Agenda packet — Gardena City Council, February 13, 2024 (part 2 of 2)

TRANSMITTAL LETTER TO BE PREPARED ON CONTRACTOR’S

LETTERHEAD
LABEL as ATTACHMENT A
(No Form Provided)

City of Gardena RFP – Background Investigation Services Page

9 ATTACHMENT B

Page 1 ends

BACKGROUND INVESTIGATION SERVICES

REPRESENTATIONS AND CERTIFICATIONS FORM

The undersigned submits the attached RFP Response Forms in compliance with the RFP for BACKGROUND INVESTIGATION SERVICES.

The RFP Response Forms include Attachments A-K as herein specified. It is understood that any additional information, if any, include d in the RFP Response Forms may not necessarily be considered in the evaluation of the vendor's qualifications by the City.

The undersigned offers to perform all duties and obligations required of Contractor as specified by the provisions of the RFP for BACKGROUND INVESTIGATION SERVICES at the rates and for the consideration herein.

NAME OF BIDDER: ____________________________________________ NUMBER OF YEARS IN BUSINESS IN THIS AREA: __________________ DBA: ________________________________________________________ MAILING ADDRESS: ___________________________________________ ___________________________________________
TELEPHONE NUMBER: (____)_________________
FAX NUMBER: (____)________________________
E-MAIL: ___________________________________
CONTACT PERSON: ___________________________________________

OWNERSHIP INFORMATION. List the full name of each owner who possesses at least a ten percent interest in the business. If the owner is a general business, each owner shall be listed; if the owner is a corporation, each stockholder holding more than ten percent of the corporation shall be listed; and if the owner is a partnership, each partner, excluding limited partners, shall be listed. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

City of Gardena RFP – Background Investigation Services Page

10 ATTACHMENT B

Page 2 ends

I represent and certify that I have read and understand the information presented in the RFP documents contained in the BACKGROUND INVESTIGATION SERVICES Request for Proposals, and that it is true and correct to the best of my knowledge and belief and that I am authorized to execute this Representation and Certification.

Signed _____________________________________
Firm _____________________________________
Name _____________________________________
(Print or type)

Title _____________________________________
Date _____________________________________

Note to Bidder:

ATTACH COPY OF CORPORATE RESOLUTION OR OTHER DOCUMENT ESTABLISHING

THAT THE PERSON MAKING THE REPRESENTATION AND CERTIFICATION ABOVE IS AUTHORIZED TO DO SO. THE DOCUMENT MUST BE LABELLED “ATTACHMENT B”, Page

3. City of Gardena RFP – Background Investigation Services Page

11 ATTACHMENT C

Page 1 ends

BACKGROUND INVESTIGATION SERVICES
PROPOSAL AND CONTRACTOR’S CERTIFICATION

NAME OF COMPANY SUBMITTING PROPOSAL _____________________________

Description

(A)
Unit

(B)
Estimated
Quantity in Total
3 Year Contract**
(C)
Price

(BxC)
National and Multi Statewide criminal database check, employment history, credit history, etc.

Sworn Employee Each 60 $
Civilian Employee Each 90 $
Initial Screening Each 40 $
(Price Not to Exceed for Three-Year Contract) TOTAL $

*Contractor must submit City’s Form but may also submit Contractor’s own cost form, if necessary, as part of Attachment C*
**City is not obligated to meet the estimated quantity over the course of the contract.**

I hereby certify that the fees listed on this proposal form constitutes my Proposal for furnishing the required services necessary to provide City BACKGROUND INVESTIGATION SERVICES and that the prices proposed above will remain in effect from February 28, 2024 through

____________________________________________________________________________.

Note: Failure to respond with a specific date will be considered non-responsive.

___________________________________________ ________________________ Signature of Authorized Representative/Official Date

___________________________________________
Printed Name and Title

City of Gardena RFP – Background Investigation Services Page

12 ATTACHMENT D

Page 1 of 1 ends

BACKGROUND INVESTIGATION SERVICES REQUEST FOR PROPOSALS

NON-COLLUSION AFFIDAVIT OF CONTRACTOR

State of ________________________________County of _____________________________

_____________________________________, being first duly sworn, deposes and says that:

1) He is ___________________________________ of ____________________________, (Owner, partner, officer, representative, or agent)

the Contractor that has submitted the attached Proposal.

2) He is fully informed respecting the preparation and contents of the at tached RFP and all pertinent circumstances respecting such Proposal;

3) Such Proposal is genuine and is not a collusive or sham Proposal;

4) Neither the said Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Contractor, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Contractor, firm or person to fix the price or prices in the attached Proposal or of any other Contractor or to fix any overhead, profit or cost element of the Proposal price or the Proposal price of any other Contractor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Gardena (OWNER) or any person interested in the proposed Contract; and

5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Subscribed and sworn to before me this ____ day of _______________, 20___

________________________________________
Signature of Authorized Official

________________________________________
Title of Authorized Official

My Commission expires on ____________________
City of Gardena RFP – Background Investigation Services Page

13 ATTACHMENT E

Page 1 of 1 ends

BACKGROUND INVESTIGATION SERVICES REQUEST FOR PROPOSALS

CERTIFICATION OF DRUG-FREE WORKPLACE

I, _____________________________________________________, hereby certify on behalf of (Name of Authorized Official)

_________________________________________ that:
(Name of Company)

The Contractor named above, and all Sub-Contractors working on this Contract, will comply with Government Code Section 8355 in matters relating to providing a drug -free workplace. The Contractor and all Sub-Contractors will, therefore:

Publish a statement notifying employees that unlawful manufacture, distribution, dispens ation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).

Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b), to inform employees about all of the following:

1. The dangers of drug abuse in the workplace;

2. The firm’s policy of maintaining a drug-free workplace;

3. Any available counseling, rehabilitation and employee assistance programs; and

4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this Contract.

Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed Contract:

1. Will receive a copy of the firm’s drug-free policy statement; and

2. Will agree to abide by the terms of the firm’s statement as a condition of employment on the Contract.

CERTIFICATION:

I, _______________________________________, hereby certify that the above named company, which I am duly authorized to represent, will comply with the Drug -Free Workplace requirements of this Contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.

Executed this ________ day of _____________________, 20___

By ____________________________________________
(Signature of Authorized Official)

______________________________________________
(Title of Authorized Official)
City of Gardena RFP – Background Investigation Services Page

14 ATTACHMENT F

Page 1 of 1 ends

BACKGROUND INVESTIGATION SERVICES REQUEST FOR PROPOSALS

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The Contractor hereby certifies compliance with all applicable equal employment opportunity laws and regulations, as applicable.

1. In implementing the project, the Contractor may not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age or national origin. The recipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

2. The Contractor shall be responsible for requiring that all subcontractors of the project comply with this provision, except subcontracts for standard commercial supplies of new materials.

____________________________
Date

______________________________________________
Company

By: ______________________________________________
Signature of Authorized Official

______________________________________________
Print Name of Authorized Official

______________________________________________
Title of Authorized Official
City of Gardena RFP – Background Investigation Services Page

15 ATTACHMENT G
Page _____ of _____

LIST OF REFERENCES

NAME OF COMPANY SUBMITTING BID ___________________________________________

Please submit the following information in reference to similar experience as specified in the RFP.

If available, please specify other local municipalities for which you have provided service.

NAME OF BUSINESS ___________________________________________________________ STREET ADDRESS:_____________________________________________________________ CITY:__________________________STATE:__________ZIP CODE:______________________ CONTACT PERSON:____________________________TITLE:___________________________ TELEPHONE NUMBER: (____)____________________________________________________ DATES OF CONTRACTED SERVICE:_______________________________________________

NAME OF BUSINESS:___________________________________________________________ STREET ADDRESS:_____________________________________________________________ CITY:___________________________STATE:_________ZIP CODE:______________________ CONTACT PERSON:____________________________TITLE:___________________________ TELEPHONE NUMBER: (____)____________________________________________________ DATES OF CONTRACTED SERVICE:_______________________________________________

NAME OF BUSINESS:___________________________________________________________ STREET ADDRESS:____________________________________________________________ CITY:___________________________STATE:_________ZIP CODE:______________________ CONTACT PERSON:____________________________TITLE:___________________________ TELEPHONE NUMBER: (____)____________________________________________________ DATES OF CONTRACTED SERVICE:_______________________________________________ City of Gardena RFP – Background Investigation Services Page

16 ATTACHMENT H
Page _____ of _____

BACKGROUND INVESTIGATION SERVICES REQUEST FOR PROPOSALS ADDENDUM ACKNOWLEDGEMENT – SIGNATURE PAGE

Addendum Acknowledgement – Signature Page

Contractor acknowledges receipt of the following addenda which are attached to the RFP:

Addendum No. ________ Date _______________

Failure to acknowledge the receipt of all addenda may cause the Proposal to be considered non- responsive to the Request for Proposals.

If Contractor is a corporation, state the legal name of the corporation and the name(s) of person(s) authorized to sign Proposals; if a partnership, state true name of firm and the names of al l individual partners; if an individual, state name in full. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Date: __________________, 20____

Company: ______________________________

Signed: ________________________________

Name: _________________________________

Title: __________________________________ Telephone: ________________________

Legal Address: __________________________________________

__________________________________________

City of Gardena RFP – Background Investigation Services Page

17 ATTACHMENTS I and J

ATTACHMENTS I and J TO BE PROVIDED BY CONTRACTOR

LABEL EACH ATTACHMENT

City of Gardena RFP – Background Investigation Services Page

18 ATTACHMENT K

SAMPLE DRAFT AGREEMENT

AGREEMENT BETWEEN

THE CITY OF GARDENA
AND
_____________________________

This contract, hereinafter referred to as Agreement is entered into this ______ day of February, 2024, by and between THE CITY OF GARDENA (“City”) and ___________, a [state] [type of entity] (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.

1. Recitals.

A. Whereas, City requires the services of a professional to provide background investigation services; and

B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to provide these services; and

C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090 -1092 of the California Govern ment Code, in the subject matter of this Agreement.

2. Services.

A. Consultant agrees to provide the professional services described in the City’s Request for Proposals (RFP) and any associated addendum, attached hereto as Exhibit “A” and Consultant’s Response to City’s RFP (“Consultant’s Proposal”), attached hereto as Exhibit “B”, both incorporated herein by this reference (“Services”).

B. The Services shall be performed in accordance with the Project Schedule set forth in Exhibit B. Consultant shall not be liable for any failure or delay in furnishing proposed Services resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by City to provide appropriate access to equipment or personnel, or other causes beyond Consultant’s reasonable control.

3. Additional Services. If City determines that additional Services are required to be City of Gardena RFP – Background Investigation Services Page

19 provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional Services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the amount agreed upon in writing by the Parties. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

4. Consultant’s Proposal. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

5. Timing of Performance. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement as set forth in Exhibit A. City, in its sole discretion, may extend the time for performance of any Service.

6. Compensation. Compensation for the Services shall be billed as set forth in Exhibit B *, attached hereto. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges, unless otherwise. In no event shall compensation under this Agreement exceed XXX and 00/00 ($*) without the prior written authorization of the City Council.

7. Term of Agreement/Termination. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on February 27, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one [1] additional one [1] year period upon mutual written agreement of both parties.

A. This Agreement shall be effective as of the date of execution by the City and shall remain in effect until all Services are completed or until terminated as provided for herein.

B. City may terminate this Agreement without cause by providing written notice to Consultant not less than ten days prior to an effective termination date. City’s only obligation in the event of termination will be payment of fees and allowed expenses incurred up to and including the effective date of termination.

