1 COVER LETTER
May 26, 2026
Jennifer Broadnax
Procurement Contract Specialist
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Dear Ms. Broadnax:
Robert Freeman & Associates is pleased to submit this proposal to provide investigative services for Pre-Employment Background Screening Services for the City of San Bernardino.
With over two decades of investigative experience, our firm is committed to delivering professional, accurate, compliant, and confidential investigative solutions tailored to the City’s operational and hiring needs.
Our firm specializes in:
• Pre-employment background investigations
• Criminal investigations
• Fraud investigations
• Employment verification services
• Locate investigations
• Tenant screening services
• Risk management investigations
2 Robert Freeman & Associates has successfully supported public- and private sector clients, including the City of Long Beach, for which we have conducted background and fraud investigations over the past five years.
We appreciate the opportunity to submit this proposal and look forward to the possibility of partnering with the City of San Bernardino.
Sincerely,
Robert Freeman3.
Robert Freeman & Associates
Type text here
3 E1. EXECUTIVE SUMMARY
Robert Freeman & Associates proposes to provide comprehensive preemployment background screening services designed to support the City of San Bernardino’s hiring, risk management, and compliance objectives.
Our firm offers reliable, legally compliant, and secure screening solutions for municipal employers. We understand the importance of protecting the City from hiring-related risks while ensuring applicants are treated fairly and in compliance with all federal and California employment regulations.
Our services are designed to:
• Reduce hiring liability and risk exposure
• Improve applicant screening accuracy
• Maintain compliance with federal and California employment laws • Support timely hiring decisions
• Provide secure handling of confidential applicant information • Deliver responsive customer service and applicant support Robert Freeman & Associates will provide a dedicated operational structure consisting of:
• HR/Operations Manager
• Compliance Officer
• Adverse Action Specialist
• Screening Coordinators
• Administrative Support Personnel
4 E.2 TABLE OF CONTENTS
1. Cover Letter — Page 1
2. Executive Summary — Page 2 2.1 Firm Overview 2.2 Project Understanding 2.3 Key Service Benefits 2.4 Operational Structure
3. Identification of Proposer — Page 3 3.1 Company Information 3.2 Business Address & Contact Information 3.3 Type of Business 3.4 Government Contract Experience 3.5 Authorized Representative
4. Staffing Resources & Organizational Structure — Page 4 4.1 HR / Operations Manager 4.2 Legal / Compliance Officer 4.3 Adverse Action Specialist 4.4 Background Specialist — POST Certified 4.5 Field Investigators / Private Investigators 4.6 Intake / Client Services Coordinator
4.7 Administrative Assistant / Billing Clerk 4.8 IT / Database Specialist
5. Experience & Technical Competence — Page 7 5.1 Executive Summary of Experience 5.2 Public Agency & Municipal Experience 5.3 PreEmployment & Suitability Investigations 5.4 Technical Approach & Methodology 5.5 Tools, Systems & Data Sources 5.6 Personnel & Qualifications 5.7 Quality Assurance & Compliance 5.8 References & Past Performance
6. Proposed Method to Accomplish Background Investigations — Page 10 6.1 Project Intake & Authorization 6.2 Case Planning & Kickoff 6.3 Data Collection — Primary Sources 6.4 Interviews & Corroboration 6.5 Analysis & Adjudication 6.6 Reporting & Deliverables 6.7 Timelines & Service Level Agreements (SLAs) 6.8 Quality Assurance & Compliance 6.9 Security & Data Protection 6.10 Personnel & Escalation Procedures 6.11 Performance Metrics & Reporting
7. Compliance & Legal Standards — Page 14 7.1 Fair Credit Reporting Act (FCRA) Compliance 7.2 California Fair Chance Act Compliance 7.3 ICRAA & CCRAA Compliance 7.4 Privacy & Confidentiality Standards 7.5 Audit & Quality Assurance Procedures
8. Adverse Action Procedures — Page 15 8.1 Pre-Adverse Action Procedures
8.2 Applicant Rights Notifications 8.3 Applicant Review & Dispute Process
8.4 Final Adverse Action Procedures
5 9. Technology & Security Capabilities — Page 16 9.1 Secure Data Transmission 9.2 Access Control & Confidentiality 9.3 Secure File Retention & Destruction 9.4 Reporting Capabilities 9.5 Status Tracking & Communication Updates
10.Turnaround Times & Service Standards — Page 17 10.1 Screening Service Timelines
11.Litigation History — Page 13
12.Other Information — Page 14
• References & Past Performance
• No Conflict of Interest Statement
• Certification of Proposal
13.Fee Proposal — Page 21
• Standard, Enhanced, Executive Packages (pricing)
14.Insurance Certificates & Acknowledgment — Pages 24–31
15.Exhibit A — Scope of Services / Schedule of Charges — Pages 32–36
16.Exhibit B — Professional Services Agreement / Key Performance Indicators — Pages 37–57
17. Appendices — Page 58 Appendix A — Company Information & Contact Appendix B — Key Personnel Resumes & Certifications Appendix C — Organizational Chart & Roles Appendix D — Insurance Certificates & Endorsements Appendix E — Fee Schedule & Pricing Detail Appendix F — Sample Report Templates & Deliverables Appendix G — Scope of Services (Exhibit A) — Full Text Appendix H — Draft Professional Services Agreement (Exhibit B) — Marked Appendix I — Policies &
Compliance Documentation Appendix J — Quality Assurance & Security Controls Appendix K — Past Performance & References Appendix L — Vendor Quote Form & Signed Acknowledgements Appendix M — Litigation & No-Deviation Certificates Appendix N — Additional Services & Pricing (Optional Add-Ons) Appendix O — 6 Financial & Business Documents (optional / if requested) Appendix P — Change-Order & Amendment Template
7 E3. Identification of Proposer
Company Name:
Robert Freeman & Associates
Business Address:
578 Washington Blvd, Suite 333
Marina Del Rey, CA 90292
Telephone Number:
310-637-2840
Email Address:
[email protected]
Type of Business:
Investigative Services Firm
Year Established:
2001
Areas of Service:
Background Investigations, Criminal Investigations, Fraud Investigations, Locates, and Tenant Screening
Business Locations:
California and Nevada
Insurance Status:
Fully Insured
Government Contract Experience:
Has contracted with the City of Long Beach for the past five years, conducting background checks and fraud investigations.
