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HomeMy WebLinkAboutE-12 Staff Report - JL GroupCONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALES, CITY MANAGER FROM: ROCKY WENRICK, CHIEF OF POLICE DATE: JUNE 17, 2024 SUBJECT: REQUEST TO APPROVE A 3-YEAR PROFESSIONAL SERVICES AGREEMENT WITH JL GROUP, LLC FOR INVESTIGATION SERVICES FOR CONFIDENTIAL EMPLOYMENT MATTERS BACKGROUND: The Police Department requires services for neutral fact-finding administrative investigations for confidential employment matters. The purpose of an administrative investigation is to support a decision to take or not to take disciplinary action. The goal is to impartially gather and compile all relevant evidence. The proposed action approves a Professional Services Agreement with JL Group, LLC for investigation services. RECOMMENDATION(S): Staff recommends the City Council take the following action: 1.Approve a Professional Services Agreement with JL Group, LLC, for Investigation Services for Confidential Employment Matters from July 1, 2024 through June 30, 2027 with the option for two, one (1) year extensions in an amount not to exceed $100,000 annually. 2.Authorize the City Manager to execute a contract, in a form acceptable to the City Attorney, on behalf of the City; and waive the competitive bidding process as authorized under Azusa municipal Code Section 2-517(14) - Attorney Services. ANALYSIS: JL Group, LLC has extensive experience in law enforcement personnel management practices and conducting law enforcement internal affairs investigations and independent administrative investigations. JL Group, LLC offers Attorney Services – Workplace Investigations (Background Investigations, Administrative Investigations and Audits. JL Group has a team of highly experienced investigators, which allow the Police Department access to a diverse team to select from year-round. Approved City Council June 17, 2024 Services needed throughout the year are difficult to estimate as investigatory needs are unpredictable and staff requires the ability to quickly solicit and deploy services when needed. Contracting services allows for a timelier resolution of workplace matters and good record keeping depending on Staff’s workload and priorities. Request for Proposals process was authorized by the City Council April 1, 2024. FISCAL IMPACT: These services are budgeted for fiscal year (FY2024-25) under the following Police Department accounts: 10 20 310 000 6301 – Legal Fees; 10 20 310 0000 6361 – Polygraph and Backgrounds; 26 20 310 000 6315– Accounting Auditing. Professional Services not to exceed $100,000. Prepared by: Reviewed and approved: Ericka Garcia Rocky Wenrick Management Analyst Chief of Police Fiscal Impact Reviewed By: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City M anager Attachments: 1) Professional Services Agreement with JL Group, LLC (Draft) 2) Request for Proposals (RFP) Staff Report 3) Investigation Services and Audits Proposal from JL Group, LLC 8513273_1 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this 1st day of July , 2024 by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and JL Group, a LLC with its principal place of business at 30025 Alicia Parkway, #327, Laguna Niguel, CA 92677 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Investigation Services for Confidential Employment Matters to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Investigation services as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Investigation Services for Confidentail Employment Matters necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. This agreement may be extended two additional one year terms with the approval of City Council. Attachment 1 JL Group, LLC Page 2 of 21 8513273_1 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jeffrey B. Love. 3.2.5 City’s Representative. The City hereby designates Robert Landeros, Adminitrative Captain, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. JL Group, LLC Page 3 of 21 8513273_1 3.2.6 Consultant’s Representative. Consultant hereby designates Jeffrey B. Love, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for JL Group, LLC Page 4 of 21 8513273_1 all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake JL Group, LLC Page 5 of 21 8513273_1 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel- powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, JL Group, LLC Page 6 of 21 8513273_1 unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury JL Group, LLC Page 7 of 21 8513273_1 and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self- insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). JL Group, LLC Page 8 of 21 8513273_1 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and JL Group, LLC Page 9 of 21 8513273_1 volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date JL Group, LLC Page 10 of 21 8513273_1 of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred thousand dollars ($100,000) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. JL Group, LLC Page 11 of 21 8513273_1 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the JL Group, LLC Page 12 of 21 8513273_1 subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: JL Group, LLC 30025 Alicia Parkway, #327 Laguna Niguel, CA 92677 Jeffrey B. Love, Esq JL Group, LLC Page 13 of 21 8513273_1 City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Rocky Wenrick, Chief of Police Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence. 3.6.2.2 Duty to Defend. In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain JL Group, LLC Page 14 of 21 8513273_1 unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. JL Group, LLC Page 15 of 21 8513273_1 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. JL Group, LLC Page 16 of 21 8513273_1 [SIGNATURES ON NEXT PAGE] JL Group, LLC Page 17 of 21 8513273_1 CITY OF AZUSA JL GROUP, LLC By: By: City Manager [Up to $10,000] OR Mayor [OVER $10,000] Name: Attest: Title: City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: A-1 8513273_1 EXHIBIT “A” SCOPE OF SERVICES Attorney Services – Workplace ivestigations (administrative investigation, background investigations and audits) B-1 8513273_1 EXHIBIT “B” SCHEDULE OF SERVICES Services to be used on an as- needed basis C-1 8513273_1 EXHIBIT “C” COMPENSATION C-2 8513273_1 City of Azusa FEE SCHEDULE Background Investigations Standard Background Investigation (6 wks) $2000 Per Background Expedited (4 weeks maximum) $2,500 Per Background JL Group LLC will not bill for any travel costs in the Southern California (Orange, Riverside, Los Angeles, and San Bernardino Counties) area unless pre- approved by the client. Costs associated to