HomeMy WebLinkAboutPRESTIGIOUS INVESTIGATIVE SERVICESINSURANCE NOT ON FILE N-2019-151
WORK MAY NQT PROCEED
CLERK OF COUNCIL
ADATE: AUG 2 6 2019
V C t) AGREEMENT WITH PRESTIGIOUS INVESTIGATIVE SERVICES
�� MKk`Ntiv TO CONDUCT BACKGROUND INVESTIGATIONS
THIS AGREEMENT is made and entered into this 29th day of July, 2019, by and between
Prestigious Investigative Services, Inc., a California corporation ("Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing background investigations.
B. Consultant represents that Consultant is able and wilting to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in its June 7, 2019 proposal identified
as Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount to be expended
for this Agreement shall not exceed $10,000.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Consultant agrees that final invoice for services performed per this Agreement shall be
submitted to the City no later than sixty (60) days after the termination date provided
below. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
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3. TERM
This Agreement shall commence on the date first written above for a one (1) year term,
unless terminated earlier in accordance with Section 15, below.
A. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
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damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's rightto be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages,just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
S. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement,
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the 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 the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
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10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. 'The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. DISCRIMINATION
Consultant shall not discriminate because of race, .color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. in
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714-647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Fax:714-245-8190
To Consultant:
Prestigious Investigative Services, Inc.
Attn: Ardrick Elmore
2436 N. Euclid Ave., Ste. D
Upland, CA 91784
Fax: 909-303-3085
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A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
Ci orney
Tamara'Bogosian
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
avid Valentin
Chief of Police
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
Ardrick Elmore
Chief Investigator
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EXHIBIT A
SCOPE OF SERVICES
Cover Letter
June 7, 2019
To: Sgt. Matt Wharton
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, Ca. 92701
Prestigious Investigative Services Inc
2436 N. Euclid Ave., Suite D
Upland, Ca. 91784
(909)303-3153
Chief Investigator
Ardrick Elmore
Contact Person: Ardrick Elmore
Chief Investigator
2436 N. Euclid Ave., Suite D
Upland, Ca. 91784
(909)303-3153
Ardrick Elmore
Chief Investigator
Lsw Eal'orceincnt Background lnvesligation I Live Scan Fingerprinting I Background Imwsugalion I Stawimni and ImeMnvs
CONFIDENTIAL
Our company, Prestigious Investigative Services Inc., is submitting this resume as a first step in exploring the possibilities in
assisting the Santa Ana Police Department in conducting background investigations of non- sworn employees and police
dispatchers.
Prestigious Investigative Services is a private investigative agency owned and operated by qualified manager, Ardrick Elmore.
Elmore has been a licensed private investigator for the state of California, Bureau of Security and Investigative Services since
October 1999.
Persona! History of Owner/Chief Investigator
After completing a tour of duty with the United States Marine Corps, Elmore began his 30-year law enforcement career as
an Orange County Special Deputy Sheriff. In 1985, he became a correctional officer with the California Department of
Corrections and Rehabilitation. His assignments included but were not limited to; transportation officer, orientation officer,
correctional academy instructor, range master, and chemical agent instructor. In 1992, Elmore became a California State
Parole Agent supervising high risk sex offenders, gang members, violent offenders, and directed multi•communitytask
forces.
In June 2000, Elmore was assigned to the Rancho Cucamonga Sheriff's station as part of their Multi Enforcement Team
(M.E.T). Elmore was also a member of S.M.A.S.H., San Bernardino County Movement against Street Hoodlums. During this
assignment, Elmore assisted with criminal, narcotics, weapons, gang investigations, testifying in court and surveillance.
Elmore retired from active law enforcement work in 2011.
Company
Prestigious Investigative Services Inc., staffs' investigators who are either active or retired California peace officers from
various departments. The diversity of law enforcement backgrounds and experiences enable this company to provide well-
informed services to a variety of clientele. Our company is certified by the state of California as a minoritysmall business
and certified by the California Department of Justice and the FBI to conduct live scan fingerprinting for criminal history
checks.
Our company is a corporation that strives for excellence In every aspect of its business. Our investigators work diligently on
behalf of the client to ensure every aspect of the case is searched out thoroughly and documented in a clear, concise written
report. Background Investigators research prospective employees meticulously to ensure employers are getting the best
candidates possible. Live scan operators endeavor to assure electronic prints are accomplished in the best manner to be
accepted on the first submission when possible.
CONFIDENTIAL
Our company has a wealth of experience insecurity training, Investigations, interviewing victims and witnesses, surveillance,
and background! nvestigations. Our company has a high degree of organizational skills, we are adaptable, motivated and
dependable. We strive for excellence in the performance of our duties to bean asset to any organization we are employed
by.
