HomeMy WebLinkAboutRCS Investigations and Consulting, LLC - 2013-10-01 Dept. ID FD16 010 Page 1 of 2
Meeting Date:9/6/2016
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CITY OF HUNTINGTON BEACH
� y= REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/6/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: David A. Segura, Fire Chief
SUBJECT: Approve and authorize execution of Amendment No. 1 to Professional Services
Contract between the City and RCS Investigations & Consulting, LLC for as-
needed Background Investigative Services extending the contract term one year
Statement of Issue:
The Fire Department requires professional pre-employment background and investigative services
on an as-needed basis. To provide these services, a contract was entered into on September 23,
2013, with RCS Investigations & Consulting, LLC. This contract will expire on September 23, 2016,
and a contract amendment providing a one-year extension is requested.
Financial Impact:
None.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement
Between the City of Huntington Beach and RCS Investigations & Consulting, LLC for As-Needed
Background Investigative Services."
Alternative Action(s):
Do not authorize a contract amendment and provide staff with alternative direction.
Analysis:
On September 23, 2013, the City entered into a professional services contract with RCA
Investigations & Consulting, LLC to provide Fire Department pre-employment background and
internal investigative services. Since then, they have conducted a large number of background
investigations for Firefighter, Firefighter Paramedic, Ambulance Operator, and a number of other
Department classifications. Their services are essential to the hiring process and for the past three
years they have performed in a timely and professional manner.
At this time, the Fire Department wishes to continue using RCS Investigations & Consulting, LLC
for these services. The attached amendment, which will provide a one-year extension to the
contract, is recommended for approval. This extension is allowed under Municipal Section
3.03.120. Following expiration of the contract a competitive bid process will be conducted to obtain
a vendor for these services. All terms and conditions of the agreement will remain the same and
funding for these services are budgeted in the Fire Suppression and Emergency Transport
Business units (10065203.69365 and 10065403.69365). A total of $32,500 is budgeted in these
two business units for this purpose in FY 2016/17.
Item 10. - 1 xB -192-
Dept. ID FD16 010 Page 2 of 2
Meeting Date:9/6/2016
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. "Amendment No. 1 to Agreement Between the City of Huntington Beach and RCS
Investigations & Consulting, LLC for As-Needed Background Investigative Services"
HB -1 9;- Item 10. - 2
AMENDMENT TO NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
RCS INVESTIGATIONS & CONSULTING, LLC
FOR
AS-NEEDED BACKGROUND INVESTIGATIVE SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY",
and RCS INVESTIGATIONS & CONSULTING, LLC, a California corporation, hereinafter
referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
September 23, 2013, entitled "Professional Services Contract Between the City of Huntington
Beach and RCS Investigations & Consulting, LLC For As-Needed Background Investigative
Services," which agreement shall hereinafter be referred to as the "Original Agreement," and
Since the execution of the Original Agreement,
CITY and CONSULTANT wish to amend the Original Agreement to extend the term of
the Original Agreement,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. EXTENSION OF TERM
The term of the Original Agreement is extended to September 23, 2017.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on, %L-r'7z'a ' /, 2016.
RLS 7/20/16/16-5365/140440/DO 1
CONSULTANT, CITY OF HUNTINGTON BEACH,
RCS INVESTIGATIONS & a municipal corporation of the State of
CONSULTING,LLC California
By:
City Manager
print name
ITS: (circle one)Chairman/President/Vice President INITIATED AND APPROVED:
AND
Fire Chief
A �`7" APPROVED AS TO
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ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer City A Ormey 000 Z ZWO
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RECEIVE AND FILE:
City Clerk
Date
RLS 7/20/16/16-5365/140440/DO 2
CONSULTANT, CITY OF HUNTINGTON BEACH,
RCS INVESTIGATIONS & a municipal corporation of the State of
CONSULTING, LLC California
By: 4.14,
City Nf a e
print name
ITS: (circle one)Chairman/President/Vice President
INITIATED AND-APP ' VED:
AND
F1re Chief
By:
APPROVED'AS TO
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ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer City A orney bta Zti'ZS`Vb
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COUNTERPART
RECEIVE ND FILE:
City Clerk'
Date
RLS 7/20/16/16-5365/140440/DO 2
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
'FEe ,,;;9o9 Office of the City Clerk
Robin Estanislau, City Clerk
RCS Investigations & Consulting, LLC
Attn: Steve Rodig, Principal
P. O. Box 29798
Anaheim Hills, CA 92809-9798
Dear Mr. Rodig:
Enclosed for your records is a copy of the fully executed "Amendment to No. 1 to Agreement Between the
City of Huntington Beach and RCS Investigations & Consulting, LLC for As-Needed Background
Investigative Services."
Sincerely,
eq4ftu
7�
Robin Estanislau, CIVIC
City Clerk
RE:pe
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
CONTRACTS SUBMITTAL TO
CITY-CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: RCS Investigations and Consulting
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Employment Background Investigation Services for Fire Department Personnel
Amount of Contract: W_If� =00
Copy of contract distributed to: The original insurance ce ificate/waiver distributed
to Risk Management
Initiating Dept. ❑
Finance Dept. ORIGINAL bonds sent to Treasurer ❑
Date
Name/Extension
City Attorney's Office -�
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RCS INVESTIGATIONS & CONSULTING, LLC
FOR
AS-NEEDED BACKGROUND INVESTIGATIVE SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and RCS Investigations & Consulting; LLC, a California Corporation hereinafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to .provide as-needed
background investigative services; 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 "A," 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 Steve Rodig who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on October 1 20 13 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. 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.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
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," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed one hundred thousand Dollars ($100,000).
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 compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, 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 (or alleged 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. 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
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($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or.fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
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:
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A. provide the name and policy number of each carrier and policy;
B. 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 defense, hold harmless and indemnification 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.
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
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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.
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
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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 RCS Investigations & Conuslting, LLC
ATTN: Patrick McIntosh Attn: Steve Rodig, Principal
Fire Chief
P.O. Box 29798
2000 Main Street Anaheim Hills, CA 92809-9798
Huntington Beach, CA 92648
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 consent/approval 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
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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. 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
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
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 parry shall bear
its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's
fees from the nonprevailing parry.
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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the,signatory or is withdrawn.
28. 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 party's behalf, which are not embodied in this
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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 supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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bet\\een the parties respecting the utbject matter of this Agreement. and supersede all prior
understandings and a�,reements \\hether oral or in %\riting between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval bN the Cit\
Attorne\. This Agreement shall expire \\hcn terminated as provided herein.
IN WITNESS V\'HFREOI-. the parties hereto have caused this Agreement to be
executed bN and throe<gh their authori/ed officers.
CONSULTANT. CITY 01' I lUNTINGTON BEACH.
a Municipal c rporation of the State of
California
RCS In\estigations &, Consulting. 1_EC
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide investigative services on an "as-needed" basis for background and
general administrative investigations to be determined during the term of this agreement. During
the term of this agreement, CITY may elect to solicit proposals from CONSULTANT for additional
investigative work.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall include but is not limited to the scope of work
shown in Exhibit A.1.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish orientation paperwork to the CONSULTANT.
