HomeMy WebLinkAbout13 - Agreement for Background Investigative ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 27, 2023
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Peter Carpentieri, Lieutenant, pcarpentieri@nbpd.org
PHONE: 949-644-3660
TITLE: Agreement with RCS Investigations and Consulting, LLC, for
Background Investigative Services
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The Police Department requests City Council approval for a Professional Services
Agreement (Agreement) with RCS Investigations and Consulting, LLC, for background
investigative services for the Police, Fire and Human Resources Departments. RCS was
selected through a detailed Request for Proposals (RFP) process conducted by the City
of Newport Beach (City) Finance Department. The requested agreement has a five-year
term with a total not -to -exceed cost of $550,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with RCS Investigations and Consulting,
LLC, for Background Investigative Services in an amount not -to -exceed $550,000,
and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Backaround Investiaative Services Need
The Newport Beach Police Department (NBPD) has 233 full-time positions and
approximately 15 part-time positions. Due to the confidential, privileged and sensitive
information NBPD employees have access to, along with the nature of the tasks,
decisions, and responsibilities public safety personnel are asked to perform, make and
bear, it is vital each employee is sufficiently vetted before they are hired. An experienced
and skilled background investigative services company is able to conduct an in-depth
review of an applicant's personal and professional life, providing an extensive report that
management can take into account before a hiring decision is made.
13-1
Agreement with RCS Investigations and Consulting, LLC,
for Background Investigative Services
June 27, 2023
Page 2
The Human Resources Department also uses RCS to conduct background investigations
of prospective sworn Fire Department employees and for candidates for executive
positions throughout the City.
RFP Prnr.Pcc
Using specifications and service requirements provided by the Police Department,
Purchasing Division staff issued a formal RFP solicitation, No. 23-46, for Background
Investigative Services. The RFP was posted on the City's public procurement system
(PlanetBids) and distributed directly to known providers of these services.
This RFP was evaluated in two phases. Phase 1, the Technical Review, involved an
evaluation panel reviewing each proposal and rating them on technical factors such as:
• Qualifications and experience
• Demonstrated experience and subject matter expertise
• Ability to provide requested services
The RFP instructed proposers that only those proposals earning a minimum of 70 percent
of the available points from Phase 1 would be eligible to advance to Phase 2, the Cost
Evaluation, in which the Purchasing staff would compare and calculate the costs from
each proposal. All four of the proposers scored high enough on the technical evaluation
to proceed to the cost evaluation. The results of the panel scoring for proposers can be
found under the Technical Review section in the table below, along with Purchasing's
Cost Evaluation scoring:
Maximum
Points
Oracle Inv.
Group
Prof. Polygraphs
& Backgrounds
RCS Inv. &
Consulting
TruView
BSI
Technical Review
70.00
62.67
53.33
68.67
59.33
Cost Evaluation
30.00
22.95
30.00
27.75
28.06
Total Score
100.00
85.62
83.33
96.42
87.40
Conclusion of RFP Process and Panel Recommendation
Following the RFP procurement evaluation and review process, the evaluation panel
identified RCS Investigations & Consulting, LLC, as the highest -qualified proposer and
most effective provider of background investigative services. Since 2006, RCS has
conducted pre -employment background investigations for a range of public agencies and
private companies. RCS currently provides such services to 16 law enforcement
agencies and eight fire departments, including NBPD and the Newport Beach Fire
Department. NBPD is satisfied with the quality of those investigations and the
responsiveness of RCS staff, and the RFP did not reveal an alternative that better suited
the needs of the City. Staff recommends the City Council approve a five-year Background
Investigative Services Agreement with RCS Investigations & Consulting, LLC.
13-2
Agreement with RCS Investigations and Consulting, LLC,
for Background Investigative Services
June 27, 2023
Page 3
FISCAL IMPACT:
The adopted budget includes sufficient funding for this agreement. It will be expensed to
the Support Services Special Department Expense account in the Police Department,
01035352-841046, and the Recruiting account in the Human Resources Department,
01025005-891010.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Professional Services Agreement for Background Investigative Services
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Attachment A
Professional Services Agreement for Background Investigative Services
13-4
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH RCS INVESTIGATIONS AND CONSULTING, LLC FOR
BACKGROUND INVESTIGATIVE SERVICES FOR THE NEWPORT BEACH
POLICE DEPARTMENT
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 27th day of June, 2023 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and RCS INVESTIGATIONS AND CONSULTING, LLC, a California limited
liability company ("Consultant"), whose address is 4725 East Bryson Street, Anaheim,
California 92807, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform background investigative services
for the Newport Beach Police Department ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 27, 2028, unless terminated earlier as set forth herein.
