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HomeMy WebLinkAboutPSC Investigations LLC; 2021-09-21;City Attorney Approved Version 6/12/18 1 AGREEMENT FOR BACKGROUND INVESTIGATION SERVICES PSC INVESTIGATIONS, LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and PSC Investigations, LLC, a background investigative service, ("Contractor"). RECITALS A. City requires the professional services of an as needed professional background investigation service that is experienced in performing pre-employment background investigations for prospective police recruits, lateral police officers, communicators, and civilian staff over the term of the Agreement. B. Contractor has the necessary experience in providing professional services and advice related to pre-employment qualifications for employment within the Carlsbad Police Department. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The division director may amend the Agreement to extend it for three (3) additional One (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 6/12/18 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an City Attorney Approved Version 6/12/18 3 insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain City Attorney Approved Version 6/12/18 4 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jeffery Smith Name Michael Hernandez Title PSSD Lieutenant Title Owner Department Police Address 410 Rock Ridge Place City of Carlsbad Escondido, CA 92027 Address 2560 Orion Way Phone No. 760-509-5061 Carlsbad, CA 92010 Email mluishernandez1016@gmail.com Phone No. 760-931-2100 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No X 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By:By: (sign here) Division Director Michael Hernandez, Owner (print name/title) ATTEST: By: (sign here) City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES About Professional Standards Consulting: Our mission at PSC Investigations LLC is to provide our clients with the most comprehensive investigation in a timely manner and at affordable rates by qualified staff. Our vision is to research and identify every available piece of important information to assist our clients in making the many difficult decisions professional organizations are faced with on a daily basis. Core Values Law Abiding Thoroughness Trustworthiness Discretion Our Investigators: PSC Investigations LLC investigators are all service retired police investigators. They each have a State of California Private Investigators License, as per Assembly Bill AB 5. They all have extensive experience in the most complex and critical investigations required by law enforcement. They have been selected based on a career of demonstrated moral and professional excellence. A list of our current investigators is available upon request. Services Provided: Our background investigations will follow the Peace Officer Standards and Training (POST) recommended format, unless otherwise directed by your representative. We can complete our investigations within your eSOPH program, or submit a printed report. Our background investigations will be comprehensive to assist you in making informed hiring decisions. If past misconduct and/or other signs of unsuitability are uncovered, your staff will be notified immediately so that unfit candidates are screened out. Our comprehensive investigation will help you identify your candidates’ moral character and his or her ability to handle stress and adversity. We will interview their current and past employers, work partners, landlords and neighbors, friends and associates to discuss your candidates’ work habits, interactions with others and intellectual based abilities. We will strive to locate and interview associates who are not listed on the application as references. PSC Investigations LLC investigators are knowledgeable about all applicable local, state, and federal fair employment laws. They will follow all agency policies, practices, and operational limitations. They base their inquiries and evaluations on candidate behaviors that have a direct relationship to the requirements and demands of the position, and do so with consistency and without bias. They are able to articulate the information gathered from a wide variety of sources and how it is used in determining candidate suitability. We will not provide an opinion for employment. The following outlines our joint efforts in completion of each investigation: Agency • Conducts all hiring duties up to and including P.I.Q. • All Governmental records inquiries. City Attorney Approved Version 6/12/18 9 PSC Investigations, LLC • Assess applicant and agency submitted materials. • Ensure reference questionnaires are sent. • Applicant home visit. • Neighborhood check. • Employer visit/personnel file review. • Send out criminal history checks to LE agencies with residential jurisdiction. • Review and compile reference questionnaires. • Interview selected references, often in person when necessary. • Confirm and review other LE agency candidate applications and review • disposition. • Complete investigative narrative using POST format or Agency preferred • format. • Investigative package is reviewed by PSC management. • Submit investigative package. • Our investigations are completed within 30 days. Agencies Currently Utilizing Our Services: • Carlsbad Police Department • La Mesa Police Department • El Centro Police Department • El Cajon Police Department • San Diego State University Police Department • Heartland Fire Department • Carlsbad Fire Department • Escondido Fire