2. Furnish wants,warrant and restraining order search inquiry to the CONSULTANT.
3. Furnish driver's license review/driving record(pull notice verification)to the CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each background or administrative investigation assigned
by CITY.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
See Exhibit B.1 - Schedule of Billing Rates
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthl in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
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 project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to 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.
4. 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.
1
Exhibit B
5. 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.
2
Exhibit B
EXI€IBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. 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.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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.
4. 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.
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RCS INVESTIGATIONS & CONSULTING, LLC
FOR
AS-NEEDED BACKGROUND INVESTIGATIVE SERVICES
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirety.................................................................................................. ...................10
29 Effective Date.................................................................................11
Exhibit A.1
HUNTINGTON BEACH FIRE DEPARTMENT
BACKGROUND INVESTIGATIVE SERVICES
SCOPE OF WORK
RCS Investigations and Consulting will generally complete background investigations in
30 working days and will provide a partner from the firm to serve as a point of contact,
participate in meetings and engage in other requested services as needed.
RCS Investigations and Consulting promises to provide all services in a timely,
professional manner in compliance with applicable Federal, State and local laws, as
well as in a workmanlike manner according to the standards and ethics in the industry
as established by the California Secretary of State, Department of Consumer Affairs,
Bureau of Investigative Services.
As part of the scope of work RCS Investigators will provide the following:
• Conduct a detailed Personal History Statement [PHS] and Background
Investigative Questionnaire [BIQ] of the applicant at a location designated by
the client.
• Conduct a home visit with the applicant.
• Contact neighbors of the applicant and complete questionnaires.
• Contact several listed personal references including family members and
complete questionnaires. .
• Contact the current employer after approval of the Fire Chief and review any
available files and interview co-worker(s), supervisor(s), or manager(s) and
complete questionnaires.
• Contact previous employers for the past 5-10 years and complete
questionnaires when possible.
• Contact selected previous employers [Ambulance Companies, etc.] and review
applicable files if available.
• Forward agency checks to local police departments with return postage to the
Huntington Beach Fire Department.
• Prepare a complete summary report.
• Prepare a complete background file.
RCS Investigations and Consulting will charge $115 per hour for standard
administrative investigative services and consulting and will complete such assignments
within a timeframe agreed to by RCS and the City.
Exhibit B.1
HUNTINGTON BEACH FIRE DEPARTMENT
BACKGROUND INVESTIGATIVE SERVICES
SCHEDULE OF BILLING RATES
Applicant Position Billable Rate
Fire, Sworn $1,500 per investigation
Fire, Non-Sworn $1,250 per investigation
Administrative Investigations $115 per hour
Travel Expenses Reimbursement only allowed for travel
outside of the Southern California area;
these expenses must be pre-approved by
the CITY in writing and in advance of
incurring the expense.
C-516
ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH
RCS INVESTIGATIONS AND CONSULTING, LLC,
FOR BACKGROUND INVESTIGATIVE SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made
and entered into as of this 2-A day of June, 2012 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ("City"), and CS
INVESTIGATIONS AND CONSULTING, LLC a California limited liability company
("Consultant"), whose address is P.O. Box 29798, Anaheim Hills, CA 92809 and is
made with reference to the following:
RECITALS
A. City is.a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires background investigative services.
C. City desires to engage Consultant to provide background investigative services
("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Charlie
Chavez, Managing Partner.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and .shall
terminate on June 1, 2017 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On-Call" background investigative Services as
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ("Services"). Upon written request from the Project Administrator
(as defined below in Section 6), Consultant shall provide a letter proposal for Services
requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter
Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available.;
2.1.3 The estimated number of hours and cost to complete the Services;
and
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Four
Hundred Fifty Thousand Dollars and no/100 ($450,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
CS INVESTIGATIONS AND CONSULTING, LLC Page 2
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on ail Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty(30)days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
4.3.2 Approved reproduction charges.
4.3.3 Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charlie Chavez to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or.any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project .
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non-key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement shall be administered by the Human Resources Department. The
Human Resources Supervisor in charge of recruitment or his/her designee, shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his/her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
m
CS INVESTIGATIONS AND CONSULTING, LLC Page 3
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to provide access to, and upon request of Consultant, one
copy of all existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. C"onsultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's.Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed.directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
CS INVESTIGATIONS AND CONSULTING, LLC Page 4
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
CS INVESTIGATIONS AND CONSULTING, LLC Page 5
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to.
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation.. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at anytime.
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders.' Rating
of A-(or higher)and Financial Size Category Class Vll (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non-payment .of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including.coverage for any owned, hired, non-owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
CS INVESTIGATIONS AND CONSULTING, LLC Page 6
14.7 .Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
14.8.1•The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right.of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
14.8.1.2 Enforcement of Agreement Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
-14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.4.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
Without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
CS INVESTIGATIONS AND CONSULTING, LLC Page 7
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-
five percent (25%) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the Services
in this Agreement, shall be kept confidential unless City authorizes in writing the release
of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
CS INVESTIGATIONS AND CONSULTING, LLC Page 8
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices.shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work;data,, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21.- WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
.immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
bome by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY°S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act,.Consultant shall conform to all requirements of the.
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
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City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when.
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Rebecca Redyk, Human Resources Supervisor
Human Resources Department
City of Newport Beach
3300 Newport Blvd
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3304
Fax: 949-612-5077
25.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: Charlie Chavez
CS INVESTIGATIONS AND CONSULTING, LLC
P.O. Box 29798
Anaheim Hills, CA 92809
Phone: 714-864-0089
Fax: 714-996-6340
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act(Government Code sections 900 of seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
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within a period of .two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party falls to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non-defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Compliance With all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.6 Amendments. This Agreement may be modified or amended only by a
written document.executed by both Consultant and City and approved as to form by the
City Attorney.
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28.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.8 Controlling Law And Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
28.9 Equal Opportunity Employment. Consultant represents that it is an-equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
28.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
28.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
CS INVESTIGATIONS AND CONSULTING, LLC Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTO EY'S OFFICE A California municipal corporation
Date: S Date: iv
By: Y•B `
Aarori C. arp Nancy Gardner
City Attorney Mayor
ATTEST: CONSULTANT: CS INVESTIGATIONS
Date: �2- AND CONSULTING, LLC a California
Limited Liabili r Co pany
Date: U/ ;Z--
gY By: C�'G
Leilani I. Brown Charlie Chavez
City Clerk Managing Partner
U i
09<� [END OF SIGNATURES]
Attachments: Exhibit A—Scope of Services
Exhibit B—Schedule of Billing Rates
CS INVESTIGATIONS AND CONSULTING, LLC Page 13
EXHIBIT A - SCOPE OF SERVICES
1. SCOPE OF SERVICES: CONSULTANT RESPONSIBILITIESIPROVISIONS
1.1 Upon written request by the City, Consultant shall perform a thorough
background investigation on each individual designated by the City.
1.2 Background investigations shall meet any and all standards established by the
California Commission on Peace Officer Standards and Training ("POST") and/or
California Background Investigators Association ("CBIA").
1.3 Consultant shall provide an update regarding in-progress background
investigations within twenty-four(24) hours of a request by the City.
