2019/12/01 Oracle Investigations Group, Inc. Menifee Police Dept: Professional Background Investigation ServicesCITY OF MENIFEE
PROFESSIONAL SE,RVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: PROFESSIONAL BACKGROUND
INVESTIGATION SERVICES
_THIS PRO-FESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective
this t,lft day of fVIe *lv,i- , 2019 ("Effective Date") by and between the CITY oF MENIFEE,
a Califomia municipal corporation, ("City") and ORACLE INVESTIGATIONS GROUP INC
a Califomia S-Corporation ("Consultant"). City and Consultant may sometimes herein be referred
to individually as a "Party" and collectively as the "Parties."
SECTION I. SERVICE,S.
1.3 Assiqnment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In 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 ofsuch desire of City, reassign such person or
persons.
1.4 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.
Subject to the terms and conditions set fonh 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 ol
Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
I .l Term of Services. The term of this Agreement shall begin on December l, 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 Agreement, as provided
for in Section 8.
l -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.
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L5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Ser.rices or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization fiom the Contract Adrninistrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FIFTY THOUSAND
DOLLARS AND ZERO CENTS ($50,000.00) notwithstanding any contrary indications that
may be contained in Consultant's proposal, for the Services to be pelformed and reimbursable
costs incurred under this Agreemenl. In the evenl of'a conflict between this Agreement and Exhibit
A, regarding the amount ofcompensation, this Agreement shall prevail. City shall pay Consultant
for the Services rendered pursuant to this Agreement at the lime and in the manner set lbrth herein.
The payrnents specified below shall be the only pa),rnents from City to Consultant fbr the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically autholized in advance by City, Consultant shall not bill
City for duplicate services perlbrmed by more than one person.
Z.l lnvoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Ser-vices perfonned and reimbursable costs incun'ed prior to
the invoice date. lnvoices shall contain the following informalion:
a. Serial identifications ofprogess bills; i.e., Progress Bill No. I for the first
invoice, etc.;
b. The beginning and ending dates ofthe billing period;
d. At City's option, for each item in each task, a copy of the applicable tirne
entlies or time sheets shall be submitted sl.rowing the name of the person perforrning the
Services, the hours spent by each person, a brief description of the Servioes, and each
reimbursable expense;
e. The total number of hours of work performed undel this Agreement by
Consultant and each employee, agent, and subcontractor of Consuhant performing the
Services hereunder necessary to con.rplete the Services described in Exhibit A;
Receipts for expenses to be reimburscd;
The Consultant Repl'esentative's signature.
Citv ol Menifee
Atln: Accounts Pavable
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c. A "Task Sumrnary" 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 completionl
Invoices shall be subrnitted to:
f.
29844 Haun Road
Menifee. CA 92586
2.2 Monthly Payment. City shall make monthly payrnents, based on invoices received,
for the Services satisfaclorily performed, and for authorized reimbursable costs incurred. City
shall have thiny (30) days from the receipt ofan invoice that complies with all ofthe requirements
above to pay Consultant.
2.3 Final Payment. Cit y shall pay the last five percent (5%) of the total amount due
pursuanl to this Agreement within sixty (60) days atter completion of the Services and submittal
to City ofa final invoice, ifall ofthe Services required have been satisfactorily performed.
2.4 Total Pavment. City shall not pay any additional sum for any expense or cost
whatsocver incurred by Consultant in rendering the Services pursuant to this Agrecrnent. City
shall make no payment for any extra, further, or additional service pursuant to this Ag'eement.
ln no event shall Consultant submit any invoice for an amount in excess ol'the
maximum amount of compensation provided above either for a task or for the entirety of the
Sewices perfonned pursuant to this Agreement, unless this Agreement is modified in writing prior
to thc subrnission ol'such an invoice.
2.5 Houll), Fces. Fees fbr the Services perfonned by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reirlbulsable Expenses. Reimbursable ex penses are included within the maximurn
amount of this Agrcement.
2.7 Payment of Taxes. Consultant is solel y lesponsible for the payment of elnployment
taxes incun'ed under this Agreenrent and any f'ederal or state taxes
2.8 Paymont upon Termination. ln the event that Ci ty or Consultant terminates this
Agreement pulsuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred lbr Seffices satisf'actorily completed and tbr reimbursablc
expenses as ofthe date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incuned to that date.
SECTION 3. FACILITIES AND EQUIPI\IENT.
Except as otheru'ise provided. Consultant shall, at its sole cost and expense, provide all
lacilities and equiprnent necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space. as rray be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the infbrmation in possession ofCity. The location. quantity, and tirne
of fumishing those facilities shall be in the sole discretion of City. In no event shall City be
required to I'urnish any fhcility that may involve incurring any direct expense, including but not
Iiniited to cor.nputer, long-distance telephone or other communication charges. vehicles. and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the t]pes and amounts of insurance chccked below and provide Certillcates of
lnsurance, indicating that Consultant has obtained or currently maintains 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 agenl to cotllmence work on any subcontracl until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence theleofto City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledgcs the insurance policy must cover
inter-insured suits between City and other lnsureds.
4.1 Workers' Comoensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance lbr any and all
persons employed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia
Labor Code. Statutory Workers' Cornpensation Insurance and Employer's Liability Insutance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($ I,000,000.00) disease per employee, andONE 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 ifthe program of self-insurance complies
fulty with the provisions olthe California Labor Code. Delerrnination ofwhether a sell-insurance
program meets thc standards ofthe Califbmia Labor Code shall be solely in the discretion ofthe
Contract Administrator. The insurer, if insurance is provided. or Consultant, if a prograrr of self-
insumnce is provided, shall waive all rights ol subrogation against City and its oflicers. officials,
employees, and authorized volunteers for loss arising from the Selices performed under this
Agleement.
4.2 Commercial General and Autornobile Liabilit v Insurance
General ut Consultant. at its ou,n cost and cxpcnsc. shalla
maintain commercial general and automobile liability insulance lor the tenn of this Agleement in
an amount no1 less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, fol risks associated with the Services contemplated by this Agreement. TWO
MILLION DOLLARS ($2.000,000.00) general aggregate, and TWO MILLION
DOLLARS (S2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability lnsurance or an Automobile Liability lnsurance form or other form with a general
aggregate limit is used, either thc gencral aggregate lirnit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence lirnit. Such coverage shall include but shall not be lirnited to, protection
against claims arising li'om bodily and personal injury, including death resulting therefi'orn, and
damage to propefty resulting frorn the Sewices contemplated under this Agreement, including the
use ofhired, owned, and non-owned autornobiles.
b. Minimum scooe ofcoverage. Commercial geneml coverage shall be at least
as broad as lnsurance Sen,ices Office Commercial General Liability occuruence lbnn CG 0001.
