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HomeMy WebLinkAbout29-Police Department e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Dept: Police Department Date: January 29, 2007 Synopsis of Previous Council Action None Recommended Motion: Adopt Resolution. Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to and execute a Professional Services Agreement with Wright's Investigation for pre- employment background investigations not to exceed $35,000 with two optional renewal years. MICC DATE: February 5, 2007 ~~ MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Ted Henson Phone: 384-5609 Supporting data attached: Yes Staff Repott/Resolu!ion FUNDING REQUIREMENTS: Amount: SOURCE: Council Notes: Ward: All $35,000 General Fund 001-223-5505 Finance Agenda Item NO..d!1-- t1./6jlJ7 e tit e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to and execute a Professional Services Agreement with Wright's Investigation for pre-employment background investigations not to exceed $35,000 with two optional renewal years. BACKGROUND In FY 2006/07, the Mayor and Common Council tentatively approved the Police Department's Combined Hiring Plan that will provide the department with a total of 40 additional police officer positions (31 police officers, four detectives and five sergeants) and ten non-sworn positions. These positions were requested over a 30-month time frame (July I, 2006 to December 31, 2008) in recognition of the time needed to recruit and hire the additional police positions in today's highly competitive job market. Additionally, the Police Department projected that 58 officers of all ranks will leave the department due to various reasons (retirements, injuries and other separations) during this time frame. In reality, the Police Department will need to hire a minimum of 98 new police officers to fill the new positions plus those vacated due to attrition as well as 30 non-sworn employees. In the FY 2006/07 budget process, the City Council approved the addition of 14 police officer positions (12 police officers, one detective and one sergeant) and three non-sworn positions. The Police Department has aggressively sought to fill all police vacancies. These efforts were enhanced by the approval of employee referral fees, signing bonuses and moving allowances. Measure Z funding will intensify the Police Department's hiring efforts through recruitment ads in southern California newspapers, regional radio stations, theaters and billboards. To fill the new and projected police officer positions, the Police Department must process approximately 10,000 applicants over the 30-month time frame. Currently, pre-employment background investigations are performed by a Police Officer and two non-sworn employees assigned to the Personnel and Training Unit. To augment these internid efforts and keep pace with the rigorous three-year hiring schedule, the Police Department has solicited proposals for contract background investigations. ANALYSIS Personnel and Training staff developed detailed specifications for the service of providing pre- employment background investigations. On June 7, 2006, a Request for Proposal (F-07-10) was advertised on the City of San Bernardino web site and in the Sun Newspaper. Bid packages were distributed to 13 potential vendors. e e e A total of two vendors (Wrights Investigations and Sunrise Group) submitted proposals. A bid selection committee was formed for the purpose of evaluating each proposal.. Thereafter, the committee interviewed each vendor. At the conclusion of the interviews, committee members individually scored each proposal based on their submission and information provided during the interviews. The aggregate score for the prospective vendors are as follows: Ci San Bernardino, CA Riverside, CA Cost per Back round $ 800 $3000 Aggregate Bid Score 201 107 Wright's Investigations submitted the lowest cost per background investigation and achieved the high evaluation score. Based on these results, the department recommends that a purchase order be issued to and a Professional Services Agreement be executed with Wright's Investigations for services related to pre-employment background investigations. FINANCIAL IMPACT The City of San Bernardino proposed Measure Z budget for FY.2006-07 includes $35,000 for contract backgrounds in account 001-223-5505. RECOMMENDA nON Adopt Resolution. e ,e e 23 III 24 III 25 1/1 26 III 27 28 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER TO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WRIGHT'S INVESTIGATION FOR PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS NOT TO EXCEED $35,000 WITH TWO OPTIONAL RENEWAL YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the Purchasing Manager is hereby authorized and directed to issue a 10 purchase order to Wright's Investigations located in San Bernardino CA, in an amount not to 11 12 13 14 15 exceed $35,000 with two optional renewal years per RFP F07-10. SECTION 2. The Mayor is hereby authorized to execute the Professional Services Agreement with Wright's Investigations to provide background investigations to the Police Department. A copy of said Agreement is attached hereto and incorporated herein as 16 Attachment "A" to the Resolution. 