HomeMy WebLinkAboutContracts & Agreements_188A-2021AGREEMENT FOR PERSONNEL -RELATED INVESTIGATIVE SERVICES
This agreement for the provision of personnel -related investigative services ("Agreement") is made
this 24th day of September, 2021, by and between Garon Wyatt Investigative Services, an individual
business ("Investigator"), and the City of Redlands, a California municipal corporation and general law city
("Client"). Investigator and Client are sometimes individually referred to herein as a Party" and, together,
as the "Parties."
RECITALS
WHEREAS, Investigator is a licensed private investigator, possessing a license to perform the
investigative services described in this Agreement which is identified as follows CA PI License 188115,
and
WHEREAS, Client desires to retain Investigator for the provision of city personnel -related
investigatory services as described herein, and
WHEREAS, Investigator agrees to render the city personnel -related investigative services for
Client on the terms and subject to the conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein, Client and
Investigator agree as follows.
AGREEMENT
Section 1. Authorization.
1 1 Client hereby authorizes Investigator to act on behalf and in the name of Client in the
performance of the personnel -related investigative services more particularly described in Section 2 of this
Agreement (the "Services").
1.2 In performing the Services, Investigator, at all times during the term of this Agreement, is
an independent contractor and not an employee of Client. Investigator shall not represent or otherwise hold
out itself, or any of Investigator's employees or agents, to be an agent or employee of Client.
1.3 Client shall provide Investigator with all available facts, photographs, documents, and
information known to Client pertaining to the investigation which would or potentially could affect the
outcome of the investigation.
Section 2. Services.
2.1 Investigator shall provide the Services, as more particularly described below, for Client for
the purposes of conducting an investigation into the facts and circumstances surrounding an anonymous
personnel -related complaint received by Client including:
A. Identification of the factual basis for each allegation,
B Identification of the absence of factual basis for any such allegations,
C Identification of the factual basis for any responses/counter-allegations raised by witness or
accused individuals,
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D Identification of the absence of any factual basis for any response/counter-allegations raised
by witnesses or accused individuals,
E. Assessment of the credibility of the complainant, accused individuals, and witnesses, and
F Identification of the desired remedial actions.
2.2 A written report of Investigator's findings shall be promptly prepared and submitted to
Client, counsel for Client, or as otherwise designated by Client in writing. Investigator may withhold any
such report to be provided pursuant to this section 2.2 if Client's account is delinquent and unpaid beyond
five (5) days.
2.3 Investigator shall conduct its investigative Services in compliance with all applicable
Federal, State and local laws, including, if applicable, the Fair Credit Report Act (15 USC Sec 1681 and
following)
Section 3. Compensation.
3 1 Investigator shall be compensated by Client for the Services in accordance with the rate
sheet detailing costs for the Services ("Rate Sheet"), which is attached hereto as Exhibit "A" and
incorporated herein by this reference.
3.2 In the event Investigator, or any employee of Investigator, is subpoenaed, or otherwise
directed to appear at a trial, hearing, arbitration, administrative hearing or other proceeding, or is otherwise
required to be available to Client, or any other third party or entity as a result of, or in connection with any
lawsuit, investigation, trial, deposition, discovery related matter, administrative proceeding of any agency,
or arbitration or similar matter or proceeding related to, or arising out of, Investigator's services, efforts
and/or investigations engaged in hereunder and within the scope of the Services rendered to Client, even if
Investigator or an employee of Investigator, is named personally as a defendant in any legal complaint,
Client will compensate Investigator at Investigator's normal hourly rates for such individuals as are
involved in accordance with the Rate Sheet. Insofar as possible, Client will be kept informed in advance as
to what such individuals are involved, in accordance with the Rate Sheet. Investigator will invoice Client
on the first day of each month for services rendered and charges incurred by Client during the immediately
preceding calendar month. Unless Investigator and Client otherwise agree in writing, each invoice will be
due upon receipt. Any amount invoiced that remains unpaid for longer than thirty (30) days after the invoice
date will incur a late payment fee equal to 1.5 % of the unpaid invoice, late payment fees then become part
of the unpaid balance.