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Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional recluireurents. Each of thc tbllowi ng shall bc incluilcd in thc
insurance coverage or added as a ceftified endorsenrent to tlie policy:
a. The insurance shall cover on an occurence or an accident basis. and
not on a claims-made basis.
b. Any failure ofConsultant to comply with reporting provisions ofthe
policy shall not affect coverage plovided to City and its ollicers, employees, agents,
and volunteers.
4.3 Prot-essional Liabilitylnsurance
a. General requircments. Consultant. at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($ I,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 ofthe policy must be shown and must be no
later than the commenoement ofthe Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or tcrmination of this
Agreement or completion of the Services, so long as comrnercially available at
reasonable rates.
c. lf coverage is canceled or nol renewed and it is not leplaced wilh
another claims-made policy tbm with a rctroactive date that precedes the Effective
Date of this Agrcemcnt. Consultant must provide extended repolling coveragc lbr
a minimurn of five (5) years after the expiration or tennination of this Agreement
or the colnpletion of the Scrvices. Such continuation covcragc may bc plovided by
one ofthe lbllowing: (l) renewal oltlre existing policy; (2) an extended r,epofiing
period endorsementl or'(3) replacernent insurance wilh a rctroactivc date no later
than the commencernent of the Services under this Agreement. City shall have the
right to exercise, at Consultanl's sole cost and expense, any extended leporting
provisions ofthe policy, if'Consultanl canccls or does nol renew the coverage.
d. A copy of the claim reporing requiremcnts must bc submitted to
City prior to the commencement of the Selvices undel this Agreement.
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4.4 All Policies Requirements,
Acceptability of insurers All insurancc lcquircd by this Seotion is to bell
placed with insurers with a Bests' rating of no less than A:VII and admitted in Califbmia
b. Verillcation of coverase. Priol to b eginning the Services under this
Agreement, Consultanl shall I'umish City with Certificates of lnsurance, additional insurecl
endorsement or policy language granting additional insurcd status cornplete certified copies ofall
policies, including complete cerlilied oopies ol all endorsements. All copies of policies and
certifled endorsernents shall show the signature of a person authot'ized by that insurer to bind
coverage on its behalU The Certificate of lnsurancc must include the ibllowing ref'erence:
MENIFEE POLICE DEPARTMENT: PROFESSIONAL BACKGROUND
INVESTIGATION SERVICES. Ths narnc ancl addlcss fbr Additional Insurcd cndorsente nts.
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 ftir liability alising out of
ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverase. Consultant shall
provide writtcn nolice to City within ten ( l0) working days if: (l) any ofthe required insurance
policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; nrimary insurancc City and its oflicers, employees,
agents, and authorized volunteers shall be covered as additional insuleds with respect to each of
the following: liability arising out of the Services perfbrmed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicablel premises owned. occupied. or used by Consultant: and automobiles
owned, leased, or used by Consultanl in the course ol'providing the Services pursuant 10 lhis
Agreement. The coverage shall contain no special limitations on the scope ofprotection affordcd
to City or its officers. employees. agents, or authorized volunteers. The insurance provided toCity
as an additional insured must apply on a primary and non-contribulory basis with respect to any
insurance or self-insurance program rnaintained by City. Additional insured slatus shall continue
for one ( I ) year alter the expiration or termination of this Agleemenl or completion o{'the Sewices.
A certitled endorsement nlust be attached to all policies stating that coverage is
primary insulance with respect to City and its officers, oflicials. ernployees, and volunteers. and
that no insurance or self-insurance maintained by City shall be called upon Io contrihute lo a loss
under the coverage.
Deductibles and Sell'-ins uled Rctcntions C0nsullant shall obtain thee
written approval of City fbr thc scll'-insurcd retentions and deductibles belore beginning any ofthc
Services.
During the term of this Agreement, only upon the priol express written
authorization of the Contract AdnTinistrator, Consultanl nray increase such deductibles or sell'-
insured retentions with respect to City, its officers. employees. agents, and volunleers. The
Contract Administrator may condition approval ol an increase in deductible or self-insured
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retention levels with a requirement that Consultant procure a bond guaranteeing payment oflosses
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 its policies or shall fumish separate certificates and certilied endorsemenls lor 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, limits, and forms ofsuch insurance are either not commercially available, or that
City's interests are otherwise I'ully protected.
4.5 Remedies. ln addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorscrnents to the exlenl
and within thc time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to olher remedies City may have and are not the exclusive remedy
Iirr 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 Agreementi
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 hereofi and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.2 lnderrnification fol Other than Pro SSI onal Liabilitv . Other than in the
perlbmrance ol professional serviccs and to the f'ull cxtcnt pcnrittcd by law, Consultant shall
indemnity, protect, dcFcn(l (with counsel selected by City). and hold hannless City. and any and
la ? t 0 $51t 000 1
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5.1 Indemnification for Professional Liabilitv. Where the law establishes a
prol'essional standard of carc tbr pcrlbrmance of the Services, to lhe fullest extent perrnitted by
Iaw, Consultant shall indemnify, protect, def'end (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, offlcials, volunteers, and agents f'rom and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) chalges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expeft 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 causcd in whole or in pafi by any negligent or wrongful act, emor.
or omission of Consultant, its oftlcers. agents, employees, or subconlractors (or any entity or
individual that Consultant shall bear the legal liability thereo0 in the perlormance ofprofessional
sewices under this Agreement.
all of its othcers. cmployees, olficials, volunteers, and agents tiom and against any and all Claims,
where the same atise out of, are a consequence of. or are in any way attributable to, in whole ol in
paft, the performance of thrs Agrccment by Consultant or by any individual or entity fbr which
Consuhant is legally liable, including but not limited to otficers, agents, employees or
subcontractors of Consultant.
5.3 Lirnitationoflndenlnitlcation The provisions of this Section 5 do not apply to
claims occuring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City liorn liability arising fionr gloss negligence or willlul acts or omissions of
City or any and a[[ of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSI.IL-I'AN'I"
6.1 Independent Contractor. Atall timesdurin g the term ofthis Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insolar 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 conhol the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Ssrvices under this
Agreement on behalfofConsultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner oftlcers. officials, ernployees, 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 thc Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Seruices 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 tbr or become entitled to any compensation, benelit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement Systenr ("PERS") as an employee ol'Cily and enlitlement to any contribution to be
paid by City for employer contributions and/or employee conlributions lbr PERS beneflts.