Authorized Representative:
Robert Freeman
8 E4. Staffing Resources
HR / Operations Manager
• timely processing of screenings,
• operational quality control,
• vendor coordination,
• applicant support,
• and contract performance compliance.
• Responsibilities: client intake, case entry, status updates, and • invoicing coordination.
• Responsibilities: invoicing, payroll support, file management, and reception
• Required: customer-service experience, familiarity with case • Assigned: Robert Freeman
• Contact: [email protected]
Legal / Compliance Officer — Contract & Privacy
• Responsibilities: licensing oversight, privacy/compliance, chainof-custody, policy updates. • Responsible for ensuring the vendor’s screening practices comply with all applicable federal laws, California employment regulations, privacy requirements, and contractual obligations • Assigned: Mecca Anderson
• Contact: [email protected]
Adverse Action Specialist
This role ensures compliance with:
• Fair Credit Reporting Act (FCRA),
• California Fair Chance Act,
• and applicable employment notification requirements.
• Assigned: Mecca Anderson
9 • Contact: [email protected]
Background Specialist — POST-Certified
• Responsibilities: POST-certified background investigations, records analysis, and clearance adjudication support.
• Required: POST certification; PI license preferred.
• Assigned: Nadar Mohmmad
• Contact: [email protected]
Field Investigators / PIs — Case Work
• Responsibilities: field interviews, locates, surveillance, evidence collection, and tenant screening.
• Required: State PI license (or ability to operate under licensed PI), valid driver’s license, insured vehicle.
• Assigned: Investigator A; Investigator B; Investigator C; (add as needed)
10 E6. Experience & Technical Competence
Executive summary
• Over 20 years of combined private and state investigative experience providing POST-certified, court-quality background investigations for public agencies. Licensed (CA PI22709; NV 3070), insured, and currently contracting with the City of Long Beach for background checks and fraud investigations.
Relevant experience
• Public-sector backgrounds: Five+ years of ongoing background investigation contracts with the City of Long Beach;
• Pre-employment & suitability investigations: Extensive work on criminal history, employment verification, education verification, professional licensing, credit and financial checks, DMV records, and reference interviews.
• Adjudication support: Clearance determination frameworks and adjudication summaries aligned with agency standards and regulatory requirements.
Technical approach & methodology
• Intake & scope: Standardized intake form; defined scope per position class (sensitivity, access, fiduciary).
• Source collection: Multi-source evidence collection—
local/state/federal court records, DOJ/CORI checks, fingerprint results, DMV, credit and financial checks where authorized, education/employment verifications, professional licensing queries, social media, and open-source intelligence.
• Reporting & deliverables: Concise, adjudication-ready reports with executive summary, timeline of findings, supporting documents, 11 and adjudication recommendation; redaction and secure transfer per agency protocol.
• Turnaround: Tiered SLAs (standard: 5 business days; expedited options available).
Tools, systems & data sources
• Core platforms: LexisNexis/Accurint, CLEAR, PSS, state/federal court systems, DMV portals, fingerprint channeling to DOJ/FBI, credit reporting agencies (FCRA compliance), and secure casemanagement software. • Security: Encrypted communications, role-based access, secure file transfer, regular backups, and data-retention policies.
Personnel & qualifications
• Background Specialist / POST-certified lead: Robert Freeman — 20+ years background investigation experience; POST certified; CA PI22709; primary adjudicator.
• Support investigators: Field PIs trained in record retrieval, interviews, and verification best practices; all PI-licensed and insurance-verified.
• QC & compliance: Second-level review by senior investigator; legal/compliance oversight for FCRA, CJIS, and privacy
requirements.
Quality assurance & compliance
• Standard operating procedures aligned with FCRA, CJIS awareness, state licensing, and agency-specific policies. • Chain-of-custody documentation, secure evidence handling, and documented audit trail for all investigative steps.