17 SECTION 3. Authorization to execute the above Purchase Order and Professional 18 Services Agreement is null and void if not executed within sixty (60) days of the adoption of 19 this Resolution. 20 21 22 III III III ~f> -:l9 2/5/6)' e e 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER TO AND EXECUTE A PROFESSIONAL SERVICES 3 AGREEMENT WITH WRIGHT'S INVESTIGATION FOR PRE-EMPLOYMENT 4 BACKGROUND INVESTIGATIONS NOT TO EXCEED $35,000 WITH TWO OPTIONAL RENEWAL YEARS. 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 19 Rachel G. Clark, City Clerk 20 21 2007. 22 23 24 The foregoing resolution is hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino 25 Approved as to Form: 26 JAMES F. PENMAN, 27 City Attorney 28 By: L J.L o . e e Attachment "A" PROFESSIONAL SERVICES AGREEMENT FOR BACKGROUND INVESTIGATIO!'i'S This AGREEMENT is made and entered into this _ day of February, 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter CITY ("CITY"), and WRIGHT's INVESTIGATIONS AND ASSOCIATES ("CONSULTANT"). WITNESSETH: A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37/ 03. and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for specific services in connection with background investigations and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0 SERVICES PROVIDED BY CONSULTANT 1.1 Scooe of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in its Background Investigation Proposal to CITY's RFP F07-1 0 e SOE/ed/Agre,m,"ts[Prores"onaIS",oc"Agreemcnt Backgroundl"'1 I e e ("Proposal"). A copy of said Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided only by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSUL T ANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT represents that it is not owned by any CITY employees and no ClTY employee owns an interest in CONSULTANT. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. 1.3. Warrantv. CONSULT ANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnity, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. e SDE/ed/AgreemcntslProfessionalServlCesAgreemenl Backgroundl"v) 2 e e e 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSUL T ANT's sole cost and expense. 1.7. Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at all times maintain a duty ofloyalty and a fiduciary duty asto the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8. CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, SDE/edl AgreemenlS{ ProfessJOnaISer\'lcesAgreement. Backgroundlnv J 3 e e insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. CONSULTANT shall be paid in accordance with the Price Form for RFP F07-10 set forth in Exhibit "B," attached hereto and incorporated herein by this reference ("Price Form"). CONSULTANT's compensation shall in no case exceed Thirty-Five Thousand Dollars ($35,000.00). 2.2. Additional Services. CONSULT ANT shall not receive compensation for any services provided outside the scope of services specified in the Response unless the CITY, prior to CONSUL T ANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. ., , _.J. Method of Billing. CONSULTANT may submit invoices to the CITY for approval on a monthly basis. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. Each invuice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a e SDE/cd/ Agrc,mcnts(ProfesslOnaIS",iccsAgrcementBackgmundl",) 4 e period of three (3) years from the Effective Date. 3.0. TERM AND TERMINATION 3.1. Term. This Agreement shall commence on the Effective Date and continue through June 3D, 2007, with two single-year options for CITY's partial requirements, on an as-needed basis, with no guaranteed usage of CONSULTANT, unless the Agreement is previously terminated as provided herein or as otherwise agreed to in writing by the parties. 3.2. Termination. CITY or CONSULTANT may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared e by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished background investigations, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific \>.Titten authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE 4.1. Minimum Scooe and Limits ofInsurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Comprehensive general liability; including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. tit SDE/ediAgreementsIProfcssionaIScrv,cesAgreement.Backgroundlnv) 5 e e e (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (e) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. CONSULTANT shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 4.