C. Unless for cause, Consultant may not terminate this Agreement. If Consultant is terminating this Agreement for cause, it must provide the City with thirty (30) days written notice.

D. Upon receipt of a termination notice, Consultant shall: (1) promptly discontinue all Services, unless the notice directs otherwise; and (2) within ten (10) City of Gardena RFP – Background Investigation Services Page

20 days, deliver to City all files, data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the Services under this Agreement, whether completed or in progress. Consultant shall provide these documents by both hard copy and in electronic format if available. In the event of termination for other than cause attributable to Consultant, Consultant shall be entitled to reasonable compensation for the Services it performs up to the date of termination and shall be deemed released from liability for any work assigned but not completed as of the effective date of termination.

8. Agreement Administrator. For purposes of this Agreement, City designates Chief Mike Saffell or designee as the Agreement Administrator who shall monitor Consultant’s performance under this Agreement. Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by Agreement Administrator Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Agreement Administrator. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Agreement Administrator determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section- Term of Agreement/Termination. All notices, invoices or other documents shall be addressed to the Agreement Administrator, as well as all substantive issues relating to this contract. City reserves the right to change this designation upon written notice to Consultant.

9. Invoices and Payments.

A. Payment shall be made upon receipt and approval of invoices for Services rendered. In order for payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs, and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced.

B. The Agreement Administrator shall review the invoices to determine whether services performed and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or the Agreement Administrator shall provide Consultant with a written statement objecting to the charges and stating the reasons therefore.

C. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

10. Records/Audit.

City of Gardena RFP – Background Investigation Services Page

21 A. Consultant shall be responsible for ensuring accuracy and propriety of all billings and shall maintain all supporting documentation for a minimum of three (3) years from the completion date of the Services under this agreement the following records:

1. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assure proper accounting for all funds;

2. Records which establish that Consultant and any subconsultant who renders Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations

3. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

B. City shall have the right to audit Consultant’s invoices and all supporting documentation for purposes of compliance with this Agreement for a period of three years following the completion of Services under this Agreement.

C. Upon reasonable notice from City or any other governmental agency, Consultant shall cooperate fully with any audit of its billings conducted by, or of, City and shall permit access to its books, records and accounts as may be necessary to conduct such audits.

11. Successors and Assignment. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

12. Change in Name, Ownership or Control. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

13. Key Personnel. City has relied upon the professional training and ability of Consultant to perform the Services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all Services under this Agreement. In the event that City, in its sole discretion, at any time during the Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City.

14. Performance By Consultant. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice City of Gardena RFP – Background Investigation Services Page

22 and material furnished under this Agreement.

15. Use of Materials.

A. City shall make available to Consultant such materials from its files as may be required by Consultant to perform Services under this Agreement. Such materials shall remain the property of City while in Consultant’s possession. Upon termination of this Agreement and payment of outstanding invoices of Consultant, or completion of work under this Agreement, Consultant shall return to City any property of City in its possession and any calculations, notes, reports, electronic files, or other materials prepared by Consultant in the course of performance of this Agreement.

B. City may utilize any material prepared or work performed by Consultant pursuant to this Agreement, including computer software, in any manner, which City deems proper without additional compensation to Consultant. Consultant shall have no responsibility or liability for any revisions, changes, or corrections made by City, or any use or reuse pursuant to this paragraph unless Consultant accepts such responsibility in writing.

16. Nonuse of Intellectual Property of Third Parties. Consultant shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Consultant has a license. Consultant shall indemnify and hold City harmless against all claims raised against City based upon allegations that Consultant has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Consultant pursuant to this Agreement.

17. Ownership of Work Product. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant and shall be the sole property of City.

Consultant shall provide City with copies of these items upon demand, and in any event, upon termination of this Agreement.

18. Confidentiality Clause. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal statutes ("Confidential Information"). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information.

23 divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.

"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.

HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.

Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.

Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.

19. Legal Requirements.

A. Consultant shall secure and maintain all licenses or permits required by law, including a City business license, and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the work.

B. Consultant warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature City of Gardena RFP – Background Investigation Services Page

24 and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

C. Consultant covenants that there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, or any other category forbidden by law in performance of this Agreement.

20. Conflict of Interest and Reporting.

A. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and

2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of Services to be performed under this Agreement.

B. Consultant and its representatives shall refrain from lobbying City of Gardena officials, employees and representatives for the duration of this Agreement.

21. Guarantee and Warranty. Consultant warrants to City that the material, analysis, data, programs and Services to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. Without waiver of City’s other rights or remedies, City may require Consultant to re-perform any of said Services, which were not performed in accordance with these standards. Consultant shall perform the remedial Services at its sole expense.

22. Insurance.

A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverage required in this Section.

Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all of the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.

B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

City of Gardena RFP – Background Investigation Services Page

25 C. Coverage, Limits and Policy Requirements. Consultant shall maintain the types of coverage and limits indicated below:

1. Commercial General Liability Insurance - a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.

2. Commercial Auto Liability Insurance - a policy with coverage at least as broad as Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.

3. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

a. The City, its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy.

b. The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.

c. For any claims with respect to the Services covered by this Agreement, Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its elected and appointed officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

4. Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

5. Professional Errors & Omissions - a policy with minimum limits of one million dollars ($1,000,000.00) per claim and aggregate. This policy shall be issued by an insurance company which is admitted to do business in the State of California and Consultant shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to City.

City of Gardena RFP – Background Investigation Services Page

26 D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. Deductibles. Any deductible or self-insured retention over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.

F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.

G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

23. Indemnity.

A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.

27 obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

24. Independent Contractor. Consultant agrees to furnish consulting services in the capacity of an independent contractor and neither Consultant nor any of its employees shall be considered to be an employee or agent of City.

25. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service und er this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

26. Notices. Any notice or communication given under this Agreement shall be effective when deposited, postage prepaid, with the United States Postal Service and addressed to the contracting parties. Name, address, telephone and facsimile numbers of the parties are as follows:

City of Gardena:
1700 West 162nd Street
City of Gardena RFP – Background Investigation Services Page

28 Gardena, California 90247-3732
Attn: Mike Saffell
Title: Chief of Police
Email: [email protected]
Telephone: (310) 217-9601

To Consultant: Name of Consultant
Street Address or P.O. Box
City, State Zip Code
Attn: ________________
Email: _______________
Telephone: (___) ________

Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.

27. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

28. Jurisdiction and Venue. This Agreement shall be deemed a contract under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be Los Angeles County, California.

29. Waiver. No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. To be valid a waiver shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

30. Electronic Signatures. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature.

29 has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.

31. Joint Drafting. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

32. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

33. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

34. Attorney’s Fees. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.

35. Section Headings. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.

36. Entire Agreement. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of City of Gardena RFP – Background Investigation Services Page

30 electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement.

IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.

“City” “Consultant”
City of Gardena Name of Consultant or Consultant Company By: _______________________ By: _______________________________ Tasha Cerda, Mayor Name and title of individual
Date: _______________ Date: __________________
By: _______________________________
Name and title of individual

Date: __________________

ATTEST:

Mina Semenza, City Clerk

APPROVED AS TO FORM:

Carmen Vasquez, City Attorney

Consultant Agreement with PALICON GROUP Page 1

AGREEMENT BETWEEN

THE CITY OF GARDENA
AND

PALICON GROUP

This contract, hereinafter referred to as Agreement is entered into this 13th day of February, 2024, by and between THE CITY OF GARDENA (“City”) and PALICON GROUP, a California corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.

1. Recitals.

A. Whereas, City requires the services of a professional to provide background investigation services; and

B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to provide these services; and

C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090 -1092 of the California Government Code, in the subject matter of this Agreement.

2. Services.

3. Additional Services. If City determines that additional Services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional Services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 2

to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the amount agreed upon in writing by the Parties. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

6. Compensation. Compensation for the Services shall be billed as set forth in Exhibit B, attached hereto. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges, unless otherwise. In no event shall compensation under this Agreement exceed TWO HUNDRED FORTY-SIX THOUSAND EIGHT HUNDRED DOLLARS ($246,800) without the prior written authorization of the City Council.

7. Term of Agreement/Termination. This Agreement shall commence on February 28, 2024 and continue for a period of three (3) years, ending on February 27, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one [1] additional one [1] year period upon mutual written agreement of both parties.

A. This Agreement shall be effective as of the date of execution by the City and shall remain in effect until all Services are completed or until terminated as provided for herein.

C. Unless for cause, Consultant may not terminate this Agreement. If Consultant is terminating this Agreement for cause, it must provide the City with thirty (30) days written notice.

D. Upon receipt of a termination notice, Consultant shall: (1) promptly discontinue all Services, unless the notice directs otherwise; and (2) within ten (10) days, deliver to City all files, data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 3

Consultant in performing the Services under this Agreement, whether completed or in progress. Consultant shall provide these documents by both hard copy and in electronic format if available. In the event of termination for other than cause attributable to Consultant, Consultant shall be entitled to reasonable compensation for the Services it performs up to the date of termination and shall be deemed released from liability for any work assigned but not completed as of the effective date of termination.

9. Invoices and Payments.

C. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

10. Records/Audit.

A. Consultant shall be responsible for ensuring accuracy and propriety of all billings and shall maintain all supporting documentation for a minimum of three (3) years from the completion date of the Services under this agreement the following records:

DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 4

1. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assure proper accounting for all funds;

3. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

15. Use of Materials.

DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 5

Consultant shall provide City with copies of these items upon demand, and in any event, upon termination of this Agreement.

Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 6

approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.

19. Legal Requirements.

B. Consultant warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 7

20. Conflict of Interest and Reporting.

B. Consultant and its representatives shall refrain from lobbying City of Gardena officials, employees and representatives for the duration of this Agreement.

22. Insurance.

C. Coverage, Limits and Policy Requirements. Consultant shall maintain the types of coverage and limits indicated below:

1. Commercial General Liability Insurance - a policy for occurrence DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 8

coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.

3. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

a. The City, its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy.

b. The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.

D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

City shall notify Consultant in writing of changes in the insurance requirements. If DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 9

Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

23. Indemnity.

A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.

B. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 10

complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or be come entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

City of Gardena:
1700 West 162nd Street
Gardena, California 90247-3732
Attn: Mike Saffell
Title: Chief of Police
Email: [email protected]
Telephone: (310) 217-9601
DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 11

To Consultant: Palicon Group
3400 Central Ave., Suite 225
Riverside, CA 92506
Attn: David Green
Email: [email protected]
Telephone: (855) 725-4266

Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.

City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 12

Record under both E-SIGN and UETA with respect to this specific transaction.

33. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

35. Section Headings. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.

36. Entire Agreement. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement.

DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 Consultant Agreement with PALICON GROUP Page 13

IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.

“City” “Palicon Group”
City of Gardena Consultant
By: _______________________ By: _______________________________ Tasha Cerda, Mayor David Green, Principal

Date: _______________ Date: __________________

ATTEST:

Mina Semenza, City Clerk

APPROVED AS TO FORM:

Carmen Vasquez, City Attorney
DocuSign Envelope ID: 016AB7F5-F446-4982-BDD5-204CC8D7CE07 1/8/2024

RE: Final Pricing
David Green <[email protected]>
Thu 12/14/2023 5:10 PM
To:Elizabeth Hernandez <[email protected]>;Eric McBride <[email protected]> Caution! This message was sent from outside your organization.

Hi Liz,

Your pricing matrix is consistent with our conversation and agreed upon as presented.