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Five Hundred Fifty Thousand Dollars and 00/100 ($550,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
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the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charlie Chavez to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Support
Services Lieutenant or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
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8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
RCS Investigations and Consulting, LLC Page 4 13-8
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
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construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Chief of Police, NBPD
Police Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Charlie Chavez
RCS Investigations and Consulting, LLC
P.O. Box 29798
Anaheim, CA 92809-9798
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
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forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
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28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controllinq Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: J
ron C. Harp 1,3 we
City Attorney
ATTEST:
Date:
la
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONSULTANT: RCS
Consulting, LLC, a
liability company
Date:
Bv:
Leilani I. Brown Charlie Chavez
City Clerk Managing Partner
Date:
By:
Steven L. Rodig
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C -- Insurance Requirements
Investigations and
California limited
RCS Investigations and Consulting, LLC Page 11 13-15
EXHIBIT A
SCOPE OF SERVICES
RCS Investigations and Consulting, LLC Page A-1 13-16
Exhibit A - Scope of Services
1. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILITIES/PROVISIONS
1.1 Upon request by the City, Contractor shall perform a thorough background
investigation on each individual designated by the City.
1.2 Background investigations shall meet any and all standards established by the
California Commission on Peace Officer Standards and Training ("POST") and California
Background Investigators Association ("CBIA").
1.3 Contractor shall provide an update regarding in -progress background investigations
within twenty-four (24) hours of update request by the City.
1.4 Upon conclusion of each background investigation, Contractor shall provide City with
a written report and investigative summary on each individual investigated, which shall
include, but not be limited to:
1.4.1 Verification of completeness of applicant's Personal History Statement;
1.4.2 Verification of applicant's date of birth;
1.4.3 Verification of applicant's marriage and/or divorce records;
1.4.4 An interview of the applicant;
1.4.5 An interview of applicant's present and past employers, encompassing the
previous ten (10) years;
1.4.6 An interview of applicant's personal references (e.g. co-workers, supervisors,
other department heads, community leaders and neighbors); and
1.4.7 Verification of applicant's military records, if applicable.
1.5 Written reports and investigative summaries shall be delivered to the City no later
than six (6) weeks from time of investigation request, unless previously approved by the
City.
1.6 Contractor shall ensure compliance with the requirements of applicable law for all
services provided, including but not necessarily limited to, the Fair Credit Reporting Act (15
U.S.C. §§1681 et seq.), the Investigative Consumer Reporting Agencies Act (Cal. Civ. Code
§§1786 et seq.), and the Consumer Credit Reporting Agencies Act (Cal. Civ. Code §§1785.1
et seq.), to the extent applicable.
2. SCOPE OF SERVICES: CITY RESPONSIBILITIES/PROVISIONS
2.1 City shall provide Contractor with the following information after initiating a
background investigation request:
2.1.1 Applicant's LiveScan fingerprints, including firearms verification;
2.1.2 Applicant's Department of Motor Vehicle (DMV) printout;
13-17
Exhibit A - Scope of Services (continued)
2.1.3 Applicant's College degree verification;
2.1.4 Applicant's credit report;
2.1.5 Copies of Newport Beach Police Department background verification forms,
including references, employer verification, etc.;
2.1.6 Local law enforcement agency checks;
2.1.7 Applicant's signed waiver of release; and
2.1.8 Applicant's polygraph examination results (if required).
2.2 City shall request the following information from all applicants to be investigated:
2.2.1 Certified copy of Birth Certificate, or proof of citizenship (if born outside the
United States);
2.2.2 Certified copies of marriage certificates and/or divorce decrees;
2.2.3 DD-214 form, if applicant served in the military;
2.2.4 Selective Service Number;
2.2.5 Bankruptcy records;
2.2.6 Civil suit records;
2.2.7 Name Change records;
2.2.8 Valid motor vehicle operator's license;
2.2.9 Social Security card;
2.2.10 Proof of automobile insurance for all vehicles operated;
2.2.11 Sealed college transcripts for all institutions attended;
2.2.12 High school diploma and/or transcripts, or GED test score;
2.2.13 Any other documents that may be relevant;
2.2.14 Academy certificate(s) and/or state law enforcement certificate(s) (for law
enforcement positions only);
2.2.15 Specialized law enforcement training certificate(s) (for law enforcement
positions only); and
2.2.16 Recent police report writing samples (minimum of five, for law enforcement
positions only).