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The CITY of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, nor shall it be modified or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to CITY." (c) Other insurance: "Any other insurance maintained by the CITY of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance: CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSUL T ANT may SDE/ed/ Agreements[ProfessionaIServicesAgreemcnl_ Backgroundlnv ) 6 e e e be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices: Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark ifsuch communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Wright's Investigations and Associates City of San Bernardino Police Department 701 N."D" Street San Bernardino, CA 92401 Fax: Tel: e-mail: Attn: (909) 383-7742 (909) 381-6638 RTWl035F@AOL.com Todd Wright Fax: Tel: e-mail: Attn: (909) 388-4892 (909) 384-5690 garcia _ ma@sbcity.org Lt. Mark A. Garcia 5.3. Attornevs' Fees: In the event that litigation is brought by any party in connection with S DEI cd/ Agreementsl ProfessionalServlcesAgreement. Background IIlV) 7 e e this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law: This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body oflaws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole arid exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, transfer. sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSUL T ANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6 Indemnification and Hold Harmless: CONSUL T ANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, .Josses, demands, suits, administrative actions, penalties, liabilities and expenses, including attorney fees, damage to property e SDE/,d/Ag<eemen"IProfess.onaISe""esAg<eemeot Backgro""dl"'J 8 e e or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSUL T ANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor: CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSUL T ANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSUL T ANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONS UL T ANT and its officers', agents' and empioyees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee, partnership or joint venture between the CITY and CONSULTANT. 5.8. Conflict of Interest Disclosure: 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 financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. e SDE/edIAg,eemenlS[PmfosslonaISmlCesAg,eement.Backgmundlnvl 9 e e CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSUL T ANT occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSUL T ANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.! O. Prohibited Employment: CONSULTANT shall not employ any current employee of the CITY to perform the work under this Agreement while this Agreement is in effect. 5.!1. Costs: Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.!2. No Third Party Beneficiary Rights: This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, underorto this Agreement. 5.13. Headings: Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments: Only a writing executed by all of the parties hereto or their respective e SDE/,d/ Agreem,nts(Profess,onaIScrvicesAgreement Backgroundlnv J 10 e e successors and assigns may amend this Agreement. 5.15. Waiver: The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereofor of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be final and binding, then both parties agree to substitute such provision(s) through good faith negotiations. 5.17. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5. I 8. Corporate Authoritv: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. e SDElediAgreemenls[Professoo",IS""",Agrcemenl Baokgloundlnv] II e IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO A Municipal Corporation and Charter City CONSUL T ANT Patrick J. Morris, Mayor Signature Name and Title Social Security or Taxpayer ID Number ATTEST: Rachel G. Clark City Clerk e APPROVED AS TO FORM: By: James F. Penman City Attorney e SDE/ed/AgreementslP,ofesSlonalSemcesAgreemenl Backgro"ndl"'J 12 EXHIBIT A e City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. RFP F-07-10 BACKGROUND INVESTIGATIONS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID e GENERAL DESCRITPION ACCEPTABLE I AS SPECIRED The City of San Bernardino is seeking to hire one or more individuals and/or firms to conduct background investigations for sworn and/or non- sworn positions for the Police Department. This includes background investigations on reserve ACCEPTABLE/AS SPECIFIE olice officers as well as citizen atrol volunteers. 