HomeMy WebLinkAboutWIGLEY INVESTIGATIVE SERVICE - 2005-02-02 cy-
SU itY Contracts SubmittAl'td,
City Clerk's d4icef - '
Hum Beach, C
To:
CITY CLERK
1. Name of Contractor: Wigley Investigative Service
2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake-Huntington Central Park
Background Investigative Services
3. Amount of Contract: $28,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
/NAMAX sion C Ite
City ttomey's Office
Date: 2905 �] la mm m
RECEIVED
FEB 0 4 M5
City of Hunftgton Beach
City Attorney's Office
g:lAttymisc/forms/city clerk contract transmittal.doc
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
666-y �, UCs -r
FOR
THIS AGREEMENT ("Agreement") is made and entered into this day of
200 S, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
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hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
0 �W� C�� T-2 PiE ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "All
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates � � who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agrce/forms/profsery 10/1 S/01 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on L5E�j, Ae—P ,5,Z7unless
sooner terminated as provided herein. All tasks specified in Exhibit "At' shall be
completed no later than 7 from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," a fee, including all costs and expenses, not to exceed
Dollars {$ PUU(�/(�
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/15/01 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
b. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without Limitation, all original drawinus. designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY. CITY
agreelformslprofsery 10/15101 3
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shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY
in enforcing this obligation. CONSULTANT will conduct aLl defense at its sole cost and
expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as limitation upon the amount of indemnification
to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000) per occurrence and in the aggregate. The above-mentioned
insurance shall not contain a self-insured retention, "deductible" or any other similar form
of limitation on the required coverage except with the express written consent of CITY. A
claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
agreelforms/profscrv10115101 4
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's indemnification and defense obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and
timely manner, the premiums on the insurance hereinabove required.
agroclforms/pro Fsery 10/15101 5
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13, ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
agreelforms/profscry I Of 1510 t 6
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach C�
ATTN: C��.. a jptL- LC-
2000 Main Street
Huntington Beach, CA 92648 ;�/� �T -A1� �laf�
agree forms/profsm 10/15101 7
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consentiapproval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
agredforms/pt ofsav 10/15101 8
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
agrce/forms/pro Fsery 10/15/01 9
24. ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event
suit is brought by either party to construe, interpret and/or enforce the terms and/or
provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing parry shall not be entitled to recover its
attorney's fees from the non-prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that parry's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
agrcdformslprofscry 10/15/01 10
i
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
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Director of RWYCC P a
B (Pursuant To HBMC§3.D3.1 DO)
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REVIEWED AND PRO D:
print name
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Secretary—Treasurer Clty ' inistrator
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agrcclformslpro fscry 10/l 5M I 1 1
EXHIBIT "A"
Background Investigation Services
STATEMENT OF WORK: (Narrative of work to be performed)
The scope of services is broken down by duties and responsibilities for the Contractor
and the City. The selected contractor will complete the assigned fieldwork for the
background investigation of police department applicants. Contractor will work closely
and report to either the Personnel Officer or Background Investigator, whoever has
primary responsibility for that investigation.
CONTRACTOR'S DUTIES AND RESPONSIBILITIES:
1. Contact applicant's previous employer(s) to:
A. Review/copy personnel file
B. Interview previous co-workers/supervisors
2. Conduct neighborhood check(s) for applicant's current and previous
residence(s) to interview neighbors.
3. Contact/visit other police agencies to which the applicant has applied to
review background file and interview Background Investigator.
4. Prepare written reports for each contact made.
CITY'S DUTIES AND RESPONSIBILITIES:
1. The Background Investigator/Personnel Officer will provide oversight of
the background investigation, including assigning fieldwork to individual
investigator.
2. The Background Investigator/Personnel Officer will provide training as to
the proper format for interview and reports.
3. The Background Investigator/Personnel Officer will determine the
appropriate due date for the information and reports.
4. Pay contractor after an invoice is received from the consultant
This contract will be in place until the number of police employees is within 2%
of TO,or the contractual funds are exhausted,whichever comes first.
WORK PROGRAMIPROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is understandable
that some services will continue beyond the contract period if the services are on-going.
These on-going services will not have any costs that will be assessed beyond the contract
period.
jmp/contracts group/exA/I/005
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EXHIBIT "A"
Background Investigation Services
STATEMENT OF WORK: (Narrative of work to be performed)
The scope of services is broken down by duties and responsibilities for the Contractor
and the City. The selected contractor will complete the assigned fieldwork for the
background investigation of police department applicants. Contractor will work closely
and report to either the Personnel Officer or Background Investigator, whoever has
primary responsibility for that investigation.
CONTRACTOR'S DUTIES AND RESPONSIBILITIES:
1. Contact applicant's previous employer(s) to:
A. Review/copy personnel file
B. Interview previous co-workers/supervisors
2. Conduct neighborhood check(s) for applicant's current and previous
residence(s) to interview neighbors.
3. Contact/visit other police agencies to which the applicant has applied to
review background file and interview Background Investigator.