13-18
INVESTIGATIONS
& CONSULTING, LLC
RCS INVESTIGATIONS & CONSULTING LLC
P.O. Box 29798
Ann fe im [ E R I s CA 92809-9798
mm.resinvestigadons.ecm
(714) 779-2300
RCS Investigations and Consulting LLC is an insured investigative firm whose four primary partners are
retired law enforcement professionals with over 125 years of combined experience. Their careers
include over 50 years of supervisory and management experience. Associates affiliated with RCS
Investigations and Consulting are all retired supervisor or managers from various law enforcement
agencies including the District Attorney's Office. Our mission is to provide our clients with the finest
investigative and consulting services available. The firm was founded on the basic principle of
providing clients with ethical, impartial, complete and timely investigations.
Since 2006, RCS Investigations and Consulting has provided services to several law firms, private
companies and public agencies. RCS Investigations and Consulting currently conducts pre -employment
background investigations for 16 law enforcement agencies and eight fire departments. This includes
the City of Newport Beach Police, Fire and Human Resources Departments.
All RCS Investigation and Consulting partners and associates are licensed private investigators through
the State of California. RCS Investigations and Consulting maintains current training and updates
through the California Commission of Peace Officer Standards and Training (POST) and the California
Background Investigators Association. The firm's partners are members of the California Background
Investigators Association and attend quarterly and annual training. In addition, the four partners and
associates have all completed a weeklong POST certified background investigations course.
Experience, reliability, confidentiality, and a timely work product are important components in a public
agencies decision to outsource background investigations. RCS Investigators know that complete and
thorough background investigations are required for any agency to hire and retain the most qualified
candidates for any position. RCS Investigations and Consulting will provide a quality work product that
is usually completed within 30 working days. Each background investigation will be conducted by one
of the firms' partners or an associate and Charlie Chavez will be assigned as your manager and direct
contact. In addition, because of the resource pool available, RCS Investigations and Consulting can
handle several background investigations at the same time and still deliver a completed work product in
a timely fashion.
We will tailor each background investigation to meet your requirements for every employee
classification. All background investigations will be conducted with the same level of integrity and
thoroughness and will be completed in a timely manner. We are aware of the fiscal requirements and
limitations imposed on a city in today's budget conscious environment. In that light, your agency
will not be charged the full rate in the event the applicant is disqualified during the background process.
Additional costs for travel outside of the Los Angeles, Orange, San Diego, and Riverside Metropolitan
areas may occur only with the approval of your agency. Your agency will dictate the level of
investigation required for each background.
Depending on the level of the requested background,
applicant interviews, landlord inquiries, home anc
employment, credit review and reference verification
final work product.
investigations may include but are not limited to,
family checks, neighborhood inquiries, prior
Documentation of these inquiries will be in the
Thank you for your consideration of this proposal and we look forward to providing you with quality
services in the future.
Sincerely,
Charlie Chavez
Managing Partner
RCS Investigations and Consulting LLC
(714)864-0089
_- ----_-_-.__13-20
INVESTIGATIONS
P.O. Box 29798
& CONSULTING, LLC Anahch [fills CA 92809-9798
w%vw.rc sinvest igadons.c om
ORANIZATIONAL INFORMATION
RCS Investigations and Consulting was established in 2006, and in addition to the four
partners, it now has a resource pool of 30 subcontractors (associates). The four partners are
Steve Rodig, Charlie Chavez, Randy Sorley and John Haradon. Steve Rodig and Charlie
Chavez are retired police captains from the Anaheim Police Department. John Haradon is a
retired police lieutenant from the Anaheim Police Department and Randy Sorley is a retired
supervising investigator from the Orange County District Attorney's Office. As a result of
their lengthy careers in Orange County law enforcement, the partners have established
professional relationships with numerous officials from public agencies throughout Orange
County. The partners have successfully transitioned to the private sector while maintaining
their relationships with those in the public sector.
All four partners bring years of investigative experience to RCS Investigations and Consulting
and they constantly enhance their knowledge by keeping current on the latest developments in
the area of pre -employment background investigations. In addition to their investigative
experience, their management experience has assisted them in understanding the critical
importance of completing thorough background investigations keeping the best interest of the
prospective employer in mind.