3.3 Client will be billed for incidental expenses, such as photocopies, facsimiles, cassette
audiotapes, postage, overnight delivery, photocopies, facsimiles, cassette audio tapes, postage, overnight
delivery, and communication charges and such items shall be called out on bills in accordance with the
rates specified in the Rate Sheet.
3 4 Client agrees to pay Investigator for travel, with motor vehicle travel to be paid at the rate
set forth in the Rate Sheet and other forms of travel reimbursed, including transportation, lodging and meals,
if applicable, at the rates specified in the Rate Sheet.
Section 4. Indemnification.
4 1 Client shall defend, indemnify, and hold harmless Investigator, and its employees, from
and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to
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persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct
of, Client, or its elected and appointed officials, officers, employees and/or agents in performing its
obligations under this Agreement.
4.2 Investigator shall defend, indemnify, and hold harmless Client, and its elected and
appointed officials, officers, and employees from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any
negligent act or omission by, or the willful misconduct of, Investigator, or its officers, employees, and/or
agents in performing the Services.
Section 5. Insurance.
5 1 The following insurance coverage required by this Agreement shall be maintained by
Investigator for the duration of its performance of the Services. Investigator shall not perform any Services
unless and until the required insurance listed below is obtained by Investigator Investigator shall provide
Client with certificates of insurance and endorsements evidencing such insurance prior to commencement
of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the
policy except upon thirty (30) days prior written notice to Client; provided, however, ten (10) days prior
written notification shall be provided for any cancellation based upon non-payment of premium.
5.2 Investigator's insurance policies shall not be in compliance with this Agreement if they
include any limiting provision or endorsement that has not been submitted to Client for approval.
5.3 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to Client, or certification to Client that
Investigator is self -insured or exempt from the workers' compensation laws of the State of California.
Investigator shall execute and provide Client with Exhibit "B," titled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference, prior to performance of
the Services.
5 4 Comprehensive General Liability insurance with carriers acceptable to Client in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate, for public liability, property damage and personal injury is required. Client shall
be named as an additional insured and such insurance shall be primary and non-contributing to any
insurance or self-insurance maintained by Client.
5.5 Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability
This coverage shall include all Investigator owned vehicles used in connection with Investigator's provision
of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. Client shall be
named as an additional insured and such insurance shall be primary and non-contributing to any insurance
or self-insurance maintained by Client.
5.6 All policies, endorsements, certificates, and/or binders shall be subject to approval by the
Client as to form and content. Client reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
5 7 At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance
showing that such insurance coverage has been renewed or extended shall be filed with Client. If such
coverage is cancelled or reduced, Investigator shall, within ten (10) days after receipt of written notice of
such cancellation or reduction of coverage, file with the Client evidence of insurance showing that the
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required insurance has been reinstated or has been provided through another insurance company or
companies.
5 8 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 authorized to do business in the State of California, or otherwise allowed to place
insurance through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law Any other rating must be approved in writing by Client.
5.9 Investigator is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of Client. In the event of mutual agreement by the Parties to assign or
subcontract a portion of the Services, Investigator shall add such assignee or subcontractor as an additional
insured to the insurance policies required hereby and provide Client with the insurance endorsements prior
to any Services being performed by the assignee or subcontractor
Section 6. Confidentiality:
61 Except as otherwise required by law, Investigator shall not divulge, disclose, or
communicate to third parties, without the express written authorization of Client, information pertaining to
Investigator's Services for Client, or confidential information concerning Client's business, personnel,
functions, or operations, acquired by Investigator during the term of this Agreement. Unless otherwise
specified by the Client in writing, or in cases where Investigator has a legal obligation to notify law
enforcement, all materials related to Client's case shall be safely destroyed by Investigator after a period of
five (5) years following the Services performed for Client. Cases, which must be reported under the law,
include child abuse, elder abuse, issues of national security such as terrorist threats, homicide, or conspiracy
to commit homicide, etc. Investigator's confidentiality obligations under this Agreement, as stated above,
shall survive completion of the services and termination of this Agreement.
