22-11452/285522 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
22-11452/285522 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.
22-11452/285522 11 of 12
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
JL GROUP, LLC California
By: �) 9��
City Manager
print name INITIATED AND APPROVED:
ITS: (circle one)Chairman/President/Vice President
AND
Director of Administrative Services
By: APPROVED AS RM:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst. 7ECEIVE
orney
Secretary—Treasurer
AND FILE:
City Clerk
Date g1.20122
COUNTERPART
22-11452/285522 12 of 12
CONSULTANT, tCITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
JL GROUP, LLC California
By:
1, e City Manager
print name �'�'�/ INITIATED AND APPROVED:
ITS: (ci���.,„ate)('hai_rmun/P '9en1�' .'dent bAND ^m'a'�
Director of Administrative Services
By: APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief financial Officer/Asst. City Attorney
Secretary—Treasurer
Date
RECEIVE AND FILE:
City Clerk
Date
22-1 tas2n85522 12 of 12
COUNTERPART
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Workplace investigative services.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Status updates of the progress of the engagement.
2. Submit a comprehensive written report. The report will provide an executive summary
of the findings, the methodology used, a discussion of the evidence obtained, how
credibility issues were resolved, and detailed findings of the investigation. The
investigator shall not reach any legal conclusions, speculate regarding the legal
significance of any claim or defense, or make recommendations for discipline.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Inform consultant as to the facts and developments relevant to the investigation.
2. Provide complete and accurate information, including written materials when
requested and, in the context of an impartial workplace investigation, full access to
witnesses and documents.
D. WORK PROGRAM/PROJECT SCHEDULE:
The investigation shall commence no later than June 6, 2022, and proceed in a timely
matter to its conclusion. In the event that JL Group, LLC, finds that a completion date
later than December 31, 2022, is necessary, CONSULTANT and CITY shall convene
and agree on a specific time extension to a later date certain.
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:
Regular Billing Rates - (Attorney) $300.00 per hour—portal to portal
(Private Investigator) $210.00 per hour—portal to portal
Mileage Rate—at the IRS Federal Rate
Transcripts—$6.00 dollars per page
Post Investigation Billing Rate(Hearing, Deposition, Trial etc.) - $450.00 per hour(4-hour
minimums)
Paralegal Fees - $125.00 per hour
Other Forensic Experts — as quoted with permission from the Client sought before
engagement of needed services.
Standby Fee: 4 hours per day of standby/on-call at the regular billing rate for any hearing,
trial or proceeding related to Attorney's services to Client and/or cancelations without 72
hour notice.
B. Travel Charges for time during travel are not reimbursable.
C. Billiniz
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.
1
Exhibit B
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
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
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JL GROUP, LLC
FOR
WORKPLACE INVESTIGATIVE SERVICES
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.................................................................................................................................
29 Effective Date.................................................................................I I
JL GROUP, LLC
W O R K P L A C E SOL UTI ON S
30025 ALICIA PARKWAY. •52]
LAOUNA NIOUEL. CA 026]7
PH ON ( 40 E: 0 ) 1 282-8 TELE 81
FACSIMILE: (626) 771-0044
E-MAILS JLO V EOJLOROUP NET
PRINCIPALS
JEFFREY B.LOVE,ESQ.P.C.-
A-,-1-1 C..-TION
J EFFRY JOHNSON.ESQ.
June 9,2022
Sent Via E-mail
Ms. Brittany Mello
Administrative Services Director
Administrative Services Department
City of Huntington Beach
Dear Ms. Mello:
Pursuant to inquiry related to Worker Compensation liability insurance, our firm has no employees, as our
associates are all independent contractors. As such, we do not carry Workers Compensation liability
insurance.
Please call me if you have any questions.
Ve truly our
Jeffery B. Love, Esq.
Attorney at Law
JL Group, LLC
CC: File
k
OP ID:MN
,a►coRv� CERTIFICATE OF LIABILITY INSURANCE UATE(M7120
os/2120 2
22
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(tes)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
Michelle A Nowell
Alliance Mgt.8�insurance 5ery NAME:
F
355 Via Vera Cruz#7
760-471-7116 (AIC Ne:760-471-9378
CA Agent/Broker Lic#0737966 E A ORESS:mnowell@amiscorp.com
San Marcos,CA 92078 P
Michelle A.Nowell CR .JLGRO-1
INSURERS AFFORDING COVERAGE NAIC#
INSURED JL Group LLC INSURER A:Peleus Insurance Company 34118
1831 Bent Twig Lane INSURER B:HSB Specialty Insurance Co.
Tustin,CA 92780
INSURER C:
INSURER D:
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. NOTVATHSTANDING 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
LTR TYPE OF INSURANCE tNSR VJVn POLICY NUMBER IMMIOD1YYM (MMIDD1Y`YYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
RYRENTrry
A X COMMERCIAL GENERAL LIABILITY X PKV0001278 12/20/2021 12/20/2022 PREMISES Ea occurrence $ 100,00
CLAIMS-MADE a OCCUR MEO EXP(Any one person) $ 5,00
X Errors&Omission PERSONAL&ADV INJURY S 1,000,00
GENERALAGGREGATE S 4,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 1.000.00
X IPOLICY PRO• LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,00
A ANY AUTO PKV0001278 12/2012021 12/2012022 (Ea accident)
BODILY INJURY(Per person) S
ALL OWNED AUTOS
BODILY INJURY(Per accident) S
SCHEDULED AUTOS
APPR ED AS 0 FORM PROPERTY DAMAGE $
X HIRED AUTOS (PER ACCIDENT)
X NON-OWNED AUTOS - $
B $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00
ExcEss LIAe CITY ATTO NEY
A X CLAIMS-MADE UMV000033PTY OF HUNTIN Q}al�JAW 12/2012022 AGGREGATE $ 1,000,00
DEDUCTIBLE $
RETENTION S $
WORKERS COMPENSATION I WCSTATU- PER
EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE Y NIA E.L.EACH ACCIDENT S
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L DISEASE-EA EMPLOYE S
If yoa,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Cyber 6612216-01 08/1812021 08/18/2022 Cyber 1,000,00
A Professional Liab PKV0001278 1212012021 12120/2022 Occ/Agg 1115
DESCRIPTION OF OPERATIONS l OCAT[ N3I VEHICLES(Attach CORD 101,Addllfonal Remarks hsdule,If more space Is required)
The City of Huntington�eac i its directors o f cers,emplo Bea,an�
a e ts,are na 81 as a d itional insurec�w t respects Uthe wor
p�riormed ay Me named Insured.
Investigations,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 ACCORDANCE WITH THE POLICY PROVISIONS.
Sandy Henderson,IPMA-SCP
2000 Main Street AUTHORIZED REPRESENTATIVE
Huntington Beach,CA 92648 (L U„ _ _n n//
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: PKV0001278 COMMERCIAL GENERAL LIABILITY
CIGL 79 03 18
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 Organization(s) 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 11 — 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
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