Each partner is a licensed private investigator through the State of California Department of
Consumer Affairs, Bureau of Security and Investigative Services. The partners have attended a
36 hour POST certified Background Investigations course sponsored by the Riverside County
Sheriff's Department.
(714) 779-2300
13-21
INVESTIGATIONS
& CONSULTING, LLC
METHODOLOGY
P.O. Box 29798
Anah im H ills CA 92809-9798
wwwsesinvcsti gations.c tm
Upon receiving the applicant's Personal History Statement and other related documents, a RCS
Investigator will carefully reviewed each document submitted and pay special attention to any
areas of concern. After reviewing the documents, the investigator will schedule an
appointment with the applicant at his/her residence.
A RCS Investigator will meet with the applicant at his/her residence and review the Personal
History Statement, Pre -Investigation Questionnaire and Autobiography page by page with the
applicant. Other pertinent documents such as birth certificate, school diplomas, school
transcripts and credit report will be carefully scrutinized. During the home visit, the
investigator will permit the applicant to explain and clarify any areas of concern that have been
identified. Also, the applicant will be asked about any social networking sites they subscribe
to, and a cursory inspection of these sites will be made with the applicant's permission.
While at the applicant's residence, the investigator will interview any family members present
most notably the spouse and parents. Prior to leaving the applicant's residence, the
investigator will contact neighbors to inquire about the applicant's behavior in the
neighborhood. If the applicant resides in an apartment, the manager will be contacted and if
he/she resides in a rental property, the landlord will be contacted.
Each reference will be contacted in person, by the telephone or a reference questionnaire will
be sent depending on the needs of the hiring agency. Questions have been designed based on
POST background investigation dimensions for peace officers and public safety dispatchers.
The dimensions which are used to assist in evaluating an applicant's suitability for the position,
inquire about moral character (integrity, impulse control/attention to safety, substance abuse
and other risk -taking behavior), handling stress and adversity (stress tolerance, confronting and
overcoming problems, obstacles and adversity), work habits (conscientiousness), interactions
with others (interpersonal skills) and intellectually -based abilities (decision -making and
judgment, learning ability, communications skills). Each interview is documented on a form
designed by RCS Investigations and Consulting.
The applicant's current employer is contacted in person and an interview is conducted utilizing
the same basic questions designed for the references. Past employers, going back ten years for
police officers and public safety dispatchers, are contacted by telephone or sent an employment
questionnaire. Employment inquiries for firefighters and civilian applicants go back seven
years. If the applicant has only been employed for a short time by the current employer, the
prior employer will be contacted in person. While at the current employer or most recent
(714) 779-2300
13-22
employer, the investigator will review the personnel file paying particular attention to any
discipline and evaluations. In addition, applicants are asked to provide copies of recent
evaluations if they are permitted by their organization to copy them.
Letters requesting a record check are sent to law enforcement agencies where the applicant has
lived, worked, attended school, or spent any significant time.
The investigator will also review all prior agencies the applicant has applied to paying
particular attention to where he/she has been disqualified or has a completed background
investigation on file. In most of these cases, the investigator will travel to that agency and
review the completed background and investigate the reason the applicant was not offered a
position.
The investigator's findings are documented in a comprehensive report which is divided into the
following sections: personal information, marital status, family, references and acquaintances,
education, experience and employment, residence, driving history, military, financial, legal,
polygraph, prior agency applications and investigator's comments. The report and all pertinent
documents are assembled in a three-ring notebook
EXHIBIT B
SCHEDULE OF BILLING RATES
RCS Investigations and Consulting, LLC Page B-1 13-24
Exhibit B - Schedule of Billing Rates
The following table represents the agreed upon billable rates for certain applicant
positions.
APPLICANT POSITION
BILLABLE RATE
Police and Fire, Sworn
$1,800 per investigation
Police and Fire, Non -Sworn
$1,650 per investigation
Misc. Executives, Directors & Managers
$750 per investigation
Volunteers & Interns
$750 per investigation
OTHER COSTS — INCIDENTAL TRAVEL
The City of Newport Beach will be responsible to pay for any incidental travel costs
outside of the Southern California area, provided the background investigative process
requires such travel. RCS will request preapproval from the City of Newport Beach before
incurring such expenses.
INCOMPLETE BACKGROUND INVESTIGATIONS
The City of Newport Beach will not be billed for the full amount of the background
investigation in the event of an early withdrawal or disqualification from the process. The
rate charged will be prorated based upon the percentage of the background investigation
that has been completed up to the withdrawal or disqualification point.
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
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fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. . Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
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insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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