Section 8. Validity and Termination.
8 1 This Agreement applies to the entire business relationship between Client and Investigator,
without limitation from beginning to the termination of the Services.
8.2 This Agreement may be terminated by Client, in its sole discretion, by providing not less
than five (5) days prior written notice to Investigator of Client's intent to terminate. If this Agreement is
terminated by Client, an adjustment to Investigator's compensation shall be made, but (1) no amount shall
be allowed for anticipated profit or unperformed Services, and (2) any payment due Investigator at the time
of termination may be adjusted to the extent of any additional costs to Client occasioned by any default by
Investigator Upon receipt of a termination notice, Investigator shall immediately discontinue its provision
of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to Client, copies (in both hard copy and electronic form, where applicable) of project related data,
design calculations, drawings, specifications, reports, estimates, summaries and such other information and
materials as may have been accumulated by Investigator in performing the Services. Investigator shall be
compensated on a pro-rata basis for Services completed up to the date of termination.
Section 9. Notices.
9 1 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in
person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the
actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic
mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class,
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certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate
address set forth below, or such other address as a Party may provide notice in accordance with this section.
CLIENT
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
Section 10.
INVESTIGATOR.
Garon Wyatt
Garon Wyatt Investigative Services
P O Box 7521
Riverside, CA 92513
gaty@wyattinvestigations.com
(951) 295-7510
Severability/ Entire Agreement/Amendment
10 1 The provisions of this Agreement are severable. If any portion of this Agreement is held
invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and
effect unless amended or modified by mutual written consent of the Parties.
10.2 This Agreement constitutes the entire agreement of the Parties with respect to its subject
matter
10.3 All modifications, amendments, or waivers of the terms or provisions of this Agreement
must be in writing and signed by the appropriate representatives of the Parties.
Section 11. Attorneys' Fees.
11 1 In the event any action is commenced to enforce or interpret the terms or conditions of this
Agreement the prevailing Party shall, in addition to any costs or other relief, be entitled to recover its
reasonable attorneys' fees, including fees for use of in-house counsel by a Party
Section 12. Assignment:
12.1 This Agreement shall not be assigned by Investigator without the prior written consent of
Client. Any assignment, or attempted assignment, without such prior consent, shall be null and void and, at
the option of Client, result in the immediate termination of this Agreement.
Section 13. Governing Law:
13 1 The validity and interpretation of any of the terms or provisions of this Agreement, or of
the rights or duties of any of the Parties, shall be governed by and construed in accordance with the laws of
the State of California.
Section 14. Venue.
14 1 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or
proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts
located in San Bernardino County, California, and the federal courts located in Riverside County,
California.
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IN WITNESS WHEREOF, the undersigned fully understand the terms and conditions of this
AGREEMENT and, by signing below, agree to be bound by such terms and conditions
CLIENT
By
Paul T Barich, Mayor
ATTEST
By
e Donaldson, City Clerk
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INVESTIGATOR
By
A ' lY
GARON WYATT
CA PI License #188115
("ip
EXHIBIT "A"
RATE SHEET
Professional fees and expenses are billable for travel "portal-to-portal" from Investigator's Riverside,
California address.
Rates
• Investigative services $150/hour
• Meetings, review of organizational policies and procedures, examination and/or analysis of
evidence, interviews, travel (portal to portal) and report preparation.
• Confidential transcription services.
• In the event Investigator is required (by any party of the investigation) to provide testimony at a
post -investigation hearing, deposition, or trial, the fee is $250 per hour (four hours minimum) plus
expenses. The subject's counsel may place the If Investigator is placed "on -call" for any trial,
deposition or hearing associated with this investigation, Investigator shall be compensated for four
(4) hours per day, at $150 00 per hour, for each of the days Investigator is directed to be "on -call."
Client shall be invoiced on thirty 30 day basis for all services provided by Investigator
Incidental Expenses. Incidental expenses, as described in Section 4.3 of this Agreement will be
added for such incidentals as photocopies, facsimiles, cassette audio tapes, postage, overnight delivery,
taxes and communication charges.
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