1.4 Upon conclusion of each background investigation, Consultant shall provide City
with a written report and investigative summary on each individual investigated,
which shall include, but not be limited to:
1.4.1 Verification of completeness of applicant's Personal History Statement;
1.4.2 Verification of applicant's date of birth;
1.4.3 Verification of applicant's marriage and/or divorce records;
1.4.4 An interview of the applicant;
1.4.5 An interview of applicant's present and past employers, encompassing
the previous ten(10) years;
1.4.6 An interview of applicant's personal references (e.g. co-workers,
supervisors, other department heads, community leaders and
neighbors); and
1.4.7 Verification of applicant's military records, if applicable.
1.5 Written reports and investigative summaries shall be delivered to the City no later
than six (6) weeks from time of investigation request, unless previously approved
by the City.
1.6 Consultant shall not charge the City for mileage or travel within the Southern
California area, unless previously authorized by the City in writing.
1.7 Consultant may charge the City for incidental travel costs incurred for travel
outside of the Southern California area; however any and all foreseeable
incidental travel costs must be pre-authorized by the City in writing.
1.8 Consultant shall possess and maintain a current Private Investigator License
issued by the State of California Department of Consumer Affairs, Bureau of
Security.and Investigative Services.
A-1IPa.ge
2. SCOPE OF SERVICES: CITY RESPONSIBILITIES/PROVISIONS
2.1 City shall provide Consultant with the following information after initiating a
background investigation request:
2.1.1 Applicant's LiveScan fingerprints, including firearms verification;
2.1.2 Applicant's Department of Motor Vehicle (DMV) printout;
2.1.3 Applicant's College degree verification;
2.1.4 Applicant's credit report;
2.1.5 Copies of Newport Beach Police Department background verification
forms, including references, employer verification, etc.
2.1.6 Local law enforcement agency checks;
2.1.7 Applicant's signed waiver of release; and
2.1.8 Applicant's polygraph examination results (if required).
2.2 City shall request the following information from all applicants to be investigated:
2.2.1 Certified copy of Birth Certificate, or proof of citizenship (if born outside
the United States);
2.2.2 Certified copies of marriage certificates and/or divorce decrees;
2.2.3 DD-214 form, if applicant served in the military;
2.2.4 Selective Service Number;
2.2.5 Bankruptcy records;
2.2.6 Civil suit records;
2.2.7 Name Change records;
2.2.8 Valid motor vehicle operator's license;
2.2.9 Social Security card;
2.2.10 Proof of automobile insurance for all vehicles operated;
2.2.11 Sealed college transcripts for all institutions attended;
2.2.12 High school diploma and/or transcripts, or GED test score;
2.2.13 Any other documents that may be relevant;
2.2.14 Academy certificate(s) and/or state law enforcement certificate(s) (for
law enforcement positions only);
2.2.15 Specialized law enforcement training certificate.(s) (for law enforcement
positions only); and
2.2.16 Recent police report writing samples (minimum of five, for law
enforcement positions only).
_......_.__-__._..._..._..___.-.._.__......................._.__.._.�.._.---....__.__.._._._-
A-2 1 Page
EXHIBIT B- SCHEDULE OF BILLING RATES
APPLICANT POSITION BILLABLE RATE
Police and Fire, Sworn $1,500.00 per investigation
Police and Fire, Non-Sworn $1,250.00 per investigation
Misc. Executives, Directors and Managers $1,650.00 per investigation
Reimbursement only allowed for travel
outside the Southern California area;
Travel Expenses these expenses must be pre-approved
by the City in writing and in advance of
incurring the expense.
CITY OF NEWPORT REACH
a,
w
4Q F 0
REQUEST FOR PROPOSAL NO. 3-7
BACKGROUND INVESTIGATIVE SERVICES
RFP Due Date: March 28, 2012
RFP Administrator: Anthony Nguyen, Senior Buyer
T: 949.644.3080 F: 949.642.7072
anguyen CED newport beach ca.gov
(Email the RFP Administrator to be added to the Contact List for this RFP to
receive updates regarding addenda to this RFP)
Interested parties may obtain a copy of this RFP by contacting the Purchasing Office or by
accessing the City of Newport Beach website:
https://www5.newportbeachca.gov/osupplier/bid current.asp
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PART1:RFP OVERVIEW............................................................................................................................................1
1. INTRODUCTION............................................................................................................................................2
1.1 Objective: ..................................................................................................................................................2
1.2 Background:...............................................................................................................................................2
1.3 Oefinbions ---------------------------------------------_�2
1.4 Proposal Evaluation Criteria:....................................................................................................................2
1.5 Selection Process:......................................................................................................................................3
1.6 Project Schedule:.......................................................................................................................................3
2. INSTRUCTIONS..............................................................................................................................................4
2.1 Submittal Information:.............................................................................................................................4
2.2 Questions,Answers and Addenda ToRFP:...............................................................................................4
2.3 Proposal Format:.......................................................................................................................................5
3. TERMS AND CONDITIONS.............................................................................................................................5
3.1 Acceptance of Terms and Conditions:......................................................................................................5
3.2 Precedence of Terms and Conditions:......................................................................................................5
3.3 Public Record:............................................................................................................................................5
3.4 Availability of Records:.............................................................................................................................G
3.5 Late Proposals:..........................................................................................................................................G
3.6 Specificity of Information: ........................................................................................................................6
3.7 Errors and Omissions:...............................................................................................................................G
3.8 Proposal Validity:......................................................................................................................................6
3.9 Right of Rejection:.....................................................................................................................................6
3.10 Right of Rejection of Lowest Fee Proposal: ------------------------------'G
3.11 Non'Comp|iance .......................................................................................................................................7
3.12 OeterminationofResponskenessandResponsN|ity:-------------------------J
3.13 Exceptions to Proposal Requirements:.....................................................................................................7
3.14 Obligation to Award:.................................................................................................................................7
3.15 Bidder Reimbursement Prohibition:.........................................................................................................7
3.16 Gratuity Prohibition. ------------------------------------------J
3.17 Contact with City Personnel:.....................................................................................................................7
3.18 |ndemnification:---------------------------------------------�8
3.19 Insurance Requirements:----------------------------------------.8
s�0 CompUancew�hAUAppUcabkeLaws:----------------------------------8
3.21 Inclusive Proposal Pricing:........................................................................................................................8
PARrl SCOPE OFSERNCES(A77ACHMBVTA)........................................................................................................9
ATTACHMENT A:SCOPE OF SERVICES..................................................................................................................i0
PART 3:OTHER ATTACHMENTS(A77ACHMBV7S8-E}............................................................................................13
ATTACHMENT B:STATEMENT OF COMPLIANCE...................................................................................................i4
ATTACHMENT C: PROPOSER INFORMATION FORM.............................................................................................iS
ATTACHMENT C, PROPOSAL OFFER FORM ..........................................................................................................i6
ATTACHMENT E: PROPOSAL REQUIREMENTS CHECKLIST.....................................................................................i7
p4Rr4:DRAFTAGRE8NBV7..................................................................................................................................19
CITY OF NEWPORT REACH
REQUEST FOR PROPOSAL NO. 3-7
BACKGROUND INVESTIGATIVE SERVICES
PART 1: RFP OVERVIEW
City of Newport Beach RFP No.3-7 Page 1
Background Investigative Services
1. INTRODUCTION
1.1 Objective: The City of Newport Beach is seeking proposals from qualified firms that are
interested in providing the City with background investigative services. The objective of
this Request for Proposal solicitation is to identify the most qualified, responsive and
responsible firm or firms to provide these services over the course of a proposed three
(3) year contract period.