travel outside of the Southern California area must be pre-approved by the client in advance. JL Group LLC will not charge the full rate for background investigations that are terminated by the client during the early or mid-stages of the process. The client will only be billed for the hours worked up to the point of termination. In our experience, 90% of disqualifications generally occur by the Personnel File Review/Employer reference phase. Billing will be done on actual hours expended at a rate of $75 per hour. Background Investigator List •Investigator Ted Lopez •Investigator Robert Smith •Investigator Jason Kravetz CONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROCKY WENRICK, CHIEF OF POLICE DATE: APRIL 1, 2024 SUBJECT: AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS FOR SPECIALIZED LEGAL SERVICES FOR THE AZUSA POLICE DEPARTMENT BACKGROUND: To ensure the Azusa Police Department is appropriately supported in matters related to use of force, personnel/labor law and other specialized legal matters, it is requesting authorization to release a request for proposals. The services would be provided on an “on call” basis, could be a request for advice on a specific matter, review of a document, or more complex assistance related to California Government Code Section 3300 and internal affairs matters and the ability to coordinate independent administrative investigations. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Approve the release of the proposed Request for Proposals (RFP) for specialized legal services. ANALYSIS: Discipline for law enforcement officers in California is governed by a complex set of rules and laws established over a long period of time. The main set of rules is outlined in California Government Code Section 3300, also referred to as the Peace Officers Procedural Bill of Rights (POBOR). Memorandum of Understandings between the City and employee bargaining units also contain agreed to stipulations that can affect the discipline process. To this end, it is imperative that law enforcement agencies obtain legal services of highly specialized attorneys to provide sound legal advice regarding disciplinary matters involving sworn personnel and conduct thorough independent administrative investigations. The administrative investigations oftentimes involve sensitive matters, including but not limited to, officer-involved shootings, use of force, false arrest, and criminal misconduct. Furthermore, administrative investigations must be completed within a period of time (also known as the statute of limitations) as mandated by the California Government Code. Attachment 2 REQUEST FOR PROPOSALS FOR SPECIALIZED LEGAL SERVICES April 1, 2024 Page 2 Assuming multiple submittals are received, a selection committee consisting of representatives from the City’s Police Department, City Manager’s Office and other City departments will be formed to evaluate the proposals according to criteria described in the RFP. Upon City Council authorization, the selected applicant(s) will enter into a Professional Services Agreement with the City. FISCAL IMPACT: There is no fiscal impact associated with the proposed action since legal services is already an annual budgeted item in the Police Department budget. Once proposals are received and reviewed by staff, agreements above the City Manager’s signing authority ($50,000) will be presented to the City Council for approval consideration. Prepared by: Reviewed and Approved: Rocky Wenrick Sergio Gonzalez Chief of Police City Manager Attachment: 1) Request for Proposals – Request for Specialized Legal Services for the Police Department City of Azusa Request for Proposals: Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Questions Due: April 16, 2024 at 5:00 PM Proposals Due: May 2, 2024 at 5:00 PM Contact: Captain Robert Landeros Azusa Police Department City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attachment 1 Table of Contents I. Introduction 3 II. Background 3 III. Scope of Services 3 IV. Submittal Content and Procedures 5 V. Evaluation and Selection Process 5 VI. Professional Services Agreement 6 VII. Submission of Proposals 6 VIII. RFQ Timeline 7 IX. General RFQ Conditions 7 X. Award of Contract XI. Insurance XII. Consultant’s Responsibilities 8 8 Appendix A: Professional Services Agreement 8 I. Introduction The City of Azusa (“City”) is requesting qualified professional consultants (“Consultants”) to submit a written proposal to provide use of force, personnel, labor and employment legal services for the Police Department. This Request for Qualifications (RFQ) is expected to result in a contract for Professional Services, with a cost not to exceed the amount listed in the separate Cost Proposal. Inability to agree to a proposed not to exceed amount may result in the City accepting the next most qualified submission. The selected consultant shall perform the Scope of Work delineated in this RFQ. The consultant is encouraged to suggest additions or modifications to the scope that will enhance or clarify the services to be provided and any such suggestions should be incorporated into the RFQ submission. II. Background Azusa is located in the San Gabriel Valley in the eastern portion of Los Angeles County, 24 miles east of downtown Los Angeles at the base of the San Gabriel Mountains. Incorporated in 1898, the City’s population is approaching 50,000 residents and covers approximately ten square miles. Azusa has been recognized for its family-friendly environment and policies, promoting wellness and work/life balance. Housing costs are reasonable by Southern California standards and the estimated median income is over $56,000. The “home town,” ambience, locally sponsored special events, attractive parks, distinguished schools (including the prestigious Azusa Pacific University), interracial harmony, and friendly citizenry all add to the luster of Azusa. The City is a general law city operating under a Council/City Manager form of government. There are four elected at-large Council Members and one elected Mayor. The Mayor Pro-Tem is elected by the Council annually. The Department currently has an authorized strength of 68 sworn 30 civilian employees. The Department has a total of four recognized bargaining units, three for sworn personnel and one for the civilian workforce. III. Scope of Services Services The services sought include specialized legal advice in use of force, personnel and labor law matters. The services would be provided on an “on call,” basis, could be a request for advice on a specific problem, review of a document (including administrative reviews of officer-involved shooting and use of force incidents), or more complex assistance related to California Government Code Section 3300 and internal affairs matters and the ability to coordinate independent administrative investigations. Associate Counsel should demonstrate expertise in the following Service Areas: A. Ongoing Personnel and Labor Advice Service Area. Associate Counsel may be asked to respond to questions from the Chief of Police, Police Captains and Lieutenants with respect to personnel matters that arise on a regular basis. These could include disciplinary matters, including Skelly procedures and hearings; employment law, including suspension and termination procedures. B. California Government Code Section 3300. Also known as the Police Officers Bill of Rights (POBOR). Associate Counsel is expected to have a strong working knowledge of POBOR and related matters. C. Use of Force Service Area. Associate Counsel is expected to have a strong working knowledge of the California State laws related to the use of force (including deadly) by law enforcement and will conduct administrative reviews of use of force and officer-involved shooting investigations. D. Conduct Independent Investigations. The firm will be called upon periodically to coordinate independent administrative investigations into allegations of misconduct (both internally and externally), violations of Department policy, or other matters that tend to bring discredit to the organization. IV. Submittal Content and Procedures The following minimum information should be provided in each proposal and will be utilized in evaluating each proposal submitted. To expedite the evaluation of proposals, submittals should be no more than thirty (30) pages in length. i. Cover Letter The cover letter should indicate the full name and address of the law firm that will perform the services described in the RFQ. The firm should include the name and contact information for the individual making the proposal as well as the firm’s qualifications. ii. Consultant’s Prior Experience and Qualifications Provide examples of the last three (3) completed projects demonstrating the consultant’s current experience working with municipalities or other public agencies similar in size, scope and purpose. iii. References Provide three (3) client references applicable to the scope of services. Include contact names, telephone numbers and e-mail addresses. iv. Organizational Chart Identify all team members and their titles and responsibilities that each will perform. v. Team Member Resumes Provide a resume for all team members. vi. Management Overview and Approach Explain the proposed methodology that will be used and clearly demonstrate understanding of the objectives the project is intended to complete. The Consultant should provide a detailed work plan indicating how each task under the Scope of Services will be accomplished. vii. Fee Proposal As part of the cost and price proposal, the Proposer(s) shall submit proposed pricing to provide the services for each work task proposed in response to the Scope of Work. viii. Validity of Proposal A proposal shall be valid for acceptance for a period of at least 90 days from the closing date indicated in the solicitation, unless otherwise stated. V. Evaluation and Selection Process All proposals submitted will be reviewed and evaluated by the Evaluation Committee composed of City Staff for further consideration on the basis of the following criteria: • Consultant’s qualifications and experience; • Consultant’s knowledge of best practices in municipalities; • Consultant’s experience in completing projects similar in size, scope and purpose; • Consultant’s understanding of the Scope of Services; • Consultant’s detailed work plan to complete services; • Qualifications and experience of team members; • Overall quality of response to RFQ; and • Consultant’s fee proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City will establish a specific date to conduct interviews, and all prospective Proposer(s) will be asked to keep this date available. No other interview dates will be provided, therefore, if a Proposer(s) is unable to attend the interview on this date, its proposal may be eliminated from further consideration. The interview will likely consist of a short presentation by the Proposer(s) after which the Proposal Evaluation Committee will ask questions related to the firm’s proposal and qualifications. At the conclusion of the evaluation process, the Proposal Evaluation Committee may recommend to the City Council, a Proposer(s) with the highest final ranking or a short list of top ranked firms within the competitive range whose proposal(s) is most advantageous to the City. The City Council will review the Proposal Evaluation Committee’s recommendation and make the final selection. VI. Professional Services Agreement The selected consultant will be required to enter into a Professional Services Agreement with the City of Azusa which includes the City's standard Terms and Conditions including insurance requirements (Exhibit D). VII. Submission of Proposals and Inquiries All proposals must be received through PlanetBids by Thursday May 2, 2024 at 5:00 p.m. Proposals will only be accepted electronically and late proposals will not be accepted. All inquiries to this proposal shall be submitted via the City’s online PlanetBids. The deadline for all questions is Tuesday, April 16, 2024 at 5:00 p.m. Questions received after this date and time will not be answered. Only questions that have been resolved in writing will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP posted to the City’s PlanetBids portal. To reach the Cities PlanetBids portal please visit the following link: https://pbsystem.planetbids.com/portal/47476/portal-home VIII. RFP Timeline RFQ Release Date April 2, 2024 Deadline to Submit Questions April 16, 2024 Answers to Questions Published April 22, 2024 Deadline to Submit Proposal May 2, 2024 Evaluation Panel Screens Proposals May 3-6, 2024 Award of Contract Tentatively May 20, 2024 Start of Work June 1, 2024 IX. General RFP Conditions (a) The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. (b) The City reserves the right to withdraw or cancel this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Proposer(s) responding to this RFQ. (c) The City reserves the right to postpone proposal openings for its own convenience. (d) Proposals received by the City are public information and must be made available to any person upon request. (e) Submitted proposals are not to be copyrighted. (f) The City reserves the right to seek clarification of information submitted in response to this RFP. (g) The City reserves the right to