SECTION 7. LEGAL REQUIREMENTS.
7 .2 Compliance with Applicable Laws. Consultant and an y subconlractor sl.rall conrply
with all applicable local. state. and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not lrire or ernploy any person to perfbmr work within City
or allow any person to perfom the Services required under this Agrecment unless such person is
properly documented and legally entitled lo be employed wthin the United States. Any and all
work subject to prevailing wages, as detennined by the Director of Industlial Relations ofthe Statc
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility ol'Consultant lo detennine the conect
scale. The State Prevailing Wagc Rates may be obtained f'r'orn the Calitbrnia Depaftment of
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7.1 Governinq Law. The laws of the State of Calilbrnia shall govem this Agreement.
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by catting 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, oflicels. agents. representatives. employees, and volunteers harmless
frorn and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attomeys' fees, experl witness fees, couft costs, and costs incutred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant <lr any
party performing the Services ofany 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 irnplementation olSection
I 781 of the Labor Code, as the same may be amended tiom time to time, or any other sirnilal law;
and/or (iii) failure by Consuhant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section I 781 , as the same may be amended
from time to time, or any other sirnilar [aw. It is agreed by the Parties that, in connection with
per{ormance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages
under Califomia law and/or the implementation of Labor Code Section 178 I , as the same may be
amended I'rom tirne 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 shallrequire the same of all subcontraclors.
7.3 Liccnses and Pennits. Consultant represents and warranls to City that Consultant
and its employees, agents, and any subcontraclors have all licenses. pemits, qualificalions, and
approvals of whatsoever nature thal are legally required to practice their respective prolessions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense. keep in effect at all times during the tenn of
this Agreement any licenses, pcrmils, and approvals that are legally required to practice their
respective professions. ln addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses I'rom City.
SECTION 8. TERNIINATION ,\ND NIODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notifi cation to Consultant.
lr.2 Telmination bv Consultant Consultant may cancel this Agleement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of tennination, Consultant shall be
entitled to compensation fol the Services performed up to the date of tetmination; City. however.
may condition paylnenl of such compensation upon Consultant delivering to City any or all
documents, photographs, computer soflware, vidco and audio tapes, and other materials providcd
to Consultant or prepared by or lbr Consultant ot City in connecticln with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection l.l. Any such extension shall require a
written amendment to {his 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 lbr in this Agreement. Similarly, unless
authorized by the Contract Adrninistrator, City shall have no obligation to reirnburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8,5
all the Parlies
Arnendments. The Panies rna y amcnd tlris Agreernent only by a u,riting signcd by
8.6 SS and Subcontract City and Consultant recognize and agree that this
Agreen'rent 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
protbssional reputation and competence of Consultant. Consultant may not assign this Agreernent
or any interest therein without the prior written approval ofthe Contract Administrator. Consultant
shall not subcontract any portion ofthe perfomrance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event thal key personnel leave Consultant's employ, Consultant
shall notify City irnmediately.
8.7 Survival. Al[ obligations arising prior to the expiration or termination of this
Agrecrnent and all provisions ofthis Agreement allocating liability between City and Consullanl
shall survive the expiration or termination of this Agrcemenl.
8,8 Options upon Breach bv Consultant. [f Consultant materiall y blcaches any ol. tlre
tenns of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any olher work product prepared 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 dilference between the cost to complete the Seruices
described in Exhibit A that is unfjnished at thc lime of breach and the amount that City
would have paid Consultant pursuant lo Section 2 if Consultant had completed the
Services.
SECTTON 9. KEEPING AND STATUS OF RECORDS.
9. I Records Created as Pad of Consultant's Perfbrmance. Al[ r epofts, data, rnaps.
nrodels, chans, studies, surueys, photoglaphs. memnlanda. plans, studies, specifications. recorcls.
filcs. or any other documents or nraterials. in clcctrnnic or any othcl fbrm that Consultant prcparcs
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or obtains pursuant to this Agreement and that relate to the matters oovered hereunder shall be the
property of City. Consultant hereby aglees to deliver those docurnents to City upon the expiration
or termination of this Agreernent. [t is understood and agreed that the docurnents and other'
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specitically lor City and are not necessarily suitable f'<lr any future or other use. Any
use ofsuch documents fbr other projccts by City shall bc 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 bc released to third panies without priot writlen consent
of both Parties unlcss requircd by law.
9.2 Licensine of lntellectual Propertv. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copynights, 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 mediurn 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 Agteement ("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 undel 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 lirnitcd in any way in its use of the Documents
and Data at any time, 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 any and all ledgers,
books ofaccount. 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 tbr a minimum ofthree (3) years, or for any longer period required by law. tiom
thedateolfinal payment to Consultant under this Agreernent. All such records shalI be rnaintained
in accordance rvitlr generally accepled accounting principles and shall bc clearly idcntiticd and
readily accessible.
9.4 Inspection and Audit of Records. An y records or documenls that Section 9.3 ol'
this Agreement requires Consultant to maintain shall be nTade available lbr inspection, audit,
and/or copying at any time during regulal business lrours, upon oral or written request of City.
Under Califbmia Covernnrent Code Section 8546.7, ilthc anrount ofpublic funds cxpcnded undcr
this Agreen.rent exceeds TEN THOUSAND DOLLARS (S10,000.00), this Agreement shall be
subject to the examination and audit ol'thc Statc Auclitor, at thc l'equcsl OI'City o[ as parl of any
audit of City, lor a period ofthree (3) years aller final paynent under this Agreeurent.
SECTION IO.NI I SCE I,I,ANEOT]S PROVISIONS.
10. I Attomeys' Fees. If eithel Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interplet the provision ofthis Agreement, the prevailing
Party shall be entitled to rcasonable attoneys' fees and expenses including cosls, in addition to
2671,01l85ll-001)l
7630421.1a0lr:,1 ttr -ll-
any other relief to which that Parly may be entitled; provided, however, that the attomeys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal sen,ices
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 Apolicable Lawl Venue. The intemal laws of the State of Califomia shall govern
the intelpretation and enforoement of this Agreement. ln the event that either Party brings any
action against the other under this Agreement, the Parlies agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. lfany provision ofthis Agreement is held invalid, the remainder of
this Agreement shall not be aft'ected thereby and all othel parts of this Agreement sl.rall
nevertheless be in full force and effect.
10.4 Section Headines 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 Agreenent.
10,6 Successors and Assigns. The provisions ofthis Agreement shall inure to the benelit
of and shall apply to and bind the successors and assigns of the Paties.
10.7 Consultant Reoresentative. All matters under this Agreement shall be handled for
Consultant by Brian Heider ("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 superuise and direct the Seruices, using his
bcst skill and attention, and shall be responsible for all means, rnethods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 Citv Contract Administration. This Agreement shall be administered by a City
employee, Pat Walsh, Police Chief ("Contract Administrator"). AII 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 pulposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Conttact Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
ORACLE INVESTIGATIONS GROUP, INC
Attn: Brian Heider
13089 Pelon Dr, Suite C
Chino Hills, CA 91709
-t2-2671r031ll5E-0001
761012l.2 a08119,19
10.5 No Imolied Waivel of Breach. The waiver of any breach of a specilic provision of
this Agreement does not constitute a waiver ofany other breach ofthat term or any other temr of
this Agreement.
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
with a copy to:
City CIerk
City of Menitbe
29844 Haun Road
Menifee, CA 92586
10.10 Prolessional Seal. Where applicable in the determination of the Contract
Administrator, the first page ofa technical report, first page ofdesign specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed prolessional
responsible tbr the report/design preparation. The stamp/seaI shall be in a block entitled "Seal and
Signatue of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signatulc of Rcgistcled Prolbssional with
report/design [esponsibi I ity.
l0.ll Rights and Remedies. Except with respcct to rights and rernedies expressly
dcclared 1o be exclusive in this Agreernent. thc rights and lemedies ofthe Parties are cumulative
and the exercise by eithel Pafty of one or more of such rights or lemedies shall not preclude the
exercise by it. at the same or different times, of'any olher rights or remedies for the same del'ault
or any other det'ault by the other Pafty.
10. I 2 lnteqration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents thc entirc and integrated agreemenl between City and
Consultant and supersedes all prior negotiations. representations. or agreements, either wdtten or
oral. The tenns of this Agreement shall be conslmed in accordance with the meaning ol'the
language used and shall not be construed lbr or against either Party by reason ofthe authorship of'
this Agreement or any other rule of construction whioh might olherwise apply.
10.13 Counteryarls. This Agreernenl may be executed in rnultiple countel?at1s, cach ol'
which shall be an original and all of which together shall constitute onc agreelrent.
10.[4 Execution ofContract. The persons exeouting this Agreement on behalfol'each of
the Partics hereto represent and warrant that (i) such Party is duly organized and cxisting, (ii) thcy
are duly authorizcd to execute and deliver this Agreement on behalf of said Party, (iii) by so
execuling this Agreement, such Parly is lbnnally bound to the provisions ofthis Agreement. and
(iv) that entering into this Agreement docs not violate any provision of any othcr Agl€ement to
which said Pafiy is bound.
2671,0:rIn58.0mI
7610421.2 a08 29 19 - l3-
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 periormance of this Agreement
tlrere 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, marital status, sexual orienlation, national origin, or ancestry.
10.16 No Third Patl, Beneficiaries. With the cxception of the specitic provisions sct
lb(h in this Agreemenl. there are no intended third-par1y beneficiaries under this Agreernent and
no such othcr thild parlies shall have any rights ol obligations hcreunder.
I0.17 Nonliabilitv of Citv Officers and Emoloyees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event ofany default or breach by City or for any amount which may become due to
Consultant or to ils successor, or for breach ofany obligation ofthe terms ofthis Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is uscd against or in concert with any ollcer or cmployee of City in connection with the
award, terms or implementation of this Agteement, including any method ofcoercion. confidential
financial arrangement, or financial inducernent. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent ol
Consultant, in connection with the award ofthis Agrcement or any work to be conducted as a result
of this Agrecmcnt.
10.19 No Benefit to Arise to Citv Employees. No member, officer, or employee ofCity,
or their designees or agents, and no public official who exercises autho ty 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-agreernent, or the proceeds
thereol, lor the Services to be perlbnled under this Agreement.
ISignatures on Following Page]
267I,0ilI1t58.0{l)I -t4-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF NIENIF CONSULTANTil;'1
Amrando G. Villa, City Manager
A.M g, City Cl
Heather Heider. Vice President
INote: 2 officer's signatures required if
Consultant is a corporation, unless providccl
with a celtificate oI secretary in-lieu]
B
a
Melchin AltomeyC
?67l01lll5li-000t
?610,121.2.08 l9'l e -t5-
Aftegt:,)
4
Fonn:
EXHIBIT A
SCOPE OF SERvICES
EXHIBIT A
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.) Regutation 1953 for Sworn Peace
Officers
. Peace Officer Standards and Training (P.O.S.T.) Regutation 1959 for Potice
Dispatchers
. California Civit Code I786, et at.
A comprehensive background investigation fite shatt inctude a detaited report summarizing
al[ findings and reports of each appticant's background and etigibitity based on City of Menifee
hiring and POST (Peace Officers Standards and Training) standards and the above- referenced
codes and regutations. Though not solety provided / completed by the Proposer, a Menifee
Potice Department background investigation report wit[, at a minimum, address the fottowing
areas:
1) A narrative-based summary of the applicant's background investigation. This
summary witl reftect the betow-tisted aspects of the background investigation,
and articutate any concerns that were discovered as a resutt of the background
investigation.
2) A review of the candidate's personal history statement.
3) A photograph of the appticant.
4) Verjfication of birth and citizenship.
5) Socia[ Security Number (SSN) - Trace & Address Locator verification to determine
name and name variations used by the individuat 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 professional references.
8) Verification and contacts with the applicant's personal references.
9) Education background and verification. This section shoutd verify that the
appticant has either graduated from an accredited high school, or has passed the
Generat Education Development (GED) Test, or has passed the Catifornia High
SchooI Equivatency Examination. Copies of transcripts and diplomas from
cotleges and universities must be inctuded.
7630421.2 i00,oo,oo
EXHIBIT A
The successfu[ Proposer shatl 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 successful Proposer must have the in-house personnel
and resources to comptete a maximum of twenty (20) Potjce pre-emptoyment investigations
in an eight (8) week period.
10)Mititary verification and/or Setective Service registrations, inctuding appticabte
dates of service, branch of mititary, rank and discharge status, etc.
1 1 ) Financiat information, inctuding monthty income/expenses.
12) Criminat history that advises of felony and/or misdemeanor convictions.
13)Apptications to other Police department agencies, inctuding an examination of
the status/dispositions of said apptications.
14) Motor vehicte driving history (att states in which applicant hetd an
operators/driver's license), inctuding a copy of the appticant's driver's ticense
and proof of motor vehicte insurance.
15) Drug and/or substance use history.
'16) Neighborhood and rent check, inctuding contacts with the applicant's neighbors.
17) Potygraph examination. (Proposer does not administer the potygraph
examination, but witt provide a statement regarding the resutts of the
examination).
18)Civit suits and legal judgments concerning the appticant (Federal, State and
current county of residence).
'19) Fingerprint return, demonstrating the resutts of a Department of Justice and
Federal Bureau of lnvestigation fingerprint check for criminal history (To be
provided by City of Menifee Potice Department).
20) A check of wants/warrants information systems, including: County of Riverside
CLETS system; National Crime lnformation Center (NCIC); Department of Justice
search of the Child Abuse Central lndex (To be provided by City of Menifee Police
Department).
267 rrot rJ5lr-000t
7610421.2 00r00'00 1-
M.nlt.. Polica Departm.nt - Profesrional BickSround lnvegt Batron se.vacei RtP {RrP t 2018-18)
d P
Oracle hvestigationi Group utilizes the followint POST standardired process to complete letally
compliant POST bicktround inv$titations. Specilically, our investigative feam tollows the
followlnS Ten Step Process to, our backtround investigations:
1, Pre-lnvestiSation Activities.
2. P,eparation of the Eackground packel.
3. M€etint with the Candidate to explain the Background packet.
4. Reviewofthe Personal History Statemeot (pHSland other completed/returned m.terialr.
S. The lnitial Background lnte.view.
5. Collection & Submlssion o, Crndidate Finge.prints.
7. lmplementation of the lnvestlgative p.ocess.
L Oetection of Deception Eraminations.
9. Discrepancy lntervrew (lf Necessary).
10. Flnal Report and Background Packet prepa.ation.
Oracle lnvestitations Group also tollows POST Commission Regulations 1953 and 1959, which
speclfy the requlred sources of information for backSround investitations of peace officers and
publlc safety dispatchers. These ten (10) areas of investigation includel
1. Personal ldentlfyint lnformation.
2, Relativer and other References.
3. Education History.
4. Residence Bistory.
5. Employment History.
5. Military History.
7. Financial History.
8. LegalHistory.
9. OrlvlnS History.
L0. Other Toplcs Relating to Assessing MoralCharacter
The followlnS arethe POST Requirements and 6uidelines forcompleting peace Oflicerand public
Sarety Oispatche, backS.ounds:
Cltltenthlp Vcrlicatlon lPcaar Officer3l - Peace officers must be cftizens or have
applied for citiienship within three vears of appointment. Accepted proo, includes
Bovernmenl-issued birth certificate, naturalization documentation. or valid u.S.
pa5!port,
1671,1)l ll151] 0(JOl -3
POST Eackrround Requirements & Guidelines
Rrhtivli/Pcrlon.l Refcrences Chccks lpGec€ Omccrr lnd publl. Safetv
Dkoat(hc6l - Contacts and intervtews with .elatives, includint former
spouses/aeSistered domestic partners and peasonal references listed on the
candidate's Personal History statement are reqlired [o, both peace oflicers and
public 5afety dispatchers.
Are lPelc! OttlcGrrl - peace officers musl be at lea5t eighteen (tg)years old.
Emoloym.nt Ellrlblllw lpublk Satelv Disoatch.6) - There are no specific citirenship
or age requi.emeots for public safety dispatchers; however, proofof eligibllity to wo*
in the United States {USCIS Form l-9 - Employment Etitibility Verification) ls required.
Crlmin.l Record Ch€cls - Lo<.|, Strtc, .nd .tional lpeacc Omcer' and publlc
Sailty Oltpttch$tl - Criminal record searches at the local, state, and national levels
are requlred. tingerprint clearances are required from the OOJ and FBl. Firearm5
€learance5 are required for peace ot ice, candidates.
Drivinr Rccord Chlcl (P!.ce Otfccr3 ard publlc Srfety Oiiprtchcir) - OMV ,rpo.t!
or oth€r official driviog records are required for both peace offire.' and public salety
dispatchers.
€du.ation Verificatlon lPe.c. Omcers and public Satcw Disoatcherrl - Minimum
peace ofricer educational requirements are detailed in Government Code 61031(e).
Althou8h there are no minimum educational requirements for public safety
dispatchers, veriflcation of educational history must be collected as a measure of
conscientiousness, learning ability, and related attributes. Official tra.scrapts are
acceptable p.oof; diplomas a.e not.
EmolovmCnt Hidorv Checks lpea.e Ofllcers.nd publlc SaLtv Oirqetcherst -
Employment checks are requared for a period of at leart ten (lO) years fo, peace
omcers. Employm€nt checks of employeff within the last ten (10) years are requlred
for public salety dispatchers.
Oi$olutlon of Marilaa€ Che.l (peace Olfice'5 and publlc Saletv Disoatche.sl - proof
of marriaSe disrolution/sepa,ation is explicltly rtipui.ted in the requlrements for both
peace officers and public safety dispatchers.
N.lrhborhood Ch"ds lpG.cG Ofricert and publlc Saf€tv Dlipatchrrsl - Conta.t5 and
interviews with neiShbo6 are requi.ed for both peace officers and public safety
dispatcher5, ret.rdless of lentth of time at residence,
l( 71,03135i1.0001
761().121.1 00 00,00 -4
M.nifc! Polkr Oep.nment - profession.t Ba.k8round tnv6!i!!1io1$.vE!_!t!-$rp r 20
Manlfea Poliaa Deparlmrnt - profasrional g.ctground lnve5llgation Service! Rf P (Rrp, 20r8-18)
Mllhary Hlstory ClEd. lPc.cc Offc.r' and puHic S.fetv Disoatch€.st - prool ot
Selective Service registratlon (where applicable) and militery s€rvice records are
requi.ed for both peace officers and publlc satety dlspatchers.
Cfrdlt Rccord3 Ched lPeace Otflccrr and Publlc Srlctv Ol3pltchcr3l - Credit records
checks a.e required for peace officers and public rafety dispatchers.
oracle Pations G .lnc. Backrrou Process
Oracle lnvestit.tions Group, lnc. follows the procer5 outlined below during ou. brckground
investitations and would.ecommend the same general outlinc tor the Menifee police
Oepanment:
1. Once a bactground investitation is received by our office, th€ personrl Hi5tory Statement
is reviewed and an invertigator is assigned. We then collaborate and discuss our
anvestigative strategy berore betinning the investitation. Communication between field
invertiSators, the Director of Backtround lnvestigations, the Coordinator ol Baclt.ound
lnvestigations and otfice manatement is continuous throughout the backg,ound
lnvestiSation p.ocess. Eackground investEatlons are conducted and managed by rormer
law enforcement protessionals with interview and investigation traininS wito are POST
Cenilled Baclt.ound lnv!rtigators.
2. Prior to the ons€t of beginning ary bulk police background investitation process lor the
Menifee Poli(e Department, Oracle lnvestigations Group will review, in det.il, all job
d esc/iptions fo, the positions being rilled and coo.dinate with Menlfee police Department
per5onnel acco.dlngly- We will also utilire our significant erpe.ience in applicant pre-
screening to help the Menlfee Police Oepanment create a legally-€ompliant initial
applicant questionnaire to help p.e-sc.een candidates.
3. Oracle lnvestigations Group will conduct the following stepr du,in8 the backg,ound
investigation process for the Menifee Police 0epa.tment:
a. Meet with Menilee Police Oepartment pe,lonnel prior to the onset of any
upcominS police o, dispatcher academy to coordinate background investigation
intake, production timeline and agency needs. Discussions reg.rdint any updates
in the law, recent ca5e law decirions or other possible neede or concerns wlth the
Menilee Police Depanment or upcoming academy will oc.ur du,inB this meeting
ar well.
5
267t1).1t85Ii-0001
7610.111.1a00 00 00
Menilee Pollca Depertment, professional Saclground lnvest i8atron Scrllccs RtP lRtP | 2018-tB)
b Obtain the following documents f.om the Menifee police Department regardinS
the applic.nt:
. Pe.sonal History Statement (pHS)
. Pre-Employment Backtround euestionnaire (pEBe). Signed/Notari.ed Walver of Release
. DMV Printouts
. Credit Seport (Ar Requlred By Position). Local taw Enforcemeot Agency Checks (As Requi.ed). Polygraph Examinatlon Resuhs/p.e-polygraph lnterview (tf Requiredl. DOJ live Scan Results
. Firearms Clearancc Letter
c. Conduct an in-person intervlew wlth the applicaat at the Menitee police
Depanment or ot r corpo.ate office. tl the Menllee police Depanment is able to
provide a recrunment video to Oracle lnveslitations G.oup, our team is able to
have the video playing when the applicant arives and waits for her or his
appointment with the Bacltround tnvestigator.
d. Du.in8 thir in-person interview, the Backg.ound lnvestiSator will verify the
Inlormation on the PHS and pEBe and obtain the applicant,s phototraph in a
professionalmanner.
e.Our Eacktround lnvestiSator will alro request, obtain and verify the followint
cenified and/gr ori8inal items (Notet Due to ou extensive expetience ond
expertlse in the pte-employment bockgtuund sectot, our investiqotots utilize
online dotobdses ond othet open source motetiols to ctoss-rcfercnce ond ve Jy
documents submitted by opplico nts)
. Driver's Licente
. Social Securlty Card
. Eirth Cenificate
. CitizenshipRequirement
. Ma,riate Certitlcat€
. M..riate Dissolution Recordt
. Automobile lnsu.ance Decla,ations page
. Work / Cducatlon / Trainin8 Certiticates
. High School/ College Transcripts
. Selecttue Service Registration / Military Discharge
6-l67t,0l llt58-01)01
7ar10l2 I 2 aoo ll0 0{)
Menlfee Polire Dapartment. Prot€lrional S.cl8round lnvest igalion Servlcer RFP (RrP t 2018-t8l
f. Review DOJ Live Scan Results, firearms Clearance Letter and local .ecords checks.
Conduct extensive Social Media lnvestltatlon manated by our in-house social
media experts and review cont€nt. Mail aecordi letteas to law enforcement
agencies in crheria jurisdictions and mailatency letters. (lf requlred)
8. Neithbo.hood checl and physic.l dercription of neithborhood. Canvasr
nelghborhood and attempt to interview at lean five (5) ,esidents. A noii€e o,
inquiry will be left when appropriate and follow-up conducted whh telephone
interviews-
h. Visir applicant's pe.sonal reiidence {Sworn Only Unless Othe.wise Requested).
Home visit to include photograph(s) oI reiidence (if r€quetted) and interviews
with spouse, sitoificaot other, roommates and/or tamily. tnvestigato. will
describe condition ofthe residence, both interior and exterior.
Employer lnterviewr (Pa5t 10 years). Review work history, employee tiles, obtain
copies offiles, summaaaze perlormance reviews, interyiew supervisor and at least
two (2)cu.rent and former (o-worker5.
j. R€view any b.ckground investigation(s) conducted by anoth€. agency.
k. Conduct interviews with at least two (2) secondary references (Those not
ldentitied as references by the applicant).
l. Review all reference quastionnair€5 and conduct tollow-up intervlews on
questionnaires wherethe applicant is rated as sub-standard, below ave.ageor not
comPetent.
m. Conducl additional investigation as needed regarding potentially disqualifying
intormatlon and the source(rlfrom which it wis,eceived.
n. Conduct discrepancy lntervlew(s)with the applicant as needed.
o. Provide update to the Menifee Police Depa.tment within one (1) buriness day of
request or upon dl5covery ol dlsqualilyang information.
p. Submit the completed investigation in proles5ional presentation format as per
POST guidelines and the specifications of the Menitee pollce Depaltment withio
the specified timeline,
2671r(ll l lt5ll-00i)l
7610,{21 2 10010000 7-
Oracle lnvestigations Group will malntaln a hard copy ofthe completed background investitation
files for, at minimum, two (2) years in our secure corporate office or at the lo.ation ofour secure
CoIpoIate storage partner, Corodata. Oracle lnvestigations Group spent a significant amouot of
time vettingdata storage companies and Corodata came outfar ahead with outstandinE reviews.
lncluded with this proposal is Corodata'5 Statement of eualifications fo. the Menifee police
Department's consideration.
We will also maintain a s€cure ditital file of ihe completed background investiSation within our
digitalinfrastructure and willprovide the Menifee pollce Department wlth a digitalcopy ofsame.
Oracle lnvestitations Group will also timely respond to any complaints submitted by applicantg
regarding discrepancies wlth their backSround investigation when .equired based on rindings and
ifthose findings have been disclosed tothe applicant.
Menifee Pollce Departmcnt - prolessionat Saakground lnv€sti8ation Servi.es Rtp (Rtp n 2018-18)
File Confidentialitv &ritv
ADolicant P re-Screenins
Oracle lnvestigations Group ls proud to have Tracy Veraldi, current president of the California
Background lnvesti8ator'e Association (CBIA). as our Dirertor of Backtround tnvestigations.
Based on Tracy and our team's significant experiehce in workln8 with municipal police and fire
atencies alld tralning these agencies across the State of Callfornla, we have created a tried and
tested model related to applicant pre-screenint.
ln orderto pre-scaeen the Menlfee police Departmenr,t applicants, our agencv recommehd5 that
we work with rhe Menifee Police Departmant,s command staff ln order to create a legally
compliant lntake questionnairc that addresses unlawful behavior that would result in a
disqualilication or non-selection at the initial application point. This process and our proprietary
pre-screen questionnaire can be {unher discussed if our atency is selected as a finalist to serve
as the Menifee Police Department's prime baclground investigator vendor.
Oracle lnvestigations Group has included a sample "police Officer Executive Summary,,with this
proposal for the Menifee Police Department's review. please nore that all personal identifying
information has been removed from this document to protect appliaant and agency privacy. you
will also note that our atency refers to the applicant as "Applicant,, in the document. This is
purposeful, as we seek to remove any potential element of bias from our clients, background
investiSations by removinB pronoun identifie15 ofthe applicant.
2671,011858 0001
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SamDle Background lnvestigation
Menllec pollca oapanmenl - profassional gactSround lnvestlgat lon S.rvlc.s RfP (RfP I2018.18)
The aSencies we worl with greatly appreciate our neut,al inveltigative approach as it allows
atency command staff lo male hiring determinations baSed on qualifications alone versu, age,
Sender or ethnicity. We would also recommend brln8ing this same approach to the Menifee
Police Oepanment'r hl.lng p.ocess.
Oracle lnvestitatlons Group is not a Consumer Reportint ASency (CRA) as defined by legal
rtatute. This is not uncommon, as rnost (if not .ll) of the vendor, ,ubmittin8 proposals to provide
background investigation seMces to the Menifee pqlice Departmeot are not CRA,5.
In order to review applicant'i credit worthiness, Oracle lnve5tigations Group recornmends that
the Menifee Pollce Depa.tment have the applicant.equest and submit a sealed credit,epon
djrectly to either the Menifee police Department or our agency durint thc background p.ocess.
lfthe Menilee Police Departmlnt wanti Oracle tnvestigations Group to request a;d obtain these
credit repons on behalf of ea.h applicant, our aSency i5 willint to discuss and negotiate a price
polnr to conduct this service.
Credit Reportint Arencies
Oracle lnvestlgatlons Group i5proud to employ a dive.iiffed group ofinvestitators, includinglou,
{4) ofour back8round investigatore who are bilingual in borh Enttish and Spanish.
LeEal & Fair Credit R€portinr Act (FCRAI Compliance
As is noted earlie. in this propos.l, Oracle lnvestigatlons Group pgss.sies the Fair Credit
Reportint Act (FCRA) Sasic Centficate issued by the National Association of professional
Back8round Screeners (NAPBS). Thls cenlficate was issued to the firm.s qualified Manager and
President, Brian Heider. Thls cenification separates Oracle tnvestigations Group from the
competition and shows our commitment to our clients as it relates to the Fair Credit Reportint
Act and accurately completint backSround lnvestlgations tor our clients.
Licensed Notarv Public
Oracle lnvesti8atlons Group has a [i(ensed Notary public on staff to assist the Menifee police
Department in having applicants obtaio the requisite notari2ed affidavits and gther relevant
documents prepared to beSin the background investitation procesr. We would be willing to
coordinate wilh the Menltee Pollce Depanment during applicant background intake meetinSs to
have our [icensed Notary Public on,site to rssist wlth this process.
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Diversified lnvestiEators
Oracle lnvestitations Group ls accustomed to providing qualiry bulk pre,ernployment background
serviccs to our public aecro. clients and is f.equently tasked with turning around la.ge amounts
of backtrounds in a short timelrame for the police and fire atencies we are cont,acted with. lf
selected, we are confident that we can fflleach ofthe police and/or dispatch academles utlli:ed
by the Menifee Police Dcpartment du.ing the lile of this contract with the requisite amount of
qualified candidates in a .easonable turnaround timef,ame.
We undeEtand that the Menifee Police Department needs to fill approximately fiftV_eithr (5g)
sworn and seventeen {17) civilian professional employee positions in the coming years to staff
the depaftment. The Menifee police Department also anticipates the need to conduct
.pproximately one hundred and eighty (180) POST back8rounds to ffllthese posttions. With this
iaid, our aSency har the staffing and .esources to service these needs as you. prime backtround
investigation vendor prior to the targct go-live date ofJuly l, 2020. Our agency ha5 baclgro!nd
investiSators on staff who reside in all counties in Southe.n California, allowlng u5 full coveraSe
and accessiblllty for our clientr.
Meniler Pollaa D€penment - protesgionalBa ck8round lnve5t iSation Servi.cs RtP (Rrp t 2018-18)
Service Volume
With a total of thirry (30) POST-Cenjfied Backtround tnvestitators on sraffthar are managed by
the curent Presldent of the California Background tnvestitators Atsoci.tion (CB|A), Oracle
lnvesti8ations Group can navitate unusually high workloadi with ease, therefore reduclnt
turnaround times for the Menifee Police Department. We are confident that we can both meet
and erceed the requested eiSht (8) week turnaround time for comple ng approximately twenty
(20) POST backt.ound investig.tions per assiSnment.
Service Guarantee
Oracle lnvestigation i Grou p is p ro ud of t he services tve p rovide to our c ltent s. We prlde ou rse lves
on the timeliness, thorouthness and accuracy of our work product and st,lve to serve with
inte8.ity, honoJ and conviction. Theaefo.e, we are willing to guarantee our serviaes and worl
ptoduct to the Menifee Police Department. Should any se.vice provided not meet the agreed-
upon timeline or your standards. Oracle lnvestigations Group will appropriately discount the
speclfied seNice based on the situation and request from the Menitee police Oepanment.
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Menilee polLe Depa(ment ' P.ot.rrione I Sa.lsround tnvestigation S€Nices RFP (RtP ,20f8.18)
Phased-ln Approach
Oracle lnvestigations Group is wlllint to participate in a discussion with Menifee Police
Oepartment peBonnel to discusi a phased-ln approach to conductint pre,employment
backSround investigations. ln order to appropriately price ou. services as they would relateto a
phased-in approrch to the pre-employment background procesi, our team would need to meet
with Menifee Police Department Command Staffto discuss the Conditional Offer of Employment
(COE) placement within the department's back8round investitation process to ar.ive at logical
checkpoint phascs of the back8round process. Funhermore, our agency may be able to miti8ate
the need for thi! phased-in approach by helping the Menifee Police Oepartment €reate an
eff ective applicant pre-screen process.
Additional Services Provided
lf needed and r€luested, Oracle lnvestigatlons Group is prepared and able to assi5t the Me6i{ee
Police Depanment in cooducting worke6' compensatioo AOE/COE investigations and
suNeillance investlgation!. We have a fully-st.ffed team of wo.ke,s' compensatlon and
suNeillance inve5tiSators and can provide this service .s-needed to the Menifee Police
Depanment and City o, Menifee.
ln addltion, Oracle lnvesta8ations Group is proud to have lnvestiSator Rick Serrato avallable to
train our leam. Rlck retired from the santa Ana Police Department as a decorated narcotic omcer
and surveillance expert and is a Past President and State Orlicer of the Year of the California
Narcoti(i Offi€eB Association (CNOA). Ricl is on. of the toremost experts in the State ol
Califo.nia in providinS mobile and stationary surveillance trainlnS. Oracle lnveslitations 6roup
can make RIck avallable to traln Menifee Police D€partmenl perronnelin survelllance technlques,
if necessary and requested, durint the dulation of this contract.
Oracle lnvesti8ations Group has also provided workplace investiSations since 2010 to over two
hundred (200) public, private and charter schools as well as .olletei and univerlities ac.ors the
State of California. As members of the Association of workplace lnvesti8ators (AWl), Calirornia
Assoclatlon of Licensed lnvestigators {CAl-l) and other professional trade ortanirations, we
understand case law that aflects woakplace investiSations and therefore slay up to date on
changing case law and important best p,actices within the workplace investiSation industry. We
utlllze the "p.eponderance of the evidence" standard in our lnvertiSative reports and always
€nsure that we work with our clienls to clearly define the Scope of lnvesllSation prior to
commenclnt any worlplace Investigation so that we can appropriately budged the investitative
needs of our client!.
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Menife€ Policc Oeparlment - ProLslbn.tg.clground I nvestiBaiion Services RF P (RrP ' 2Or8-lS)
Since 2010, Oracle lnvestigations Group ha5 been ,etained by young, Min6ey & Corr, Ltp, the
lartest and mort well.respected charter school law llrm in the State of California, to assist their
public schoolclients whh intcrnal rvorkptac€ investigations. Jo date, we have wo.ked with over
one hundred and fifty {150) of their clients in providint worlplace iovestigations and have
provided investigative services in multiple disciplines including, but not limited to;
. Sexual Haaaslrnent
. Hostile Work Environment
. Retirement F.aud
. tmbezzlement & Thett
. Age, Gender & Ser Discrimination
. Title lX lnvestigations
. Theft of Public Funds
. PublicCorruptionlnvestitations
. Asset Searcher
. Wate & Hour Theft
. Workplace Violence
. Forensic Evidence Recovery
. Mobile & 5tationary Surveillance
Oracle lnvestigations Group.e.ently hosted a two-day Civil Rightr lnvestigator certification
training put on by the A$ociation of Title tX Administrato.s (ATIXA) and The NCHERM Group
(TNG), the leadint Title lX law firm in the country. Thi! Civil Rights tnvestitator cenification
t.alnlnS wlllgive allofour investigative sitnificant invertitative credentials. O,acle lnvestigations
Group is one of only llve (5) investigative firms in the Uniled Stater selected by TNG and ATTXA
to conduct workplace lnvestitations of Tltle lX violatioos at colleges and unlverslfles across the
country.
Oracle hvestigations Group has been retained by public aSencies such as the Los Anteles
Metropolitan Transil Authority and the tos AnSeles City Attorney's Office to conduct internal
workplace Investigation5 into allegations of employee misconduct.
We have frequently ioterfaced and wo*ed wellwith union and leg.l representatiyes durlnt the
cou.'e ofour lnvertigations, as manv of the employees we have interviewed in prigr workpl.ce
investlS.tlon matters wlth ou, public aten€y clients have the right to union and/ot legal
representation. Our investigators also have a stront working knowledge of the publi. Safety
Officers Procedural Bill of Rights Act (POBR)and followthese provisions duringour investigations.
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Menifee Polic! Depanmant, prolesrionalA.clground lnvestigation SeNi(es RFP (RtP l2O18.18l
All oI our workpl.ce investigators have slgniricant expe ence testifying in cavil, criminal and
admlniilrative coun3. Our investitators have provided expen witness te5timony in civil matters,
criminat matters, betore the Workers, Compensation Appeals Board {WCA8) and the California
Commirsion on Teacher Credentialing ICCTC). Our investigators are alio famlliar with POBR
rightr.fforded to ipecific peace olflcer designations and also state, federal and constitutional
law aflectinS the internal affairs procers-
ln addition, our agency provides Shooting lncident Reconstruction (StR) rervices to publi.
agencies and has provlded this service to the City of Los AnSeles CIty Attorney,s Ofllce on behalf
oI the Los Angeles Police Oepartment {tApO) for the past five (5) yea.s. Forensic Supervisor
Heather Heide. and her partner, Rocky Edwards lone of the nation,s most prominent Flrearm
Exam lners ) freq u ently contract with public agencres to help reconstruct ofricer Involved shooting
{ol5) sceoes to assist with triar preparation and case evarualion for civil raw5urts that we.e filed
as a resuh ofthe OlS.
To date, Heather and Rocky have been lauded for their sitniricant Shooting tncident
Reconflrucllon, Forensic Crime Scene Reconslructlon and Forensic Firearm Eramination
expenlse that has provided immeasurable value to public atencies. Several promlnent lawsuits
were found In tavor of the cities Heather and Rocly represented as a result of their forensic
reports and e)(pert witoesi testimony. Should the Menifee police Department need these
servl€es, our aSency is ready.nd willing to assiit.
tinally, should we be awarded this contract, Oracle lnvestigations Group ls also wlllinS to make
its stafl avallable as needed to provide in-service trainint to the Mentfee police Depanment and
its personnel ln the followint subiect matter areas:
Social Media lnvestitations
Workers' Compensation lnvestigrtions
Wo,kplace Sarety Assessments & Consideration5
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