1.2 Background: As part of the hiring and selection process, the City requires background
investigative services for certain candidates applying for sworn and non-sworn positions
in the Police and Fire Departments. Background investigative services may also be
requested on candidates for management or director-level positions in other
departments.
1.3 Definitions: The following is an explanation of terms frequently referred to in this
document:
1.3.1 "City": Refers to the City of Newport Beach
1.3.2 "Request for Proposal (RFP)": Refers to the solicitation process wherein the City
is seeking proposals.
1.3.3 "Proposal": The formal response to this solicitation submitted to the City by a
Proposer or Proposers.
1.3.4 "Proposer": Refers to the individual, partnership, or corporation that is
submitting a proposal in response to this RFP process.
1.3.5 "Project": The provision of background investigative services requested in this
solicitation.
1.3.6 "Shall': Refers to a mandatory requirement.
1:3.7 "Consultant": Refers to the individual, partnership, or corporation that is
awarded a contract by the City upon conclusion of this RFP process.
1.3.8 "Consultant Team Member": Refers to any individual(s) assigned by the selected
Consultant/Contractor to provide a service to the City.
1.3.9 "Contract" or "Agreement": A promissory agreement with specific terms
between the City and one or more parties that creates, modifies or destroys a
legal relation in exchange for consideration.
1.4 Proposal Evaluation Criteria: Proposals will be evaluated on the basis of the response to
all provisions of this RFP. The City may use some or all of the following criteria in its
evaluation and comparison of proposals submitted. The criteria listed are not
City of Newport Beach RFP No.3-7 Page 2
Background Investigative Services
necessarily an all-inclusive list. The order in which they appear is not intended to
indicate their relative importance:
1.4.1 Qualifications and experience of the proposing Consultant firm;
1.4.2 A demonstrated understanding of the Consultant's work plan and methodology;
1.4.3 The Consultant's ability to deploy services as requested in the Scope of Services;
1.4.4 The Consultant's recent experience in conducting work for contracts of similar
scope, complexity, and magnitude, particularly for government agencies;
1.4.5 The Consultant's turnaround time for investigations; and
1.4.6 The proposed Project costs.
The City reserves the right to determine whether or not a proposal meets the
specifications and requirements of this RFP and reject any proposal that, in the City's
opinion, fails to meet the detail or intent of the requirements. The City reserves the
right to reject any and all proposals.
1.5 Selection Process: The City shall employ a two-step process to select a Contractor for
this Project, with an option for a third step, if necessary. In the first step, a panel shall
rate all Proposals using the criteria described in Section 1.4. Each criteria shall be
assigned a unique scoring weight based on the significance of each criteria to the overall
success of the Project. In the second step, a cost analysis shall be performed on all cost
proposals and/or fee schedules received from the Proposals. A Ratio of Cost score shall
be assigned to each Proposal based on the proposed Project amount. Following these
two steps, the average score from Step 1 and the Ratio of Cost score from Step 2 will be
combined and all Proposals will be ranked based on this aggregate score. If, upon
conclusion of this two-step process, (1) there are a multitude of firms close together in
regard to aggregate score; or (2) no single firm has been distinguished as a likely
successful Proposer, the City reserves the right to initiate a third step which shall involve
a panel interview. Firms invited to this third step shall have their panel interviews
evaluated and scored, with the average interview score combined with the scores from
the previous two steps, resulting in a new aggregate score.
1.6 Project Schedule:The following is a tentative schedule of this entire RFP process. While
the City will attempt to apply the necessary resources to maintain this schedule, the
following dates are merely projections and the City reserves the right to modify this
schedule as needed to accommodate the completion of this RFP process.
RFP Published: March 8, 2012
Questions from Proposers Due: March 15, 2012
City of Newport Beach RFP No.3-7 Page 3
Background Investigative Services
Questions and Answers Posted: March 16, 2012
Proposals Due: March 28, 2012
Review of Proposals by Review Panel: April of 2012
Anticipated Contract Award: April of 2012
2. INSTRUCTIONS
2.1 Submittal Information: Proposals are due by 11:00 A.M. on March 28, 2012 in
electronic format via email to the email address of the RFP Administrator indicated
below. In the event Proposers either cannot submit Proposals electronically or the
Proposals are too large to transmit, Proposals may be submitted in sealed envelopes to
the City of Newport Beach Purchasing Office (see delivery and mailing addresses below).
Please mark all submittals "RFP No. 3-7 — Background Investigative Services". Please
note that the physical address for the Purchasing Office is not a recognized address by
the United States Postal Service so while Proposals delivered by common courier (i.e.
UPS, Federal Express, etc.) will arrive at the address, Proposals delivered by USPS mail
either will be not delivered or be delayed. For your convenience two addresses are
listed below. The delivery address shall be used when delivering proposals by common
courier or walk-ins whereas the mailing address shall be used for proposals sent by USPS
mail.
Delivery Address: City of Newport Beach
Purchasing Office
592 Superior Avenue, Building H
Newport Beach, CA 92663
Mailing Address: City of Newport Beach
Purchasing Office
P.O. Box 1768
3300 Newport Blvd.
Newport Beach, CA 92658-8915
Electronic Submittals: anguyen@newportbeachca.gov
It is the responsibility of the Proposer to ensure that their Proposal is received before
the stated deadline. The Purchasing Office may be contacted at(949) 644-3080 to verify
receipt of proposals. Postmarks will not be considered as a valid excuse for delayed or
missing proposals.
2.2 Questions, Answers and Addenda To RFP: Prior to the RFP submission deadline
questions may arise regarding the specifications and procedural or administrative
matters. By March 15, 2012 all questions pertaining to this RFP shall be directed to the
City of Newport Beach RFP No.3-7 Page 4
Background Investigative Services
RFP Administrator only; Proposers shall not contact any other City staff with questions.
The RFP Administrator will draft a formal response to all questions stated and post
answers on the City website. Changes to the RFP itself shall only be made by the City via
formal written addenda. Addenda will be published on the City's website. All addenda
shall become a part of the RFP document requiring response by the proposer where
indicated.
It is the sole responsibility of the Proposer to ensure that they have received the entire
Request for Proposal, including any and all questions, answers and addenda by visiting
the City's website prior to the RFP submission deadline. Proposers may also email the
RFP Administrator to be added to the Contact List for this RFP to receive updates on any
addenda.
2.3 Proposal Format: Proposers shall submit one (1) electronic copy of their proposals to
the RFP Administrator. Please refer to the Proposal Requirements Checklist
(Attachment E) for specific directions regarding the content and format of your
proposal. As closely as possible, please adhere to the format and order provided in the
Proposal Requirements Checklist when assembling proposals. Please note that part of
the evaluation criteria takes into consideration the responsiveness of a proposal;
proposals missing the required components listed below will be evaluated accordingly.
2.3.1 Cost/Fee Proposals: As this particular RFP is a solicitation for professional
services cost proposals, fee schedules, and any and all matters pertaining to
pricing must be submitted separate from the Technical Proposal section of your
Proposal response.