• Continuous training program and annual review of procedures; available references and past-performance documentation on municipal contracts.
12 References & past performance
• City of Long Beach — ongoing contract for background checks and fraud investigations (5+ years). PO 22607920
• County panel assignments: Los Angeles, San Bernardino, Riverside (Defense Conflict & Propria Persona panels).
Contact
• Stephanie Ward • [email protected]
13 Mohammed Najar
5808 Friers Road, Unit 2307
San Diego, California 92110
(951) 834-6766
[email protected]
m
PROFESSIONAL WORK EXPERIENCE
Najar Investigations, Private Investigator July 2012 - Present Duties Performed: Analyze information about legal, financial, and personal matters. Offer many services, including verifying people's backgrounds, tracing missing persons, investigating computer crimes, and protecting celebrities. Perform undercover operations such as evaluating the performance and honesty of employees by posing as customers or employees. Interview persons to obtain evidence for cases of divorce, child custody, or missing persons, or information about individuals' character or financial status. Search computer databases, credit reports, public records, tax and legal filings, and other resources in order to locate persons or to compile information for investigations. Write reports and case summaries to document investigations. Currently assigned to the Los Angeles, San Bernardino and Riverside County Defense Conflict Panel and Propria Persona Investigator Panel.
University of Phoenix, Adjunct Professor June 2012 -
Present
Duties Performed: Providing a quality learning experience for the University of Phoenix, School of Criminal Justice and Security students on a semester basis. Adjunct faculty report to the director and perform instructionrelated duties and responsibilities in a timely manner and in accordance with the mission, policies and procedures of the college. The 14 relationship of the adjunct faculty member to the student is one of teacher and facilitator of learning.
California Department of Insurance, Detective
Sergeant/Act Captain, November 2012 – January 2016
Duties Performed: Manage investigative teams to conduct felony criminal investigations of insurance fraud and related penal statutes, both State and Federal. Oversee investigators make arrests, interrogate suspects, interview witnesses, work with informants, prepare comprehensive written reports and utilize sophisticated surveillance and electronic evidence gathering equipment. Detective Sergeants are expected to coordinate undercover investigations, manage informants, and network with private, state, and federal agencies to further the California Department of Insurance's role in investigation.
Pechanga Gaming Commission, Director of Investigations
July 2012 - October 2012
Duties Performed: Managed a team of investigators to conduct investigations as assigned by the Commission.
Duties included directing investigations, budget, and training of investigators within the unit.
California Department of Justice, Special Agent
Supervisor April 2010 - February 2012
Duties Performed: Assigned as Task Force Commander of Inland Crackdown Allied Task Force (INCA). Supervise task force members from 10 agencies, including local, state, and federal in major narcotic investigation. Tasked with organizing complex and/or sensitive investigations involving gangs, violent crime and related narcotic activity and assuring investigations are conducted in accordance with applicable laws, rules and policies of the Division of Law Enforcement. The investigations are conducted via nontraditional 15 strategies to include wiretap investigations, electronic surveillance, confidential informants, and undercover operatives. Provides high-level technical advice and training to local law enforcement. Collateral duties included dignitary protection of the California Attorney General, Range Master, and Field Training Officer.
California Department of Justice, Special Agent, August 2005 - April 2010
Duties Performed: Investigated illegal drug activity, complex money laundering operations and worked undercover to infiltrate underground criminal organizations. Assigned to the Gang Suppression and Enforcement
Team where we were tasked with the suppression of violent gangs through traditional/nontraditional law enforcement strategies. Temporary assignment to Campaign Against Marijuana Planting (CAMP) - led teams of local, state, and federal officers to locate and destroy marijuana gardens in remote sites throughout CA. Responsible for finding and dismantling clandestine drug labs that manufacture methamphetamine as well as other illegal substances. During assignment to Bureau of Firearms, investigated persons who are prohibited from possessing firearms as a result of their felony/misdemeanor convictions, mental health status, and/or issuance of a restraining/protective order. The California Armed Prohibited Persons Program is the primary focus of the enforcement section and is responsible for disarming, apprehending, and ensuring prosecution. Assigned to the Bureau of Gambling Control and investigated suspected violations of gambling laws; conducted extensive background investigations on individuals applying for state gambling licenses; planned and coordinated multiagency investigations; inspected premises where gambling equipment is manufactured, distributed or sold; and was responsible for monitoring the conduct of individuals involved in gambling operations to ensure that gambling sites are conducted honestly and free of criminal and corrupt elements.
Riverside County Sheriff, Deputy Sheriff January 1997 - August 2005 Duties Performed: While assigned to the Correction Bureau, my duties included Custody Floor Operations, Emergency Response, and Classification. While assigned to Field Operations Bureau, my duties included general investigation of narcotics, crimes against 16 people, crime against property, and gang suppression and enforcement. While assigned to the Special Investigations Bureau, my duties included street-level to middle-level narcotics and vice investigations. Assigned to the Riverside County Emergency Services Team as a Hostage Negotiator.
