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2019/07/01 M. Pino and Associates, Inc. Menifee Police Dept: Professional Background Investigation ServicesCITY OF MEIVIFEE PROFESSIONAL SERVICES AGREEMENT MENIFEE POLICE DEPARTMENT: PROFESSIONAL BACKGROI,JND INVESTIGATION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective this 26 day of JulY .2019 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and M. PINO &INC. (MPA. IIIQ), an S Corporation ("Consultant"). City and Consultant may sometimes herein be refened to individually as a "Pafiy" and collectively as the "Parties." SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on July 1, 2019 and shall end on June 30, 2020 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Ageement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assiqnment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. [n the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. t.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 267 | /03185a{)l 763o42t .2 &7t26t t9 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs wha8oever under the terms of this Agreement until receipt of authorization from the Contract Administrator. SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SEVENIY FM TIIOUSAI\ID DOLLARS AND ZERO CENTS ($75,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in t}re manner set forth herein. The paymens specified below shall be the only payments from City to Consultant for the SeMces 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 performed by more than one person. a lnvolce, etc.; b. The beginning and ending dates of the 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; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed; C. TheConsultantRepresentative'ssignature. Invoices sha]I be submitted to: City of Menifee Attn: Accounts Payable 2671lO3l85a{rc0I 763042t .2 &7t26t t9 -2- 2.L Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress BiIl No. I for the first d. At City's option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; 29844 Haun Road Menifee, CA 92586 2.2 Monthlv Pavment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thiny (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. Ci ty shall pay the last five percent (57o) of the total amourt 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 satisfactorily performed. 2.4 Total Pavment. City shall not pay any additional sum for any expense or cost whatsoever incured by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, funher, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Ageement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable Exoenses. Reimbursable expenses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incuned for Services satisfaoorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQTIIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabines, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to fumish any facility that may involve incurring any direct expense, including but not Iimited to computer, long-distance telephone or other communication charges, vehicles, and reproduction f acilities. -3,2671lO3 t As8-0flt I 763t)121-2 aO7/26119 SECTION 4. INSI,'RANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently ma.intains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain 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 subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between Citv and other Insureds. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limis of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the altemative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Califomia Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an .rmount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general ag$egare, and TWO MILLION DOLLARS ($2,000,000.00) producs/completed operarions aggregate. If a Commercial General Liability lnsurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to tle Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occulrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. b. Minimum scooe of coveraqe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 26711o3r858-mO I 7630421.2 il7126/L9 -4- 4.2 Commercial General and Automobile Liabilitv Insurance. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the fo llowing shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occur€nce or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and is officers, employees, agents, and volunteers. 4.3 ProfessionalLiabilitylnsurance. a. General requirements. Consultan t, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a renoactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reponing provisions of the policy, if Consultant cancels or does not renew the coverage. 