3. TERMS AND CONDITIONS
3.1 Acceptance of Terms and Conditions: Submission of a proposal indicates acceptance by
the company submitting the proposal of the terms, conditions and specifications
contained in this RFP and Draft Agreement, unless clearly and specifically stated
otherwise in the completed Statement of Compliance.
3.2 Precedence of Terms and Conditions: All other terms and conditions of the Draft
Agreement attached within this RFP as Part 4 are hereby incorporated into the terms
and conditions of this RFP. In the event of a conflict of terms and conditions between
the RFP document and the draft agreement, the terms and conditions expressed in the
Draft Agreement shall take precedence.
3.3 Public Record: Upon submission of a proposal and other materials for consideration by
the City, such proposals and materials shall become the property of the City of Newport
Beach. Proposals may be subject to public inspection and disclosure pursuant to state
and federal law after the award of a contract for this Project. Prior to the RFP deadline,
proposals may be modified or withdrawn by an authorized representative of the
Proposer by written notice to the Purchasing Office.
City of Newport Beach RFP No.3-7 Page 5
Background Investigative Services
3.4 Availability of Records: All relevant documents pertaining to this RFP and procurement
process shall be made available by the Purchasing Office upon successful conclusion of
the entire procurement process.
3.5 Late Proposals: Any proposal which is not received by the City's Purchasing Office prior
to the deadline date and time set forth in Section 2 shall not be considered. The City
assumes no responsibility or liability for the transmission, delay, or delivery of a
proposal by either public or private carriers.
3.6 Specificity of Information: No verbal or written information which is obtained other
than through this RFP or its addenda shall be binding on the City. No employee of the
City is authorized to interpret any portion of this RFP or give information as to the
requirements of the RFP in addition to that contained in or amended to this written RFP
document.
3.7 Errors and Omissions: This RFP cannot identify each specific, individual task required to
successfully and completely implement this Project. The City relies on the
professionalism and competence of Proposers to be knowledgeable of the general
areas identified in the scope of work and to include in their proposals all materials,
equipment, required tasks and subtasks, personnel commitments, man-hours, labor,
direct and indirect costs, etc. Proposers shall not take advantage of any errors and/or
omissions in this RFP document or in the firm's specifications submitted with their
proposals. Where such errors or omissions are discovered by the City, full instructions
will be given by the City in the form of an addenda.
3.8 Proposal Validity: Unless otherwise noted by the Proposer, all proposals shall be held
valid for a period of 180 days.
3.9 Right of Rejection: The City reserves the right to: (1) Accept or reject any and all
proposals or any part of any proposal, and to waive minor defects or technicalities in
such; (2) Request clarification of any information contained in a proposal; (3) Solicit new
proposals on the same project, or on a modified project, which may include portions of
the original RFP as the City may deem necessary; (4) Disregard all non-conforming, non-
responsive, or conditional proposals, (5) Reject the response of any proposer who does
not pass the evaluation to the City's satisfaction, (6) Allow for the correction of errors
and/or omissions; (7) Select the proposal that will best meet the needs of the City, and
(8) Negotiate service contract terms with the successful Proposer.
3.10 Right of Rejection of Lowest Fee Proposal: The City is under no obligation to award this
project to the Proposer offering the lowest fee proposal. Evaluation criteria expressed
in this RFP solicitation shall be used in the proposal evaluation process. In.evaluating
proposals, the City may consider the qualifications of the proposers and whether the
proposals comply with the prescribed requirements. The size and scope of the Project
at hand may dictate the degree to which Qualifications-Based Selection processes are
utilized.
City of Newport Beach RFP No.3-7 Page 6
Background Investigative Services
3.11 Non-Compliance: Proposers and/or proposals that do not meet the stated requirements
for this Project may be considered noncompliant and may be disqualified, unless such
noncompliance is waived by the City. During the evaluation process, the City reserves
the right to request additional information or clarification from those submitting
proposals, and to allow corrections of errors and/or omissions.
3.12 Determination of Responsiveness and Responsibility:The City shall have sole authority
in determining the responsiveness and responsibility of any and all Proposals. For
Proposals containing exceptions to specifications and/or requirements, the City shall
have sole authority in determining the extent to which exceptions affect the
responsiveness and responsibility of any and all Proposals.
3.13 Exceptions to Proposal Requirements: Proposers may find instances where they must
take exception with certain requirements or specifications of the RFP and/or Draft
Agreement. All exceptions shall be clearly identified using the Statement of Compliance,
and written explanations shall include the scope of the exceptions, the ramifications of
the exceptions for the City, and a description of the advantage to be gained or
disadvantages to be incurred by the City as a result of these exceptions.
3.14 Obligation to Award: The City of Newport Beach is not obligated to enter into a
Contract or Agreement on the basis of any proposal submitted in response to this RFP.
City reserves the right to award multiple contracts for this Project if is deemed most
advantageous to the City.
3.15 Bidder Reimbursement Prohibition: The City will not pay for any information herein
requested, nor are they liable for any costs incurred by any vendors prior to award of a
contract or purchase order. The City may require the finalist proposer(s) to provide on-
site presentations and demonstrations of the product(s)/service(s) proposed by the
proposer(s). All costs associated with the demonstrations or follow-up interviews are
the sole obligation of the proposer(s).
3.16 Gratuity Prohibition: Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City for the purpose of
influencing consideration of this proposal. Submission of a Proposal indicates Proposer
certifies that they have not paid nor agreed to pay any person, other than a bona fide
employee, a fee or a brokerage resulting from the award of the contract.
3.17 Contact with City Personnel: During the RFP procurement process, proposal evaluation
process and proposal selection process, the RFP Administrator is to serve as the primary
point of contact for any and all matters pertaining to this RFP and Project. Proposers
shall not contact any City personnel other than the RFP Administrator or those from the
City's Purchasing Office for matters regarding this Project until conclusion of the entire
procurement process. Unauthorized contact may result in disqualification of Proposals.
City of Newport Beach RFP No.3-7 Page 7
Background Investigative Services
3.18 Indemnification: Proposer, at its own expense and without exception, shall indemnify,
defend and pay all damages, costs, expenses, including attorney fees, and otherwise
hold harmless the City, its employees, and agents, from any liability of any nature or
kind in regard to the delivery of these services. Submission of a Proposal indicates
Proposer waives the right to claims for damages of any nature, whatsoever, based on
the Proposal solicitation and/or selection process.
3.19 Insurance Requirements: The selected Consultant(s) for this Project shall be required,
prior to the execution of a Contract, to furnish proof of insurance. The specific
insurance types and limits depend on the Project and can be found in the Draft
Agreement (Part 4) of this RFP solicitation.
3.20 Compliance with All Applicable Laws: Proposer declares that it shall comply with all
licenses, statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or
hereinafter enacted, including, but not limited to, appropriate contractor licensing and
business licensing.
3.21 Inclusive Proposal Pricing: Proposal pricing shall include any and all applicable licenses,
insurance coverage, endorsements, bonding and if necessary, any wage compliance
deemed necessary to perform the Work or Services as part of the Project described in
this RFP. City will not be responsible for reimbursing Contractors for any charges not
included in the Proposal pricing that are incurred in securing these requirements.