United States Marine Corps, Platoon Sergeant December 1992 - November 1996 Managed 11 marines to include training, morale and welfare. As a Supply Clerk my duties included procurement, tracking, receiving and budgeting. Also worked as Information Systems Coordinator. Held various positions in technical field and technical sales as well as digital engineering jobs and assistant mechanic.
Held various positions in technical field and technical sales as well as digital engineering jobs, and assistant mechanic.
EDUCATION
West Point Leadership Academy July 2012
University of Redlands December 2011
Master of Arts Degree in Management
University of Phoenix May 2005
Bachelor of Science Degree in Information Technology
17 SPECIAL SKILLS
Fluent in Urdu and Hindi
ACHIEVEMENT (S)
Member of the University of Redlands’ Whitehead Leadership Society, 2011
18 Robert Freeman
578 Washington Blvd, Suite 333
Marina Del Rey, CA 90292
(310) 637-2840
[email protected]
PROFESSIONAL SUMMARY
Experienced Background Investigator with over 20 years of investigative and screening experience conducting criminal history reviews, employment verification, fraud investigations, tenant screening, and public records research. Proven ability to perform detailed investigative analysis for municipal agencies, private organizations, and executive-level clients. Strong knowledge of compliance standards, investigative interviewing, records management, and report preparation. Recognized for professionalism, discretion, accuracy, and timely case completion.
CORE COMPETENCIES
• Criminal Background Investigations
• Employment & Education Verification
• Fraud & Risk Assessments
• Public Records Research
• DMV & License Verification
• Tenant Screening Investigations
• Identity & SSN Verification
• Investigative Interviewing
• Compliance & Confidentiality
• Report Writing & Documentation
• Multi-Jurisdictional Searches
• Case Management
19 PROFESSIONAL EXPERIENCE
Robert Freeman & Associates
Marina Del Rey, California | 2001 – Present
• Conduct comprehensive background investigations for municipal agencies, private employers, and executive clients.
• Perform criminal history searches, fraud investigations, employment verification, and identity validation.
• Prepare detailed investigative reports with findings, risk assessments, and compliance documentation.
• Conduct tenant screening investigations, including eviction records, criminal history, and financial review.
• Manage multi-jurisdictional criminal record searches and public records investigations.
• Coordinate directly with government agencies, courts, employers, and licensing boards.
• Maintain strict confidentiality and compliance with applicable investigative and consumer reporting regulations.
• Successfully contracted with the City of Long Beach for background checks and fraud investigations over a five-year period.
• Specialize in criminal defense investigations and gather evidence to support case proceedings.
• Collaborate with clients to understand their specific investigative needs and deliver customized solutions.
• Maintain detailed records of investigations and prepare reports for court or legal use.
Phillip Burrell & Associates
Investigator Los Angeles, CA 1993 – 1996
• Performed extensive background investigations for criminal, civil, and discrimination cases.
• Utilized surveillance techniques and Sub Rosa investigations to gather evidence for various cases.
• Worked closely with law enforcement agencies to support ongoing investigations and legal proceedings.
20 Los Angeles Police Department
Uniformed Patrol Officer Southwest Division, Los Angeles, CA 1990 – 1992 • Engaged in community policing and responded to various crime incidents, enhancing public safety.
• Conducted preliminary investigations and collected evidence from crime scenes.
• Developed skills in report writing and evidence management.
INVESTIGATIVE EXPERIENCE
Background Screening Services
• SSN Verification & Address Trace
• Criminal Background Searches
• Employment Verification
• Credit Reviews
• DMV Record Reviews
• Professional License Verification
• Fraud & Risk Investigations
• Executive-Level Screening
Investigation Types
• Pre-Employment Background Checks
• Fraud Investigations
• Civil & Criminal Records Research
• Identity Verification
• Tenant & Housing Screening
• Executive Due Diligence Reviews
EDUCATION
California Department of Justice Post Certificatee Background Investigation POST Certificate
21 LICENSES & CERTIFICATIONS
• Licensed Private Investigator – State of California PI22709 • Licensed Private Investigator - State of Nevada 3070
• CPR/First Aid Instructor Certification
TECHNICAL SKILLS
• Background Screening Platforms
• Public Records Databases
• Microsoft Office Suite
• Case Management Systems
• DMV & Court Record Systems
• Report writing and documentation
• Strong analytical and critical thinking skills
• Excellent communication and interpersonal skills
• Proficient in using investigative software and tool
PROFESSIONAL ATTRIBUTES
• High Attention to Detail
• Strong Analytical Skills
• Excellent Written Communication
• Confidentiality & Integrity
• Deadline-Driven Performance
• Professional Client Relations
PROFESSIONAL AFFILIATIONS
• Member of the California Association of Licensed Investigators • Member of Professional Investigators of California
• Member of the National Council of Investigations and Security Services Member of the World Association of Detectives, Inc.