267103r 8sa{m1 763U2r.2 aiT26ttg -5- d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California. b. Verification of coveraqe. Prior to beginning the Services under this Agreement, Consultant shall fumish City with Cenificates of Insurance, additional insured endorsement or policy language granting additional insured status complete cenified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized try that insurer to bind coverage on is behalf. The Certificate of Insurance must include the following reference: MENIFEE POLICE DEPARTMENT: PROFESSIONAJ, BACKGROI,JND INVESTIGATION SERVICES. The name and address for Additional lnsured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverase.Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deduaible or self insured retention is increased. d. Additional insured:Dnmarv lnsurance City and its officers, employees, agens, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance 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 for one (1) year after the expiration or termination of this Agreement or completion of the Services. A cenified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, 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. e.Deductibles and Self-insured Retentions-Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administratot Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agens, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured 267 V03las8-flOl 763tt421.2 aondtg -6- retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under is policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limis, and forms of such insurance are either not commercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. ln addition to any other remedies at law or equity Ciry 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 alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreemenq b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.C SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Professional Liabilitv. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, exp€nses, liabilities, Liens, actions, causes of action (whether in ton, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontracton (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. 5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fuIl extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and 267 | /03 t85A-Oml 761t}421.2 aO7/26119 ., all of its officers, employees, officials, volunteers, and agens from and against any and atl Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for wNch Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occuning as a result of City's sole or active negligence. The provisions of this Seoion 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of is officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSTJLTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City sha-ll have 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 1.3; 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 times be under Consultant's exdusive direction and control. Consultant shall not at any time or in any manner represent that it or any of is officers, employees, or agents is in any manner officers, officials, 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 performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other Cify, state, or federal policy, mle, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the Califomia Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTION 7. LEGAL REQI,IIREMENTS. 7 .l Goveminq Law. The laws of the State of California shall govem this Agreement. 7 .2 Comoliance with Aoolicable 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 employ any person to perform work within City or allow any person to perform 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 determined by the Director of Industrial Relations of the State of Califomia, will be the minimum paid to all laborers, including Consultant's employee and subcontractors. It is understood that it is the responsibility of Consultant to detemine the correct scale. The State Prevailing Wage Rates may be obtained from the Califomia Department of 267 t /O3la5a{O0l 76v)121 .2 {t7t26t19 -8- Industrial Relations ('DIR") pursuant to Califomia Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such 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, representatives, employees, and volunteers harm-less from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attomeys' fees, expert witness fees, coun costs, and costs incuned related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under Califomia law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors. 7.3 Licenses and Permits. 