City of Newport Beach RFP No.3-7 Page 8
Background Investigative Services
CITY OF NEWPORT REACH
REQUEST FOR PROPOSAL NO. 3-7
BACKGROUND INVESTIGATIVE SERVICES
PART 20 SCOPE OF SERVICES (ATTACHMENT A)
City of Newport Beach RFP No.3-7 Page 9
Background Investigative Services
ATTACHMENT A: SCOPE OF SERVICES
Instructions: Initial the bottom of each page of the Scope of Services in the spaces provided as remit as part of
your Proposal as Attachment A, acknowledging a demonstrated understanding of the Scope of Services. Any
and all exceptions to the stated mandatory minimum requirements shall be indicated on the Statement of
Compliance.
1. SCOPE OF SERVICES: CONSULTANT RESPONSIBILITIES/PROVISIONS
The following is a list of minimum requirements that Consultants must be able to address in
potentially providing the City of Newport Beach with background investigative services:
1.1 Upon request by the City, Consultant shall perform a thorough background investigation
on each individual designated by the City.
1.2 Background investigations shall meet any and all standards established by the California
Commission on Peace Officer Standards and Training ("POST") and California
Background Investigators Association ("CBIA").
1.3 Consultant shall provide an update regarding in-progress background investigations
within twenty-four (24) hours of update request by the City.
1.4 Upon conclusion of each background investigation, Consultant shall provide City with a
written report and investigative summary on each individual investigated, which shall
include, but not be limited to:
1.4.1 Verification of completeness of applicant's Personal History Statement;
1.4.2 Verification of applicant's date of birth;
1.4.3 Verification of applicant's marriage and/or divorce records;
1.4.4 An interview of the applicant;
1.4.5 An interview of applicant's present and past employers, encompassing the
previous ten (10)years;
1.4.6 An interview of applicant's personal references (e.g. co-workers, supervisors,
other department heads, community leaders and neighbors); and
1.4.7 Verification of applicant's military records, if applicable.
1.5 Written reports and investigative summaries shall be delivered to the City no later than
six (6)weeks from time of investigation request, unless previously approved by the City.
1.6 Consultant shall not charge the City for mileage or travel within the Southern California
area, unless previously authorized by the City.
Page 10
City of Newport Beach RFP No.3-7
Background Investigative Services
1.7 Consultant may charge the City for incidental travel costs incurred for travel outside of
the Southern California area; however any and all foreseeable incidental travel costs
must be pre-authorized by the City.
2. SCOPE OF SERVICES: CONSULTANT MINUMUM REQUIREMENTS
2.1 Consultant shall possess a current Private Investigator License issued by the State of
California Department of Consumer Affairs, Bureau of Security and Investigative
Services.
2.2 Consultant must have a minimum of five (5) years of experience in conducting
background investigations for public safety(e.g. fire and police) agencies.
2.3 Consultant must meet all insurance requirements as described in the attached Draft
Agreement.
3. SCOPE OF SERVICES: CITY RESPONSIBILITIES/PROVISIONS
3.1 City shall provide Consultant with the following information after initiating a
background investigation request:
3.1.1 Applicant's LiveScan fingerprints, including firearms verification;
3.1.2 Applicant's Department of Motor Vehicle (DMV) printout;
3.1.3 Applicant's College degree verification;
3.1.4 Applicant's credit report;
3.1.5 Copies of Newport Beach Police Department background verification forms,
including references, employer verification, etc.
3.1.6 Local law enforcement agency checks;
3.1.7 Applicant's signed waiver of release; and
3.1.8 Applicant's polygraph examination results (if required).
3.2 City shall request the following information from all applicants to be investigated:
3.2.1 Certified copy of Birth Certificate, or proof of citizenship (if born outside the
United States);
3.2.2 Certified copies of marriage certificates and/or divorce decrees;
3.2.3 DD-214 form, if applicant served in the military;
3.2.4 Selective Service Number;
3.2.5 Bankruptcy records;
3.2.6 Civil suit records;
3.2.7 Name Change records;
3.2.8 Valid motor vehicle operator's license;
3.2.9 Social Security card;
3.2.10 Proof of automobile insurance for all vehicles operated;
City of Newport Beach RFP No.3-7 Page 11
Background Investigative Services
3.2.11 Sealed college transcripts for all institutions attended;
3.2.12 High school diploma and/or transcripts, or GED test score;
3.2.13 Any other documents that may be relevant;
3.2.14 Academy certificate(s) and/or state law enforcement certificate(s) (for law
enforcement positions only);
3.2.15 Specialized law enforcement training certificate(s) (for law enforcement
positions only); and
3.2.16 Recent police report writing samples (minimum of five, for law enforcement
positions only).
City of Newport Beach RFP No.3-7 Page 12
Background Investigative Services
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL NO. 3®7
BACKGROUND INVESTIGATIVE SERVICES
PART 3: OTHER ATTACHMENTS (ATTACHMENTS B-E)
Required attachments contained herein must be completed on the City-provided forms and
signed by a representative of the Proposer representative able to submit a formal offer and bid
the Proposer to contractual obligations. Proposals missing these required attachments or those
with the required attachments completed incorrectly may, at the discretion of the City, be ruled
as non-responsive and not considered for Contract award.
City of Newport Beach RFP No.3-7 Page 13
Background Investigative Services
ATTACHMENT B: STATEMENT OF COMPLIANCE
Instructions:Each proposal must be accompanied by a signed Statement of Compliance. The Proposer must sign
one,and only one of the declarations stated below and remit as part of your Proposal as Attachment B.
I. No Exceptions. The undersigned declares that the Proposal submitted by (Name of
Firm) to provide background investigative
services as described in the RFP dated March 8, 2012 was prepared in strict compliance with
the instructions, conditions, and terms listed in the RFP, Scope of Services and Draft Agreement
with no exceptions taken.
Signature Date
Printed Name and Title
--------------------- - ---- ---------------- --------------------
II. Exceptions, By signing below, the Proposer acknowledges that the Proposal
submitted by (Name of Firm) has been
prepared in consideration of and with exception to some of the terms of the RFP, Scope of
Services and Draft Agreement. By signing below, the Proposer declares that the Proposal
includes a statement that identifies each item to which the Proposer is taking exception or is
recommending change, includes the suggested rewording of the contractual obligations or
suggested change in the RFP, and identifies the reasons for submitting the proposed
exception or change. The City reserves the right to reject any declarations that are not
accompanied with the required documentation as described above.
Signature Date
Printed Name and Title
[Attach a separate sheet(s) detailing each exception being taken ]
City of Newport Beach RFP No.3-7 Page 14
Background Investigative Services
ATTACHMENT C: PROPOSER INFORMATION FORM
Instructions:Complete the form below and remit as part of your Proposal as Attachment C.
CONTRACTOR INFORMATION
CONSULTANT/FIRM NAME:
ADDRESS FOR NOTICES:
MAIN CONTACT(NAME AND TITLE):
CONTACT NUMBERS: TELEPHONE: FAX:
E-MAIL ADDRESS:
FIRM SIGNATURE AUTHORIZATION AND CERTIFICATION
Per the California Corporate Code, Business and Professions Code, the Contractor's Bylaws/Operating Agreement and/or the attached Board
Resolution(if applicable),I/we hereby verify that I/we am/are(an)authorized signatory(ies)for the aforementioned Consultant and as such am/are
authorized to sign and bind the Consultant in contract with the City of Newport Beach.