1. SCOPE In general, the contractor shall provide the Police Department with completed background investigations on sworn and/or non-sworn CCEPTABLE/AS SPECIFIED applicants as prescribed by the Peace Officers Standards and training (POST) and the San Bernardino Police Department. This department conforms to the Americans with Disabilities Act (ADA). 2. REQUIREMENTS Background investigations shall be completed in one month or less from the day it is assigned to ACCEPTABLE/AS SPECIFIE the contractor. e a) Any and all clerical work to be provided by the contractor, to include: . Typing and mailing letters to applicants and references. ACCEPTABLE/ AS SPECIFIE · Completing all required documents and forms by POST. . Assembling of investigative files in a comprehensive order. . Maintaining a check list of activities and tasks related to the investigation. . Completed background report in compliance with POST standards. b) Investigative leads shall be followed up and pursued to their final conclusion. All avenues of investigation need to be stated in the final report even if a source was unable to be contacted. c) Background reports need to be picked up and retumed ersonall b the contractor. d) Personal interviews must be completed on all references, to include current and prior employment history, whether it be by telephone or in person. When reasonable and feasible, contacts shall be made in erson. e) Secondary references shall be obtained with all contacts whenever possible and follow-u contacts will be made. f) Research reports shall be completed in all the civil areas including court filings, liens, judgments, bankruptcy, lawsuits, social security trace and an marria and divorce filin s. g) In the summary section of the background report, a recommendation or non- recommendation for appointment shall be included with am Ie 'ustifications listed. h) Reports will not be deemed complete until reviewed and approved by the designated department supervisor/manager and approved for a ment. i) Employees or subcontractors of the firm or individual conducting the investigations shall be honorably retired police officers who have attended the POST (40-hr) background school. POST certificate must be shown as proof of attendance. - ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ') Contractor shall provide a written profile or resume and a copy of the current driver's license of those individuals who will be performing the background investigations. k) Contractor, subcontractors and employees of such shall not have been convicted of a felon . I) Bonding and/or liability insurance is required. This insurance shall remain in effect for the duration of the contract. m) All information obtained, as the result of an investigation shall be confidential and not disclosed to other agencies or person unless agreed upon by this department. Final background package, report and all copies shall be returned to the Personnel & Trainin Office. n) An hourly rate shall be established for background investigations that are started and terminated early in the investigation due to information obtained on the applicant which indicates the applicant fails to meet the minimum standards of the department or renders the a licant unsuitable for em 10 ment Contractor must provide own transportation and be willing to travel to other jurisdictions. My mileage charged must be to the City's advanta e. p) All expenses not detailed specifically as chargeable to the Police Department will be the res onsibili of the contractor. q) Contractor must project an availability date to commence work with the San Bernardino Police De artment. e ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED tit e e RFP F07-1O EXHIBIT B PRICE FORM REQUEST FOR QUOTES: RFP F07-10 DESCRIPTION OF RFP: BACKGROUND INVESTIGATIONS BIDDER'S NAME/ADDRESS: Wriaht'~ Tnvp~tiQ~t;nn P () Rnv 1';?1 ~3R YerRargiR9, C~ ~241J NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE Todd Wriqht (909) 381-6638 Office (909) 224-4631 cell ANNUAL PURCHASE ORDER Effective on or about July 1, 2006 through June 30, 2007 plus two-single-year options, for City'S partial requirements, on an as-needed basis, with no gualanteed usage for BACKGROUND INVESTIGATIONS. Option year one. if exercised, shall be effective July 1, 2001' through June 30, 2008. Option year two. if ex~rcised, shall be effective July 1, 2008 through June 30, 2009. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below. and any other incidental or additional costs required to complete the Technical Specification requirements. ITEM PRICE i hbors & References of Education, Verification of r Service Financial V hicle 0 eration RFP F07-10 e ITEM DESCRIPTION PRICE "^ Tnf-or"; 0'.' - '0 Tnf- Immediate Relative Interview . . Are there any other additional or incidental costs, which will meet the requirements of the Technical Specifications? Ye answered "Yes", please provide detail of said additional costs: equired by your firm in order to I No . (circle one). If you r,.::arkl)rf"\llnn i n\1Qcr i l)'a+-; r\n~ 011"" Ii id~ of Califg~~n~ a, roimburEomont fo~ air travel, car rental and hotel expenses e Please indicate any elements of the Technical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as requested@ I No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. Ie ! Cash discount allowable thirty (30) days. % days; unless otherwise stated, payment terms are: Net e Cash discount allowable Net thirty (30) days. ,......, .:"l :~. ~~~ ';0;;>.,,'" ".. T' e ( % RFP F07-10 days; unless otherwise stated, payment terms are: e e e RFP F07-10 Option Year 1 July 1, 2007 June 30, 2008 BACKGROUNDS TERMINATED BEFORE COMPLETION ITEM DESCRIPTION PRICE ~.~ ~<>'" nf N<>i 1. R.,ferences ~c.n Verification of Education. Verification of ~~v ~llnn Emolovment Military Service. Financial ~. . ,~f- '~n T.on~l .. riuil Por<:nn"l "i<:torv Motor Vehicle Ooeration. Co-Worke Interview Spouse Interview Immediate Relative Interview Are there any other additional or incidental costs, which will meet the requirements of the Technical Specifications? Yes answered .Yes", please provide detail of said additional costs: quired by your firm in order to I No . (circle one). If you Background inverstiqations outside of California, reimbursement for air travel, car rental and hotel expenses Please indicate any elements of the Technical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes I No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. RFP F07-10 e Option Year 2 July 1, 2008 - June 30, 2009 ITEM DESCRIPTION PRICE ~Vo"r 1 r.. 01'11'1 1'11'1 . Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes I No . (circle one). If you answered 'Yes', please provide detail of said additional costs: Investigations outside of Ca!ifornia. reimursement for cost of e airline tickets. car. rer":a.c and hotel expenses Please indicate any elements of the Technical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as requestedm;'7t No (circle one). If you answered 'No', please explain: . This offer shall remain firm for 90 days from RFP close date. tit Terms and conditions as set forth in this RFP apply to this bid. RFP F07-10 e Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda waslwere received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: 4~ PRINT SIGNER'S NAME AND TITLE: Tonn Wri <Jhr Tnvp"ri g",rnr e DATE SIGNED: C, -~7~fo COMPANY NAME & ADDRESS: Wriqhc Investiqations 475 S. Arrowhead, Suite 0 San Bernardino, CA 92413 PHON~{qoql 1Rl-~~18 FAX:(QnQ) lAl 77~? IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: e RFP F07-10 e NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCil, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFP F07-10. . Business Name Wri ght Tnuc.c::t-; g;:at- ; nnc: BusinessAddress47~ ~ Il.rr,.,..,h.",,'l <:"ih'D San ~~,rdino CA 92413 Signature of bidder ~,h' /~ ~ Place of Residence e , Subscribed and sworn before me this 2)., :> day of ~ ' 200~ Notary Public in and for the County of A1~ ~~tate of California. My commission expires ?1-- - '/ , 20 ~ Q,-~ t. ~~ ':~;l,. ;';!-<-~:':.;,:.;,:~ \:::';>'~'~ p; ~jr.lC _ ''':;'-!..:~'c'::/.y. ~ r:,-'.N r'F:.'-,', -~,RD!~J() C::"~:..'!,:,"'" ,~ ',\" rOO. . '. =~';"~S ~,': 7, ::':'>~: ;.. e e e e PROFESSIONAL SERVICES AGREEMENT FOR BACKGROUND INVESTIGATIONS This AGREEMENT is made and entered into this _ day of February, 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter CITY ("CITY"), and WRIGHT's INVESTIGATIONS AND ASSOCIATES ("CONSULTANT"). WITNESSETH: A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for specific services in connection with background investigations and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0 SERVICES PROVIDED BY CONSULTANT I. I Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in its Background Investigation Proposal to CITY's RFP F07-l 0 S DEI edl Agreemen 151 Professional Ser\! icesAgreement _ Back groun.d I n \I ] 1 e e e ("Proposal"). A copy of said Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided only by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT represents that it is not owned by any CITY employees and no CITY employee owns an interest in CONSULTANT. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. SDE/ed/ Agreements(ProfessionalServiccsAgrcement Backgroundlnv) 2 e e e 1.4. Non-discrimination. In perfonning this Agreement, CONSULTANT shall not engage in, nor pennit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as pennitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perfonn services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as pennitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7. Conflicts of Interest. During the tenn of this Agreement, CONSULTANT shall at all times maintain a duty ofloyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8. CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, SDE/ed/ Agreemenls[ProfesslonaISer\!ICesAgreemenl. Backgroundlnv] 3 e e insurance and approvals of whatever nature that are legally required of CONSUL T ANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. CONSULTANT shall be paid in accordance with the Price Form for RFP F07-10 set forth in Exhibit "B," attached hereto and incorporated herein by this reference ("Price Form"). CONSULTANT's compensation shall in no case exceed Thirty-Five Thousand Dollars ($35,000.00). 