Thanks,
Dave

From: Elizabeth Hernandez <[email protected]> Sent: Thursday, December 14, 2023 4:56 PM
To: David Green <[email protected]>; Eric McBride <[email protected]>
Subject: Final Pricing

Good evening,

During our meeting on December 5th, you were asked if the pricing provided in the Palicon RFP proposal response was your best and ﬁnal pricing. You mentioned that you could reduce the pricing amount listed on the Initial Screening line item of $350 per candidate, with the assumption of 40 candidates, to $85/hour for 2 hours, or $170 for the 40 estimated candidates (see attached initialed document from our meeting). That would change your cost proposal to:

DescriptionEstimated
Quantity in Total
3 Year Contract
Price per
Candidate
Total Price
Sworn
Employee
60 $1750 $105,000
Civilian
Employee
90 $1500 $135,000
Initial Screening40 $85/hr x 2 hr =
$170
$6,800
Price Not to Exceed for Three-Year Contract$246,800

This would be a reduction of $7,200 from your original proposal.

You also mentioned in our meeting that this pricing would remain in effect for the term of the contract.

Please reply to this email, conﬁrming the above, or with any differences in understanding you have.

Thank you,
Liz

Elizabeth Hernandez
City of Gardena
1718 West 162nd Street | Gardena CA | 90247
Phone 310.283.8469| [email protected]

October 21, 2023

Gardena Police Department
1718 W. 162nd St.

Gardena, CA. 90247
Attn: Elizabeth Hernandez

Background Investigations Proposal

Company Profile

Palicon Group is a Southern California based firm specializing in workplace investigations, security, and public safety consulting. Serving both the public and private sectors, Palicon Group employs retired law enforcement professionals with the training , experience, and certification by the California Commission on Peace Officer Standards and Training (POST) to conduct thorough and complete investigations. You can be assured that all aspects of an applicant’s background will be investigated and presented for our clients’ review. Comp any staff have spent years working with POST auditors and have a thorough understanding of all POST requirements. We also offer pre-employment Certified Voice Stress Analysis (CVSA) examination s and personnel investigation services for allegations of employee misconduct.

Relevant Service Experience

Palicon Group’s Co-Managing Partners Eric McBride and David Green are retired police chiefs having each served thirty years in the profession. Combined, they have hired several hundred personnel and presided over an equivalent number of background investigations. From this experience, they formed Palicon Group in 2020 and developed a service model that addressed many of the shortcomings of privatized service. Today, Palicon Group is one of California’s fastest growing firms with some of its most recent contract awards coming from the City of Long Beach, the California Department of Justice, and the California Highway Patrol. Our growth stems from our ability to handle high volume accounts while still maintaining timely turnarounds and producing a high-quality work product. If requested, the firm’s principals are prepared to answer questions, provide sample work products, and demonstrate of our automated background platform.

Service Model

Palicon Group utilizes the Guardian Solutions web -based background platform to provide a seamless and professional experience for our clients, their applicants, and all required references.

In our experience, this platform facilitates a more user-friendly experience for applicant references

which encourages more comprehensive feedback and timelier responses to investigators. These efficiencies enable us to provide a higher quality and timelier product to our clients. Through this platform, agency liaisons can electronically access background files and track investigative progress in real -time. Additionally, the platform allows our clients to automate their PHS/PIQ questionnaire process at no cost and flags conflicting responses provided to other agencies utilizing the same platform. All costs associated with the platform are included in our flat billing rate and backgrounds will generally be completed in 6-8 weeks absent a special request for an expedited process.

In all situations where investigators identify information that may disqualify an applicant, they will contact the client’s assigned liaison. If the client chooses to disqualify the applicant, the background will be terminated and billed based on actual hours worked.

It is important for Palicon Group to understand our clients’ needs, guidelines, and expectations.

To that end, we encourage client feedback on applicants and positional needs to ensure we are screening not only for minimum qualifications, but to ensure applicants are the right fit for building a quality workplace culture.

POST compliant backgrounds will include the following components:

• Background Narrative Report
• Personal History Statement
• DOJ/FBI Fingerprint Returns and Firearms Clearance
• Driving Record Check
• Local Law Enforcement Agency Checks
• Credit Records Check
• Education Verification
• Citizenship/Age Verification
• Military History Check
• Dissolution of Marriage Check
• Employment Verification and History Check
• Relative/Personal References Check
• Home/Neighborhood Check
• Medical/Psychological Clearances
• Social Media Screening
• Bias Analysis
• Other Documentation as Necessary

Data Storage and Protection

The Guardian Alliance platform and all data reside on AWS GovCloud, which is especially tailored to securely house sensitive data such as criminal justice information. There is a vast amount of information regarding security infrastructure and practices available on their site at https://aws.amazon.com/compliance/cjis/
Guardian's data security model is consistent with federal and state laws, regulations, and standards, including the FBI’s CJIS security policy, as well as any other applicable policies and

standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). Its data security program combines administrative, technical, and physical safeguards designed to assist in protecting the personal information entered or uploaded to the Guardian platform against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.

Additionally, Guardian is an approved Independent Software Vendor (ISV) within the AWS Partner Network (APN) and has achieved Select Technology Partner, Public Sector Partner, and Reviewed by AWS Status. Guardian has recently completed the Partner Transformation Program, undergone a Well-Architected Review (WAR) and a Foundational Technical Review (FTR) with AWS Solution Architects to ensure that data entered or uploaded to the platform is secure at all times. Guardian treats all data in the system as though it is CJI.

Data from city applicants is stored on the platform in perpetuity without charge. Should the city request removal, it can be provided to the city in pdf or CSV format and permanently removed from the system.

FCRA and UDAAP Compliance Policy

All investigators and support personnel are required to sign an acknowledgment form to confirm their understanding of Palicon Group’s Fair Credit Reporting Act (FCRA) and the Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) Training Policy and their commitment to comply with th ese regulations. By providing comprehensive training on FCRA and UDAAP, Palicon Group aims to ensure compliance with these critical regulations, safeguard consumer rights, and maintain its reputation as an ethical and responsible organization.