1. CONSULTANT AUTHORIZED SIGNATORY(IES):
SIGNATURE PRINT NAME TITLE DATE
SIGNATURE PRINT NAME TITLE DATE
2. SIGNATURE AUTHORIZATION IS PROVIDED IN ACCORDANCE WITH:
❑ Proposer's Bylaws/Operating Agreement Section ❑ Copy Attached
❑ Board Resolution ❑ Copy Attached
❑ Corporate or Business and Professions Code**
**If Consultant is a corporation,two(2) authorized signatories will be required on all documents submitted, unless
specified in the organization's Bylaws or corporate resolution.
IMPORTANT NOTE: If the signature authorization status of any individual changes during the term of the contract,it is
the responsibility of the Consultant to contact the City Administrator for the Consultant regarding the change and to
complete and submit a new Signature Authorization Form. Incorrect information on file may delay the processing of
any of the documents submitted.
City of Newport Beach RFP No.3-7 Page 15
Background Investigative Services
ATTACHMENT D: PROPOSAL OFFER FORM
Instructions:As this RFP is a solicitation for professional services the fee proposals and all matters related to
compensation shall be submitted separate from the Technical Proposal.
In the form below, provide your billable rates to provide background investigative services for
each of the respective positions indicated. Proposed rates should include all mileage and travel
within the Southern California area and a written report and investigative summary.
APPLICANT POSITION BILLABLE RATE
Police and Fire, Sworn $ per investigation
Police and Fire, Non-Sworn $ per investigation
Misc. Executives, Directors and Managers $ per investigation
Indicate any other fees/charges that may be
associated with this Project
The undersigned certifies that the Cost/Fee Proposal, submitted separate from the Technical
Proposal, is made without prior understanding, arrangement, agreement, or connection with
any corporation, firm or person submitting a Proposal for the same services, and is in all
respects fair and without collusion of fraud. The undersigned certifies that they have not
entered into any arrangement or agreement with any City of Newport Beach public officer.The
undersigned understands collusive practices are a violation of State and Federal law and can
result in fines, prison sentences, and civil damage awards.
Proposer Signature Date
Printed Name and Title
City of Newport Beach RFP No.3-7 Page 16
Background Investigative Services
ATTACHMENT E: PROPOSAL REQUIREMENTS CHECKLIST
Instructions: This checklist is provided as a guide for Proposers to assemble Proposals. As closely as possible,
please adhere to the following format and order when assembling proposals. Please note that part of the
evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing any required
attachments shall be evaluated accordingly:
PART 1:TECHNICAL PROPOSAL SECTION
COVER LETTER
A cover letter not to exceed two (2) pages in length shall summarize key elements of the
proposal and serve as an introduction to the history of your firm. The cover letter shall
be signed by a representative able to submit a formal offer and bid the Proposer to
contractual obligations.
ORGANIZATIONAL INFORMATION
Identify key personnel from your firm, including specific personnel that would be
assigned to this Project, if any. Resumes for proposed assigned personnel should be
included, detailing relevant certifications and licenses for this Project.
PROPOSAL—METHODOLOGY
Provide your proposed work plan, which shall address every point listed in the scope of
services. The ideal work plan should provide an overview of the processes that would
be utilized by your firm in facilitating this Project and explain the background
investigative processes that your firm undertakes. If your firm offers additional services
not specifically described in the Scope of Services, provide a description of these
services and the benefit they serve to the City.
ATTACHMENT A: SCOPE OF SERVICES
As part of your Proposal, return each page of Attachment A, complete with initials at the
bottom of each page in the spaces provided, acknowledging understanding of the Scope
of Services.
ATTACHMENT B: STATEMENT OF COMPLIANCE
Proposers must submit a signed Statement of Compliance with proposals. The
Statement of Compliance is separated into two sections, only one of which is to be
signed. The first section states that the Consultant agrees with all terms and conditions
as indicated in this RFP document and/or Draft Agreement; the second section states
that the Consultant intends to take exception to certain terms and conditions within the
RFP document and/or Draft Agreement.
ATTACHMENT C: PROPOSER INFORMATION FORM
ATTACHMENT E: PROPOSAL REQUIREMENTS CHECKLIST
City of Newport Beach RFP No.3-7 Page 17
Background Investigative Services
REFERENCES/RECENT PROJECT HISTORY
Provide at least three (3) references for whom your firm has performed similar services.
Provide a brief synopsis of the services performed, and contact information for each
reference. Emphasis will be placed on references that are local government entities.
The City reserves the right to contact any references provided.
SAMPLE OF A WRITTEN REPORT AND BACKGROUND INVESTIGATIVE SUMMARY
Provide a sample of a background investigative summary performed by your firm. All
names and references in this sample report should be fictitious and/or otherwise
redacted, if a copy of an actual report is submitted.
PROOF OF LICENSING
Provide copies of your firm's Private Investigator's License issued by the State of
California Bureau of Security and Investigative Services.
OTHER INFORMATION
Include any other information you consider to be relevant to the proposal.
CONFIRM THE ISSUANCE OF ANY ADDENDA OR POSTING OF QUESTIONS/ANSWERS
Any and all addenda to this RFP shall be posted on the City website at:
https://www5.newportbeachca.gov/osupplier/bid current.asp
Questions and answers to this RFP shall also be posted in the same location. It is the
sole responsibility of the Proposer to ensure that they have received the entire Request
for Proposal, including any and all questions, answers and addenda by visiting the City's
website prior to the RFP submission deadline.
ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE TECHNICAL PROPOSAL SECTION TO
RFP ADMINISTRATOR
Proposals may be e-mailed to: anguyen@newportbeachca.gov
PART 2: COST/FEE PROPOSAL SECTION
ATTACHMENT D: PROPOSAL OFFER FORM
ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE COST/FEE PROPOSAL SECTION TO
RFP ADMINISTRATOR
Proposals may be e-mailed to: anguyen@newportbeachca.gov
City of Newport Beach RFP No.3-7 Page 18
Background Investigative Services
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL NO. 3-7
BACKGROUND INVESTIGATIVE SERVICES
PART 4: DRAFT AGREEMENT
NOTE: This draft agreement does not need to be filled out and returned as part of your proposal;
it is provided merely to show Consultants what to expect in the event they are selected for this
project; exceptions to any terms of this draft agreement shall be referenced in the Statement of
Compliance found in Attachment 8 of this RFP document. The selected firm will be presented
with a formal agreement during the contracting phase of this award process.
City of Newport Beach RFP No.3-7 Page 19
Background Investigative Services
PROFESSIONAL SERVICES AGREEMENT WITH
5T
FOR BACKGROUND INVESTIGATIVE SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made
and entered into as of this 5T day of April, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ("City"), and, 5T5T choose
entity type ("Consultant"), whose address is [Vendor Address] and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is requires background investigations of applicants for certain positions as
part of the hiring and selection process.
C. City desires to engage Consultant to perform background investigative services
("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be [Principal
member(s) of Consultant].
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on April 30, 2014 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed [Insert dollar
amount] Dollars and no/100 ($5T.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
5T5T Page 2
4.3.2 Approved reproduction charges.
4.3.3 Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this.
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 5Tto be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non-key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Insert Dept. Department. Insert Name
and Title or his/her designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
5T5T Page 3
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable-federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
5T5T Page 4
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with,City at all times
5T5T Page 5
during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non-payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 . Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non-owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
5T5T Page 6
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
14.8.1.2 Enforcement of Agreement Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-
five percent (25%) or more of the assets of the corporation, partnership or joint-venture.
5T5T Page 7
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
5T5T Page 9
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: 5T
5T Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 5T
Fax: 5T
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: 5T
5T5T
5T
5T
Phone: 5T
Fax: 5T
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non-defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
5T5T Page10
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Compliance With all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed.for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.8 Controlling Law And Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
28.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
5T5T Page11
28.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
28.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
5T5T Page12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEYS OFFICE A California municipal corporation
Date: Date:
By: By:
Aaron C. Harp Choose a signatory.
City Attorney Choose an item.
ATTEST: CONSULTANT: 5T5T, a 5T
Date:
Date:
By: By:
Leilani I. Brown 5T
City Clerk 5T
Date:
By:
5T
5T
[END OF SIGNATURES]
Attachments: Exhibit A— Scope of Services
Exhibit B — Schedule of Billing Rates
5T5T Page13
CITY OF HUNTINGTON BEACH RECEIVED
Professional Service Approval Form AUG 2 6:2013
PART I
Date: 8/20/2013 Project Manager Name: Eric Engberg,,Division Chief/Operations
Requested by Name if different from Project Manager: N/A
Department: Fire
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
To enter into an Interagency Agreement with RCS Investigations and Consulting, LLC, for
employee background investigation services for Fire Department personnel.
2) Estimated cost of the services being sought: $ 50,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
® MC 3.03.08(b) - Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08- Contract Limits of$30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Council.) Yes o
loor
Fiscal Service M a - gnature Date
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
"l0065203.69365 $ 50,000 $
B d et roval �— Date
D artment ead Signature(s) Date
ector of Finance's Signature Date
Dep ty Cit Manager's Signature Date
APPROVE D ❑
A q-12 - I'S
i y Wager's Signature Date
CITY OF HUNTINGTON BEACH RECEIVED
Professional Service Approval Form SEP 1 $, 2013
PART II
k AA_
Date: 9/17/2013 Project Manager: Eric Engberg
0�
Requested by Name if different from Project Manager: N/A
Department: Fire
PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& B MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: RCS Investigations and Consulting, LLC
2) Contract Number: FIR 2013-19
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ NTE $100,000, with $50,000 in year 1, $25,000 year 2, and
$25,000 year 3.
4) Is this contract less than $50,000? ❑ Yes ® No
5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No
6) Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
"14 6Budge pprov` Signs ure Date
�3
Dire for of Finance (or designee) Signature Date
Attachment'#3
CITY OF HUNTINGTON BEACH
PROFESSIONAL SERVICES LISTING
FISCAL YEAR 2013l14.
Fire
DIVWdif orFund
-' Descri tiori i ' 'Amount
Emergency Response
Pulmonary Consultants Physical Exams for Safety Personnel—10065203 $25000
.Background Investigative Services Back Investigationsround1 for'Potential:Em to ees—''10065203 $50,000' 50,000 RCS Investigation EridEngberg;
Pulmona Consultants Physical Exams for Safety Personnel—10065303 $5,250
Fire Prevention
Bureau Veritas Environmental and Engineering Consulting—10065201 $15,000'
Langan,Engineering Environmental and Engineering Consulting—10065201 $9;000'
Geos ntec Environmental and Engineering Consulting—10065201 $25,000'
PulmonaryConsultants Physical Exams for Safety Personnel—10065201 $600
GC Environmental Central Library Environmental Consulting-10065201 $1,000
Fire Medical Program
Wittman Enterprises Medical Insurance Billing—10065401 $278,000`
Pulmonary Consultants Physical Exams for Safety Personnel—10065402 $6,750
US Healthworks Physical Exams for Emergency Transport Personnel—10065403 $17;.130,
Total Professional Services $432,730
Revised version as per CME's request on email dated, Tue 8/6/2013 2:13 PM.
ACC OP ID:AR
CERTIFICATE OF LIABILITY INSURANCE05/13/201 D I2017Y)
OSM 3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS__
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemen s).
PRODUCER Phone:760-471-7116 CDNTE Ci
Alliance Mgt&Insurance Sere
365 Via Vera Cruz#7 Fax:760471-9378 P"oN;Eat): Afc Nc:
CA Agent/BrokerLfc#0737966 San Marcos,CA 92078 ADDS:
WitllamR West CUSTOMERURID .ROSIN-1
INSURERS AFFORDING COVERAGE NAIC t'
INSURM RCS Investigations& INSURER A:First Mercury Insurance Co. 10657
Consulting,LLC MSURERB:
P O BOX 29798
Anaheim,CA 92809-9798 INSURERc:
INSURER D
INSURER E:
NSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWI7HSTANDINt3 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Iin NSR I TYPE OF INSURANCE POLICY EFF B POLICY NUMBER MfoD &0fDD/YY LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,0001
A X COMMERCIAL GENERAL U;.BILMY E-CGL-0000012795-02 05/19/2013 06119/2014 PR EM Es tEs occurrence 6 100,00
CL:.IMS•MADE �OCCUR _ MED EXP An one person 6 6,00
X Errors&Omission _ PERSONAL&ADVINJURY 6 1,000,0
X Owners&Contract GENERAL AGGREGATE S 6,000,00
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-CDMP1OP AGG 6 Inci in Ag
X POLICY PRO LDC !
AUTOMOBILE LABILITY
COMBINED SINGLE LIMIT
1,000,00
(Eeaccident) =
Arrc aurD _
person) 6
ALL OWNED AUTOS BODILY INJURY(Per� _
SCHEDULED AUTOS
BODILY INJURY(Per acsrdent) S
A X HIRED�uTOS E-CGL-0000012795-02 06119/2013 06/1912014 PROPERTY AGE 6
X NON-OWNEDAUTOS $
6
UMBRELLA LIAR OCCUR EACH OCCURRENCE #
ExcEss i NAB CLAIMS-MADE 7 C' POR,'Ml:
DEbUCTIBLE �p�VI.DA.. p AGGREGATE S
i 6
RETENTION SWOMER S
AND
EMPLOYERS'
L48JUN 1 q NNIFE ;.�7 r �Y ";f`- r WC&TATU- OTH-
AND EMPLDYERS'LiAB1LrTY YIN �'% (� TORY LIMITS
ANY PROPRIETORMARTNEREXECUME ( El,EACHeiCCIDENT i OFFICERNAIEMBER EXCLUDED? NIA
(MandaterylriNH) E.L.DISEASE-EA EMPLOYEE S
flyea desrnbeUnder
DESCRIPTION OF OPERATION6 below E.L.DISEASE-POLICY LIMB S
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,AddRlonal Remarks schedule,If more space Is required)
Proof of insurance. This certificate is void if altered.
Certificate holder may be added upon request.
Investigations & Consulting, CA --
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
RCS Investigations& ACCORDANCE WITH THE POLICY PROVISIONS.
Consulting LLC
PO Box 29798 AUTHORIZED REPRESENTATIVE
Anaheim Hills,CA 92809-9798 trM
01980-2009 ACORD CORPORATION, All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD