Loading...
2019/07/01 Arroyo Background Investigations Menifee Police Department: Professional Background Investigation ServicesCI'IY OF N{t]NIF-EE PROFESSIONAI, SER\/I(]ES ACREEMENT MENIFEE POLICE DEPAR.I.MEN.I.: PROFESSIONAL BACKGROUND INVESTIGATION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective itis /lfuay ofo<,4hmh.C ZOtr) ("Effective nate"l by and between the CITY OF MENIFEE, " Efiirorriu i6iffi co,po.ation, ("City") and ARRoYo BACKGROUND INVESTIGATIONS, a A Califomra Sole Propietorship ("Consultant"). City and Consultant may sometimes herein be refened to individually as a "Party" and collectively as the "Parties." SECTION I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City thc scrvices described in the Scope ofScrvices, attachcd hereto as Exhibit A and incorporated herein by (his reference (the "Services"). Consultant will perform subsequent task orders as rcqucstcd by thc Contract Administrator (as dcfincd bclow), in accordance with the Scopc of Services. ln the event ofa conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. l.l Tenn of Services. The term of this Agreenient shall begin on July l, 2019 and shall cnd on June 30, 2020 unless the tenn of tlris Agrccment is otherwise terminatcd or cxtcndcd as provided lor in Section 8. The time provided to Consultant to complete the Services required by this Agrccmcnt shall not affcct City's right to tcnninate this Agreement, as providcd fol in Section U. 1,2 StandardofPerformancc. Consultant rcprcscnts and warants that Consultant is a provider of first class work and services and Consultant is experienced in perlbnning the Servtces contcmplatcd hcrein and, in light of suclr status and cxperience, Consultant shall perform thc Services required pursuant to this Agreement in the ntanner and according to the standards obscrucd by a cornpctent practitioncr of the profession in which Consultant is engagcd in tlic geographical area in which Consultant practices its profession and to lhe sole satisfaction of the Contract Administrator. L.i Assigrrnre nt of Personncl Consultant shall assign only competent personnel to pcrform thc Scn'iccs pursuant to Agrcclncnt. In thc cvcnt that City, in its solc discrction. at any tinre during the terr11 of this Agreement, desires the Ieassignl'nent of any such persons, Consultant shall, imrncdiatcly upon lccciving noticc frorn City ofsuch dcsirc of Crty, rcassign such pclson or pcrsons. 1.4 Tiure. Consultant shall devotc such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consr.rltant's obligations hercundcr. t6I/01lE58-000t '161042l 2 !07/10/lq L5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the tenns of this Agreemenl until receipt of authorization fronr the Contract Administrator'. SECTION 2. COMPENSATI0N. City hereby agrees to pay Consultant a sum not to exceed SEVENTY FM THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be perforn,ed and reimbursable costs incurred under this Agreement. In the event ofa conflict between this Agreemetlt and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. Cityshall pay Consultant lor the Services rendered pursuant to this Agreement at the time and in the tnanner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services perfomred by more than one person. 2.1 Invoices. Consultant shall submit invoices nronthly during the term of this Agreement, based on the cost for the Services perfonned and reimbursable costs incurred prior to the invoice date. Invoices shall contarn the following intbrmation: a. Serial identifications ofprogress bills; i.e., Progress Bill No. I for the first invoice, etc.; b. The beginning and ending dates ofthe billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City's option, for each item in cach task, a copy of the applicable tirne entries or time sheets shall be submitted showing the nalre of the person perfonning the Services, the hours spcnt by cach pcrson, a brief dcscription of thc Services, and each reimbursable expensei e. The total numbcr of hours of work pcrformcd undcr this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complcte the Serviccs describcd in Exhibit A; Receipts for expenses to be reimbursedi The Consultant Representative's signature. Invoices shall be submitted to f. 167 t/0_, I 858-000 r 16!041t 2 rO7i30t19 -2- City of Menifee Attn: Accounts Payable 29844 Haun Road Menifee. CA 925 86 2.2 Monthly Payrnent. Cit y shall nrake nronthly payments, basctl on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt ofan invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment,City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisf'actorily perfbrmed 2.4 Total Payment. Cit y shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall nrake no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maxirnum amount of compensation provided above either for a task or for the entirety of the Services pertbrmed pursuant to this Agreement, unless this Agreement is nrodified in writing prior to the subrnission ol such an invoice. 2.5 Hourly Fees. Fees lor the Services perfonned by Consultant on an hourly basis shall not cxceed the amounts showtt on thc tce schcdulc includcd with Exhibit A 2.6 Reimbursa ble Expenses. Reimbursable expenses are included within the maxttnum amount of this Agreement. 2.7 Pavment olTaxes. Consultant is solel y responsible for the payment ofemploylent taxcs incurred under this Agrccmcnl and any fedcral or statc taxcs 2.8 Pavnlent upon Terurinatiou. Irr the event that Ci ty or Col.rsultaltt tenninates this Agreemcnt pursuant to Scction 8, City shall compensate Consultant fbr all olltstanding costs and reimbursable expenses incumed for Services satisfactorily completed and for reimbursable expenses as ofthc date of writtcn noticc oftcnnination. Consultant slrall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQUIPMENT. Excepl as otherwise provided, Consultant sliall, at its sole cost aud expense, provide all facilities and equiprnent necessary to perform the services requited by this Agreement. City shall prake available to Consultant only physical facilities such as desks, fi[ing cabinets, and conference space, as may be reasonably necessaty for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and tirne of hlnishing those facilities shall be rn the sole discrction of City. [n no evcnt shall City be required to fumish any facility that may involve incurring any direct expetrse, including but not limited to computer, long-distancc telcphonc or other communication charges, vchicles, and reproduction facilities. t6?t/0J 1858,000t 7610421.2 !07/10/19 -J 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Ernployer's Liability Insurance for any and all persons errployed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia Labor Code. Statutory Workers' Compensation Insurauce and Eniployer's Liability Insurance shall be plovided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS (S 1.000.000.00) disease per ernployee, and ONE MILLION DOLLARS ($ I ,000,000.00) disease per policy. In the altemative, Consultant rnay rely on a self- insurance progralr to nleet those requirements, but only if the program of self-insurarlce complies fully with the provisions of thc Califomia Labor Code. Detcrmination of whethcr a sclf-insurancc program me€ts the standards ofthe Califomia Labor Code shall be solely in the discretion of the Contract Administrator. The insurcr, ifinsurance is provided, or Consllltant, ifa program ofself- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, cmployecs, and authorized voluntcers tbr loss arising fioln the Services pcrfbnned under this Agreement. il General requirenrents. Consultant , at its own cost and expense, shall maintain courmercial general and automobile liability insurance for the tenn of this Agreement in aD amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single lirnrt coverage, fbr risks associated with the Services contemplated by this Agreernent, TWO MILLION DOLLARS ($2,000.000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/cornpleted operations aggregate. lf a Conrrnercial General Liability Insurance or an Automobile Liability Insurauce fomr or other fornr with a general aggregate lirnit is used, either the general aggregate limit shall apply separately to the Services to be perfonned under this Agreement or the general aggregate limit shall be at least twice the rcquired occurrcncc lirnit, Such covcrage shall includc but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to propcrty resulting from thc Scrvices contemplatcd under this Agreemcnt, including the use ofhired. owned. and non-owned autonrobiles. b. Minimum scope of coveraqe. Commercial general coverage shall be at Ieast as broad as Iusurance Services Office Commercial General Liability occurrence fonn CG 0001 -4-:67 t/031858-0001 ?610421 2 10?/10/1, SECTION 4. INSURANCE REQUIREMENTS. Befbre beginning any work uuder this Agreement, Consultant, at its own cost alrd expense, shall procure the types and amounts of insurance checked below and provide Celtificates of IDsurance, indicating that Consultant has obtained or currently maintains insurauce that meets the requirements of'this section and which is satisfactory, in all respects, to City. Consultant shall niaintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant's compensation. Consultant shall not allow any subcolltractor, consultant or other agent to cornnlence work on any subcontract until Consultant lras obtained all insurance required l.rerein fbr the subcontractor(s) and provided evidence thereofto City. Verification of the required insurance shall be subrritted and made part of this Agreement plior to executioll. Consultant acknowledges the insurance policy nrust cover inter-insured suits bctween City and otlrer lnsureds. 4.2 Comrnercial General and Automobile Liabilitv Insurance. Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 Code 2. 8, and 9. No endorsement shall be attached limiting the coverage. Additional requirernents. Each of the tbllowin g shall be includccl in theC insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure ofConsultant to comply with reporting provisions ofthe policy shallnot affect coverage provided to City and its officers, employees. agents, and volunteers. a. General requirements. Consultant, at its own cost and expense, shall maintain for thc pcriod covered by this Agrcement professional liability insurance for licenscd professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($ 1 ,000,000) covcling the licenscd prol'cssionals' cn ors and omissions. Any deductible or selt'-insured retention shall be shown on the Certificate. lf the deductible or self-insured retention cxceeds TWENTY-FIVE THOUSAND DOLLARS ($25.000), rt must be approved by City. b. Claims-made limitations. The followin g provisions shall apply if the prol'essional liability coverage is written on a claims-made form: a. Thc retroactivc datc of the policy must be slrown and must be no later than the commencement of the Services. b. lnsurancc must be maintained and cvidence of insurance must be provided for at least five (5) years after the expiration or ternrination of this Agreemcnt or completion of the Serviccs, so long as commercially available at reasonable rates. c. If covoragc is canccled or not fcncwcd and it is not rcplaccd with another claims-rnade policy forrn with a retroactive date that precedes the Effective Datc of this Agreement, Consultant must provide cxtendcd reporting coverage for a nrinimum of hve (5) years after the expiration or termination of this Agreement or the completion ofthe Scrvices. Such continuation coverage may be provided by one ofthe following: (l ) renewal ofthe existing policy; (2) an extended reporting pcriod endorsement; or (3)rcplacement insurance with a retroactive datc no later than the commencement ofthe Services under this Agreement. City shall have the light to exercise, at Consultant's sole cost and cxpcnse, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of thc claim reporting requirements must bc submitted to City prior to the commencement of the Services under this Agreement. t6?l/0t 1858-000r 7610421 2 dO1/30/1,-5- 4.3 ProfcssionalLiabilitvlnsurance. 4.4 All Policies Requirements Acceptabilitv of insurers. All insurance re quired by this Section is to beil placed wrth insurets with a Bests' rating of no less than A:VII and adnritted in Califbrnia b, Verification of coverage. Prior to be ginning tlie Services under thrs Agreenrent, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additionaI insured status complete certified copies ofall policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show tlie signature of a person authorized by that insurer to bind coverage on its behalf'. The Certificate of Insurance must include the tbllowing ref-erence: MENIFEE POLICE DEPARTMENT: PROFESSIONA L BACKGROUND INVESTIGATION SEIIVICES. The name and address for Additional lnsured endorsernents Certificates of lnsurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City r.nust be endorsed as an additional insured for liability arising out of ongoing and cornpleted operations by or on behalf of Consultant. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written noticc to City u,ithin ten ( I0) u,orking days if: ( l) any of the recluired insurance policies is tenninated; (2) the linrits ofany ofthe required polices are reducecl; or (3) the deductible or selfinsured retention is increased. d. Additional insured primary insurance. Ci ty and its ofticers, en.rployees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: Iiability arising out of the Services perfbrmed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and conrpleted operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and autornobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special lirnitations on the scope of protection aftbrded to City or its officers, employees, agents, or authorized volunteers. The insurauce provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue fbr one ( l) year after the expiration or tenrination ofthis Agreement or colrpletion ofthe Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its of'ficers, otficials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-insured Retentions. Consultant shall obtain the c. e written approval of City ibr the self-insured retentions and deductibles before beginning any ofthe Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its oflicers, employees, agents, and volunteers. The Contract Adrninistrator may condition approval of an increase in deductrble or seltinsured 6 :67tx)1r 858-000r ?6:10421 2 a07/10/le retention levels with a requirement that Consultant procure a bond guaranteeing payment oflosses and related investigations, claim adrninistration, and defense expenses that is satisfactory in all respects to eac['r of them. f. Subcontractors. Consultallt shall include all subcontractors as iusureds under its policies or shall fumish separate celtificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all ofthe requirements stated herein. g. Variation. The Colitract Administrator may, but is not required to, approve in writing a variation rn the foregoing insurance requirentents, upon a determination that the coverage, scope. lirlits, and fomrs of such insurance are eitlier not courmercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are altematives to other remedies City may have and are not the exclusive remedy for Consultaut's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any paymcnt that becomes duc to Consultant hereundcr, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or C Tcminate this Agrccnrcnt SECTIOl- 5. IN DEI\{N IFICATIO}-. 16? t/01l85E-0001 7610421 2 a07l10/19 -7- 5.1 Indemnification for Professional Liability. Where the law cstablishes a professional standard of care for perlbrmance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protcct, defend (with counsel selected by City), and hold harmlcss City and any and all of its officers, eniployees, officials, volunteers, and agents from and against any and all claims, losses, costs, damagcs, expcnses, Iiabilities, liens, actions, causes of action (whether in tort, contract, under statule, at law, in equity, or otherwise) charges, awards, assessments, fincs, or penalties of any kind (including reasonable consultant and cxpcrt fccs and expenses of investigation, costs of whatever kind and nature and. if Consultant fails to provide a defense for City, dle lcgal costs of counsel retained by City) and any judgmcnt (collcctively, "Claims") to the extent same are caused in whole or in pan by any negligent or wrongful act, error, or omission of Consultant, its officcrs, agcnts, employccs, or subcontractors (or any cntity or individual that Consultant shall bear the legal liability thereot') in the performance ofprofessional scrviccs undc'r (his Agrccmcnt. 5.2 Indemnification for Other than Professional Liabilitv. Other than in the perfonnance of professional serviccs and to the full extent pcnnitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its offlcers, employees, oi'tlcials, volunteers, and agents fI'om and against any and all Claims, where the same arise out of, are a consequeuce oll or are in any way attributable to, in wliole or in part, the performance of this Agreement by Consultant or by any individr,ral or entity for which Consultant is legally liable, including but not lirnited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of lndemnification.The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 slrall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. Atall timesdurin g the term of this Agreenrent, Consultant shall be an independent contractor and shall not be an employee of City. City shall liave the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph L3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all tirnes be under Consultant's exclusive direction and control. Consultant shall not at any time or in any uranner represent that it or any of its officers, employees, or agents is in any manner officers, ofticials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for perfonning the Services hereunder fbr City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of perfomring the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualily for or become entitled to any compensation, benefit, or any incident of employment by City, including but not lirnited to eligibility to enroll in the California Public Employees Rctiremcnt System ("PERS") as an employcc of City and entitlemcnt to any contribution to be paid by City for ernployer contributions and/or enrployee contributious for PERS benefits. sF.cl'toN 7. LU(;Al. REQUili.ElIENl S. 7.1 Govemins Law. The laws of the State of Califomia shall govem this Agreement 1 .2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder, Consultant shall not hire or ernploy any person to perform work within City or allow any person to perfonl the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as detennined by the Director oflndustrial Relations ofthe State of Califomia, will be the minimurn paid to all laborers. including Consultant's employee and subcontractors. It is understood that it is the responsibility ofConsultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the Califonria Department of t67l/0-1tE58-000 t ,6104: I : d0r/30/19 It- Industrial Relations ("DIR") pursuant to Califomia Public Utilities Code, Sections 465,466, and 467 by calling 415-703-4774. Appropriate records demonstratiug compliance with sucli requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, rcprcsentatives, employccs, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to rcasonable attomcys' f'ccs, expert witness fccs, court costs, and costs incuned related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any parly performing thc Scrvices ofany applicable local, state, and/or f'ederal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the rcquirement to pay statc prevailing wages and hirc apprentices); (ii) the implcmentation ofSection l78l of the Labor Code, as the same may be aniended from tirne to time, or any other similar lawi and/or (iii) failurc by Consultant or any party pcrfbnning the Selviccs to provide any requircd disclosure or identification as required by Labor Code Section l78l , as the same may be amended from time to time, or any other similar law. It is agreed by thc Parties that, in conncction with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks ofpaymcnt or non-paynent ofprevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from timc to timc, and/or any othcr similar law. Consultant acknowledges and agrecs that it shall be independently responsible for reviewing the applicable laws and regulations and cffcctuating compliancc with such laws. Consultant shall rcquire thc samc ofall subcontractors. 7 .3 Licenscs and Pemrits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant repl'escnts and warrants to City that Consultant and its cmployces, agents, and subcontractors shall, at their sole cost and expense. keep in effect at all times during the term of this Agleemcnt any liccnscs. permits, and approvals that are legally rcquirctl to practice their respective professions. In addition to the foregoing. Consultant and any subcontractors shall obtain and maintain during thc term of this Agrecmcnt valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8.1 Tcrmination. Cit y may canccl this Agrccrncnt at any timc and withor( car.lsc upol) written notification to Consultant 8.2 Termination by Consultad Consultant may cancel this Agleement upon 30 days' written notice to City 8.3 Consequcrrces of Tennination. ln the event of termination, Consultant shall be entitled to compensatior.r for the Services perfomred up to the date of termination; City, however, nray condition payment of such compensation upon Consultant delivering to City any or all documellts, plrotograplrs, colrputer software. video and audio tapes, aud other uraterials provided to Consultant or plepared by or fbr Consultant or City in connection witlt this A-{reement. 9t61l011858-0001 ?630421 2 a07/:10/19 8.4 Extension. City rnay, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation bcyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reinrburse Consultant for any othcrwisc reinlbursablc cxpenscs incurred during the extension period. 8.5 all the Parties. Amendments. Tlre Parties ma y amend this Agreement only by a writing signed by 8.6 Assisnnrent and Subcontracting. Ci ty and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience. and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and colnpetellce ofConsultant. Consultant may not assign this Agreement or any interest tlrerein without the prior written approval ofthe Contract Administrator. Consultant shall not subcoutract any portion of the perfon.nance collternplated and provided lor herein, otlter than to the subcontractols noted in Consultant's proposal, without prior written approval of the Contract Administrator. [n the event that key personnel leave Consultant's employ, Consultant shall notify City imrnediately. 8.7 Survival. All obligations arising prior to the expiration or temrination of tlris Agreernent and all provisions of this Agreer.nent allocating liability between City and Consultant shall survive the expiration or tennination of this Agreement. 8.8 Optior.rs upon Blsach by Co!!ultant. If Consultant r.nateriall y breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: a. Immediately tenninate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any othcr work product preparcd by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services describcd in Exhibit A that is unfinishcd at the time of breach and thc amount thal City would have paid Consultant pursuant to Section 2 if Consultant had completed the Scrviccs. SECTION 9. KEEPINC AND STATUS OF RECORDS. 9.1 Rccords Crcatcd as Part of Consultant's Pcrfbrm ancc . All repofis, data, maps, models. charts, studies, surveys, pliotographs, memoranda, plans, studies, specifications, records, filcs, or any othcl doctuncnts or rnaterials, in clcctronic or any other fonn that Consultant prcparcs 16101: l 2 r07/ r0,rlt)-t0- or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or tennination of this Agreement. It is understood and agreed that the documents and other rnaterials, including but not Iilnited to those described above, prepared pursuant to this Agreement arc prcparcd spccifically fbr City and are not ncccssarily suitable for any fllture or othcr usc. Any use ofsuch docurneuts for other projects by City shall be without liability to Consultant. City and Consultant agrec that, until final approval by City, all data, plans, specifications, rcports, and othcr documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 9.2 Licensins of Intellectual Pro oerlv This Agreement creates a non-exclusive and perpetual license fbr City to copy, use. modify, reuse, or sublicense any and all copyrights, designs. rights of reproduction, and other iutellectual property embodied in plans. specitications. studies, drawings, cstimatcs. tcst data, survcy rcsults, modcls, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital rcndcrings, or data storcd digitally, magnetically, or in any other mediurn, which are prepared or caused to be prepared by Consultant under this Agreement ("Docunrents and Data"). Consultant shall rcquirc all subcontractors to agree in writing that City is grantcd a non- exclusive and perpetual license for any Docunlents and Data the subcontractor prepares under this Agrccmcnt, Consr.lltant rcprcscnts and wan'ants that Consultant has thc lcgal right to liccnsc any and all Docurnents and Data. Consultant makes no such representation and warranty in regard to Documcnts and Data which wcrc prcparcd by dcsrgn professionals othcr than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any timc, provided that any such use not within the puryoses intended by this Agreement shall be at City's sole risk. 9,3 Consultant's Books and Records. Consultant shall maintain an y and all lcdgcrs, books ofaccoutrt, invoices. vouclrers, canceled checks, and other records or documeuts evideuciltg or relating to chargcs fbr thc Scrviccs or cxpenditurcs and disbursemcnts chargcd to City undcr this Agreement for a minimum ol'three (3) years. or for auy longer period required by law, fronl thedatcoffinal payment to Consultant undcr this Agreement. All such records shall bcr-naintaincd in accordance with generally accepted accounting principles and shall be clearly identified and readily acccssiblc. 9.4 Inspection and Audit of Records. An y records or documents that Section 9.3 of this Agrccrnent rcquires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Govcmment Codc Scction 8546.7, ifthe amount ofpublic funds expendcd undcr this Agreerrent exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to thc cxamination and audit of thc State Auditor, at the requcst of City or as pan of any audit of City, fbr a period ofthree (3) years after tinal paynent under this Agreement. SE,CTION IO.MISCELI,ANEOUS PROVISIONS. l0.l Attonlevs' Fees, [feither Party to this Agreement brings any actioll. iucludillg al) action for declaratory relief', to enforce or interpret the provision ofthis Agreernent, the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to :61t/0r t85u-000t 7610421 2 i07/r0/lt)-11- any otlrer relief to which that Pany may be entitled; provided, however, that the attomeys' f'ees awarded pursuant to this Sectiorl shall not exceed the hourly rate paid by City for legal services rnultiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such lees in the san:c action or in a separate action brought for tliat purposc. 10.2 Applicable Law; Venue. The intemal laws of the State of Califonria shall goven) the interpretation and enforcement of this Agreement. ln the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be atlected thereby and all other parts of this Agreement shall nevertheless be in fu[[ force and effect. 10.4 Section Headins s and Subheadings.The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise afl'ect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of an y breacl.r of a specific provision of this Agreenent does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement, 10.6 Successors and , The provisions ofthis Agreement shall inure to the benefitst.) of and shall apply to and bind tlrc succcssors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by ERIC ARROYO ("Consultant's Rcprcscntative"). The Consultant's Rcprcsentativc shall have f'ull autlrority to represent and act on behalf ol Consultant for all purposes under this Agreement. The Consultant's Represcntative shall supcrvisc and direct the Serviccs, using his best skill and attention. and shall be responsible for all rreans, methods, techniques, sequences, and proccdurcs and for thc satisfactory coordination of all portions of the Services undcr this Agreement. 10.8 Citv Contract Administration. This A greement shall be administered by a City employee, Pat Walsh, Police Chief ("Contract Administrator"). All correspondence shall be directed to or through lhc Contract Administrator or his designee. The Contract Administrator shall have the power to act on behall of City tbr all purposes under this Agreement. Unless otherwisc providcd in this Agrcernent, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Noticcs. Any u,rittcn notice to Consultant shall be sent to ARROYO BACKGROUND INVESTIGATIONS Attn: ERIC ARROYO I 95 I O VAN BURENT BLVD #F3- I95 RIVERSIDE. CA 92508 167tl01t858.000 t ?6:10421.2 d0?/10/19 -12- Any written notice to City shall be sent to the Contract Administrator at City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Pat Walsh, Police Chief rvith a copy to City Clerk City of Menilee 29844 Haun Road Menifee, CA 92586 10.10 Prol'essional Seal Where applicable in the determination of the Contract Administrator, thc fimt page ofa technical report, first page ofdesign specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shallbe in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Prof'essional with report/desi grl lesponsibility. 10.11 Riehts and Rcrncdics. Exce pt with rcspcct to rights and remcdies cxpressly declared to be exclusive in this Agreernent, the rights and remedies of the Parties are cumulative and the exercise by cither Party of one or more of such lights or remedies shall not precludc thc exercise by it, at the same or different times, of any other rights or remedies for the same default or any otl.rer default by the other Party. 10.12 Inteqration. This Agreement, including the scope ofservices attached liereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations. represenlations, or agreements, either written or oral. The terms of this Agreement shall be constmed in accordancc with thc meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agrccmcnt or any othcr rulc of constnrction which might otherwise apply. 10. l3 Countemarts. This Agreernent may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreelnent. 10.14 Execution ofContract. The persons executing this Agreement on bel,alfofeach of the Parties hereto represent and warrant that (i) such Parly is duly organrzed and existing, (ii) they are duly autliorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Pafty is fblmally bound to the provisions ofthis Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Pafiy is bound. t67 t/011858-0001 ?610421 2 a07l10/19 - 13- 10.l5 Nondiscrimination. Consultantcovcnantsth at, by and for itself, its heirs. executors, assigns, and all persons claiming under or through thenr, that in the performance ofthis Agreement there shall be no discrirnination against or segregation of, any person or group of persons on account of any impermissible classification including, but not lin,ited to, race, color, creed, religion, sex, marital status, sexnal orientation, national origin, or ancestry. 10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations lrereunder. 10. I 8 No Undue Influence. Consultant declares and warlants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, fiom Consultant, or from any officer, employee, or agent of Consultant, in connection with the award oftliis Agreement or any work to be conducled as a result of this Agreement. 10.19 No Benefit to Arise to City Emplovees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( I ) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereol, for the Services to be performed under this Agreement. ISignatures on Following Page] - I .l- 10.17 Nonliability of City Otficers and Enrplovees. No oflicer', official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor iu interest, in the event ofany default or breach by City ol for any amount which may becorne due to Consultant or to its successor, or for breach of any obligation of the temrs of this Agreernent. t67ll0.]t858{00t 16104).1.2 n07tlot19 IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CONSULT Armantio G.lla , City Manager Eric Arro A. Ivl City C as to Form:[Note: 2 officer's signaturcs required if Consultant is a corporation, unless provided with a certificate of secretary in-lieul Melching, Ci rney l6I/0ltE5E400l 7630411.2.07/10/19 CITY OF MENIFEEa4il^I -t5- 7610421 2 !0?/10/19 ITXHIUIl'A EXHIBIT A SCOPE OF SERVICES Pre-Employment Background lnvestigations shall be consistent with the guidelines set forth in:. Government Code 1031 . Penal Code Section 13510(c) . Peace officer Standards and Training (P.O.S.T,) Regulation 1953 for Sworn Peace Officers . Peace Officer Standards and Training (P.O.S.T.) Regutation 1959 for Police Dispatchers . Catifornia Civit Code 1786, et at. The successfuI Proposer shatI perform the investigations and provide the required reports and forms within eight (8) weeks of receipt of request, untess the City grants an extension for cause. To be considered quatified, the successfut Proposer must have the in-house personnel and resources to comptete a maximum of twenty (20) Potice pre-emptoyment investigations in an eight (8) week period. A comprehensive background investigation fite shalt inctude a detailed report summarizing atI findings and reports of each appticant's background and etigibility based on City of Menifee hiring and POST (Peace Officers Standards and Training) standards and the above-referenced codes and regulations. Though not solety provided /compteted by the Proposer, a Menifee Potice Department background investigation report witt, at a minimum, address the fo[lowing areas: 1) A narrative-based summary of the appticant's background investigation. This summary wit[ reftect the below-tisted aspects of the background investigation, and articutate any concerns that were discovered as a result of the background investigation. 2) A review of the candidate's personal history statement. 3) A photograph of the applicant. 4) Verification of birth and citizenship. 5) Sociat Security Number (SSN) - Trace & Address Locator verification to determrne name and name variations used by the individual such as maiden, divorced or previous names; other names associated with that SSN, current and former addresses associated with that SSN, and date of birth. 6) Emptoyment verification and history. 7) Verification and contacts with the appticant's professionaI references. 8) Verification and contacts with the appticant's personat references. 9) Education background and verification. This section should verify that the appticant has either graduated from an accredited high schoot, or has passed the GeneraI Education Devetopment (GED) Test, or has passed the Catifornia High Schoot Equivatency Examination. Copies of transcripts and diptomas from cotteges and universities must be inctuded. 10) Mititary verification and/or Selective Service registrations, inctuding appticabte l6?lr0l lil58-0001 7610421 I 107/30/1,-2- dates of service, branch of mititary, rank and discharge status, etc. 11) Financiat informatron, inctuding monthty income/ expenses. 12) Criminat history that advises of fetony and/or misdemeanor convictions. 13)Apptications to other Potice department agencies, inctuding an examination of the status / dispositions of said apptications. 14) Motor vehicte driving history (att states in which appticant hetd an operators/driver's license), inctuding a copy of the appticant's driver's license and proof of motor vehicte insurance. 15) Drug and/or substance use history. 16) Neighborhood and rent check, including contacts with the applicant's neighbors. 17) Potygraph examination. (Proposer does not administer the potygraph examination, but wit[ provide a statement regarding the resutts of the examination). 18) Civit suits and lega[ judgments concerning the applicant (Federat, State and current county of residence). '19) Fingerprint return, demonstrating the results of a Department of Justice and Federal Bureau of lnvestigation flngerprint check for criminal history (To be provided by City of Menifee Police Department). 20) A check of wants/warrants information systems, inctuding: County of Riverside CLETS system; National Crime lnformation Center (NCIC); Department of Justice search of the Chitd Abuse Central lndex (To be provided by City of Menifee Potice Department). 261r/01r858400r 7610421 2 !0?/30/19 -J Background lnvestigation Procedures/Scope of Services lnvestigations follow atl legal standards and POST guidetines. Oav O e of Receiot the File in th Otfice out LocalArea RBcord Checks to the foltowing applicant applicable areas Former and current residences Former and cunent educational areas Former and current military locations Family and Friends locations All other epplicable locations found in th€ applicant's papenflork Upon receipt of pap€rwork from the agency, my office staff organlzes all of lhe documents received and initiates a POST checktisl. The checklisa is completed andnotes taken for missing required documents. The remainder of the paperwork isreviewed for completeness, organization. issues, qualific€tions, and immediate disqualifying information, The ot{ice staff will thon contacl the applicant for inlroduclion and to assign any further tasks to them that are necessary to begin the background investigation (iuch as missing intormation, etc.). All of th€ missing information / documents will be sent by the applicant directly to the ollice then later foMarded to th6 invBstigator assigned or t; thg agency who assigned the case. The office staff then does the following checks: Send o o Dav One of ln . Send oul all former and curent application for other agency inquiries. Send out military (if applicable) fite requests. Check all Southern California Court lndexes manually. Check Megan's Law. Send out employer nolices when appticabte (i.e. lo Target,s legaldepa(ment). Type out lhe "skeleton' of the report (alt non-investigatory, plug in intormation) All of the above information is lhen sent via email and FedEx to the assigned agent/invsstigator. vestioation - Com Dlelion of lnvestioation Upon the investigator's receipt of lhe fite, they will organize the file and contacl the applicant for their own introduction. At this point, they have 30 days to get lhe entire investigation completed and submit a completed report. Their investigation includss but not limited to, the following: The applicant's cornplete work history and law enrorcement application history is reviewed. Contact of the employers and law entorc,ement agencies where the appli;ant t67l/0t 1858-0001 1(\0421 2 tO1ll0/lt)4- has applied to determine if an in-person review of the tile is necessary. Critoria of an in- Person review is as follows: . Current job - '100% of the time. Any law enforcement / fire departmenl job - 100% of the time. FormeI employer - if lerminated, resigned in lieu of termination, excessive disciplinary actions, or some other issue deemed necessary to visit in person. Applications - any failed background or polygraph test Once distinctions are made and issues confirmed with the appropriate entities, appointments are scheduled to view all necessary documentations in perlion. Evaluations ar6 obtained from the applicant's current job and are att€mpted to be obtained from as many former jobs as possible, Also done on day one is all the correspondenca with pHS listed references, family members, supervisors, co-workeG, neighbors, landlords, elc. Without fail, all contacled are askBd for secondary references. Once these references are identified, they are also contacied. For those employment reviews that are deemed not necessary to review in p€rson, contact is atlempted to be made with former supervisors or m-workers by phone or lhrough questionnaires to determine the applicant's work €thic, personality, attendance issues, disciplinary issues. abi,ity to get along with those worked with, etc. Each contacl is documented in a final report for your review. lf a company is found to be out of business, due ditigence will be noted in lhe report wilh any supporting documentation (i.e. printoul of Stale ol California Business ponal, yolp, Google etc.). Home visits are conducted in person. During this visit. the spouse or family members of the applicant are interviewed in person. A review ot the applicant,s paperwork to that poinl in the investigation is reviewed with the applicant. Alt questions rrom the applicant and/or family rnembers are asked and Enswered, All remaining documents are collected from the applicant and added to thB investigation file. lf any discrepancies are found during the inve8tigation, the applicant is asked for an explanation both verbally as well as in writing. Once tha home visit is completed, the neighbors are mntacted in person. lf contact is made, an interview is completed, the information obtainod is documented on a questionnaire, and the inlormation is put into the final report. For those who were unable to be contacted, either a neighbor questionnaira package will be left, or a phone number is obtained from the applicant and th6 neighbor is inlerviewed over th€ phone. As lh€ invesligation continues, our invesligator will obtain documentation of all information found and include this informalon in the final report. This information includes, but is not limited to: 5 :671/0118584001 ,6:10421 2 a0r/10/19 . Personal identiliers and information. Shorl autobiography of applicant. Descriptiv€ phrase responses directly from all relatives and references. Education including high schoot, secondary schools, and any pOsTeducation . Description o, residence and documentation of neighbor / landlord contact. Documentation of all employer contacts including all due diligence descriptions for ALL jobs during life of appticant. Documentation of all applications with other agencies including outcome and detailed reviews of any background investigations examined in person. Documenlation of any and all military service including seleclive servrce registration, DD2'14 review, and military file request and/or review. Review of credil report and documentation of any and all issues. Documentation of fingerpr,nt requests, detailed accounts of any arrests including police reports, detailed accounls of any civil actions inctuding court documents. Documentation including rgsults from record checks from localagencies. Documentation ot court indexes, lnternet presence. and other issues foundr Oocumentation of all DMV informalion including detailed accounts of citations and/or accidents, and documentation ol current insurance. Documentation of all other issues pertinent to your decision making for issues that do not fit into the sections above. An investigation conclusion that details any POST Dimensions found lo be violated during the investigation - presented to you for review After Co mplelion of I tiqation Once the investigalion has been compleled, our investigator will prepare a final repon and submit it to the office manager Ior due diligence (otfice manager has attended the POST background investigation school and has compteted mant investigations). ]'he investigator will also send the file back io the office via F€dEx. The due dillgence process also includes putting the file together using POST separators and reviewing lhe documents obtained. Once done with the otfice manager, the file and report isihenpassed oo to the owner / lead investigator of the company for a second due diligence to ensure that the producl you are getting is of the quality lhat you expecl. Once the second due diligence has been comptetsd, it is sont to you ready for your evaluation to determine if the applicant is suitable or not for your agency. you wilirrol find any opinions of the company / investigator in the report. H&ever, if there are POST Dimensions that our invesligalor feels that need your attgntion, a short summary at the end will document those issues for your attention. 6-:or t/01t858-000 Once the paperwork is received from your agency, the inyestigation typically takes 30 lo 45 business days to comptete. Afl docum€nls and inlormatio; obtai;;d, c;pied, found,or written are turned in with lhe lile. leaving nothing with Arroyo backgroundlnvestigations. All information before. during, and after the investigation in;luding developed information is for the use of your agency only and will rBmain totally contidential. lf information is found that may be disqualifying, I wilt contact the appropriate statf member at your agency. This information witl be described and discussed. It the stat member feels that disqualification is in order, the investigation will be suspended, a report will be generated with the facts found, and the file will be submitted lo your agency for final review and determin8lion. ln conclusion, it goes withoul saying, as a fullservrce background investigation company, my goal is to give you all the information necessary for you to make an educated decision {, th€ applicant is a fit for your agency. As a service-based business, it is my goal to make you believe thal yqu are my only client giving you the service you expect and dsserve as a California police agency. Total flat rate price Der c om oleted "full" backoroun investiuation:$1000 FCRA Comoliant lnvestiqations for Non-sworn I l.l orr-Dolice/disoatcher) oositiolrs These are whal we reler to as mini background investigations. This style of report was developed based on ths current teaching for non-sworn positions (i.e. cadets, civilianwith access to police departments, clerical, etc) and follow the current Federal standards under the Fair Credit Reporting Act (investigation of iob relevant information only). ln the event that you requ€st a suspension on the investigatjon and it was worked on less than 12 hours, which is typical, you will only be billed at an hourty rate of $5S.OO per hour. On the average, a background that is disqualilied is between seven to eighl hours. Any lime past 12 hours will bebilled atfutl rate. Your department will approve, prior to any scheduling commitments, any extendod travel or overnight stays that are necessary. These it6ms will be billed at only fac€ value of the travel plus an hourly work rale. For these investigations, your applicant will still fill out the appropriate paperwork (including tha POST Personal History Stalement for DispatcheB) and obtain atl of lhe same required documenls. You will also need to provide the completed polygraph report as well aslhe Livescan relurns (both will save incredible amounts of time), llyou supply all of lhe above, this process will take aboul one business week. lf not, it wilt depend on the availability of the polygraph appointment. Using the applicant's supplied paperwork, a TLOxp generaled report, the Livescan results, and the polygraph information, a report using the following areas will be provided: :671/r)l1858-0001 ?610421 2 007/10/ l{)-7- lf you have any questions or need clarification on any of the above information, pleasedo not hesitate to contact me at 909.268.1442 or by email at All of the above information will be complied, recorded, and sent to you for your own determlnation of suitability for hire and for filing. Total flat rate price D er completed umini'backqround investiqation:$500 Thank you, lEricfl.rroyo Eric Arroyo Owner / Lead lnvestigator Arroyo Background lnvasligations . lntroduction. Personal lnlormationo Name, address, phone, social security verifications. Places Associated with the Appticanto Court indexing check, local area checks, foreclosure checks, and eviction checks. Criminal History o From Livescan and TLOxp listing with explanations lrom the applicant. Motor Vehicle Operationo With explanations from the applicant. Job Specific Training and Certjficationso lncludes verificatjons and printouts . Social Media Reviews. Three Most Recent Employerso lncludes contact with th6 most recent supeNisor. Judgment, Liens, Bankruptcyo Verification and explanations. SignificantPaperworkOisclosures o A list of issues found in the applicant's paperwork along with explanations from the applicant. PolygraphExamination. Summary :671/01t858{00t 76'104111a07/30/19 -ti - E fr MENIFEEi r, "J,**,.,o.ATTACHMENT A: COST PROPoSAL & ACCEPTANCE OF PROPOSED CONTRACT/AGREEMENT For each task during the term of thc Agreement, pleaie lubmit the estimated hours and extended cost. Prcposers must submit cost proposals for the comptete scope ofwork. Costs shall be pres(rnted as an hourty unit cost to perform a pre.employment background jnvestlgation as specified h€rein. The hourly unit cost shoutd inctude alt fees typicatty associated with such services such ai administrative fees, driving records aacess fees, education and employment veritication sear(h access fees, data entry, miscellaneous access fee5, and thjrd party pass-through fecs charged by government entities to acaess public records. Note any exceptions to these requirements. The City rcsewes the right to add or remove servicer over the contEct term. The City reserveg the right to award the SeMce(s) lirted on this loticitation "indlvtduatly', by'g.or.ps', "atl or nond', o. by any other method Bs d.lmcd ln the best interest of the City. 'i rr it: lli:.;.i'il..i:l: lH= Cyrl! a;rF r'D*agr CarJS$ t5-irr':r Aaa€'=-!,t5-fi- \i Lc-<- fProaue ' HOURLY UNIT coST ESTI}IATED NUMBER OF HOURS TO COMPLETE Task Description 5 5'zo Fult POST Sworn E.ckground lnvertlgation (iurroundinB counties (Rjverside, San Bernardjno, Orange, Los Angeles, San Diego, lmperiat) '<k/z-Added charges: investlgation, etc. Travet, further :6r l/0-r tE58{00r 7610411 2 !00/00/00 EXHIBIT A I Full POST Civillan Erckiround l5 I I | 1il"::L'i:"!"^ f:l'"",'.1#o^"',?"'E1l+a'a*" I zs I IAngetes, San Dlego, lmperlat) A,a I I l Attaehment A: Cost Proposal & Acceptance of Proposed Gontract Ag reement I have chosen to use this format to provide specific information for each type ol case Police Officor and Dispatchor POST backoround invostioetions Riverside County San Bernardino County Orange County Los Angeles County San Diego County lmperial County lf all appointments are within lhese counties, lhen a flat rate of $1000.00. Extended travel will be preapproved by your staff and billed at face value. Flat rate of $1200 Civilian ular lenoth backorou nd nvostiqations lalmost to the level of abov€l Riverside County San Bernardino County Orange County Los Angeles County San Diego County lf all appointments are within these counties, then a flat rate of $900.00. Extended travel will be preapproved by your staff and billed at face value. lmperial County Flat rate of $1100 civilian F CRA lenqth bac und inv€stioations {tvDicallv done i l2 davs) AII investigations billed at a flat rate of $500 Tvoical Exte nded Travel Exoenses/s Defined "Extended" travel includes . Palm Desert and beyond to the East . Barstow and beyond to the North . Ventura County and beyond to the West Flights, rontal cars, hotels billed at face value. Mileage will be billed at the cunenl federal rate, per diem billed for M&E rate for area lraveled to. l6? t/011858-0001 ?6]0421 2 d00/00/00 _1_ AI)i')lT loi.:lil 5= , iCEs: Proposer shatl provide a description and cost breakdo,Jn for additional background investigation seryices that can be provlded as wett a5 unit prices for the lndjvlduaI lnvestigatlon components makjng up a futt background jnvestigation, These shatl not be part of the basis of award, but rather, shalt be used by the City to order ipeclflc servlce! oLrtslde of a full background investigation or as a basi! for pricing if the City requjres further background investigation of an applicant. TOTAL r\\{ Task Description HOURLY UNIT cosT ESTIMATED NU BER OF HOURS TO COMPLETE s -To T*(,r,=c-T -TH= a 5 +sr5e? f< d F ru-{t rJgo wrtuu eE rcSAuIrZPolJF5S A.63t6 lz6?3(J\CDrr|?LE{-€D e{ ftfi t UFr-<T16.t\.r-F!r.\a rlzoto g>< 5 s 5 s s 5 s l6I/01t858-000r 7630421 2.00/00/00 - )- I I I I I I I I I ,-.1 I t)i."ii{.1 i^{,,i1 iri-i,} 5 i: ii ! i\: rr'f: iloAl:il ; ln order to expedlte the timeline and reduce costs, the Ctty ls lnterested in a phased approach to the background process. This woutd jnvotve identifyjng logicat "check points" whereby the background investigator woutd identity earty iodicators ol djrqualification and report back to the department- lf a determlnation is made to disquatify the appticant, the investigation wilt close and a reduced fee will be charged to the city. lnterested firms should lndlcate whether or not lhey are wllllng to partlclpate ln the pltased approach atd lf sot identlfy loglcal check polnts and partlal background costs. This ls not a requlrement but flrms wllllng to use a phased approach will be qlven pdorlty. tr tr Nol lnterested in Phaied ln Approach Yei, lnterestrd/WillinB to Partlc,patc in Phased ln Approach lf willlno to oartlcipate ln Phased ADgroach, please attached addltlonal Cosl Pro'p'!! breakdown with oeneral looical check oolnts and oartlal backorouod costs. :{'71l011858-0001 76ll)4:l 2 r00/l)0/00 -4- Ptease state the flrm fixed hourly rates and tist the position titte for each project team member. The hourly rates shatt be firm for the base term of the contract effective Juty'1, 2019 - June 30, 2020. Rates shatt be fu(ty burdened and include all labor, faxes, profit, generat & administrative expenses, overhead, and insurance inaurred by the ConsuLtant. fhe below rates witl appty lo aLt Tasks, additionat supptemental seMces or for updates outside of the exlsting kope of work. Position Tltle LLL'P6a,,-- .*r<. s G5 oO 5 s s Year 1 :Hou r ICON'IINUE TO NEXT PA6E] 5 :61l/01I lJ5ri-001) 16l04ll : a00/00/00 -5- I I 5 I I l I New. ltetler Bcst. The Progo3.l Cost provlded reflecB all possible dlred and indlrecl co3t3, travel, insurance, overhead, labor, profit, rebates, (ontingent commlisioni, renewal commiliion:, servlce fee5, and any (PLEASE READ ANO IIARK EACH CHECKBOX CONFIRT AKNOWLEDGEMENT AND AGREEANCE wlTH THE INDICATED STATEI'(ENTS) d d The Propor.l provlded reflects .ny addltional .ddendumls) i$u€d with re5pect to thir RFP / liiy slgnature, certifies that thls firm has no busineir or personrl ret.tionrhi!,6 with any other comp.nles or person that could be .onrldered a confllct ot Intereit, or potenti6l aonlllct of intc.rirt to the City of Menifee, p€rtaining to lny.nd allwork o. lervl..3 to bo perfo.m.d ar. r.sult ofthi! request and .ny resultlng Agreement/Contract wlth the Clty. {Subhittal ofthii proporrl lndl(.tes we have revlewed the proposed written agreement (Exhibtt Al rnd if relectod would accept all term3 of the propoaed aSreem.nt. N.{2oo.-ts e>aL6e.o.,. ir r s\rJ J€:r- tCrf -r tCf O E Company Name lqs\o Vr\) B,.r.8{er\}D +ra-t12 Arlec:;to=Cb 4>St>t city St.te b e Number c{ L{qst Zlp Cod€ L Comp.ny Type: Ll Corporation E)ndivid!al/sote Frx Number D Trust/E5tate E Limited Llability Company {l-Lc) single member LLC El Other: Signed 8y OtAFllA- Print Name Tltle t6?tm11858-0001 761042 L2 !00/00/00 -6- F,a\ c. No-f}Ho