Company Oversight/Qualified Management

Palicon Group Co -Founder Eric McBride serves as a company principal and qualified manager overseeing all investigative services. Eric’s background comprises over thirty years of experience with the San Bernardino Police Department where he retired as Chief of Police. During his tenure, Eric held various supervisory and management roles in the Department’s Professional Standards and Personnel Bureaus where he served as the Department’s PMK for all civil proceedings. As chief, he oversaw the recruitment, scre ening, hiring, and training of several hundred sworn and non-sworn employees while utilizing both internal and contract background service providers in the process. As a consumer, Eric recognized many of the shortcomings in quality and service that hamper an agency’s ability to efficiently onboard staff in an ever-competitive law enforcement job market. It is from this vantage point that Eric continually collaborates with clients, POST representatives, and various technology vendors to ensure Palicon Group is facilitating client competitiveness. Eric holds an undergraduate degree from California Baptist University and a graduate degree from Troy University. He is a graduate of the FBI National Academy, Naval Post Graduate School’s Executive Leaders Program, the Senior Management Institute for Policing at Boston University, and California POST Command College. Eric is a current member of the FBI National Academy Associates, California Police Chiefs Association, California Association of Licensed Investigators, and numerous other professional and civic organizations.

Team Organization and Structure

Palicon Group is managed by co -founders David Green and Eric McBride. Both are intimately involved in daily operations, and both are directly accessible to all clients. David and Eric collectively share responsibility for client relations, contracts, billing, and all personnel matters.

Investigations Coordinator Kayla Toner coordinates assignments and reviews all backgrounds for content and quality before submission to clients. Kayla is an experienced law enforcement analyst having served with the Boston Police Department and Massachusetts Office of Homeland Security and Public Safety before joining Palicon Group.

Palicon Group exclusively utilizes honorably retired law enforcement personnel for its investigative staff. The vast majority have between twenty-five and thirty years of experience and retired at a supervisory or management rank. All investigators are POS T certified in background investigations and all work exclusively for Palicon Group. While assignments are generally determined by the geographic location of investigators in relation to the assigned applicants, we are open to client input when determining the best makeup for project staff. Palicon Group does not subcontract background investigations.

Project Team

Eric McBride
Ca. Private Inv. License #189227
(See above listed biography)

Dan Settle
Ca. Private Inv. License #189433
Investigator Dan Settle is a retired San Diego County Sheriff’s Sergeant whose career spanned numerous roles from K-9 handler to patrol sergeant. As a private investigator, he has developed extensive experience in pre-employment background investigations having worked for CSI Enterprises before joining Palicon Group.

Dan's commitment to law enforcement education extends to his role as an Adjunct Faculty member at Palomar College where he teaches Administration of Justice. He also serves as an instructor at the Palomar College Police Academy, where he teaches courses like Principled Policing and Report Writing, ensuring students are equipped with up-to-date knowledge and practices.

Dan holds a B.S. in Physiology and Neuroscience from the University of California, San Diego, and a master’s degree in organizational leadership from National University.

Subcontractors

Palicon Group will not utilize subcontractors to fulfil this contract.

Exceptions and Amendments

None

For your consideration,

David Green, Principal

Palicon Group
3 Palicon Group
3400 Central Ave. Suite 225 Riverside, CA. 92506
855 725-4266
855 600-6945
[email protected]
David Green
David Green and Eric McBride
Palicon Group
David Green
Principal
10/2/2023

Palicon Group
1750.00
1500.00
350.00
254,000.00
10/21/2023
David Green
California
Principal/Owner Palicon Group
21st October 23
Principal
N/A
David Green
Riverside
David Green
Palicon Group
David Green
23October21st
Principal
10/21/2023
David Green
Principal
Palicon Group
Palicon Group
Murrieta Police Department
2 Town Square
Murrieta CA 92562
Phillip Gomez Captain
951 304-2677
February 2023 to present
Hemet Police Department
450 E Latham Ave.

Hemet CA 92543
Michael Arellano Captain
951 692-9166
August of 2022 to present
Baldwin Park Police Department
14403 Pacific Ave.

Baldwin Park CA 91706
Andy Velebil Sergeant
(626) 960-1955 ext. 406
December of 2021 to present
Redlands Police Department
1270 W. Park Ave.

Redlands CA 92373
Travis Martinez Deputy Chief
909 557-6583
April of 2022 to present

Palicon Group
As of October 2, 2023
Accrual Basis Monday, October 2, 2023 11:55 AM GMT-07:00 1/1

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 18.A
Section: DEPARTMENTAL

ITEMS - TRANSPORTATION
Meeting Date: February 13, 2024

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Approve a Contract Change Order to Anser Advisory for Construction Management Services in the Amount of $14,565 for the GTrans Dispatch Remodel Project, JN 512 and a Revised Contract Total of $114,483
COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve Change Order
RECOMMENDATION AND STAFF SUMMARY:

On November 8, 2022, the Gardena City Council authorized award of contract to Ambit Construction & Design, Inc. (“Ambit”) for GTrans Dispatch Remodel Project, JN 512, which will result in a new operations dispatch center. It was originally estimated that 100 days of construction and inspection would be needed for this project, based on typical weather and recent projects in the city. As a public construction project, GTrans is required to meet various local, state, and federal requirements and oversee Ambit’s daily work. GTrans needed guidance and support from a construction management firm that specializes in public constructions projects to stay compliant with regulations and ensure that this construction project completes successfully and cost effectively. Anser Advisory (formerly known as Wallace & Associates) was selected from the City’s On-Call Professional Services list, and the initial contract amount based on 100-work days was $99,918.

Construction commenced on July 10, 2023, but faced challenges due to various unforeseen circumstances. There were multiple rounds of submittals, resubmittals, and Requests for Information (RFI) related to the drawings that required collaboration with the Architect, GTrans, Ambit, and inspectors. There were multiple supply chain disruptions obtaining material and equipment, most notably the HVAC equipment and flooring material. Additional painting work was assigned which resulted in additional cost and working days for both Ambit and Anser Advisory. Lastly, some floor flatness and levelness issues have been discovered during construction that may require deviation from the original construction plan. Due to these issues, the construction project is currently anticipated to be extended to March of 2024.

As result of the extended construction period, Anser Advisory requires additional hours to monitor Ambit’s activities both on and off the site. This involves daily visits to the construction site, conducting safety and quality check on work completed, processing Requests for Information (RFI), and reviewing invoices and paperwork. Anser Advisory submitted a request for a contract change order, amounting to $14,565, which would bring the total contract amount to $114,483. GTrans reviewed Anser Advisory's proposal and determined they are fair and reasonable, and the work will be conducted on a time and materials basis.

Therefore GTrans respectfully recommends that the City Council approve a contract change order to Anser Advisory in the amount of $14,565 and a revised project total of $114,483.

FINANCIAL IMPACT/COST:

GTrans has eligible capital funding within the FY24 budget for this project. There is no impact to the General Fund.

ATTACHMENTS:

Wallace & Associates (Anser Advisory) Proposal for Contract Change Order.pdf Wallace & Associates Initial Proposal for Dispatch Remodeling Project (JN 512) 08-13-2019 City Council Approval of On-Call Consultant Services

APPROVED:
___________________________________
Clint Osorio, City Manager

A N S E R A D V I S O R Y . C O M
300 Spectrum Center Dr, Irvine, CA 92618
T. 310.726.2700 [email protected] m
Date: February 8, 2024

Dear Ernie Crespo,

As discussed earlier today here is the justification for added fee on the Gardena GTrans Project and the projected cost breakdown.

Anser Advisories original fee was based on a 100 working day construction duration or approximately 6 months.

Due to circumstances beyond our control, we are now at the one-year mark. See the below comments:

1. Early on in the project there were delays and multiple rounds of submittals and resubmittals for the Fire Alarm and Fire Sprinkler shop drawings.

2. There were multiple supply chain disruptions obtaining material and equipment. Most notably were the HVAC equipment and flooring material.

3. There was some confusion on which set of drawings we were to be using, Either the Bid Set or The Issued for Construction Set. It is typical to use the Issued for Construction set to develop shop drawings. After multiple submittals were rejected and we experienced multiple delays we sent an RFI to the Architect to clarify exactly what set we were to use. The response was to use the Bid Set, as I have noted above this is unusual.

4. We have also been asked to coordinate the lobby painting portion of this project which was not part of the original scope.

5. We are currently discovering some floor flatness and levelness issues as we install the LVT flooring that were unforeseen.

The following is the breakdown of our staff to complete the job around March 15th, 2024:

1. Rachael Highley- 45 Hours at $ 90 to complete the contract work and close out- $4,050

2. Daniel Villescaz- 30 Hours at $ 138 to complete contract work- $4,830

3. Daniel Villescaz- 20 Hours at $ 138 to coordinate the lobby painting scope- $2,760

4. Jeff Schippers -15 Hours at 195 to complete the contract scope- $2,925

Total= $14,565
Sincerely,

Name Jeff Schippers, CCM
Title Senior Construction Manager
Email [email protected]

December 23, 2022

Ernie Crespo – Director of
Transportation
Rachel Yoo – Administrative Analyst
City of Gardena (GTrans)
17174 West 162nd Street
Gardena, CA 90247
Subject: on-call construction management and inspection services for the Dispatch Remodeling Project Dear Mr. Crespo and Ms. Yoo:

It was a pleasure speaking with you both yesterday about the Dispatch Remodeling Project.

As discussed, I am providing you with a description of work, a list of deliverables, and revised cost proposal. Please see below:

DESCRIPTION OF WORK:

Meetings: We will schedule and conduct preconstruction conference meeting with Ambit Construction and Design, Inc., to include stakeholders and utility agencies, as necessary. Conduct weekly coordination meetings with the contractor. Prepare agendas and minutes of all meetings.

Meetings may be held at the project site or may be held virtually, via zoom meeting, or TEAMS.

Constructability Review: Conduct constructability written review comments for the construction documents of (PS&E). Provide recommendations to improve construction efficiencies and/or reduce impacts to dispatch staff, and potential budget constraints/impacts.

Supervision of Construction Inspection and Material Testing: The CM will supervise the work of the project construction inspector(s), geotechnical and material testing technician(s). Review inspector’s daily reports and photographs and provide copies on a weekly basis.

Construction Schedule/Phasing: Develop and present a construction phasing plan to minimize impacts to the existing dispatch operations.

Present proposed construction phasing plan to the City and design team for consideration and for review.

Submittal Review: Comment and/or recommend approval of the contractor’s submittals, including but not limited to shop drawings, material data, samples, and product data. Responsible to route and track submittals for design engineer or City Staff review and approval. Responsible to ensure all material and equipment is installed per Project Plans and Specification. Prepare and maintain a tracking log to be submitted to City’s Project Manager as part on the weekly report.

Weekly Workday Statement: Prepare and issue the weekly working day statements to the contractor and City.

Coordination: Function as the City’s representative and ensure coordination between the contractor and the design teams, City staff, and other stakeholders.

Review Contractor’s Payment and Contract Change Order Request: Review, verify and make a written recommendation of contractor’s invoices/payment requests to the City. The construction manager will reconcile item quantities with field measurements and verify consistency progress invoices. Prepare all City approved contractor change order requests and owner-initiated contract change orders on City Change Order form. Will also forward all requests to the design engineer for their input to the request’s validity and cost. If the request is valid and a reasonable cost is established, then the construction manager will forward the change order request to the City recommending approval and tracking.

Review on Contract Claims: The construction manager will be responsible in working with the contractor and resolving any issues prior to claims. The construction manager will assist with City personnel in recommending the best solution to resolve disputed claims. Resolution of all disputed claims will be approved by the City or its designee.

Final Walk Through and “Punch-List”: The construction manager will arrange for a final walk-through inspection with the contractor and prepare a “punch-list” of items needing to be addressed to complete the work and track progress and its status. The construction manager will certify the completion of work improvements pursuant to the construction contract documents and will make recommendations for final acceptance.
“As-Built” Plans: Maintain a set of “as-built” plans and document any deviations from the original construction contract documents, including change order work. These plans will submitted to the City within 2 weeks of when the project is completed.

Labor Compliance: We will resolve complex labor compliance issues, review, verify and enforce the prime contractors and subcontractor’s submittal of monthly certified payrolls pursuant to the contract agreement, local, Federal, and State requirements. All correspondence and corrections with and by the contractor will be documented and forward to the City. Construction Manager will inform the city as soon as he discovers the discrepancies or labor compliance violations. We will submit a monthly labor compliance report to the City. The report will include certified payrolls, correspondence corrections, consultant letter certifying the review and labor compliance in accordance with the Federal and/or State regulations.

Construction Inspection and Reporting: We will provide one experienced as-needed construction observer/inspector to assure compliance with the plans and specifications throughout the project duration. The Construction inspector will have the full knowledge in the day-to-day operations and activities, coordination and monitoring of all construction methods, and other associated work. The inspector will provide a written daily report that will document all personnel and equipment used for the day. The construction inspectors report will incorporate photos, before, during and after construction. Photos included in the construction inspectors report will be labeled with location and short description.

DELIVERABLES:
• Daily Construction Observation Reports
• Weekly Progress Meeting Agendas and Minutes
• Monthly labor compliance report
• Monthly Construction Management report
• Testing and Observation Reports
• Change Orders and Daily Extra Work Reports
• Pre-Final Inspection Report
• Final Inspection Report / Punch List
• Project closeout report
• As-Builts
• Operations and Maintenance Manuals
If you have any questions, please E-mail me at [email protected] or call me on my cell at (858) 472-2212.

Thank you for this opportunity to continue our relationship with the City of Gardena.

Sincerely,

Jonathan Smith, PE, QSP—President/Principal-in-Charge

Pre-Con
NTP Closeout
Allocation Staff Role Dec Jan Feb Mar April May June Total Hours
Hourly
Rate Cost
0 1 2 3 4 5 9
As-Needed Jonathan Smith, PE, QSD Project Principal 0 0 0 0 0 0 0 0 $200 $0 As-Needed Jeff Schippers, CCM Senior Construction Manager 10 30 30 30 30 30 16 176 $195 $34,320 As-Needed Daniel Villescaz Construction Inspector 0 80 80 80 80 80 1 401 $138 $55,338 As-Needed Rachael Highley Project Administrator 6 20 20 20 20 20 8 114 $90 $10,260 Direct Cost Budget (Reproduction, Postage, Incidentals) $0 Weekly Total of Hours 16 130 130 130 130 130 25 691 $99,918 $99,918

2. Geotechnical and Surveying Services are not included in this proposal.

City of Gardena
Gardena Dispatch Remodeling Project
Construction Project Period by Months
Wallace & Associates Staff
Total CM Cost

1. Fee Schedule Estimate assumes approximately 6 months of construction duration. Should the schedule change due to circumstances beyond Wallace's control, additional costs may be requested.

Construction Period (100 Working Days)

8. DEPARTMENTAL ITEMS (Continued)
D. GENERAL SERVICES
(I) Approval of On-Call Professional Consultants for As-Needed Services City Manager Medrano presented the Staff Report.

CONSENT CALENDAR

5.B.(l)(a)
08/27/2019
There was discussion regarding the collecting of demographic data to see how many disadvantaged, minority, and veteran businesses applied; there was also discussion about the types of projects that could be costing $100,000. City Manager Medrano stated that we did not collect that data but would do so going forward and explained that we do not have in-house staff to do this type of work. Therefore, we would need to hire a Consultant for the design work such as landscape architecture (like the work that was done on Aitesia Boulevard), engineers for redesigning an intersection, and engineers for roadway designs. He also mentioned that most consultants were paid out of project budget, not out of general fund money.

It was moved by Council Member Henderson, seconded by Council Member Tanaka, and carried by the following mil call vote to Approve On-Call Professional Consnltant Services for As-Needed Services:

Ayes:

Noes:

Absent:

Council Members Henderson and Tanaka, Mayor Pro Tern Kaskanian, Council Member Medina, and Mayor Cerda
None
None
(2) Approval of Two (2) Year Contract with West Coast Arborists, Inc. in the amount of$l75,000 for Full Service Forest:ty Maintenance Program
City Manager Medrano presented the Staff Repmt.

Victor Gonzalez and Robert Thompson, representatives from West Coast Arborists, Inc. ("WCA") were present to answer any questions that the Council had. There was a discussion regarding how the City of Gardena piggy-backed on an agreement that the City of Temple City had with WCA to avoid time and cost to conduct a bid process. The City of Temple City's results met all the criteria and specifications of the City of Gardena. It was further discussed that ongoing maintenance of City-owned t:t·ees is required to preserve the health, safety, and general welfare of the public. It was also stated that routine pruning of trees is necessmy to define tree structure as well as to ensure the safety and security of the member of the public who are placed at risk when City trees go umnaintained. The representatives continued to say that they maintain an electronic inventory which t:t·acks the conditions of the trees in developing a comprehensive five (5) year maintenance program which details the entire City of Gardena.

It was moved by Council Member Medina, seconded by Council Member Henderson, and carried by the following roll call vote to Approve the Two (2) Year Contract with West Coast Arborists, Inc.:

Ayes:

Noes:

Absent:

Council Members Medina and Henderson, Mayor Pro Tern Kaskanian, Council Member Tanaka, and Mayor Cerda
None
None
City of Gardena City Council Meeting Page 5 of9 August 13, 2019, Minutes

Gardena City CouncilFebruary 13, 2024

Gardena City Council
February 13, 2024