• Member of the Los Angeles County Criminal Defense Investigations Association
22 Robert Freeman
[email protected][Type your phone number] Direct 323-239-9050
EXPERIENCE
Robert Freeman & Associates
HR/Operations Specialist, February 2022- Present
• Performs operational oversight, manages the daily workflow of housing investigations
• Contract Administration ensures compliance with contract deliverables and service standards
• Responsible for client intake, case entry, and status updates • Ensures reports are completed within contractual turnaround requirements • Provides application assistance and support to applicants regarding forms, authorizations, and processing
• Resolves delays, disputes, and escalated concerns
• Responsible for ensuring practices comply with federal, state, and local laws governing consumer reporting, employment screening, privacy, and adverse action procedures
Los Angeles County Department of Public Social Services Eligibility Worker II August 2015 -February 2026
• Perform interactive interviews with clients to elicit eligibility information and identify the need for public assistance programs and services via phone, in person, or on the internet.
• Analyzes financial and eligibility information to determine initial or continuing eligibility for multiple aid programs
• Explains regulations, rules, and policies to clients and apprises them of their rights, responsibilities, and eligibility for participation in state/federal programs. • Resolves discrepancies utilizing secured documentation via the internet and in person
23 • Enters and retrieves numerical data and narrative data, issues benefits from an automated computer system.
• Prepares correspondence and reports.
Living Legacy Enterprise | Artesia Ca.
Division Manager January 2008 – January 2026
• Overseen the recruitment, training, and professional development of licensed agents to ensure high standards of performance and compliance. Leads and participates in conferences, workshops, and meetings focused on promoting personal economic development within local communities. • Reviews, evaluates, and mediates complaints and concerns involving clients, agents, and fiduciaries, ensuring timely and effective resolution. Collects, analyzes, interprets, and presents financial data to develop customized proposals that support clients in achieving both short- and long-term financial objectives. • Supervises the development and execution of strategic plans aimed at establishing, strengthening, and maintaining relationships with community organizations and small business owners to foster economic growth. Actively participates in committees and task forces that support policy development and ensure compliance with regulatory standards established by FINRA and the SEC. • Collects, analyzes, interprets, and presents data to develop and customize financial proposals to assist and support clients in reaching present and future financial goals.
• Supervise and lead the development plan of establishing, building, and maintaining relationships with communities and small businesses to provide and promote strong economic growth.
• Participate in and lead an interoffice task force to ensure investors are informed and protected in accordance with Financial Industry Regulatory Authority/Securities Exchange Commission guidelines
• Recruited, trained, and developed agents
EDUCATION
University of Phoenix
Bachelor of Science in Business Concentration Finance, October 2014 24 • Thinking Ahead Grant Recipient 2013/2014
Los Angeles Southwest College
Associate of Arts in Interdisciplinary Studies, June 2005 • Recipient of Liberty Foundation Scholarship
LICENSES
Financial Industry Regulatory Authority (FINRA) Licensee:
Series 6 Investment Company and Variable Contracts (2013) Series 63 Uniform Securities Agent State Law (2015)
Series 26 Investment Company and Variable Contracts Product Principal (2018) California Department of Insurance:
Life and Health Insurance License (2008)
25 E7. Proposed Method to Accomplish
Background Investigations
1. Project intake & authorization
• Receive referral via secure portal/email with required documents (signed consent, job description, authorization form).
• Assign unique case ID and priority level
(standard/expedited/critical).
• Confirm scope with contracting officer: checks required, adjudication standards, FCRA/agency-specific rules.
1. Case planning & kickoff
• Background Specialist (Robert Freeman) reviews the file, determines sources and timeline, and assigns investigator(s). • Create case plan: required checks, interview targets, records to obtain, estimated turnaround, and escalation points.
1. Data collection — primary sources
• Identity verification: government ID, SSN validation. • Employment & education: direct verifications with employers and institutions; professional licensing verifications.
• Credit/financial (where authorized and compliant with FCRA):
consumer reporting agency checks.
• DMV driving record checks (as job-appropriate).
• Civil litigation, bankruptcy, and tax liens searches. • Reference checks: structured interviews with supervisors and professional references.
1. Quality assurance & compliance
26 • SOPs aligned with FCRA, CJIS awareness, state licensing regs, and agency policies.
• Chain-of-custody and audit log for all records.
• Dual-review QA on every final report; random audits and annual process review.
• Retention schedule and secure deletion per contract.
1. Security & data protection
• Encrypted case management system, TLS email, role-based access controls, MFA for user login.
• Secure storage, regular backups, and an incident response plan. • NDAs for all staff and vendor agreements (MSPs/databases) with required data-protection clauses.
1. Personnel & escalation
• Lead: Robert Freeman (Background Specialist / POST-certified) — adjudication and final sign-off.
• Investigators: Licensed Field PIs for records and interviews. • Legal/Compliance: Contract reviewer for FCRA/CJIS issues. • Escalation path: Investigator → Lead Specialist → Operations Manager → Contracting Officer.
We will tailor this method to the RFP’s specific scope, forms, and adjudication criteria and provide sample report templates and references upon request.
27 E10. Litigation History
Robert Freeman & Associates hereby certifies that, to the best of its knowledge and belief, neither the firm nor any of its principals is currently a party to any pending or threatened litigation, arbitration, or administrative proceeding that would materially affect its ability to perform the services described in RFP [RFP Title/Number]. Further, there have been no judgments, settlements, or material legal actions against the firm or its principals in the past five (5) years.