4. Prepare written reports for each contact made.
5. Contractor represents that performance under this agreement does not
require the breach of any agreement or obligation to keep in confidence
the proprietary information of another party.
6. Contractor covenants that Contractor presently has no interest,including,but
not limited to, other projects or independent contracts, and shall not acquire
any such interest, direct or indirect,which would conflict in any manner or
degree with the performance of services required to be performed under this
Contract. Contractor further covenants that in the performance of this
Contract no person having such interest shall be employed or retained by
Contractor under this contract.
CITY'S DUTIES AND RESPONSIBILITIES:
1. The Background Investigator/Personnel Officer will provide oversight of
the background investigation, including assigning fieldwork to individual
investigator.
2. The Background Investigator/Personnel Officer will provide training as to
the proper format for interview and reports.
jmp/contracts group/exA/1/4/05
EXHIBIT "A"
3. The Background Investigator/Personnel Officer will determine the
appropriate due date for the information and reports.
4. Pay contractor after an invoice is received from the consultant.
5. This contract will be in place until the number of police employees is
within 2% of TO, or the contractual funds are exhausted, whichever comes
first.
WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is understandable
that some services will continue beyond the contract period if the services are on-going.
These on-going services will not have any costs that will be assessed beyond the contract
period.
jmp/contracts group/exA/1/4/05
EXHIBIT "B"
Background Investigation Services
A. Hourly
CONSULTANT'S fees for such services shalt be based upon the following hourly rate and
cost schedule:
$60.00 per hour for investigative services.
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
1. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
UAContractsTayment SchedulesTayment Schedules by RCA\Exhibit B-Background Investigation Hourly.doc
EXHIBIT "B"
Background Investigation Services
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
S. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
$. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
UAContractsTayment SchedulesTayment Schedules by RCAIExhibit B-Background Investigation Hourly.doc
5
EXHIBIT "B"
Background Investigation Services
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
UAContractsTayment SchedulesTayment schedules by RCA\Exhibit B-Background Investigation Hourly.doc
FEB.02'2005 12:44 7604719378 AMIS/Alliance INSURANCE #6813 P.001/001
ADO D. CERTIFICATE OF LIABILITY INSURANCE DAtQIN15bIDnnY,
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alliance Mgt .. & I17SvrariCE SErV ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
g HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
License # 0737966 ALTER THE COVERAGE AFFORDED I3Y THE POLICIES BELOW.
P.O. Sox 849
Sam Marcos, CA 92079 INSURERS AFFORDING COVERAGE
INSURED WIGLEY INVESTIGATIVE SERVICES � INSURERA-FIRST MERCURY INSURANCE COMPANY
511 S FIRST AVE #124 INSURERS;
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KbA TYPU OF INSURANCE POLICY NUMDEfiwy-I'OLIGY pPFEOSIVE POLICY EXPIRATION _..._._... LIMITS
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CITY OF HUNTINGTON BEACH AND ITS OFFICERS & AGENTS ARE
NAMED AS AN ADDITIONAL INSURED.
INVESTIGATION CA —
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER; A, CANCELLATION
SHOULD ANY OF THp ABOVE DESCRIBED POUMES BE CANCELLED C16FORE THE EXPIRATION
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AT'rN- SHANA BAWA NQTICE TO THE CERTIFICATE HOLDtR NAM M. TO THE LEFT,
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
AUTHORIZED REPRESENTq E
ACORD 25-S (7197) Q ACORD CORPORATION 1988
$ lty PROFESSIONAL SERVICE CONTRACTS
Hung ''Mchei PURCHASING CERTIFICATION
GENE
1. Requested by: Shana Bawa FEB 0 1 2005
2. Date: January 20, 2005 City of Hundngron Beach
City Attorney's office
3. Name of consultant: Wigley Investigative Service
4. Description of work to be performed: Background Investigation
5. Amount of the contract: $28,000.00
6. Are sufficient funds available to fund this contract?' ❑ Yes, ® No
7. Company number and object code where funds are budgeted: 10070109.69365
8. 1s this contract generally described on the list of professional service contrac
approved by the City Council'? ❑ Yes, ® No (37 1.Cq
9. is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom ro osals were requested (including a
con tac ne number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
v
F1.
IC RD AM DR1L, Manager
Purchasing/Central Services
` If the answer to any these questions is"No,"the contract will require approval from the City Council.
Purchasing Certification-Background Wigley 04-05.dot 1/20/2005 11:24 AM
Wigley Investigative Services
511 South First Avenue, #124
Arcadia, California 91006 (626) 359-3779
Metro City Protective Services
21 Cantata Drive
Mission Viejo, CA 92692 (949) 586-6890
B&V Background Specialists
43 8121520 Yorba Linda Blvd. #D
Yorba Linda, CA 92887 (714) 777-5110
Aguilera&Associates, Inc.