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 represents and warrants to City that Consultant and is employees, agents, and subcontractors shall, at their sole cost and expense, keep in effeo at all times during the term of this Agreement any licenses, permis, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 8.2 Termination bv Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City. 8.3 Consequences Termination.In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consu-ltant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement. 267 r m3r858{001 76Av21.2 {7t26/t9 -9- 8.4 Extension. City may, 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 beyond the maximum amount provided for in this Ageement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assienment and Subcontractinq. City and Consulunt 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 Agrcement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior wrinen approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subconEactors noted in Consultant's proposal, without prior written approval of the Contract Admidstrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options upon Breach by Consultant. If Consultant materiall 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: Immediately terminate this Agreement;a b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or SECTION 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Pan of Consultant's Performance.A-ll reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, sodies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 267 t O3lasa-OOOI 76T421.2 {12At9 -10- d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. 9,2 Licensinq of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrighs, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in is use of the Documents and Data at any time, provided that any such use not within the purposes intended try this Agreement shall be at City's sole risk. 9.3 Consultant's Books and Records. Consultant shall maintain an y and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records.Any records or documents that Section 9.3 of this Agreement requires 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 Govemment Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 10.1 Attomevs' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attomeys' fees and expenses including costs, in addition to 2671m31 ASA{Xn I 7630121.7 fi7t26/19 -11- 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 documens to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be r€leased to third parties without prior written consent of both Parties unless required by law. SECTIONlO. MISCELLANEOUSPROVISIONS. any other relief to which that Party may be entided; provided, however, that the attorneys' fees awarded pusuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Applicable Law; Venue. The intemal laws of the State of Califomia shall govem the interpretation and enforcement of this Agreement. In 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. f03 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevenheless be in full force and effeo. 10.4 Section Headinqs and Subheadinqs.The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.6 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jacob Pino ("Consultant's Representative")- The Consultant's Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Sewices, using his 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. 10.8 Citv Connact Adminisnation. This Agreement shall be administered by a City employee, Pat Walsh, Police Chief ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept dircction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall be sent to: M. PINO & ASSOCIATES, INC. (MPA, INC.) Attn: Jacob Pino 27475YnezFld,#2M Temecula, CA 92591 267VO3ra5a{r001 763U21.2 &7t26t19 -12- Any written notice to City shall be sent to the Contract Adminisnator at: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Pat Walsh, Police Chief with a copy to: City Clerk City of Menifee 29844 Haun Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the ConEact Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the Iicensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.11 Righs and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such righs or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.13 CounterDarts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Execution of Conract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organiz€d and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. 2671lo3 I a58{OOl 7530121.2 fi7ndt9 -13- 10.12 Inteqration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, reprcsents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other mle of construction which might otherwise apply. 10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, madtal status, sexual orientation, national origin, or ancestry. 