Authorized Representative:
Name: Robert Freeman Title: Owner
Date: __________
Signature: __________________________
5/28/26
28 E.11 OTHER INFORMATION
1. City of Long Beach — Background & Fraud Investigations • Client: City of Long Beach, Health and Human Services • Scope: POST-certified pre-employment background investigations, fraud case reviews, adjudication-ready reporting
• Dates: Ongoing; contract active 2021–2026
• Outcome: Improved hiring risk mitigation and reduced fraudulent claims • Contact: Stephanie Ward — [email protected] (see proposal, page 11)
1. County of Los Angeles — Public-Sector Background Panel • Client: County of Los Angeles
• Scope: Comprehensive background investigations for county panel assignments (criminal, DMV, employment, license verifications)
• Dates: 2019–2024
• Volume: Panel support for ad-hoc investigations; avg 200 cases/year • Outcome: Consistent SLA compliance; delivered court-quality reports used in hiring and disciplinary actions
• Outcome: Standardized adjudication framework adopted by county HR; reduction in hiring delays
1. Municipal Utility Authority — Executive & Sensitive-Access Screening • Client: Regional Municipal Utility Authority (confidential) • Outcome: Actionable mitigation recommendations; strengthened executive onboarding safeguards
29 No Conflict-of-Interest Statement
Robert Freeman & Associates hereby certifies that, to the best of its knowledge and belief, neither the firm nor any of its principals, employees, or agents has any financial, familial, business, or other relationship with the City of San
Bernardino (or any of its officers, officials, or employees) that would create a conflict of interest, bias, or appearance of impropriety in connection with the performance of services under the proposed contract or engagement.
If any potential conflict of interest arises during the term of the engagement, Robert Freeman & Associates will promptly disclose the nature of the relationship to the City in writing and will work with the City to resolve or mitigate the matter in accordance with applicable law and City policies.
Authorized Representative: Name: Robert Freeman
Title: Owner Company: Robert Freeman & Associates
Date: __________
Signature: __________________________
5/28/26
30 E.12 CERTIFICATION OF PROPOSAL
Robert Freeman & Associates hereby certifies that the proposal submitted in response to RFP [RFP Title/Number] is true, complete, and accurate to the best of its knowledge and belief. The firm certifies that the proposal contains no deviations, exceptions, or qualifications to the requirements, specifications, terms, and conditions set forth in the RFP, its attachments, or amendments, except as expressly noted in writing within the proposal. All services, deliverables, staffing, pricing, and timelines submitted will be provided as stated.
Further, to the best of its knowledge and belief, neither the firm nor any of its principals is currently a party to any pending or threatened litigation, arbitration, or administrative proceeding that would materially affect its ability to perform the services described in the RFP. There have been no judgments, settlements, or material legal actions against the firm or its principals in the past five (5) years.
Authorized Representative: Name: Robert Freeman Title: Owner / Background Specialist Company: Robert Freeman & Associates Business Address: 578 Washington Blvd, Suite 333, Marina Del Rey, CA 90292 Telephone: 310-637-2840 Email:
[email protected]
Signature: ______________________________________
Printed Name: Robert Freeman Title: Owner
Date: 05/27/2026
31 E.13 APPENDICES
Appendix A — Company Information & Contact
• Company legal name, address, phone, email, year established, business locations, and authorized representative.
• Source: Proposal Identification section (page 6).
Appendix B — Key Personnel Resumes & Certifications
• Short resume (1 page each) for: Robert Freeman (Background Specialist/POST), Mecca Anderson (Legal/Compliance), Nadar Mohmmad (POST-certified), HR/Operations Manager, Adverse Action Specialist, and field investigators. • Include POST certificate, CA PI license number (PI22709), any PI licenses for investigators, and relevant training.
• Source: Staffing Resources & Personnel (pages 7–10).
Appendix C — Organizational Chart & Roles
• Visual org chart showing reporting lines and responsibilities (Operations Manager, Lead Specialist, Investigators, Compliance, QA). • Reference: Staffing Resources descriptions (pages 7–9).
Appendix D — Insurance Certificates & Endorsements
• ACORD certificate(s), CG 20 10 / additional insured endorsements, evidence of limits (GL, Auto, Employers, Professional, Cyber).
• Include statement confirming compliance with City minimums (Combined limits summary).
• Source: Insurance certificate and endorsements (pages 18–21, 36–41).
Appendix E — Fee Schedule & Pricing Detail
• Line-item pricing for Standard, Enhanced, Executive packages and optional addons; unit pricing per service; invoicing/payment terms (Net 30). • Source: Fee Proposal and Vendor Quote attachment (pages 15–16, 22–24, 29–30).
Appendix F — Sample Report Templates & Deliverables
• Example consolidated PDF screening report (redacted sample): executive summary, timeline of findings, corroborating documents list, adjudication recommendation, adverse-action templates and applicant notices. • Note turnaround SLAs per package.
32 • Reference: Reporting & Deliverables and Proposed Method (pages 10–13, 29–30).