modify the RFQ as it deems necessary. (h) Any material misrepresentations made by the Proposer(s) will void the proposal response and eliminate the Proposer(s) from further consideration. (i) Pre-Contractual Expense The City shall not, in any event, be liable for any pre-contractual expenses incurred by Proposer(s) in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by Proposer(s) in: i. Preparing its proposal in response to this RFQ; ii. Submitting that proposal to the City; iii. Negotiating with the City any matter related to this proposal; or iv. Any other expenses incurred by Proposer(s) prior to date of award, if any. (j) All materials submitted become the property of the City. X. Award of Contract The City of Azusa will receive competitive proposals from firms having specific experience and qualifications in the areas identified in this solicitation. Under competitive negotiation procedures, the terms of the service contract, the price of the service, the method of service delivery, and the conditions of performance are all negotiable. A negotiated contract will be awarded to the firm that best meets the proposed needs at a reasonable price, not necessarily at the lowest price. XIII. Insurance The selected Consultant will be required to enter into a Professional Services Agreement with the City of Azusa which includes the City's standard Terms and Conditions including insurance requirements (Attachment A). XIV. Consultant’s Responsibilities Following selection and execution of a Professional Services Agreement, the Consultant will meet with City Staff, the City’s (Owner’s) Representative, selected individuals and/or firms to discuss approach and expectations. The Consultant will meet on a regular basis with Robert Landeros, Police Captain, to review the progress of the work and to discuss any changes in direction or needed details. Upon request from City Staff, the Consultant will be required to submit a brief report on the current progress made within a specific project or task. APPENDIX A CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ________________, 20___ by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS: CORPORATION; LIMITED LIABILITY COMPANY; ETC.] with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF SERVICES] services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the [INSERT NAME OF PROJECT] project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE OF SERVICES] consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [INSERT START DATE] to [INSERT ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAMES]. 3.2.5 City’s Representative. The City hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME OR TITLE], or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits; and (4) Cyber Liability Insurance: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY] $1,000,000 per occurance or claim, $1,000,000 aggregate. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. [INCLUDE THIS SUBSECTION ONLY IF APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) Cyber Liability Insurance. [INCLUDE THIS SUBSECTION ONLY IF APPLICABLE - DELETE OTHERWISE] Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor/Contractor/Operator in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (E) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT WRITTEN DOLLAR AMOUNT] ($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the City Manager [REPLACE ‘CITY MANAGER’ WITH ‘CITY COUNCIL’ FOR AMOUNTS OVER $10,000]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [***INSERT NAME, ADDRESS & CONTACT PERSON***] City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: [***INSERT NAME & DEPARTMENT***] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence. 3.6.2.2 Duty to Defend. In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE] CITY OF AZUSA [INSERT NAME OF CONSULTANT] By: By: City Manager [Up to $10,000] OR Mayor [OVER $10,000] Name: Attest: Title: City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: EXHIBIT “A” SCOPE OF SERVICES [INSERT SCOPE] EXHIBIT “B” SCHEDULE OF SERVICES [INSERT SCHEDULE] EXHIBIT “C” COMPENSATION [INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES] [***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] EXHIBIT “D” FEDERAL REQUIREMENTS [***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***] ____________ 30025 ALICIA PARKWAY, #327 LAGUNA NIGUEL, CA 92677 TELEPHONE : (949) 282 -8181 FACSIMILE : (626) 771 -0044 E -MAIL: JLOVE@JLGROUP.NET May 2, 2024 Captain Robert Landeros Submitted Via PlanetBids Portal Only Azusa Police Department City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Re: JL GROUP, LLC’s Response to City of Azusa Request for Proposals: Use of Force, Personnel, Labor & Employment Legal Services, and Internal Affairs Investigations Captain Landeros: On behalf of JL Group, LLC (JL Group) thank you for the opportunity to submit the attached Response to the above-referenced Request for Proposals posting. Firm: JL GROUP, LLC 30025 Alicia Parkway, #327 Laguna Niguel, California 92677 (949) 282-8181 www.jlgroup.net Contact: Jeffrey B. Love, Esq. (949) 282-8181 jlove@jlgroup.net JL Group is a southern California-based firm providing professional workplace consulting and investigative services to both public and private entities. The Firm’s clients include more than 75 California municipalities, law enforcement agencies, special districts, educational districts and private sector companies. The Firm has extensive experience in law enforcement personnel management practices and conducting law enforcement internal affairs investigations and independent administrative investigations. JL Group Principals, Jeffrey Love and Jeffry Johnson, have a combined total of nearly 60 years of law enforcement experience, both having served at command/management levels in California law enforcement agencies. Both Principals are licensed to practice Attachment 3 Captain Robert Landeros- Azusa Police Department May 2, 2024 Page 2 law in the State of California. The Firm’s Associates include licensed attorneys and seasoned former law enforcement leaders, all with full perspective on best practices in all aspects of managing law enforcement personnel. If you have any questions regarding this correspondence and/or the attachment, please contact the undersigned at (949) 282-8181 or jlove@jlgroup.net. Respectfully submitted, Jeffrey B. Love, Esq. Principal JL GROUP, LLC Attachment: •JL Group, LLC’s Response to City of Azusa Request for Proposals: Use of Force, Personnel, Labor & Employment Legal Services, and Internal Affairs Investigations Response to Request for Proposals for USE OF FORCE, PERSONNEL, LABOR & EMPLOYMENT