Department • CSU San Marcos Police Department • San Diego Community College Police Department Background Investigation Fee Schedule: PSC Investigations LLC charges a flat rate of $1,250.00 per investigative report. In the event an investigation is prematurely terminated due to agency directed DQ, non-select, or any other reason, PSC Investigations, LLC will bill at $50 per hour. Out of county investigations travel expenses will be financially managed and mutually agreed upon on a case by case basis. PSC Investigations LLC is your number one source for customer service, quality work, and investigations completed in the most thorough and timely manner. PSC Investigations LLC is fully insured and our policy is available upon request. PSC Investigations LLC 410 Rock Ridge Place, Escondido, CA 92927 Prospective Employee Background Investigation Services for City of Carlsbad Prepared by: Michael Hernandez PSC Investigations LLC July 16, 2021 PSC Investigations LLC 410 Rock Ridge Place, Escondido, CA 92927 July 16, 2021 To: City of Carlsbad From: Michael Hernandez PSC Investigations, LLC Reference: Scope of Work Prospective Employee Background Investigation Services About Professional Standards Consulting: Our mission at PSC Investigations LLC is to provide our clients with the most comprehensive investigation in a timely manner and at affordable rates by qualified staff. Our vision is to research and identify every available piece of important information to assist our clients in making the many difficult decisions professional organizations are faced with on a daily basis. Core Values Law Abiding Thoroughness Trustworthiness Discretion Our Investigators: PSC Investigations LLC investigators are all service retired police investigators. They each have a State of California Private Investigators License, as per Assembly Bill AB 5. They all have extensive experience in the most complex and critical investigations required by law enforcement. They have been selected based on a career of demonstrated moral and professional excellence. A list of our current investigators is available upon request. Services Provided: Our background investigations will follow the Peace Officer Standards and Training (POST) recommended format, unless otherwise directed by your representative. We can complete our investigations within your eSOPH program, or submit a printed report. Our background investigations will be comprehensive to assist you in making informed hiring decisions. If past misconduct and/or other signs of unsuitability are PSC Investigations LLC 410 Rock Ridge Place, Escondido, CA 92927 uncovered, your staff will be notified immediately so that unfit candidates are screened out. Our comprehensive oral character and his or her ability to handle stress and adversity. We will interview their current and past employers, work partners, landlords and neighbors, friends and ork habits, interactions with others and intellectual based abilities. We will strive to locate and interview associates who are not listed on the application as references. PSC Investigations LLC investigators are knowledgeable about all applicable local, state, and federal fair employment laws. They will follow all agency policies, practices, and operational limitations. They base their inquiries and evaluations on candidate behaviors that have a direct relationship to the requirements and demands of the position, and do so with consistency and without bias. They are able to articulate the information gathered from a wide variety of sources and how it is used in determining candidate suitability. We will not provide an opinion for employment. The following outlines our joint efforts in completion of each investigation: Agency Conducts all hiring duties up to and including P.I.Q. All Governmental records inquiries. PSC Investigations, LLC Assess applicant and agency submitted materials. Ensure reference questionnaires are sent. Applicant home visit. Neighborhood check. Employer visit/personnel file review. Send out criminal history checks to LE agencies with residential jurisdiction. Review and compile reference questionnaires. Interview selected references, often in person when necessary. Confirm and review other LE agency candidate applications and review disposition. Complete investigative narrative using POST format or Agency preferred format. Investigative package is reviewed by PSC management. Submit investigative package. Our investigations are completed within 30 days. PSC Investigations LLC 410 Rock Ridge Place, Escondido, CA 92927 Agencies Currently Utilizing Our Services: Carlsbad Police Department La Mesa Police Department El Centro Police Department El Cajon Police Department San Diego State University Police Department Heartland Fire Department Carlsbad Fire Department Escondido Fire Department CSU San Marcos Police Department San Diego Community College Police Department Background Investigation Fee Schedule: PSC Investigations LLC charges a flat rate of $1,250.00 per investigative report. In the event an investigation is prematurely terminated due to agency directed DQ, non-select, or any other reason, PSC Investigations, LLC will bill at $50 per hour. Out of county investigations travel expenses will be financially managed and mutually agreed upon on a case by case basis. PSC Investigations LLC is your number one source for customer service, quality work, and investigations completed in the most thorough and timely manner. PSC Investigations LLC is fully insured and our policy is available upon request.