Certifications:
• Live Scan Fingerprinting
License L51D M-California Department of Justice
• Private Investigator
License PI21447-California Bureau of Security and Investigative Services
• Home Safety Firearms Instructor
License 202339-California Department of Justice
• State of California Firearms and Security Training Facility
License TFF 1473
• State of California Firearms Instructor
License TIF 2365
• State of California Law Enforcement Background Investigator
POST 2200-30340
• State of California Law Enforcement Background Investigator update certification
POST5010-30330-15003
Executive Summary
Prestigious Investigative Services offers to conduct investigations into the background of potential candidates fort he Santa
Ana Police Department, A complete background investigation is considered the very heart of the selection process;
therefore, we will conduct a thorough and unbiased investigation that conforms to all applicable state and federal
regulations, All investigations are performed in accordance with guidelines set by the Commission on Peace Officer
Standards and Training (POST). Additionally, our investigations are performed in accordance with guidelines issued for
compliance with the federal fair Credit Reporting Act and the California investigative Consumer Reporting Act.
Investigations conducted by our company will ensure that only the most qualified candidates are presented for review.
Since backgrounds are time -sensitive, we will ensure that all potential candidates are aware of the required documents and
the importance of complying to complete the investigation In a timely fashion. Our company will give your agency
immediate notification upon discovery of information that will disqualify the candidate from further testing. We will also
keep an open communication on the progress of the investigation.
SWfok
Our company will manage the investigation by complying with our established guidelines;
• Conduct audit on background file
• Contact candidate for background interview at his/her residence
• Collect missing documents during interview
• Photograph candidate at residence
• Photograph residence
• Contact neighbors
• Contact current employer
• Phone contact with previous employers
• Contact references
• Interview significant other
• Conduct local law enforcement checks -schools
• Complete audit check list for POST
Review all documentation submitted by candidate
• Identify developed references
• Maintain liaison with your agency
+ Prepare and submit a completed background summary report
Scope of Work
Our company will provide your agency a completed background investigation report within (Needs to be discussed
with hiring agency (excluding weekends and holidays) of receiving the candidate's Personal History Statement and
accompanying documents. This report will include a detailed description of the investigation performed,
documentation supporting its finding and a summary of the candidate's qualifications.
To complete the background in a timely fashion, we are requesting your agency to ensure that the following
documents (where applicable) are provided by the candidate in a timely manner.
• A completed Personal History Statement from the candidate as recommended by POST
• California Driver's License
• Birth Certificate
+ Copy of proof to work in the United States (if applicable) U.S. Passport, Certificate of U.S. Citizenship,
Certificate of Naturalization, or Alien Registration Card.
+ Copies of all Diplomas (High School, GED Certificate, College, and Certificate of Training
• Marriage Certificate and or Divorce
• Bankruptcy Records
• Civil Records (Plaintiff or Defendant)
• Credit Reports (Supplied by candidate)
• Traffic Accident Reports
• Criminal Reports (Arrests)
• Certificate of Insurance
• Selective Service Number or Form N DD214
* A signed and notarized wavier Form
Original documents will be verified, photocopied, and returned to the candidate. Photocopies will become part of
the investigative report submitted.
CONFIDENTIAL
Current Contracts:
• Our company has expertise in pre -employment law -enforcement and security background investigations.
We currently have the following contracts to conduct the above investigations.
• San Bernardino Police Department
• Upland Police Department
Port of Los Angeles Police Department
City of Los Angeles Public Safety Division - Animal Control officers, Park Rangers, Street Services
Investigators, DWP Security officers, Environmental Compliance officers, and Firefighters.
Client References:
San Bernardino Police Department
710 N. D Street
San Bernardino, Ca. 92401
Contact: Sgt. Nelson Carrington (909) 384-5690
Email: Carrington_Ne@sbcity.org
Upland Police Department
1499 West 1311 Street
Upland, Ca. 91786.0460
Contact: Brian Sendldorfer (909) 920-6530
Email: 2488@Uplandpd.org
City of Los Angeles Public Safety Division
700 E. Temple Street
Los Angeles, Ca. 90012
Contact: David Lubeley-Background Manager (213) 473-9455
Email: David, Lubeley@la city, org
CONFIDENTIAL
• Port of Los Angeles Police Department
425 S. Palos Verdes Street
San Pedro, Ca. 90731
Contact: Cherly Provinchain (310) 221-4725
Email: Portoflosangeles.org
Fee Schedufe
Complete Background Investigation Report for your agency.
Police Dispatchers $1400.00
Non -Sworn $1000.00
Discontinued investigations, due to notification of candidate's withdrawal from consideration for employment,
early discovery of disqualification factors, or partially completed reports submitted.
$65.00/hour, not to exceed the price for the above investigations
(Documentation will be provided to support expenses,)