LEGAL SERVICES, AND INTERNAL AFFAIRS INVESTIGTIONS Submitted by: Jeffrey B. Love, Esq. on behalf of JL Group, LLC 30025 Alicia Parkway, #327 Laguna Niguel, California 92677 Telephone: (949) 282-8181 Facsimile: (626) 771-0044 E-mail: Jlove@jlgroup.net Website: www.jlgroup.net JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 1 JL GROUP, LLC – QUALIFICATIONS AND PRIOR EXPERIENCE JL Group LLC (JL Group) is a southern California-based workplace consulting group. Founded in 2006, the Firm has developed a team of highly-qualified former police executives, and licensed attorneys and private investigators, all with extensive experience in providing specialized employment services. The Firm’s clients include over 75 California municipalities, law enforcement agencies, special districts, educational districts, and private sector companies. Utilizing many years of practical law enforcement experience, executive management, and leadership, JL Group has conducted over 400 confidential, comprehensive, independent investigations of nearly every employee position/level of the public sector, including police and firefighter/paramedic personnel.1 The Firm has provided our clients with legally sound advice to navigate complex personnel legal issues with professionalism, integrity, expediency, and efficiency in conducting law enforcement internal affairs investigations, misconduct investigations of public officials, and public employee administrative investigations. JL Group Principals and Associates possess vast experience, training, legal background, and understanding of contemporary police operational and management methods . The Firm has provided legal advice to all levels of Command staff on police oversight matters, including, employment law, disciplinary process, and suspension and termination procedures, and advising on and recommending the best course of action from a legal standpoint. JL Group Principals and Associates are well-versed in current Federal and California case law and statutes in the criminal law field, and have a clear understanding of Government Code section 3300 (Public Safety Officers Procedural Bill of Rights) and other related authorities. Further, all Firm Principals and Associates are experienced and trained in Lybarger admonishments and Skelly procedures and hearings. JL Group Principals and Associates each have knowledge and familiarity with jurisprudence and statutes pertaining to confidentiality and privacy of personnel records and information, specifically in California Law, including the California Public Records Act. 1 JL Group has investigated and prepared comprehensive fact-finding reports in subject matters, that include, but are not limited to: Workers Compensation Case Reviews (including Sub Rosa); Administrative Investigation Reviews; Discrimination, Harassment and Retaliation Matters; Theft and Property Damage; Investigation Malfeasance; Technology Manipulation, Hacking or Abuse/Misuse of City Technology; Hostile Workplace and/or Bullying Complaints; Organizational Sabotage, Embezzlement, Misuse of Funds or Misuse of City Property; Whistle Blower and Ethics Hotline Inquiries; and Management/Executive Personnel Investigations, Administrative and Investigation Bureau Audits and Workplace Evaluations JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 2 JL GROUP, LLC – RECENTLY COMPLETED PROJECTS CITY OF ANAHEIM Year-long administrative investigation of current and former elected officials, current and former City staff, and management and staff of City -supported agencies (i.e., Chamber of Commerce, etc.) regarding allegations of violations of state and federal la ws, fraud, misuse and misdirection of public funds, Brown Act violations by City officials and others. Conducted a concurrent forensic accounting of campaign contributions in relation to City contracts awarded (10—year period). Conducted 150+ witness interviews; extensive document, data, evidentiary review (nearly 1 million emails; 100,000 City documents and records; forensic analysis of cell phones and laptops); and prepared comprehensive report of findings and recommendations with exhibits. CITY OF BARSTOW Administrative investigation of elected official for allegations of perpetual interference with City personnel hiring and management practices and administration of progressive discipline policies; repeated direction to City law enforcement personnel to ta ke inappropriate and illegal actions against City residents; inappropriate interactions with and sex/gender discriminatory actions against female City staff; threatening negative job actions aimed at City Department Directors and Managers; interfering with Public Works projects and publicly threatening Public Works employees with negative job actions; engaging in acts of retaliation and manipulation toward City staff; failure to report damage to parked City vehicle caused by personal vehicle (hit -and-run); publicly accusing City employees, community leaders, and volunteers of active affiliations with white supremacist organizations; breaches of confidentiality in personnel matters; and violations of the Brown Act. Conducted 20+ witness interviews of elected and non -elected City officials, City staff, volunteers and residents; extensive document and evidentiary reviews; prepared comprehensive Report of Findings (216 pages, plus attachments) CITY OF LA MESA POLICE DEPARTMENT Administrative Investigation – Complaints by law enforcement officers against supervisor alleging racial discrimination, sexual harassment, gender -based discrimination, inappropriate comments concerning others in the workplace and general complaints of workplace incompetency and misuse of supervisory authority. Conducted 20+ witness interviews, extensive document and evidentiary reviews; prepared report of findings (175 pages, plus attachments). JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 3 JL GROUP, LLC – REFERENCES City of La Mesa 8130 Allison Avenue, La Mesa, California 91942 Amanda Lee, Assistant City Manager (619) 667-1311 asstcitymgr@cityoflamesa.us City of Montebello 1600 W. Beverly Blvd., Montebello, California 90640 Michele Cook, Human Resources Manager (323) 877-1377 MCook@cityofmontebello.com City of Santee 1061 Magnolia Avenue, Santee, California 92071 Rida Freeman, Director of Human Resources (619) 258-4100, ext. 262 rfreeman@cityofsanteeca.gov JL GROUP, LLC - KEY PERSONNEL FOR THIS PROJECT JL Group has the requisite personnel, extensive law enforcement leadership and legal experience, knowledge, skills, and support sought by the City of Azusa’s Police Department to fulfill the scope of services outlined in the City’s RFP. Jeffrey B. Love, Esq., JL Group, LLC Senior Attorney/Investigator (CV Attached) Attorney Love is the founder and Managing Principal of JL Group. He was admitted to practice law in the State of California in 1994. He also has 30 years of law enforcement experience at all levels from Patrol to Command/Management in California law enforcement agencies. Attorney Love previously worked for the Irvine Police Department for nearly 30 years, retiring at the rank of Lieutenant. During his law enforcement career, he developed extensive knowledge of organizational responsibilities, functions, polices, and procedures. While serving at executive levels, he attained knowledge of and proper techniques in law enforcement training and instruction (including use of force), work performance evaluation, and internal affairs investigations, as well as experience working with elected officials, citizen groups, committees, and advisory boards. Attorney Love has a Bachelor of Science degree in Management from the University of San Francisco, and obtained his Juris Doctorate from Western State University, College of Law. JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 4 Jeffry L. Johnson, Esq. – JL Group, LLC Senior Attorney/Investigator (CV Attached) Attorney Johnson was admitted to practice law in the State of California in 1990. He previously served with the Long Beach Police Department for 29 years, retiring at the rank of Commander. During his law enforcement career, Attorney Johnson worked, supervised, and managed numerous and diverse investigative units, including internal affairs. Attorney Johnson has a Bachelor of Science degree from Chapman University/Taft University, a Master’s Degree in Public Administration from California State University, Long Beach, and obtained his Juris Doctorate from Taft University School of Law. Attorney Johnson is also a graduate of the FBI National Academy (Class185). Agnes M. Szkopek, Esq. – JL Group, LLC Associate Attorney/Investigator (CV Attached) Attorney Szkopek was admitted to practice law in the State of California in 2009. She received her Juris Doctorate from the Northwestern California School of Law. She is a skilled litigator with experience in conducting comprehensive law enforcement personnel investigations, and providing legal advice on police personnel labor issues . Mike Peters, Esq., JL Group, LLC – Associate Attorney/Investigator (CV Attached) Attorney Peters is a trial attorney with more than 36 years of litigation experience in both the private and the public sector. He previously served for 11 years with the Long Beach City Attorney’s Office as a Trial Deputy City Attorney. Since 2007, Attorney Peters has served as Special Counsel to the City of Long Beach and has provided legal services in connection with Civil Service disciplinary hearings to all 23 departments of the City. He has tried to verdict 25 jury trials in State and Federal Courts and has prosecuted more than 150 administrative hearings before Administrative Law Judges, private hearing officers, and the Civil Service Commissions of the Cities of Long Beach and Newport Beach. Attorney Peters received his Bachelor of Business Administration , with an emphasis in Finance, from Loyola Marymount University and his Juris Doctor from Western State University School of Law in Fullerton, California. Mr. Peters also attended King’s College in London, U.K. JL GROUP, LLC – SCOPE OF SERVICES/PROJECT MANAGEMENT APPROACH JL Group personnel possess the requisite education, knowledge, qualifications, and experience to fulfill, on an on-call basis, the scope of services outlined in the City of Azusa’s Request for Proposals, including, but not limited to: •Providing legal advice to Command staff with respect to labor and personnel issues as they arise; JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 5 •Applying Federal and California case law and statutes in the criminal law field, including Government Code section 3300 (Public Safety Officers Procedural Bill of Rights) and other related authorities, provide advice and conduct administrative reviews on matters related to the use of force and officer-involved shooting investigations; and •Coordinating independent administrative investigations into allegations of misconduct (both internally and externally), violations of Department policy, and/or other matters that tend to bring or cause discredit to the agency. PROJECT APPROACH Attorney Love will act as the primary contact and Project Manager for this contract assignment. Once contacted by designated Department personnel that an issue has presented requiring the Firm’s advice and/or action, Attorney Love will, on a case-by-case basis, assign the appropriate Firm Attorney(s) to respond. At the onset of each assignment/matter, Attorney Love and JL Group personnel assigned to the matter will develop a plan of specific actions , which, generally, may include the following: •Establishing the most effective and appropriate course of action to be taken, with consideration of any possible legal issues, concerns, and/or ramifications that should be addressed. •Reviewing relevant documentation, polices, and procedures for each issue being addressed. •Offering legal guidance and advice on the rights and obligations of all parties to the issue or matter being addressed. •Ensuring that all legal representation services provided by the Firm comply with all Federal, State and local laws, statutes, ordinances, rules and regulations . •Providing status reports for each open matter, when requested by designated Department personnel. •Upon completion of each matter, conducting a debriefing session with designated Department personnel to review any possible legal ramifications or implications that might arise as a result of conclusion of the project. All work conducted under any contract for this project will be performed in a confidential manner, and no information concerning any the work performed by JL Group will be disclosed unless directed to do so by the City of Azusa, or by a court of proper jurisdiction. JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 6 JL GROUP, LLC - TOTAL COSTS NOT TO EXCEED QUOTE SUBMITTED SEPARATELY VIA PLANETBIDS PORTAL continued on next page JL Group, LLC Response to City of Azusa RFP For Use of Force, Personnel, Labor & Employment Legal Services and Internal Affairs Investigations Page 7 Dated: May 2, 2024 JL GROUP, LLC By:___________________________ Jeffrey B. Love, Esq. Attorney at Law/Principal Attachments: Jeffery B. Love, Esq. (CV) Jeffry L. Johnson, Esq. (CV) Agnez Szkopek (CV) Mike Peters, Esq. (CV) The undersigned hereby represents that he has the authority to bind JL Group, LLC to the provisions stated herein and that the Cost Proposal provided herewith shall remain valid for a period of at least ninety (90) days from the date this proposal is submitted. We look forward to the possibility of working with the City of Azusa and the Azusa Police Department in this endeavor. If you have any questions regarding this document or any of the attachments, please contact the undersigned at (949) 282-8181 or jlove@jlgroup.net. CURRICULUM VITAE Jeffrey B. Love Attorney at Law 30025 Alicia Pkwy. #327 Laguna Niguel, CA 92677 (949) 282-8181 lovejb@gmail.com ____________________________________________________________________________________________ __ Education: Senior Management Institute for Police August 2002 Harvard University, Kennedy School Of Government, Boston, MA Juris Doctor Degree December 1992 Western State University, College of Law, Fullerton, CA Honor Roll, Dean's List American Jurisprudence Awards Evidence (tie) Summer Fellowship Program July-August, 1991 Trinity College, Cambridge University, Cambridge, England Comparative US/UK Law, EEC Law, Int'l. Human Rights Law, AIDS Privacy Law Bachelor of Science Degree December 1987 University of San Francisco, San Francisco, CA College of Professional Studies/Orange County Campus Organizational Behavior/Management Graduated Magna Cum Laude Experience: Consultant/Attorney (President) April 2006 to present Jeffrey B. Love, P. C., JL Group, LLC, Laguna Niguel, CA As a neutral fact-finder, in charge of complex administrative investigations for various municipal police departments, school districts, fire departments and cities. Conducting of management audits, studies and inspections. Expert witness experience related to various litigated matters. Engaged as a neutral hearing officer on various matters relating to municipal law. Providing limited legal services. Police Lieutenant (Retired) April 1979 to August 2006 City of Irvine Police Department, Irvine, CA A member of the management team of the Irvine Police Department. Assignments included a command level position as the Executive Officer for the Chief of Police responsible for future projects, legislative analysis and media relations. Previous responsibility for over 50 employees including Office of Professional Development, Canine, Crime Scene Investigation, Entertainment Venue Officers, Patrol and the civilian employee programs. Lieutenant and founder of the Professional Standards Unit in charge of internal affairs investigation, risk management, criminal intelligence and as the Police Legal Advisor to the Chief of Police and the management staff. LOVE - 1 Ciriculum Vitae – Jeffrey B. Love Adjunct Professor/Lecturer August 2005 to present California State University Long Beach, Long Beach, CA Adjunct Professor in the Criminal Justice Department of a California State University responsible for instructing coursework at the university level in various aspects of criminal justice curriculum at the undergraduate and graduate level. Adjunct Professor January 2008 to May 2010 Concordia University, Irvine, CA Adjunct Professor in the Sociology Department of a private Lutheran university responsible for instructing coursework at the university level in various aspects of criminal justice curriculum at the undergraduate level. Attorney at Law (Of Counsel) December 1995 to May 2006 The Law Firm of Jones and Mayer, Fullerton, CA Assignments as attorney involved in internal affairs investigations for various police and governmental agencies as well as performing office and court related duties as the deputy city prosecutor for various municipal agencies. Police legal advisor to chiefs’ of police. Attorney at Law (Principal) December 1994 to April 2006 The Law Offices of Jeffrey B. Love, P.C., Trabuco Canyon, CA Sole practitioner with practice related to consumer law matters, consultation regarding sexual harassment investigations and litigation, administrative investigations, business litigation and various other legal matters. Affiliations:Past Committee Chair – Southern Section CPOA Police Legal Advisors Member, California Bar Member, Orange County Bar Association Mentor, Badge and Gavel Society Member, Police Executive Research Forum Member, Orange County Press Club Additional Skills: Legal Analysis, Investigations, Neutral Hearing Officer, Management Practices, Expert Witness in Various Aspects of Law Enforcement Practices, Labor and Hiring Issues, Media Relations, Public Speaking and Teaching, Certified Domestic Violence Counselor, State Certified Mediator Teaching/ Consulting: Adjunct Professor– Concordia University in the area of criminal justice curriculum and sociology. Adjunct Professor– Cal. State University Long Beach in the area of criminal justice curriculum and within the Forensic Certification Course. Lecturer – V.T. & Associates regarding sexual harassment investigations Co-authored: “Sexual Harassment/Hostile Work Environment Investigation” Lecturer – The Wright Group regarding work place violence issues Lecturer – The Irvine Police Department regarding internal affairs investigations and LOVE-2 Ciriculum Vitae – Jeffrey B. Love work place violence issues Lecturer – Various Workers’ Compensation Management Groups regarding work place violence issues Lecturer – Orange County Police Chaplains’ Association regarding priest/penitent privilege. Consultant/Expert Witness – The Oceanside Police Department regarding sexual harassment litigation. Consultant/Expert Witness -- The El Cajon Police Department regarding sexual harassment litigation. Consultant -- The City of Chino regarding sexual harassment and work place violence issues. Consultant – The City of South El Monte regarding sexual harassment matters. Consultant – The University of California at Riverside Police Department regarding sexual harassment issues. Consultant – The City of El Segundo regarding worker’s compensation fraud. Consultant – Ventura County Community College District, Maywood Police Department, Huntington Park Police Department, Southgate Police Department, Poway Fire Department, City of Ontario, Monterey Park Police Department, Hermosa Beach Police Department, City of Whittier, City of Lynwood, City of La Quinta, Coachella Valley Mosquito and Vector Control District, City of Torrance, Port of Long Beach, City of Hesperia and several others agencies regarding internal affairs/administrative investigation matters, management audits and neutral hearing services. Consultant/Trainer – The Torrance Police Department regarding police officer court testimony. Consultant/Volunteer – The Women’s Walk-in Resource Center, Fullerton, California regarding organizing and staffing a monthly legal clinic for indigent clients. Deputy City Prosecutor – City of La Mirada, City of Brea, City of West Covina, City of Upland, City of Rolling Hills Estates References: Available upon request LOVE - 3 JEFFRY LELAND JOHNSON 360 E. First Street #642 Tustin, California 92780 Bus. (714) 838-1968 w Cell (714) 272-0015 Email: Insightinvest@att.net PROFESSIONAL EXPERIENCE Twenty-nine years as a police officer (Long Beach Police Dept.), retiring as a commander. Extensive investigative experience, Detective of the Year (LBPD). Extensive internal affairs experience, served as the commanding officer of Detectives, Communications, Patrol Divisions, Custody, Juvenile and Training. Served as a subject matter expert for POST (Police Force), legal expert preparing annual POST Legal Updates. Police academy instructor on use of force, laws of arrest, evidence, etc. for twenty years. Court qualified police force/practices expert; testified numerous times in court and administrative hearings. Since 2011 has worked private investigations specializing in workplace investigations. Extensive experience with police, fire, sexual/workplace harassment, and workplace violence investigations. Also volunteer Legal Aid Hotline Attorney (LASOC). EDUCATION •Master of Public Administration Degree, California State University, Long Beach •Juris Doctor Degree, Taft University School of Law •Bachelor of Arts Degree, Chapman University and Taft University •Member, California Bar Association since 1990 (Bar# 147050). •FBI National Academy Graduate (Class 185) •Certified Taser Instructor AWARDS & HONORS •Long Beach PD - Detective of the Year •Silver Star for Bravery – American Police Hall of Fame •Numerous Unit Citations – LBPD •National Deans List •The Honor Society of Phi Kappa Phi •Pi Alpha Alpha Honor Society •Member, Assn. Workplace Investigators, Inc. PUBLICATIONS Published numerous articles on police force and practices in professional journals such as Police Chief Magazine, Journal of California Law Enforcement, Criminal Justice Policy Review, Police One, Police Officer Research Association of California Law Enforcement, and the AELE Monthly Law Journal. Currently has a book publishing contract (History Pub. Co.) and is doing final edits book on police force and video. JOHNSON - 1 A. Monica Szkopek ______________________________________________________________________________________ 22287 Mulholland Highway #153 Calabasas, CA 91302 818-391-9230, aszkopek@jlgroup.net PROFESSIONAL EXPERIENCE  SBN 263760, admitted 2009, civil litigator Since March of 2022 to present, JL Group, LLC, workplace investigations. Since October 2015 to present, Abir Cohen Treyzon Salo, LLP, commercial/business litigation, contract and corporate governance disputes, insurance bad faith, catastrophic personal injury, wrongful death, civil rights, negligence, real property, construction defect cases; both billable and contingency matters, plaintiff and defense. -first and second chair trial counsel, full scope law and motion and discovery, handling cases from pre-litigation through settlement, trial or arbitration, collections and appeal. February 2014 to October 2015, lemon law litigation at Strategic Legal Practices, APC. From the bar admission in 2009 to February 2014, healthcare litigation, representing hospitals in actions against the State of California, other Medicaid programs, Medicare, Veterans Administration and commercial payers, over unpaid hospital bills. -handling litigated or arbitrated matters all the way to trial, writ, or an administrative hearing (depending on the entity defendant), in disputes arising under contracts and controlling healthcare statutes; -managing several departments of analysts and paralegals, overseeing mass litigation, motion practice, supervising other associates, mentoring and case assignments, client outreach through seminars and guidance on complex healthcare reimbursement issues. EDUCATION  Northwestern University California School of Law SZKOPEK - 1 Michael M. Peters, Esq. MEDIATION EXPERIENCE Beginning in 2008, Michael M. Peters began serving as a Mediator for the Los Angeles County Superior Court’s Mediation Panel. Besides hearing general civil litigation matters, Mr. Peters also served on the Pro Bono Mediator Panel hearing and mediating cases referred by the Superior Court in Limited Jurisdiction, Small Claims and Restraining Order matters. Mr. Peters has participated as a mediator in hundreds of cases as both, a mediator and as a litigator where he presented cases on behalf plaintiffs and defendants in public and private sector employment cases, business, contract, real estate disputes, probate and trust matters and personal injury cases. PROFESSIONAL AFFILIATIONS AND ADR TRAINING Mr. Peters has been a member of the Los Angeles County Bar Association, the Long Beach Bar Association, the State Bar of California, the Southern California Mediation Association, the American Board of Trial Advocates, and the Million Dollar Advocates Forum. He has completed the Los Angeles County Bar Association’s Advanced Mediation Skills Program, Pepperdine University’s School of Law - Strauss Institute for Dispute Resolution’s Mediating the Litigated Case Course and the Strategic Negotiations Skills Program at Lipscomb University, Nashville, Tennessee. Mr. Peters has also completed the Peacemakers Ministries, Conflict Coaching & Mediation program. EMPLOYMENT AND EDUCATION Mr. Peters is also a trial attorney with more than 36 years of litigation experience in both, the private and the public sector. Mr. Peters began his legal career in 1986 at the Newport Beach Office of Knapp, Petersen & Clarke, spent 11 years with the Long Beach City Attorney’s Office as a Trial Deputy City Attorney, transitioned back to private practice as a litigation partner with Taubman, Simpson, Young & Sulentor for six years before founding his own firm in 2008. PETERS 1 Since 2007, Mr. Peters has served as Special Counsel to the City of Long Beach and has provided legal services in connection with Civil Service disciplinary hearings to all 23 departments of the City. Mr. Peters has tried to verdict 25 jury trials in State and Federal Courts and has prosecuted more than 150 administrative hearings before Administrative Law Judges, private hearing officers, and the Civil Service Commissions of the Cities of Long Beach and Newport Beach. Mr. Peters received his Bachelor of Business Administration with an emphasis in Finance from Loyola Marymount University (1982) and his Juris Doctor (1985) from Western State University School of Law in Fullerton, California. Mr. Peters also attended King’s College in London, U.K. PETERS 2