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in the Response unless the CITY, prior to CONSUL T ANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to the CITY for approval on a monthly basis. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identifY the number of the authoriz;ed change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreemcnt shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a e SDE/ed/Agreements[ProfesslOnalSemcesAgreementBackgroundlnv) 4 e e Ul period of three (3) years from the Effective Date. 3.0. TERM AND TERMINA nON 3. I. Term. This Agreement shaH commence on the Effective Date and continue through June 30, 2007, with two single-year options for CITY's partial requirements, on an as-needed basis, with no guaranteed usage of CONSUL T ANT, unless the Agreement is previously terminated as provided herein or as otherwise agreed to in writing by the parties. 3.2. Termination. CITY or CONSULTANT may terminate the services provided under Section I. I of this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished background investigations, shaH be delivered to the CITY within ten (l 0) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shaH be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE 4. I. Minimum Scope and Limits ofInsurance. CONSULTANT shaH obtain and maintain during the term of this Agreement aH of the foHowing insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million DoHars ($1,000,000.00), combined single limits, per occurrence and aggregate. e SDEledIAgreements[Pmfession,ISmicesAg"ement Backgmundlnv] 5 e e e (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. CONSULTANT shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 4.2. Endorsements. The comprehensive generalliability.insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The CITY of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, t:lor shall it be modified or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to CITY." (c) Other insurance: "Any other insurance maintained by the CITY of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance: CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may SDE/edl Agreemenls[ProfessionalScrvicesAgreement. Backgroundlnv 1 6 e e e be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices: Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery ifsuch communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark ifsuch communication IS sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Wright's Investigations and Associates City of San Bernardino Police Department 701 N."D" Street San Bernardino, CA 92401 Fax: Tel: e-mail: Attn: (909) 383-7742 (909) 381-6638 RTWI035F@AOL.com Todd Wright Fax: Tel: e-mail: Attn: (909) 388-4892 (909) 384-5690 garcia_ma@sbcity.org Lt. Mark A. Garcia 5.3. Attornevs' Fees: In the event that litigation is brought by any party in connection with SDE/edl Agreements(ProfessionaIServicesAgreemcnt.Backgroundlnv] 7 e e e this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law: This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSUL T ANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6 Indemnification and Hold Harmless: CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including attorney fees, damage to property SDE/ed/ Agreemenls{ ProfessionalServicesAgreemenl, Backgroundlnv J 8 e e or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor: CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, 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 are required, in connection with the services to be performed hereunder. Neither CONSUL T ANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee, partnership or joint venture between the CITY and CONSULTANT. 5.8. Conflict ofInterest Disclosure: 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 financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. e SDE/ed/Agreements(PmfesslonaISe<v"esAgreemenI.BackgroundlnvI 9 e e CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment: CONSULTANT shall not employ any current employee of the CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs: Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiarv Rights: This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under orto this Agreement. 5.13. Headings: Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments: Only a writing executed by all of the parties hereto or their respective e s DE/edl Agreemcnts(ProfcsslonaIServlcesAg"ement.Backgroundlnv I 10 e e e successors and assigns may amend this Agreement. 5.15. Waiver: The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severabilitv: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be final and binding, then both parties agree to substitute such provision(s) through good faith negotiations. 5.17. Countemarts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18. Comorate Authoritv: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. SDE/edl Agreements[ ProfessionalServicesAgreemenl.BackgroundInv] II e e e IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO A Municipal Corporation and Charter City CONSULTANT Patrick J. Morris, Mayor Signature Name and Title Social Security or Taxpayer ID Number ATTEST: Rachel G. Clark City Clerk APPROVED AS TO FORM: .~ sF. Penman Attorney S DE/ed/ Agreements[ProfessionaIScrvicesAgreemenl.BackgroundInv] 12 EXHIBIT A tit City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. RFP F-07-10 BACKGROUND INVESTIGATIONS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID tit GENERAL DESCRITPION ACCEPTABLE I AS SPECIFIED The City of San Bemardino is seeking to hire one or more individuals and/or firms to conduct background investigations for sworn and/or non- swom positions for the Police Department. This includes background investigations on reserve ACCEPTABLE/AS SPECIFIE olice officers as well as citizen atrol volunteers. 1. SCOPE In general, the contractor shall provide the Police Department with completed background investigations on sworn and/or non-sworn CCEPTABLE/AS SPECIFIED applicants as prescribed by the Peace Officers Standards and training (POST) and the San Bemardino Police Department. This department conforms to the Americans with Disabilities Act (ADA). 2. REQUIREMENTS Background investigations shall be completed in one month or less from the day it is assigned to ACCEPTABLE/AS SPECIFIE the contractor. a) Any and all clerical work to be provided by the contractor, to include: · Typing and mailing letters to applicants and references. ACCEPTABLE/AS SPECIFIE · Completing all required documents and forms by POST. . Assembling of investigative files in a comprehensive order. . Maintaining a check list of activities and tasks related to the investigation. . Completed background report in compliance with POST standards. b) Investigative leads shall be followed up and pursued to their final conclusion. All avenues of investigation need to be stated in the final report even if a source was unable to be contacted. c) Background reports need to be picked up and retumed ersonall b the contractor. d) Personal interviews must be completed on all references, to include current and prior employment history, whether it be by telephone or in person. When reasonable and feasible, contacts shall be made in rson. e) Secondary references shall be obtained with all contacts whenever possible and follow-u contacts will be made. f) Research reports shall be completed in all the civil areas including court filings, liens, judgments, bankruptcy, lawsuits, social security trace and an marria e and divorce lilin s. g) In the summary section of the background report, a recommendation or non- recommendation for appointment shall be included with am Ie 'ustifications listed. h) Reports will not be deemed complete until reviewed and approved by the designated department supervisor/manager and approved for a men!. i) Employees or subcontractors of the firm or individual conducting the investigations shall be honorably retired police officers who have attended the POST (40-hr) background school. POST certificate must be shown as proof of attendance. - ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED Contractor shall provide a written profile or resume and a copy of the current driver's license of those individuals who will be performing the background investigations. k) Contractor, subcontractors and employees of such shall not have been convicted of a felon . I) Bonding and/or liability insurance is required. This insurance shall remain in effect for the duration of the contract. m) All information obtained, as the result of an investigation shall be confidential and not disclosed to other agencies or person unless agreed upon by this department. Final background package, report and all copies shall be returned to the Personnel & Trainin Office. n) An hourly rate shall be established for background investigations that are started and terminated early in the investigation due to information obtained on the applicant which indicates the applicant fails to meet the minimum standards of the department or renders the a licant unsuitable for em 10 ment Contractor must provide own transportation and be willing to travel to other jurisdictions. Any mileage charged must be to the City's advanta e. p) All expenses not detailed specifically as chargeable to the Police Department will be the res onsibili of the contractor. q) Contractor must project an availability date to commence work with the San Bernardino Police De artment. e ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED ACCEPTABLE/AS SPECIFIED e e e RFP F07-10 EXHIBIT B PRICE FORM REQUEST FOR QUOTES: RFP F07-10 DESCRIPTION OF RFP: BACKGROUND INVESTIGATIONS BIDDER'S NAME/ADDRESS: Wri~ht'~ Tnvp~tiqrttinn P () Rnv 1';1'1 ~3R QerRarsiRQ, ~~ 924') NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE Todd Wriqht (909) 381-6638 Office (909) 224-4631 cell ANNUAL PURCHASE ORDER Effective on or about July 1, 2006 through June 30, 2007 plus two-single-year options, for City's partial requirements, on an as-needed basis, with no gualanteed usage for BACKGROUND INVESTIGATIONS. Option year one, if exercised, shall be effective July 1, 2007 through June 30, 2008. Option year two. if exercised, shall be effective July 1, 2008 through June 30, 2009. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. ITEM DESCRIPTION PRICE i hbors & References Verification of Education, Verification of Service Financial V hicle 0 eration e e e RFP F07-10 ITEM DESCRIPTION PRICE (""', Tnt-or,,; 0',' '0 Tnt-or,,; 0'.' Immediate Relative Interview . Are there any other additional or incidental costs, which will meet the requirements of the Technical Specifications? Ye answered "Yes", please provide detail of said additional costs: equired by your firm in order to I No . (circle one). If you K.::lrk'Jrr'll1nrl in\1Qcd-;'J~tir\n~ ol1t9;de of C"alifQrniii,. rsimbu.rf:ORtSRt fo~ air travel, car rental and hotel expenses Please indicate any elements of the Technical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as requested@ I No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. Cash discount allowable thirty (30) days. % days; unless otherwise stated, payment terms are: Net e Cash discount allowable Net thirty (30) days. -. ~.~.:'_~'r.. ' - :.~. : -~,.:::: ~ I'.'.. .~-"}J ,-g.;' , . ., , H'" r",~~~ ~. ~~;~. e ( % RFP F07-10 days; unless otherwise stated, payment terms are: e e e RFP F07-10 Option Year 1 July 1, 2007 June 3D, 2008 BACKGROUNDS TERMINATED BEFORE COMPLETION ITEM DESCRIPTION PRICE Tn ;pw nf Npiahbnr" R. References ~~n u. -1 Verification of Education Verification of I m~v 'lBOO Emplovment Militarv Service, Financial T, .~ ;n~l-;....n T " "nn r;,d1 In''' Hi Motor Vehicle Operation Co-Worke ~nterview SQouse Interview, Immediate Relative Interview Are there any other additional or incidental costs, which will meet the requirements of the Technical Specifications? Yes answered "Yes", please provide detail of said additional costs: quired by your firm in order to I No . (circle one). If you Background inverstiqations outside of California, reimbursement for air travel,_car rental and hotel expenses Please indicate any elements of the Technical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes I No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. RFP F07-10 e Option Year 2 July 1, 2008 - June 30, 2009 ITEM DESCRIPTION PRICE ""me> -A" v, 1 ..ann nn - Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes I No , (circle one). If you answered "Yes", please provide detai! of said additional costs: Investigations outside of California, reimursement for cost of e airline tickets, car, rer,tal and hotel expenses Please indicate any elements of the Tachnical Specifications, which cannot be met by your firm. Have you included in your bid all informational items and forms as reqUested~1 No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. e Terms and conditions as set forth in this RFP apply to this bid. e e e RFP F07-10 Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and sighed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: 4df' PRINT SIGNER'S NAME AND TITLE: TnClCl Wr; ght. Tn",'c:ti g"tnr DATE SIGNED: G 'o>7-G'=> COMPANY NAME & ADDRESS: Wriqhc Investiqations 475 S. Arrowhead, Suite D San Bernardino, CA 92413 PHONE: 19091 1R1-fifi18 FAX:(QOQ} 1A1_77A7 IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: ! ' ! RFP F07-10 e NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFP F07-10. Business Name WriQht Tn"p~tifJ;:lt;rmc: BusinessAddress47<; S IIrrnwh.,,,n <:nit-., D San ~1Jh.rdi~~ CA 92413 Signature of bidder ~fi ~ ~ Place of Residence e Subscribed and sworn before me this 2).. ';> day of ~ ' 200.~ Notary Public in and for the County of Afo-v-.. A~tate of California. My commission expires ?1- - '/ , 20 ~ Q,"-~ t. ~~ :'_':M. H1-<.;:'!::'~j;-~ ~i ~";:::i'~:~~~',~~.~!~vg'c~~:~~~~~~~ f .~" -:":>'.1, ::~''''-?S ::~." 7, 21.>::~ :" e