P.O. Box 4009
Long Beach, CA 90804 (888)498-7064
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10/26,;"2004 eq; 53 7143741557 131TI-I CLERK PAGE 01
CITY OF HUNTINGTON BE.*
MEETING DATE: August 16,2004 DEPARTMENT 10 NUMB D-04-010
Council/Agency Meeting Held:
DeferredfContinued to:__
Y_Approved Q Conditionally Approved 13 Denied ltyjClef5 Si Lure
Council Meeting Date. August 16,2004 Departrne' L) Number- PD-9-01j6
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
73
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
C-5
f
SUBMITTED BY: PENELOPE CULST711 H-GRAFT, CITY ADM!NI TR
TOR
lit...................
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE
SUBJECT; Approve Contracting for Background Investigation Services
StatenRent of 13*ue,Funding Source,Recommended Actlon,Alternative Action(s).Anatysis,Environmental Status.Att"Ilmorl(a)
Statement of Issue:
The Huntington Beach Police Department conducts ongoing recruitment efforts for internal
vacancies created by retirements and resignations. A thorough background investigation is
required for all Police Department positions prior to hiring new employees. The department
has two police officers assigned to complete all background investigations. Currently, each
of these investigators is assigned as many as 12 to 16 background investigations, The
current ISacklog of investigations has slowed the background process and made it difficult to
fill vacant positions within the department. The Police Department is requesting permission
to contract with a private company to assist with portions of the background investigation
services. It is anticipated that this will allow the department to fill our vacant positions in a
more timely manner.
Funding Source:
Appropriate $28,000 for background investigations from the unreserved, undesignated
General Fund Balance.
Recommended Action:
1. Approve and authorize the Police Chief enter into an agreement with a private company
to assist with background investigation services as assigned and approved by the Police
Department, and
RCA Background Investigationa.doe 712312004 1.06 PM
10I26/2004 +9: 53 7143741557 CTTV CLERK PAGE 02 _
f - REQUEST FOR ACTIaW--
MEETING DATE: August 16,2004 DEPARTMENT ID NUMBER, PD-04-010
2. Approve the appropriation of $28,000 from the unreserved, undesignated General Fund
Balance for background investigation services, and
3. Authorize the Police Chief to expend up to $28,000 for background investigation services.
Alternative Action(s):
Do not approve the contracting for background investigation services and direct staff
accordingly.
Analysis:
The Huntington Beach Police Department recruits for sworn and non-sworn positions due
retirements, resignations and other reasons. Once applicants pass their initial testing and
interview, they. enter the background investigation process. The background prowess
consists of the following:
Family and Reference Checks
Credit check
Driver's License check and driving history
Criminal history
Financial history
Employer Check (in writing and in person)
Neighborhood checks(in person)
Currently, Huntington Beach background investigators are assigned between 12 and 16
active investigations. By contrast, background investigators at most other police agencies
carry between 6 and 8 active background investigations at a time. The large caseload in
Huntington Beach is caused by the current number of vacant positions and because the
background investigators assisted the Information Systems Department (IS) with background
investigations of newly hired IS employees. The large caseload has resulted in extensive
delays in the completion of background investigations. Huntington Beach background
investigations take approximately four months to complete. Most other police departments
strive to complete investigations in approximately two months. Due to the extended
background process in Huntington Beach, some candidates have accepted job offers from
other agencies because the other agency was able to complete their pre-employrnent
background and offer them a position in a shorter time period.
If the Police Department outsources a portion of its background investigation responsibilities,
the Department would have the ability to complete most backgrounds within a two-month
period. This would enable the department to fill vacant positions more quickly, and it would
reduce the likelihood that well-qualified candidates would be hired by other departments prior
to the completion of the background process.
RCA Background Investigations-doc + August 3,2004 5:51 PM
r�-
__._ ...........
10/2512004 09:53 7143741557 CITY CLERK PAGE 03
REQUEST FOR ACTION
MEETING DATE: August 16,2004 DEPARTMENT ID NUMBER: PD-04-010
If this request is approved, the police department will enter into a contract with a private
company to complete a portion of the background investigation process. It is anticipated that
the private company would be used to conduct interviews with neighbors and prior
employers. Many law enforcement agencies successfully use private companies to complete
background investigations, and it is not anticipated that there will be any reduction in the
quality of the investigation based on the use of a private company.
The assignment of additional full-time personnel to background investigation duties is not a
feasible solution at this time. Assignment of additional personnel would result in a further
reduction of personnel available for uniformed patrol and criminal investigation duties_ This
requests for an unanticipated emergency due the current shortage of sworn personnel.
As adopted by the City Council in March, 1998, all request for the midyear appropriation of
General Funds must meet one of the following criteria: t) The request is for an unanticipated
emergency, 2) The request is required to implement labor negotiations, or 31 The request will
be offset by related new revenues. This request meets criterion #1 as it is necessary to
reduce the amount of time for the background process to be able to recruit the best
candidates.
Environmental Stags:
.None
Attach merat(s):
City Clerk'
Page Number N
1 Fiscal Impact Statement
RCA Author. Shawna Kron"ohmidt
RCA Background Invaatigations,doc •9• August 3.2004 12:01 PM