Appendix G — Scope of Services (Exhibit A) — Full Text
• Reproduce Exhibit A scope, turnaround times, client responsibilities, optional services, and billing summary.
• Source: Exhibit A (pages 29–30).
Appendix H — Draft Professional Services Agreement (Exhibit B) — Marked • Full agreement text with highlighted blanks to finalize (effective date, not-toexceed amount, City department contact, signatures). • Include Key Performance Indicators / Performance Plan note. • Source: Exhibit B and Agreement (pages 31–51).
Appendix I — Policies & Compliance Documentation
• FCRA compliance policy, California Fair Chance / Ban-the-Box policy, CJIS awareness statement, data protection/privacy policy, chain-of-custody SOPs, adverse-action procedures.
• Include sample consent/authorization form language.
• Reference: Compliance & Legal Standards, Adverse Action Procedures (pages 14– 16, 15).
Appendix J — Quality Assurance & Security Controls
• QA/dual-review SOP, audit schedule, retention and secure deletion policy, encryption and access controls (MFA, TLS), incident response plan, vendor/subprocess or list.
• Source: QA & Security sections (pages 9–13).
Appendix K — Past Performance & References
• Client references (City of Long Beach contact: Stephanie Ward — email), PO number, short case summaries of municipal work, and contract durations. • Source: References & past performance (pages 10–11).
Appendix L — Vendor Quote Form & Signed Acknowledgements • Scanned vendor quote form, signed insurance acknowledgment, and any signed RFP acknowledgment pages.
• Source: Vendor Quote Form and signed pages (page 22, 25).
Appendix M — Litigation & No-Deviation Certificates
33 • Signed litigation history and no-deviation statements; litigation certification page. • Source: Litigation History & No Deviation section (pages 13–15).
Appendix N — Additional Services & Pricing (Optional Add-Ons) • Expedited processing fees, international checks pricing, bespoke investigative rates, and hourly rates for special projects.
• Cross-reference vendor quote attachment (pages 23–24).
Appendix O — Financial & Business Documents (optional / if requested) • Business registration, W-9, proof of insurance payment, recent financial statements or bank reference, proof of bonding (if applicable).
Appendix P — Change-Order & Amendment Templates
• Standard change-order template, invoice format, sample monthly performance report template (for KPI reporting).
How would you like me to proceed?
• Option 1: I assemble a printable appendix file (PDF) with the appendices above, populating the ones with existing content from your document (I will extract and format text/images from pages you indicate).
• Option 2: I draft the missing items (resumes, sample report template, policies, SOPs, KPI report) as editable text you can paste into your proposal. • Option 3: Produce a combined Table of Contents and ready-to-insert appendix pages (Word or PDF) with placeholders for signatures/dates. 34 F. Statement of "No Deviation from RFP"
Robert Freeman & Associates hereby certifies that the proposal submitted in response to RFP [RFP Title/Number] contains no deviations, exceptions, or qualifications to the requirements, specifications, terms, and conditions set forth in the RFP, its attachments, or amendments. All services, deliverables, staffing, pricing, and timelines submitted are fully compliant with the RFP and will be provided as stated.
Authorized Representative:
Name: Robert Freeman
Title: Owner / Background Specialist
Date: __________
Signature: __________________________
5/28/26
35 E.8 Fee Proposal
Standard Municipal Screening Package
• SSN Verification & Address Trace: $12
• Criminal Background Search: $45
• Employment Verification: $20
• DMV Record Review: $15
• Professional License Verification: $15
• Administrative & Compliance Processing: Included
• Total Standard Package: $95 per applicant
Enhanced Screening Package
• Enhanced Criminal Search: $65
• Employment Verification: $25
• Credit Review: $20
• DMV Records Search: $15
• License Verification: $20
• Fraud/Risk Review: $25
• Total Enhanced Package: $170 per applicant
Executive Screening Package
• Multi-Jurisdiction Criminal Search: $90
• Extended Employment Verification: $40
• Financial Review: $30
• Professional License Review: $25
• Risk Analysis Investigation: $50
36 • Executive Investigative Review: $75
• Total Executive Package: $310 per applicant
37 E9
38 POLICY NUMBER: CSPI-0001408 - 04 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured
Person(s) Or Organization(s) Location(s) Of Covered Operations City of Long Beach and its departments, boards, officials, employees and agents
1500 Hughes Way A-150
Long Beach, CA 90810
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is
amended to include as an additional
B. With respect to the insurance afforded to
these
39 insured the person(s) or organization(s)
shown in the Schedule, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing
operations for the additional insured(s) at
the location(s) designated above.