10.16 No Third Parw Beneficiaries. With the exception of the specific provisions set fonh in this Agreement, there are no intended third-party beneficiaries under this Ageement and no such other third parties shall have any righs or obligations hereunder. 10.17 Nonliability of City Officers and Emolovees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants 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 arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefit to Arise to City Employees. 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 (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-ageement, or the proceeds thereof, for the Services to be performed under this Agreement. ISignatures on Following Page] 2671D31858-Omr -14- IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF]VIENIFEE CONSULTANT Armando G. Villa, City Manager Pipo, CEO Attest: A.City J o as to Form: Me Attomey Jacob [Note: 2 s signatures required if is a corporation, unless provided with a certificate of secretary in-Iieul 2671,03t858.0001 76n4212 aOTAdlg -15- 0^^., a ,1 Apyyed I EXHIBIT A SCOPE OF SERVICES 2671ru31858-{ml 7630421-2 a00 n/00 -2- 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.) Regulation 1959 for Potice Dispatchers California Civit Code 1786, et al. The successful Proposer shall perform the investigations and provide the required reports and forms within eight (8) weeks of receipt of request, unless the City grants an extension for cause. To be considered quatified, the srccessful Proposer must have the in-house personnel and resources to complete a maximum of twenty (20) Potice pre-emptoyment investigati,ons in an eight (8) week period. A comprehensive background investigation file shall include a detailed report summarizing a[[ findings and reports of each applicant's background and eligibitity based on City of Menifee hiring and POST (Peace Officers Stardards and Training) standards and the abore-referenced codes and regulations. Though not sotety provided/completed by the Proposer, a Menifee Police Department background investigation report will, at a minimum, address the fottou/ing areas: 1) A narrative-based summary of the applicant's background investigation. This summary will reftect the below-[isted aspects of the background investigation, and articulate 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) Social Security Number (SSN) - Trace & Address Locator verification to determine name and name variatiom tned by ttrc individtnt strch 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 applicant's professional references. 8) Verification and contacts with the appticant's personal references. 9) Education background and verification. This section shoutd verify that the applicant has either graduated from an accredited high schmt, or has passed the General Education Development (GED) Test, or has passed the Califomia High khoot Equivatency Examination. Copies of transcripts and diplomas from colleges and universities must be inctuded. 10) Military verification and/or Selective service registrations, inctuding appticabte 2671l03 r ASa-4()01 7630421 .2 arr,wn7m -3- dates of service, branch of mititary, rank and discharge status, etc. 11 ) Financiat information, including monthly income/expenses. 12) Criminat history that advises of felony and/or misdemeanor convictions. '13) Applications to other Potice department agencies, including an examination of the status/dispositions of said apptications. 14) lrtotor vehicle driving history (alt states in which applicant hetd an operators/driver's license), irrcluding a copy of the applicant's driver's license and proof of motor vehicle 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 polygraph examination, but witt provide a statement regarding the results of the examination). l8)Civil suits and tegat judgments concerning the applicant (Federal, State and current County of residence). 19) Fingerprint return, demonstrating the results of a Department of Justice and Federal Bureau of lnvestigation fingerprint check for criminal history (To be provided by City of Menifee Police Department). 20) A check of wants/warrants information systems, including: County of Riverside CLETS system; National Crime lnformation Center (NCIC); Department of Jrrstice search of the Child Abuse Centrat lndex (To be provided by City of i4enifee Police Department). 267 r /03185a-000I 7630421.2 .00/00/00 -4- tlir ot IIo[,x. R.EE \b. -'n ta I 8 Propd &r Vcni&r Polit Dq*tlrrt - Profesinrrl llr\rurd tnrtsfurio Scrics I** 19.:(rtl Tltc lhrpos:r is pru-renting thc fi:llrxrinn itcm"^ as prrt ol'drc Scopc of \l'orli includrrl in this Bash{round Inlertimtion Scn'ires (&ersinalur- thc "hofro€al'^). It rhodd bs nolsd th.rt this lisl is not eshrurti\€ ind mar bc <r{r:ntJcd to rnrrt surrtrtt irnd t'uturc nccds irui rrr tig-Jl rqutErnq s rr stlurlarrls trf (he Dcpotmcnt. For couts\t purposer of tlis selioo. tlt. trflur ..Cin-' and .-f)eparlnrcnt-' lrt used inlr.'rEhnn{sabh - 'l'hc l,ropoter-; pc-rsonncl n:main .ppri$cd of lssociilcd rugulations rnd complilncr:s through C.\ Irtrr Coupfimct Crxlo aod ICR\ ir.rinh-rr. and P()ST _ruilolincs rcr ior - or e1 l-2 rrxrrs. Thc Pnrlrccr borsls u^( rr-rrxrrr.ts lnrl [xrsonoe-l to cornpl,:(c rl L.rst t\t!'ut\. (?0) Poli..r p&-q[ploulrcnts inYcs:tirrtions .oncurenih in an qlhr l!l) $rx* po'irxl- or orhsrrrisc mcgt thc l)eparrmdnr's masimrm rcquircolents. Ho$vrcr- uudcr larunbls circurrbnecs- those lrckiDg nrajor inlhrcncc b' er"mts outside of tlrc l\upuscr's qr,Eal ti.€. rcllrsncc aml agrncl rcrlxnsrs to rcnuqit! l'or doc'ulr€flli,tio',) anil taking into crrisidorition grxsihlu rulridc rrr:l*load- tllc ltoForLT rr lnts il cin pr(Llrs qrpnrsimalclr 75 !'oncurretrl backgrourds in an eight (E) \Edk pcriql. This is based on thc proposcr'r propricttn lncthq.lalosl - \rhich is tirnhr:r outtincd in -\ttaclnnrnl j.l: IlacL$eund Pru:ss t)ullinc (ttuprictlrr ). lir rimplc .rod c-ltrcr*irc gs-s{reaing of CandidlEr thc Ropoa rer;orurcrr}s prirririr;nc Ct&tidalcs bscd on rhc follorrins l- CunplUrat+s ol thc (-mdidrtc'i Prrttnrl IGttr) SL{cmtmt (Pt6} a- It ir u*{ ltr:posr.r's cspql urF:rig-r**c tlEt ti]: lttrlrritr-af Crndidrtrx cidr,r di*qlrtili-'d nr othenrise l:ss qualilicd- can he inirirlh i&nrilisd bJ thc momughness in uhic.h thcl^ ctxnplctc 6cir PIIS. C:rndidaret &rt ckcr to omil inlrrnra{fui pruidc rbrng indical6s. lhal rpl amlk plinq lo iilh.x r.rrcccd vrudhiag rl lar:L thc srug&r-afiEr rdirudc lhc | }{tortD.rlt rrqur-ri.\ lirr cnrphrmr"lt- h. Thc Dsparfiml &nuu cfthcr pro\.ade ths Crtdidrtc-r colli€t inl'omrtion or comptclcd PILS to th Pnrposq. i- Il coorh..t inlbrmrtin ir trovidci- trrL ltogrsrr prmidr.: rhc ('nndidrtc iridr sccu{r rcctxs to ils lir e PIIS form tor crupldirrr- ii If thc PI LS is ptor idod. tbs Prop<r*r upkrds thc docuncot ftrr lur[1ds. c- Thc Cqrdidar'*'s PII-S inl'quratiou i'r tlrrl rrxrrch prrsr,.tl ord lrs,-'s:,id. Tlrr; Itugorir.:r's trafl€f,t s\qett trbublEs Fili{fr: ihcd lidn-r;f' qrGtims tlur. if no rcspoo* is \t Pt\(1tc \ss(x't \Tl.$. t\('tlg: I ol-9 .\TT \CII\IE.\T J SCOPE O[ \\ORK & }IETIIODOLGiY 2ri7 uo3l85&om r 763042t.2 a(D/OO X)-5- C!- sf Llceif,* RfP \Io. :Olu I t Prqcf [u \IgiFt Fofior Dcpmer - Mml B*g!.rd lrlr.aitdior Sove:r IrN t9- :i) l9 found or rn in'cornplr.tc gnln is rs"scssr.ri. ruxult in lortrrine thc Crndidats-s PI-IS nsiq\s l!-nt scorc. d- Ceudirbtc's arr. th. sodcd ttrd prlqrilized bds€d on thorottrlll PllS lrscsfmqrt Esxls- *ith thc higlr€r sloring Crndidatcr arsuminu priorifv in thc hldignrund prrrr:rs. i- This ensnrcs thil in r situalion whcre lmgc groupr rrc bcinc pro.:€sscd concrrrunllr-- drc most qu.rlifiut cnrplor'*s ane ahls to lx comidr,-n{ in tltc m<xt timeh marutr- ii. This rho lcrrsqrs lhc Frlatial ut thc morr qurlili€d C!ndid!16 uill dill'cr lo anothsr offrf cmplo\md . Tte Prr{xrsrr uill mrintnh ths lb[[{ru ing lbqrss: I. Imrncdirt{r rr:rbal md ip1rlopriru+ prittrrr notification tn drc D+adrnr-nt of tindinss rnd ol incidlrb imolrin,r curcnl (!'potulli{l lrrplo\-ux of ths D{urtncnt. inclutirg but not limitrd to: par..c ollirus. di:plchsrs. adminislralire r.'leric;rl stlll'. olficiirh. linlnls- c(mlractlrt:s. tnd fltilici- Il. ^\r'ailabilin'at :ll tim6. \'ith routine elrxnu icrtion. b thc llprrtncd repre$cnrrtivi. lll- ^\dhcrenr:c to all Dqrertrn(rlt pohcies md prolcdurrs: tloctground lm'catilarors ir.i[ m.tinlain coqqrrehrnsire Lrxnr ltrlec ol'. ,nd rumr prirr cs1rriure.c ia- thc grlicir:r aod pnxtdurrs spr::ilic to lhc Dsparklclrf. l\'. -\ll lnvctigntors xill trs H-xjl Certiliud Background lrlr=t[ators uith prior tnt cnlbrcenrcot. .rnd oll€fl sup€fl i5o6 - ciipcrilnc€. \'- Bc flu,rrt and litlrrts in thc Enrlish laneurgc lith rrxpr"r:t to untL'rstandine grlitv rrd pmu:dtnc. ind $Titing comprr.{rr.rrsirc hle*gruund rrlxrtlr rrrd k}&r. -\. l}c ltoporer currerttlt coolncts mrr (2) bilinernl pcrrofftcl llua in Sparish and Englislr. \I. -\ lyrntprui€r*ilc hacligtound .ltrlk rvill bc ondrrtd in complilncc uidr R)ST pur-r:dural lui&linr.x: uhich. al thc fL-pnrtnqrt's riscmr..nl mal includc: -L $ riucD Br*grwod \arutir e RcF.rd B- Pqnion l l6stor\ S.tirtqnqrt (PIIS) Rcr iflr C- IXIJ FRI Fin$r.rprinl Rctums eod Firr:rnrs Clcaransc D. Driring Rcrotl Chccl [.- Local Lau Enlbrrxmcnt .\!r cr Rs{rrrd t-hed.s \t Pt\() Jt,\5:i{xl.\11:s. t\(' 76:)U21.2 a@l@rn -6- tllgr:otf) a.l!, o(I&ift.- RFP lir -\ttt-l$ Ft'+rd fc lfrrifte R*te frqrmrcr - Ptt.6asdrrl Bt lfflulid fie.r{Jriqr 5.1116 lrh. t! :rlt.l F. (-r.dil Rclrnk (Alltk C. Educrlioolqilis*irn H, (\li-.!rrltip -\3s \.c.ril'*-atirro I. \filihn I Iirron ('ha.I J. Di*wrtdion of \trrrirgc Cteli K. L-mplorucnt t tilon flrc'.tr l.- Rchtirr,:s l!-rsonal Rr..lirqr.r: (1u*: \L \cghtxntrul tJrcrLr \- \Mirl l\5:lrolorir:aI (Ir:rmotrr ()- ()th.i Drxumcntrtioo 1as rcquircdl -tl lb ccctsic ofqr$ hdglqed imjrdilrio the Frqcc dull L lhcpc 1 ts .(Im-d htatiFiae lirnric RrpoG <nxlcd in I tbrr id.d'bb r, ilg Dapdrbr.rt L Bt etaihf,b &r rad prticipar in mcai+r fti;n*s- d Faalaair a {cocd umrrp t5, d!c.llEefihstt m' hoidc ooc rnriq,3 ta[: (!t sr,ics rt ttr tcqrqf ofllr Dqlu-d in corfrnnrc n [lb S'coFo[&'uiL .\ll rtrrt shJl he romplar:rd in conlirrmrnr..e rridr the rruidcliocr rnd shnd:rds $ sd forth in rhc Crlilomir R )ST BrcLgound Imeltiralioo \lmurl rnd l]a;Lrlrund Inrr*tfurtirn Corrse rtrndr&. -ldiirnl suicrr lry L*dc L -f!6qr.E{ klilitr poEli't qriudd ruhrtdilirir" { lhc dirdirn d Uhiatilll q[ thc t}:DoErnL ,L lDis ri|f te cot&*! rih opcr-roqe inrulniu mltlrirtr. c q!{ G corat rnqllLca wl&[ tfrc ftopm porsc, h<]at taol,hrlge of thmrgL r llBt irriry qf hs {trftlcrr D(ncld c.rlifid wlEil c tniiag. B. Tfr Pmpocr od ic rdcorratn Jro pm crtaraiw eorrrcim wlr lbcd- drE- rd Ed6J br o&rtarart alrrirniolrri rLiT n{: cd rifte to morE €Gcdiv coprdia iro rd ufill lrpfat Gtfrtt. U. tfcreo 00at iuruthrtir:ie rrrlir 6B rpe(ifr rEfmt of thr Dct{t[Ed. ircfu&g bt rct ImiEd lo: droir rnd tilo srwitrrce \l PI\( ).8 \SS(x l \Jl:s l\(' 2671/01r 85a{OO I 763042 L2 a0000/00 llltl i ,rl e Cdf' qflliif*. RFP IIq,:tll&lt |@. fq llai[r R:li* Dr!.nrcr - Prol.lsiqd Brc]€rqd LE:?if,s$ien S.(giox Iln t9. :r)l1r .\- lle ltopmcr rnd iG sublro[tractors- ,s au&oriaxl hi th. Dcplffmsll h.$ r conduced thorxarxls of rxrmbincd inuxtigations as:rcnicetnemhqs tbr tIrc public. as ndl as prir als cotr&..*brs lbr lrounl! cotilics. btr- tirms- and pn\atc fftllEls- ll rdditirmal in ,:sligalir c scnir:x ar.- rcquclr.rl llrr: Itoporrr rvill pror idc l drililr"d pllro of opurtior tbr afimrd hr- thc l\xrinrrrt. TIrc plan uill outlinc drr: sp,xifri: rr-tiorn to l** td+r bt. thc ftopmcr in odlT (o most dTtrctirclr fulfill an' rqucrls madc b1. thc Dcpartrnrart. Thc Rugrarr's usc ql iubqrnlrudors n-ill- rs statul. hc rl lhc dirv*.-t r6mr;rl of tlr' f)r.'1llrtrr."'ttt ard subjr*t ro iodiridual rutoir:rtinn rnd replaerar<mt rr ilhin 2.1 hu.us of thc Dcprtnrqrt's dinrlion. \ IETIIoDOI,OGv \fi.11'H( )l):'- .\\l) ('( )\'l R( )l -S -\. 'Ilr Progxct ston$ liles \r hm ssr.ur€ datab.xts and dcrti:atd sstr trs. as ucll irs (irxrgle l)rire ('loud storice rrith cntljrp.ise.lc'tEl securin. \ll utiliTcd inlirstru.tur€ ig suhtet lo I IIP.L\-srudc rcguLnli.mr irnd Dccts ll PCI dara sccuilv cumpli.mccs. ll, llre lrro1xr$ef utilizcs r vinual prii'rte netu.ort (\'l-\) wiir r dedieaed lP firr tlre trrnsllr ol' soiure lila- in conjunction \th.\Lli-256 qrcrl?tio[ mdhods .rnd intem.ll codur ni€rtion !:rcrrltirrrl. C. llrc ltopos* mainlrins Sl millioo itr crtcr imurrnr;c cor.emte. S(]UCIN]\..__G&XTt\IE\'TTNGI\TER\.\LEITER\.iLST^{,XEHOI..DERS -\. Rcsponsibilitic l- !l niE bc nhc rvsporibility oI th€ Prqpqsq to €unrturd blclgrvund iltcri5.rfions for Delortncnl candidaCx. rs rrr1.ssed. B. t\rprxc of larslfu:rtioo l. To dcL.rminc lhc crndidrlc's suitlbili\- lirr rrnplorrnrnt ui$ thc D{nrtnrent. Itc imcsrig.rtirn mrct lia.ifi. tho miniuun qurlr-Gcirti.E frr the prxitioo as dl.tcrmin.xl bv dlc nrylrtnc t ('. l sc ol lnl'nnnrtion l. The inltrrsratioo colbtlol for talplorrtrdlt purprxet is rr*tri€trrl lo drxi!'1atql prsonncl of rhc ltopcq- md 0E l)!?rrtm{,rr or iS drxigutrd rcprur€nllti\1:. for olfu:ia[ usr onlv. \l ll\i) & ASS(x'l \ -tr.i l\( II 267V031858{001 763U2t2 d$tWU) t\Sr .l o[ !] ('it! ol'\tdrd'€{. tFP \) :trl8-lt Itolo.rl k \Lrd<t Ft{s. D.FrflE.fr - ltoi-.,.il(rud U*grr EJ Inrertg(tiqr Serrrr,r .luft lo lr)l o lB. (bmrol of lnlbnrtim l. lihc L.d hntlriFac ari+rd b $e brdBfllod irrlrrigrior b rqorc"hb frr €arrrirg Orl ffiSruu! Lt rrdfu- afa.ilEd ir rcl &e olfcil $ncirc ooly. 2 Tbc irfirmtio obbird fill tccarG p ot th otall ilsacigelirn- ad *ill be corrolirhled O the Fhcfgrwrd !&rrrtirc rrd Brc\rrxnd ftnrrrr.u rqto i- -1. Bil&Ctood irutigraic rmnrrhd m r cro&i:l of coplo*mr:d dEU bc s'n'o.n h ! lirDrt +pm$ritb to tlr6 ETirED(ru, ot thc l)qrrfncm- C. cd'n.g Prrlir8 lt'rlmnion t- Brlgul inrafigrlin &q.motdi{o sbll tccrmr pui of Ol; Dcp 6cl tecords. "Ihc DcFrtnsat Srf bc n*pooriftle fr( fnrgir3 irfrrrrtirn qon trrrfir. 2. l'hc lho?oBtr r l onh. roir soGib'rt i*mttrrirD rli tsedpd lD €(lnplct {E fiaignnrcnt- o! t, cqqrli with {pfefrk le3a! req!fttltr.rri w'drin t[c oendr& r* lctth by 6r Dcputua.r eod ddralrrd rcads nruim prlicir:r" D. kcsihb &tlgund hfrmwih $orlor l. l.edorll .'\3cncirs r) !X )J (l iut Sr:en/ fmgarDrittsl b) Milirr.r, c.) Ib* OfEle .lr) Irril,EryIim cl [tE^t t) :tarE l)?tr!!.r* (IEportl g) Thca.Er (Cu5M. tRs. -tTf) 2. $ttE .\€rocicr r) Dspdmr of l&a(r $a&ict!{ r'. Stete Ptol 4- l)+rftrsrr of CorrBai.D 5. tsuoau oflHilicetio(qinind |srUr) E. Chniy,lack'Rccor* l. Couny SkiIFr Dcaulnrill !- \&trirgr rEcrnl' r'- Birth dsall rq.ords 267V03185a-OOOr 7630421.2 a0O/00/0O -9- Itgc 5 r{ I\t. PTI(-).t .\S (-)r:lATES. N1- City of Menifee, RFP No.2018-18 hoposal for Menifee Polic€ Department - Professioral Backgroud lrve*igaticr Serviccs Jurle 19,2019 4. Real estate records 5. Welfare progra.mr 6. Jwenild Court recorde F. Local fuencix l. Utility Dcpartments 2. Police reports tiled (victirn" wihesr, suspect) G. Private Infrrmation Sources l. E&rcatirm records 2 Credit Bureaus 3, Business contracls (banls, slor€s, etc.) H. Peraons or Refcf,circtx l. Fami$ 2. Associates or Ac4uainlances 3. Employers 4. Neighbors tBackground investigatioos mry also be r€quired of indivi&Dls \yho de not candidates or candidates for employment Such investigatioru may be rcquired by Btat€ or local codes for specific purposcs. The specifrc stahlte o( ordirtance requiring these irwestigations will deternine the purpose of thc backgound irwestigation- Procedrres similar to thoae lbted above for cadidate baclground irwestigatim will be followed. The depth of 0re inv€stigetioo" report format and use of the infomation collected will be in accordance with the stahrte rcquiring the investigation. Such invertigation.s may be corducted discrE€tly. Recor& of such irvestigations shall be mainiained in the records departmort in accordance wilh the Dspaftnqrt's files plan and records retention schedule. I II,PRO.IECT MANAGEMEIYT AND IMPLEMENTATION A Designating Authorized Users I . The Proposer and the Department will designate the nanes of people who shall save as the Primary Aurhorized Users; 2. Additional Aulhorized Us€fs must be approved in writing by the Proposq and the Departnent M, PINO & ASSOCIATES, INC 2b7lruJ I A5a-,0(I[ 7630421 .2 aw@rn -10- Page 6 of 9 Cii,r oa t tdr il'.e RFP lno }rl&18 Rqcd ftc },&rilec Fob Darm.d - Pic6..6id hdenrd trecdttur S{mB luD. 19 :rll,l l\'. 1 thm Rmrrs 15' dcrQr{c tutan .\r&tlLcd t'*cs lr rqlridrd lo ottiiri!* Crinir.I ud Coutt Rncadr \&trr \:*h!r lhirilgt Reood lod Dwlrtmgtt of ,rarpqrrill, (n)D Ert{)lo$r€d \:rrifiedion odI- lL .\dditinJ I{**-u[ c pcridh rrmrins srirs not hd rtr{r.rtud in orr rrr rpqsifioi atort- or ir rdditim uqr sith r0lnulrll o r ,ox-b}.crr: ber;. irdudirq $c hridin-r of SE.+Eific. heiltr. C- .\n idil c{tnff iro mry tr pcrfuncd ritff r }lm,m ltcrusq nqlErot rairt dlv er wtaiq rwrlf tr*":inrn8 p{ErDExfir! tqbler <tr!e! or tptuEr mio.ritt $rcific 11ilri I ,rilt-d br,lhr D+erid" PROIECT SIIEDTN.E.L\:[' Df,!JtERTBI.E$ PENR'R}|EI' .L TarirrTlndb - {Slrgc Proccr f. Lrqel Cdilas l+2l &!! 2 lnaw [firc CadiG 2I - .rO drF al \.a'irtcer ir timdirs lc pinritt- ffiod b ddr.s h reci6 qf f'anf f3c;'Ct"r' rd qSA ri|f th C'u&0{r'r *trol,b' Thc bllt,r ot rrtA mS tld tn th (hldfr s pririti:r orr etihly lr rnl lgc tcir tim. cfldfut'. bl rb fc{brig ttttdrc tineE- h tsed or se ?ns'{dqnd borlgrocd hrirrt{i! of r dndrdCdil* &r FacG Offiqr- E ST.IGE l - D{ILUL REl'lEE'(Err t-21 t. Recftr rd r*ir th .Hi&rr\ f,.lFldB F.t{s (PI[L nq. cIxTS- Lie ScrL Ctrfl nrgqt. d.-L e) li:ati6: u!, r[lgolclr.ln'nisls t r[al ilc iihiro" 1 Sdr rh tt6chI ...\ n--tornJ fu;EvLE1 rl nGqErt Disirg duDcasihrrrrlirl frqn thc (rdi}lu. bl .firire tuGdi&t d'equful danst E pqrrc lbte ht'rix- 1 Fffilir*rchcHilg of&c Candilia"s [ro&gnjh rsrh'rirr', a) Tl* qrrq 6c httriil rd Fdylrlgf uc cdurtail..f.-tialy ad thc lrwli3t i* Jlc to cmmic*.,ry Eri d ccpn to tlc htSgnphcr. { Sclrddr E4&olr(tG&'Erehlmd tI{nyL{p[ISl Rptsr \l P!\() .t .\sv)r-t.\rr.:i N(- 2671/03r858{nl 7fi042r.2 aoo/oo/m -ll- ttg. , of I (:L\: oa \krdf(. RfP lh ]rt & | t Rrpocd fu \taGc Fslor D.lrm(s - Pro6csid a..tEtF tDc*igci{r S{rrG Jl'lC l:r- -\t l.l t Srod Rrfieqrcr CLrt. kqpd kor:, tr tady&indr- hndlr&,tm** rd -lolurro.rdur(-.ffu drr €rr:rtd ql&-E rall Esracialdh 6. Seod t.oll,B*kyud f8xr. Cf6& nryqii e +pfcrf,i. Ilp grhapt rg*icr ?. Sd l'qifidin Doce \ncl ul,a oftair le ueo d (ir. crrodil n+o{e. c|rrirld trfla.riFr SS']\'- plob- dr.l C- $l .I(ir:* ! - INlltl\1h'\lr1s (lLE .1 to 7l It. ftahd€udil* thclglqrd !tuviw: o! €&rQ'pt-ida*;6rd rsr qf qmcfie di adi' rc.ura; ofcrca, rs fqaaot in llc hml bEliar. Q llrri&-rryroiiadmc oardE I eqiluSpoosl ltrrin!.d Rril:tst Ctrchll -1 HuNcfulbctoa{ hmirur.Ctc*s { furfd PrdEnplq-rq lrtErriclr, r! .{t the dirr<i:o of tftc lDWrtru rl{ b tforthlr apEdfrc the ltaporo cm po.fram l{}Sl" ccfliil $eo or ghone eorfirw wlh errti =rfFfur Eerqg" eAbli.rs. trdo<r&.<*- D. Sr,{GF .t - RFlilErE & \:IiRtFl' (D!tB $IOl L Cc&d Crrrrt ljjllFlo3lrbrlBd'Sry.niw3rd Cts\L'dtm: 2- Rsrin o1- prctioc IIURS iltdErlinrtil pr Pt[S tirrmiUcy- al ldorifl' n5' rn:r d -"4*n 1tre nnqrirc [ilt." €hfi&dir or nrtral fi.+_l;licaln ht Follow{ry silh ac Crdd* or 1ryItth& r3m.iri riugrdidg rr -r- ttl ts+irc AnAq drdtdir- E S["\GE { - FIN.IL RElIE[i L REP(RIL\6 (D*. [t-t{) L RE-i dl o{nm rd 4acg chcdr Daffit ad cdle foribd Ar.rirr€F rl i.linDrrio! a;d .h.-a*iiE dlrrir.d L ltEIEr tE Bdgud $unrr; Rrpqd 0.6 n*l!rr-i lrlunriw Repott rq of <rl*.-t llA ilrmi&iq r!. potria\', rhqgnf'_fthq iurr- curpelird Dy tllc s6rorlirg FtEll' <Ilanriqr -1 lhqtm thc. Crndi&e! B!dE!@rd l}l.flllE frred b l\6,1' guifclirt.s rnd prpritc U tlc D6Elrr.rl" 267 V03185a-Om r 7630421.2 a0o/0o lO -12- ftr{ :a of I\l Pnr) s ".tsxrtlrE\ Nr {i}' of \'tcrifa. RFF \ir lolLl8 Flqnret lnr \terife Rrli:e lleprrncr - Pn{r=ritrl/ &dgrrnrd lr*r-:rigdilt S.r'uiEr Ju'rt l9- -$19 N REQL'IRED I.\SKS T() PB OR\! B'i' TI tr DEP.\RT\IENT L Candideu*'s l\niooae{ Padugc. Plnunal ttrstrrv Statwr"rrt { PHS L rd P€r-ln1 rstitnti\E (hr6ridmrire (PlQ): l. (-rftli&tc's CLETS & NCIC docuucnl: D+anmqr rl (-hclisr -i. (-.rndirhtc's DOI Litu Sern Rrxprr*._ Lett.:-. .1. Crndide|c s prir r:mploruud lxdigmuml inrr:stigrtirn ( if applicabtc]. lt should be noled dr.l lhc Pro0osfi ollrrs continuo[s commonicrlion rYith thd l\ranmfit hI melns ol' diruEl cqEtJct h1 thc BacLgnnrntl Inr rxligator. as ucll as ac:ucrs 1o litc updatc logs' \t Pr\ll & .\s.s{}'T.\TM. Nl- 2671/031854-0001 7630421.2 a00/0O/0O -13- BEr 9ofg City eaiad{.., rF" xc.20l&lt ftwl i.l..rieG h&.c D(*rnEd , tbli.d t MFErd Ltrf,iE ri8 S.lvi:r. J!!3 19.2Ol9 Af!l&.it A: C!.t It Fd & ^..{a.r.G d Frqorcd Clfrr.UAgrttcclt BASI- SEf,VICES: ADDITIOIIAL SERVICXS: M. PINO & ASS&:!ATrS.l}.c. Trrf Ircrcrhfbr E rrty Urit Cora f,raLta ftrr!.r.f nrrr to Cerpl*+ 'ret Faf F(x Sr-r L.*!.d brr4rli (tlrlq.ldtug €qrErirr (8.iva!ri{f., Sri Bdr.rdiE , Oref,., L6 Antcles' Sa Di!8o, IrFirI) s7s.u,?o $ r,500.m H F(FT CHhr i.*tr.-.1 hrtiaf f .tL. (errwrdig co.inr (RiEr:sile, Se Bcrl.{dia. ft-gc. L{c AB:te1 Srn DisgG, h$ri.I) t'r5.00 l8 t rJgl.u) Aili *ryr: Trtt{ frrtr nE*taifi.C.$?J.00 No ctrsc &. lrftlJ^ tnienaiirn rEqr.daa dii& it-d-d c'.pe sill be H&d lE !'.t !k thn (}f,r*. s7tfr, fr* D.r.rbabr llirt, Uri. C.rr LdE.td N.lricr of llt. rtoC Cc{r Tdd A*ivity ChccVSr6 R6a s 75.00 TBD t 7i.00 SLtr'Tr..! {Ln"dc)Ii 75.00 TBD t 75.m Socid M€dir Inrel s 75.tx)TRD s 75,00 SuppldErrl Reprts s 75.00 TRD g ?5.00 Obtaio Otfrcid Recrnls s 75.00 TBD $ 75.00 Vehicle Hiirry RcFxl $ I2J.00 I $ r25.m LP/VINIMVR ReFxt s:J.00 I s 2J.()O Tral& Coltlskn Report $ t05.00 I $ 105.(x) Trrrsuhlirn S 8J0 (pcr Bilae)TBD $ 8.50 267r03 r 85A{00 r 763042t .2 a@/U)/U)-t4- PaBc I oll Ciy dl&if!., rFPi&- 2Ol&lt ttltd G( lr.tiec lblir I}EFrtEd. - Pebi l h.ftEd &ttsidic! Sc'viccs nu.19.2oI9 (}PT|OIAL PII .sf,lLlN AIPROACET PII.A.Sf,DIN APPROACH Tof.t C6t Ahbrcuiatd R-Lgrurrd Uprla&s tir Lr&ral Pc*c OtEcrsl TBD I F(ET &iHlm rkr ft. SrEritil l'-L!r*r lfd{cs {aE*ciB of ooly lrlG rt |E ittfrdiqt 'df D-E dereg$ fa dhrrr rtq l- &rlG+ithd blhorGcy, L tr.* a.. &i.t ar-5r db ll: rlr.tt, df , drb,.r aff.t * l- AIl ir.tiE da8 of po[c. DYiE t tE drfi6.G (lFeitrc Frr.iiiG rpely)- Fqzif o ilru (2) h t-*qf ftatr A(E.1rs fi D(, ttir ([iei." tL hoprE re*t ftcu rdy m .rE e ef thi tElErosl iaw*idr *ke bltxir oigh trc.h-are fli&*q*lhE emdnd (a r ( G-bf-cEe tol d4ortnr o ft idtuilal C&'s fity, uta*. & nqw *an sbol r eco-rtdtio b lb City's B..l!ro.d C€atfui fu r rlrklrirrrd rpFEh ro lry pliftirg C.-d;&'r rElgotd irE iair!. Tlir rlEamrxnddi[ rcdd ifth& lLc El l* ot ftEecO hG. b, coEeh & t-LStrilrrl il!'.. tIi,., rd tlc totrl fttdrcd) oa- ftc fnpw sqH ako be op@ ro sy Dhsscd-in mrod prefcrtcd by ltE Ci:r. FIXED IIOUNLY RATES: P;itbr Tifl.Y".r l: fir.l ll-rlc n a BactgroErd lnvestttaror x 75.00 Fi*t hvdrgpb.t 75.m D&b.9. / Soci.l l!{cdia lni€rt*x $ 75.{n . TE Bi.ld.r \ydtrri U al pr&a gr*ld at dl-irtivc rd ol&rs r 5t( !n EI*.F Er difio*, rhiEn OG Ciy ory rtcrlnr Eo tb Td Aml ds (E uf itY(i)a ril ritir t5 d.F of rir lffi h- Alr.hr.6d FlccFtlrt. ld -t r rrrd cnh$rt b r pEaa oal. :r. ltr fiy (tqdr:tt frlr aL -G a- ..tb h.llal. M. Pl!|(} & Asso('IATEs. Il{c_ 2671/031a5&0001 7630421-2 aoor'oo/O0 -15- PrSr 2 uf l Cir dra.ita IfP lb. 2nl &lt ftiF.l8r !&.itG ErfE tklsrl:tr - In*r-I Ev&!-Fr tlECllt S..riE hrlc 19, ml9 ElTb ftgaccFo+ihdEl' - .f F.dDLitdditra.-a.,md.iret-o*rto4h, p6a, rrtc, cqilldcc*n-. crJ cui*r.t.wit fc4 ad ry & GTE. a Ib hopl povihd.ta!.b ry.dni.Ea -lil-r-(d is-r rif reod s rfis lFf- E My dladrE cEi6.s tbratLi &r h m Dcix apcacrt rtbitndry r.hly da eqdsqFslhcorLlelor -r{ I dicr of irlt!{ afffii{ c-rE r oai.tt6rt tL City of M.rie., p.rt iils b-yrd.I*d a EviE b te Ffdtn d - IrE l ofi* rc4a ld ay EsfiB A!r.-rc!-j uit lLc Ory. ACA]EPTANCT OF PNOPCISED AGREEMUT{T/CONTRACT: Ql Srboarl of taFiDal' *:rra rt Evc reri.rd lt F.qGd eraro.gqgr {Er;1* A}.!d if r*rr nrl roctfr { ur dtb ppd.E r.G. MPA- lnc C4.q-yfh 27,Ot YEld-, fi&{ Adnrs Tcde CA 9?J9 t cnv L_:lil Surr Zry Co& l9Gt,t66 () fclcpln c NuEbcr Cryylylc ilOrua DDr-fio DTrd* Il t*arti-yCryfl.LC) O HiyiHA*hryi*critbdU.c o(Ih TlizL.lQ.r.,(UD fn Nrobct StdEt il&trrt fb ctio Prinl N{e nlf PINO & ASSOCIT{TES,INC. Trtlc -16- P.tr 3 ofl 267rl03r85A-0001 7630421.2 a@/00r'00