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DATE: September 21, 2016 Consent
SUBJECT: APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES
AGREEMENT FOR BACKGROUND SERVICES WITH BRUCE BOWER
INVESTIGATIONS
FROM: David H. Ready, City Manager
BY: Department of Human Resources
SUMMARY:
The City entered into a consulting services agreement with Bruce Bower Investigations
in 2015 for processing backgrounds for applicants for safety related positions in meeting
the standards of the California Commission on POST (Peace Officer Standards and
Training) to fill positions efficiently as possible. This agreement has provided the City
with the necessary expertise and assistance in providing pre-employment backgrounds
for police officers, dispatchers, and other safety related positions.
RECOMMENDATION:
1. Approve Amendment No. 1 to consulting services agreement No. 6799 for
background services with Bruce Bower Investigations.
2. Authorize The City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City entered into a consulting services agreement with Bruce Bower Investigations
for processing backgrounds of applicants for safety related positions, including police
officers, dispatchers, and other safety related personnel. The California Commission on
POST (Peace Officer Standards and Training) requires that specific pre-employment
background guidelines be followed when hiring for certain safety positions, such as
police officers and dispatchers.
This agreement has provided the City with the necessary expertise and assistance in
providing pre-employment backgrounds of applicants that meet the requirements under
POST in an efficient and timely manner on an as needed basis. As we continue to have
a need for safety related positions, such as police officers, it is necessary to have ttan gy� ''
ITEM NO. ►,�
City Council Staff Report
September 21 Page 2
Amendment No. 1 for Background Services Bruce Bower Investigations
available dependable resources to help meet the POST requirements on an on-going
basis, with the ability to scale up or down depending on the vacancies and applicants at
any given time.
Staff recommends a 3 year extension of the current agreement as this service will be
required on a continued basis. Section 4.5 of the agreement allows for a 30 day
termination clause, with or without cause, providing the necessary flexibility if a shorter
term is necessary.
The extension of this agreement will continue to ensure requirements of compliance
under POST are maintained and we have the flexibly of having an available resources
as the continued need for hiring of police officers and other safety personnel continues.
FISCAL IMPACT
Cost of each background, per the schedule of services, range from $775.00 to $875.00
plus expenses and are scheduled at the direction of the City. The annual costs vary
depending on the number of positions and applicants processed. Costs will not exceed
department budgeted amounts.
Perry a Ison, Director ames Thompson
Depart nt of Human Resources Chief of Staff/City Clerk
David H. Ready, City Ma
Attachments: Amendment 1
02
AMENDMENT NO. 1
TO
CONSULTING SERVICES AGREEMENT
Bruce Bower Investigations
(Agreement No. 6799)
THIS FIRST AMENDMENT to the Consulting Services Agreement No. 6799 and entered into to be
effective on the 2Pt day of September 2016 by and between the City of Palm Springs, a California charter city
and municipal corporation (hereinafter referred to as the City) and Bruce Bower Investigations, a background
and personnel investigation firm (hereinafter referred to as Consultant) collectively, the"Parties".
RECITALS
A. City and Consultant previously entered into a consulting services agreement for the services of a
background and personnel investigations firm in the processing of backgrounds for applicants for
safety related positions in meeting the standards of the California Commission on POST (Peace
Officer Standards and Training) and other applicant backgrounds, as necessary, to fill positions
efficiently as possible,which was made and entered into on December 10, 2015 (the"Agreement'.
B. City and Consultant desire to amend the Agreement to authorize Consultant to continue to perform
background services for applicants for safety related positions for the remainder of the current term
and then continuing for 3 additional years, thru December 31, 2019.
AGREEMENT
1. Section 3.1 tided"Compensation of Consultant"is amended to read as follows:
Consultant shall be compensated and reimbursed for the services rendered under this
Agreement in accordance with the schedule of fees set forth in Exhibit"A."
2. Section 4.4 titled"Term"is amended to read as follows:
Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement
shall continue in full force an effect commencing on December 10, 2015, and ending on December
31,2019,unless extended by mutual written agreement of the parties.
3. Section 10.3 titled "Covenant Against Discrimination" of the Agreement is hereby amended to read
as follows:
"Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination or segregation in the
performance of or in connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender
identity, national origin,physical or mental disability,medical condition,or ancestry".
4. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by
reference made part of said Agreement. All of the terns, conditions, and provisions, thereof, unless
specifically modified herein, shall continue in full force and effect. In the event of any conflict or
inconsistency between the provisions of this Amendment and any provisions of the Agreement, the
provisions of this Amendment shall in all respects govern and control.
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5. Corporate ?authority. The persons executing this Amendment on behalf of the Parties hereto
warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Amendment on behalf of said party, (in) by so executing this Amendment, such party is
formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment
does not violate any provision of any other agreement to which said party is bound.
IN WITNESS WEHREOF, the parties have executed this Amendment as of the dates stated below.
ATTEST: "CITY"
CITY OF PALM SPRINGS, CA.
By By
James Thompson, City Clerk David H. Ready, City Manager
Date: Date:
APPROVED AS TO FORM:
By
Citv Attomey
Date:
"CONSULTANT"
Bruce Bower Investigations
Date: By
Bruce Bower, Owner
04
CONSULTING SERVICES AGREEMENT
Bruce Bower Investigations
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on December 1, 2015,by and between the City of Palm Springs, a California charter
city and municipal corporation ("City"), and Bruce Bower Investigations, a background and
personnel investigations firm, ("Consultant"). City and Consultant are individually referred to as
"Party"and are collectively referred to as the"Parties".
RECITALS
A. City requires the services of a background and personnel investigations firm in the
processing of backgrounds for applicants for safety related positions in meeting the standards of
the California Commission on POST (Peace Officer Standards and Training) and other applicant
backgrounds as necessary to fill positions efficiently as possible, ("Project").
B. Consultant has submitted to City a proposal to provide backgrounds of personnel
investigations, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide background investigations services to City as described in
the Scope of Services attached to this Agreement as Exhibit "A" and incorporated by reference
(the"services"). Exhibit "A" includes the agreed upon schedule of performance and the schedule
of fees. Consultant warrants that all services and work shall be performed in a competent,
professional, and satisfactory manner consistent with prevailing industry standards. In the event
of any inconsistency between the terms contained in the Scope of Services and the terms set forth
in this Agreement,the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders,rules, and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
ORIGINAL BID
7205%.` AND/OR AGREEMENT
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1A FamiliarIty with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit"A". The total amount of Compensation shall not exceed $24,995.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the fast working day of such month, in the form approved by City's
finance director. Payments shall be based on the rates set forth in Exhibit "A" for authorized
services performed. City shall pay Consultant for all expenses stated in the invoice that are
approved by City and consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
3.3 Chanees. In the event any change or changes in the Scope of Services is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made,this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
720599.1 2
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4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Consultant notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of one (1) year,
commencing on December 1, 2015, and ending on November 31, 2016, unless extended by
mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement,with or without cause, upon thirty(30)days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Bruce Bower,
Owner/Qualified Manager. It is expressly understood that the experience, knowledge, education,
capability, and reputation of the foregoing principal is a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principal shall be responsible during the term of
this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services under this Agreement. The foregoing principal may not be
changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, the Director
of Human Resources and/or his/her designee ("Contract Officer"). Consultant shall be
responsible for keeping the Contract Officer fully informed of the progress of the performance of
the services. Consultant shall refer any decisions that must be made by City to the Contract
7205".1 3
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Officer. Unless otherwise specified, any approval of City shall mean the approval of the
Contract Officer,
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred,voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit"B", incorporated herein by reference.
7. INDEMNIFICATION.
i
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to
Claims arising from injuries to or death of persons (Consultant's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
or local law or ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents,
and volunteers. Under no circumstances shall the insurance requirements and limits set forth in
this Agreement be construed to limit Consultant's indemnification obligation or other liability
under this Agreement. Consultant's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
720599.1 4 08
7.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties(collectively"Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. hi addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
83 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall
have no claim for further employment or additional compensation as a result of the exercise by
7205".] 5
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City of its full rights or ownership of the documents and materials. Consultant may retain copies
of such documents for Consultant's own use. Consultant shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers,employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California,or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand,or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 Riphts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
720599.1 6
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9.5 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment,or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Aeainst Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability,sexual orientation, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
To City:
City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant:
Bruce Bower, Owner/Qualified Manager
Bruce Bower Investigations, CA PI#26864
P.O. Box 6914
La Quinta,CA 92248-6914
Phone: 760-574-2734
72as99J 7
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11A Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to cant'out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
720599.1 8 2
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date:
David H. Ready
City Manager
APPRM BY CITY MANA�I�ER
APPROVED AS TO FORM: ATTEST h�CQ� �d' AI01�PI
BY 4xlrk"L B :
Y
Douglas q.Aolland, es Thompson,
City Atto In
ey City Clerk
"CONSULTANT"
Bruce Bower
Bruce Bower Investigations
0
Date: IZ� I ZU/S� By : 9,� a-
13ruce Bower
Owner/Qualified Manager
720599.1 9 13
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICESIWORK
Including,
Schedule of Fees
And
Schedule of Performance
7205".1 II
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EXHIBIT"A"
Bruce Bower Investigations
SCHEDULE OF SERVICE
Schedule of Fees
Level I Back2rounds- Police Officer& Public Safety Dispatcher
$875.00 per individual background investigation, plus any costs required to complete the
background (fees charged by others to obtain official transcripts, law enforcement agency
checks, etc.). Mileage will be charged at the current year IRS rate for travel outside of the
Coachella Valley. For travel outside of the Southern California region (Santa Barbara,
Ventura, Los Angeles, Orange, San Diego, San Bernardino, Riverside, San Diego and Imperial
Counties) an hourly rate of$40.00 will be charged for travel time in addition to the mileage
rate, unless via air travel. All air travel cost will be billed at actual cost plus the federal
government daily per diem meal rate. All travel outside the Southern California region must be
approved in advance by the City of Palm Springs Human Resources Department before any
costs are incurred.
Partial backgrounds that are suspended due to disqualifying factors will be charged on a per hour
basis, with a minimum charge of $160.00. The maximum charge will not exceed the set fee of
$875.00(excluding any fess or mileage as detailed above).
Level II Backgrounds- All other full-time Publip Safety employee nositions
$775.00 per individual background investigation, plus the associated fees outlined above
in Level I above. Partial backgrounds are charged on the same the basis as Level l above.
Level III Backgrounds-All other positions
The cost for any other position such as Non-Safety or Executive Post level will be negotiated once
the investigative requirements are received from the City of Palm Springs.
Schedule of Performance
All Safety Positions
• Personal History Statement
• Pre-Investigative Questionnaire
• Required Documents list
• False Statement Advisement
• Lateral Officer Advisement
• Live Scan(utilizing City equipment/resources)
• Local and Nationwide Criminal Search
• State and Nationwide Sexual Offender Search
• Education verification
• Credit Bureau Report analysis
• Citizenship Verification
• Military Service Verification
• Local Agency Checks(Create letters, Department liaison print on letterhead and mail)
16
EXHI BIT"A"
• Dissolution of Marriage Verification
• Marriage Verification
• Employment Reference Contact and Employment Verification
• Personal Reference Contact
• Driving Record Verification and Analysis
• Local County Superior Court Search and Analysis
Police Officer and Dispatcher Positions Above Plus
• Residence Verification
• Residence Check
• Neighborhood Canvasing and Neighbor Interviews
Additional Information
All backgrounds to be completed in a thorough and accurate manner in accordance with POST
requirements. Backgrounds will be completed as expeditiously as possible and City shall be
kept current as to status on backgrounds on a regular or as requested basis. The fees stated
above do not include the costs associated with any other processes required by the City of Palm
Springs for its hiring process (i.e., Live Scan, Polygraph, Medical or Psychological testing).
Those fees are the sole responsibility of the City of Palm Springs. The City of Palm Springs will
provide the POST required outline Tabs for Peace Officer and Public Safety Dispatcher
background files. Bruce Bower Investigations will be responsible for all costs associated with
printing and compiling the final investigation document for submission to the City of Palm
Springs.
17
EXHIBIT `B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
720599.1 12
18
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
tern of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty(30) days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials,
officers,agents,employees,and volunteers.
2. Minimum Scone of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars($2,000,000) general aggregate;
2. Automobile liability insurance as required by CA law;
3. Professional Iiability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars$1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Consultant's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coveraee. If Errors & Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to
720599.1 13
] 9
cover claims made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Consultant's
services under this Agreement. Consultant shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements arc not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2)an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all
workperformed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or "for any
and all work performed with the City"may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate holder
named." Language such as, "endeavor to"mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
7205WJ 14
20
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or(2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
720599.1 15 21
