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HomeMy WebLinkAboutItem 13l - Background Investigation Services DATE: June 15, 2021 TO: Honorable Mayor and City Council FROM: Roy Nakamura, Chief of Police By: Dr. Jennifer Brutus, Sr. Management Analyst SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROBERT J. GUERRERO FOR BACKGROUND INVESTIGATION SERVICES IN THE AMOUNT OF $25,000 Recommendation: Approve SUMMARY The City has a Professional Services Agreement (“Agreement”) with Robert J. Guerrero (“Guerrero”) for background investigation services, and the current Agreement expires on June 30, 2021. It is recommended that the City Council approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with Guerrero for Fiscal Year 2021-22 in the amount of $25,000. BACKGROUND Since 2010, the Arcadia Police Department (the “Department”) has been using Robert J. Guerrero’s investigative services for new hire background investigations. In 2017, the Department established a new Professional Services Agreement for three years, with the option to renew for three additional one-year periods. Fiscal Year 2021-22 will constitute the second extension. This contract started with a budget of $15,000 (based on 15 background investigations at approximately $1,000 each); however, the Department’s background investigation needs have increased over time. Although background investigations are only conducted on promising candidates who have communicated intent toward a new opportunity with the City, at times the candidate does not work out for a variety of personal reasons, or due to information discovered during the investigative process. This causes the Department to seek out other candidates and incur additional background costs. Professional Services Agreement Amendment for Background Investigation Services June 15, 2021 Page 2 of 3 In addition, the Department will seek to fill current vacancies, which have resulted from employee turnover (such as staff members moving on to other job opportunities) and normal staff attrition (retirements). DISCUSSION The Agreement with Guerrero currently involves an open purchase order not to exceed $25,000. For Fiscal Year 2021-22, the Department projects a need for 25 background investigations to assist with filling current vacancies (sworn and civilian). There are an unusually high number of vacancies at this time due to intentionally holding non-critical positions open in the past year due to uncertainty surrounding the COVID-19 pandemic. Currently, the Department has five Police Officer vacancies in Patrol, two Police Officer vacancies in Traffic, one Taskforce for Regional Auto-theft Prevention (TRAP) Officer vacancy, one Community Services Officer vacancy (Community Affairs), and one vacancy in the Records Division. Background investigations are also performed on part-time staff such as Cadets, which is a group that is currently down four positions. Thus, to extend services for Fiscal Year 2021-22, the total cost of the contract shall not exceed $25,000 (based on 25 background investigations at approximately $1,000 each). The cost per investigation has remained constant over the past three years, and Guerrero indicated that his base price will remain the same for Fiscal Year 2021-22. The only difference is that Guerrero will charge a surcharge of $60 per hour for investigations that take place out of the area such as San Diego County, Ventura County, parts of San Bernardino County (North of Victorville), as well as the Coachella Valley and beyond. Guerrero will continue to provide reliable background investigations services, including but not limited to in-depth interviews with candidates, reference checks, home visits and neighborhood checks, verifying qualifications, law enforcement records checks, and continuous communication with the Department throughout the investigative process. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The amendment to the Agreement will cost the City $25,000 for Fiscal Year 2021-22. This amount has been budgeted in the City’s Fiscal Year 2021-22 Operating Budget. Professional Services Agreement Amendment for Background Investigation Services June 15, 2021 Page 3 of 3 RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with Robert J. Guerrero for background investigation services in the amount of $25,000. Attachment: Proposed Amendment No. 2 to Professional Services Agreement 1 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR BACKGROUND INVESTIGATION SERVICES WITH ROBERT J. GUERRERO This Amendment No. 2 (“Amendment No. 2”) is hereby entered into on this ____ day of ______ 2021, by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Robert J. Guerrero, a Sole Proprietorship, with respect to that certain Professional Services Agreement between the Parties dated August 23, 2017 (the “Agreement”), as amended by Amendment No. 1, dated June 24, 2020. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is amended by extending the term from July 1, 2021 through June 30, 2022 (the “Extended Term”). 2. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit “C”. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA ROBERT J. GUERRERO ____________________________ ________________________________ Dominic Lazzaretto Robert J. Guerrero City Manager Owner Date: _______________________ Date: ___________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: CONCUR ____________________________ ________________________________ Stephen P. Deitsch Roy Nakamura City Attorney Chief of Police 2 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2021, through June 30, 2022, shall not exceed twenty-five thousand dollars and zero cents ($25,000.00). The cost will remain $950.00 per investigation and Guerrero will charge for any additional costs incurred, as explained in the attached memo dated February 5, 2021.