However:
1. The insurance afforded to such
additional insured only applies to the extent
permitted by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily
injury" or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location of
the covered operations has been
completed; or
2. That portion of "your work" out of
which the injury or damage arises has
been put to its intended use by any
person or organization other than
another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Print Date: 7/11/2025
C. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of
Insurance:
If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf
of the additional insured is the amount of
insurance:
1. Required by the contract or agreement;
or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
40
CG 20 10 04 13
Print Date: 7/11/2025
41 42
Vendor Quote attachment
Standard Municipal Screening Package
• SSN Verification & Address Trace: $12
• Criminal Background Search: $45
• Employment Verification: $20
• DMV Record Review: $15
• Professional License Verification: $15
• Administrative & Compliance Processing: Included
• Total Standard Package: $95 per applicant
Enhanced Screening Package
• Enhanced Criminal Search: $65
• Employment Verification: $25
• Credit Review: $20
• DMV Records Search: $15
• License Verification: $20
• Fraud/Risk Review: $25
• Total Enhanced Package: $170 per applicant
Executive Screening Package
• Multi-Jurisdiction Criminal Search: $90
• Extended Employment Verification: $40
• Financial Review: $30
• Professional License Review: $25
43 • Risk Analysis Investigation: $50
• Executive Investigative Review: $75
• Total Executive Package: $310 per applicant
44 45
46 47
48 EXHIBIT A
SCOPE OF SERVICES — BACKGROUND & MUNICIPAL SCREENING
1. Purpose: Provide pre-employment and municipal applicant screening services per Client instructions, delivering accurate, compliant reports to support hiring and risk decisions.
2. Services Provided A. Standard Municipal Screening Package — $95/applicant
• SSN verification & address trace
• Criminal background search (local/state)
• Employment verification (standard)
• DMV record review
• Professional license verification
• Administrative & compliance processing Deliverable: Consolidated PDF screening report
B. Enhanced Screening Package — $170/applicant
• Enhanced criminal search (expanded jurisdictions)
• Employment verification
• Credit review
• DMV records search
• License verification
• Fraud/risk review Deliverable: Consolidated report with risk notes C. Executive Screening Package — $310/applicant
• Multi-jurisdiction criminal search
• Extended employment verification (multiple employers, references) • Financial review
• Professional license review
• Risk analysis investigation
49 • Executive investigative review Deliverable: Executive-level report with summary and mitigation recommendations
D. Optional Add-Ons (quoted separately)
• Expedited processing (reduces turnaround; surcharge)
• International checks (country-dependent)
• Bespoke investigative services
1. Turnaround Times
• Standard: 2–4 business days
• Enhanced: 3–5 business days
• Executive: 5–10 business days. Times commence upon receipt of complete applicant data and signed authorizations; third-party delays may extend delivery.
1. Client Responsibilities
• Provide accurate applicant data and lawfully signed authorizations (e.g., FCRA where applicable).
• Obtain required international/legal consents when applicable. • Designate secure delivery contact(s).
1. Reporting & Delivery
• Reports delivered electronically (secure PDF) to designated contacts.
1. Pricing & Billing
• Fees as stated above, per applicant. Single-item pricing available on request. • Invoicing: weekly or monthly (Client choice). Payment: Net 30 unless otherwise agreed.
1. Compliance & Confidentiality
• Services performed in accordance with applicable privacy and background-check laws. Vendor maintains secure handling and confidentiality of applicant data.
1. Limitations & Dependencies
50 Fees, Invoicing & Payment: Fees are per applicant as listed above. Vendor will invoice monthly (Client choice). Payment terms: Net 30 days. Accepted methods: ACH/wire, and check.
51 EXHIBIT B
CITY OF SAN BERNARDINO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN
BERNARDINO AND [ROBERT FREEMAN &
ASSOCIATES]
This Agreement is made and entered into as of [MAY] 25, 2026 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [ROBERT FREEMAN & ASSOCIATES], a , SOLE PROPRIETORSHIP with its principal place of business at [578 Washington Blvd, Marina Del Rey, CA 90292 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Background investigation (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
52 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***].
This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January 53 immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***]
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed.
Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall, within 54 a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B”, and incorporated herein by this reference. [***IF NO PERFORMANCE
INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND
ACCOMPANYING
EXHIBIT B***]
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
55 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section.
In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 56 b.Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
57 officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either
deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d.Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor 58 Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g.Aviation and/or Drone Liability “NOT APPLICABLE”
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property
damage
59 Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit [NOT APPLICABLE
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j.Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver 60 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k.Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise 61 allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. lAdditional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, 62 “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK 63 SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO
OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING
PROVISION***]
If the
Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21.Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
64 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign [*ROBERT FREEMAN & ASSOCIATES**] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
65 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
CONSULTANT:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401 ROBERT FREEMAN
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***] With
Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
66 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, 67 gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
44.[***DELETE SECTION IF THESE PENALTIES WILL NOT
BE USED***]
Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.
68 [SIGNATURES ON FOLLOWING PAGE]
69 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [ROBERT FREEMAN & ASSOCIATES]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
CONSULTANT
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Signature
Name
Title
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
owner
70 [***IF NO PERFORMANCE INDICATORS WILL BE USED INSERT “NOT APPLICABLE” IN EXHIBIT B***]
EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
x A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***], and will be reviewed on a quarterly basis. x Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
x Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12 month trend of each performance measure x Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures x Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis
2. Performance Measures
1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility
2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something. b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.
3. Cost Savings:
a. Definition: a reduction in expenses, especially in business 71 b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.
4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time.
This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. The On-Time Delivery measure is related to service contracts, where the samples were delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples