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2014-10-08 CC Special Meeting Agenda CITY OF City g Council ' A e n d a Tony Ferrara Mayor Steven Adams City Manager Jim Guthrie Mayor Pro Tern Timothy J. Carmel City Attorney Joe Costello Council Member < t r•:' Kelly Wetmore City Clerk CALIFORNIA Tim Brown Council Member Kristen Barneich Council Member NOTICE OF SPECIAL MEETING ARROYO GRANDE CITY COUNCIL WEDNESDAY, OCTOBER 8, 2014 9:00 AM Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT Members of the public wishing to address the City Council on any item described in this Notice may do so when recognized by the Presiding Officer. 4. CONSIDERATION OF APPROVAL OF CONTRACT FOR SERVICES WITH SINTRA GROUP INVESTIGATIONS (GUTHRIE/BROWN) Recommended Action: Approve the Contract for Services with Sintra Group Investigations. 5. ADJOURNMENT This agenda was prepared and posted pursuant to Government Code Section 54956. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5404. THIS PAGE INTENTIONALLY LEFT BLANK 0!< pRR0y0c INCORPORATED 9x MEMORANDUM v m } JULY 10, 1811 * ' TO: CITY COUNCIL FROM: MAYOR PRO TEM JIM GUTHRIE AND COUNCIL MEMBER TIM BROWN SUBJECT: CONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICES WITH SINTRA GROUP INVESTIGATIONS DATE: OCTOBER 8, 2014 RECOMMENDATION: It is recommended the City Council approve a Contract for Services with Sintra Group Investigations ("Sintra") to perform an administrative investigation. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Sintra charges $120 per hour. It is unknown at this time how many hours of work will be required in order to conduct and .document the investigation. Sintra also charges for expenses that they incur including travel expenses; computer-assisted investigative research costs; court document searches; and other miscellaneous out-of-pocket expenses. In addition, Sintra is charging $100 per day for meals. BACKGROUND: Mayor Pro Tern Guthrie and Council Member Brown were designated to find an investigator to perform an administrative investigation of the events that occurred on the night of July 3, 2014 as well as subsequent events and actions related thereto. After interviewing numerous candidates, Mayor Pro Tern Guthrie and Council Member Brown recommend the selection of Chuck Hookstra from Sintra Group Investigations. ANALYSIS OF ISSUES: Sintra has provided investigative .services to government agencies since 1997. Sintra's investigators are former law enforcement officers, each with more than twenty-five years of law enforcement service in investigations., supervision and management. Commander Jim Voge, of the Internal Affairs Unit of the.San Luis Obispo County Sheriffs Department, performed a 'background check of Mr. Hookstra and concluded that he was qualified to perform the investigative services for the City. Item 4. I* CITY COUNCIL CONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICES WITH SINTRA GROUP INVESTIGATIONS OCTOBER 8, 2014 PAGE 2 ADVANTAGES: Sintra is a highly regarded provider of investigative services and is ready and able to perform the investigation for the City. Additionally, their hourly rates are reasonable within the industry. DISADVANTAGES: There are no disadvantages in retaining Sintra to perform the investigative services other than the cost associated with the work performed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the Contract for Services with Sintra Group Investigations - Don't approve the Contract for Services with Sintra Group Investigations - Modify and approve the Contract for Services with Sintra Group investigations - Provide direction to staff ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted on the City's website on October 6, 2014 and this report was posted on the City's website on October 7, 2014. Attachments: 1. Contract for Services with Sintra Group Investigations 2. Background Information for Sintra Group Investigations and Chuck Hookstra Item 4. ATTACHMENT 1 Investigations CONTRACT FOR SERVICES This contract is between Sintra Group Investigations and The City of Arroyo Grande, "Client". Sintra Group Investigations encourages open discussion concerning our fees for services, costs and billing procedures. The purpose of this contract is to clarify the services to be provided, our fees, costs and billing procedures; and to establish the obligations of both parties. SERVICES TO BE PROVIDED Client and Sintra Group Investigations agree that the following services shall be provided: Reinvestigate the July 3, 2014 incident, review the internal investigation by McMahon, review the information the Council used to make the initial decision on July 8, 2014 and the procedures and policies used to make the decision. Review the information the Council used for the decision not to do an additional investigation, investigate the concerns identified by the POA in their letter of September 17, 2014 and the information relied upon to reopen the investigation. Prepare a public report. INVESTIGATIVE SERVICES Every investigation is unique. Neither Sintra Group Investigations nor any of its staff predicts or guarantees any particular result. Every effort will be made to determine the truth of the matter, determine the presence and location of physical evidence, and provide Client with the best information possible. No Sintra Group Investigations staff member will engage in illegal or unethical conduct while conducting the investigation. FEES Investigative services will be billed on this matter at a rate of 120.00 dollars per hour. Unless other written arrangements have been made with Client, Sintra Group Investigations charges for the time the members of the firm spend on Client's case or matter. Our statements will show the amount of time worked and charges on the date of any performed service. COSTS In addition to hourly fees for professional services, we bill for expenses that we incur, such as: travel expenses (including air fare at coach rates, lodging, and ground transportation); computer-assisted investigative research costs incurred; court document searches; and other miscellaneous out-of-pocket expenses. Per diem costs for meals while travelling will be billed at $100.00 per day. 1 Client initials Item 4. BILLING Billing statements will be sent monthly unless other arrangements have been made in writing. The monthly statements will indicate fees and costs incurred and any current balance owed. If no fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Statements for services rendered and costs advanced are due upon receipt. Statements not paid within thirty (30) days are delinquent and thereafter bear a late charge of one percent (1%) per month on the unpaid balance. The balance upon which a late charge may be imposed will be "adjusted previous balance," which will be determined by adding all the charges for services rendered, all costs advanced, and all late charges that remain unpaid thirty (30) days from the date of the statements in which those charges appear. The amount of the late charge shall be computed monthly by multiplying the adjusted previous balance by one percent (1%). No late charge will be assessed upon any charges for services rendered and costs advanced if those charges are paid within thirty (30) days of the date of the statement in which those charges appear. Sintra Group Investigations reserves the right to postpone or defer providing additional services or to discontinue services if payment for services and expenses is not made when due. Sintra Group Investigations reserves the right to withdraw from the case/matter if Client fails to honor the terms of the Contract. Sintra Group Investigations shall.be entitled to be paid for all services rendered and expenses paid on the behalf of Client up to the date of withdrawal. CLIENT RESPONSIBILITIES In addition to the responsibilities described above Client agrees to: 1. Always disclose the complete and accurate facts of the matter; 2. Provide the most complete information possible; 3. Make this information available to Sintra Group Investigations on a timely basis; 4. Make no statement which is false or misleading; 5. Be available when necessary for consultation and preparation of the case/matter; 6. During the course of our relationship, make known to Sintra Group Investigations any additional information or data which affects Client's matter as soon as it develops; 7. Make payment promptly, but in no event more than thirty (30) days after receiving an invoice from Sintra Group Investigations. 2 Client initials Item 4. DISCHARGE AND WITHDRAWAL FROM CONTRACT Client may discharge Sintra Group Investigations at any time by written notice effective when received by us. Unless specifically agreed by both parties, Sintra Group Investigations shall provide no further services and advance no further costs on Client's behalf after receipt of the notice. Notwithstanding the discharge, Client shall remain obligated to pay Sintra Group Investigations at the agreed rates for all services and to reimburse Sintra Group Investigations for all costs advanced. In the event that Sintra Group Investigations withdraws, Client shall be obligated to pay Sintra Group Investigations at the agreed rate for all services provided, and to reimburse Sintra Group Investigations for all costs advanced, before the withdrawal. SURVEILLANCE Client understands there are risks inherent in surveillance work, including the possibility that the subject may be lost from the sight of the investigator or that the surveillance is not successful. Client agrees that the hourly rate due will be paid even if the surveillance is unsuccessful, or evidence is not obtained for any reason. CLIENT FILES Upon conclusion of this case/matter, Sintra Group Investigations shall present to Client the entire Case File and all original evidence. Client authorizes Sintra Group Investigations to destroy any notes and information retained by Sintra Group Investigations after one year from conclusion of case/matter without further notice to Client. COURT APPEARANCES Client agrees to compensate Sintra Group Investigations, at the agreed upon rates, for any hearing or court appearances or depositions prior to, or subsequent to, the completion of the investigation, whether under order of subpoena or not and regardless of the party requesting the appearance. If any testimony or deposition regarding this matter, or any matter related to this investigation, the fee will be $120.00 per hour, per investigator, plus expenses, with a four-hour minimum per investigator, per day. All testimony and deposition fees will be reflected on the next billing statement. Sintra Group Investigations is not responsible for court delays or cancellations; the above described hourly rate will be charged for the appearance of the Sintra Group Investigations member at the hearing or deposition site, whether or not any actual testimony or deposition is given. LEGAL FIRMS If the Client is an attorney or law firm and has contracted for the services of Sintra Group Investigations to assist in this investigation in any way, in any matter, on behalf of 3 Client initials Item 4. the attorney or law firm's clients, or in any case being handled by the attorney or law firm, the attorney or law firm expressly acknowledges and agrees that the obligation of the attorney or law firm to pay Sintra Group Investigations for services rendered is an obligation solely of the attorney or law firm. This obligation is in no way contingent on any particular result or outcome of the investigation; whether or not the attorney or law firm is actually, partially or fully paid by its client; or whether or not the attorney, law firm or client is satisfied with the outcome of the investigation and/or litigation. MISCELLANEOUS If either party is required to employ legal counsel or commence an action to enforce or interpret any of the terms or provisions of this Contract, the prevailing party shall be entitled to recover its attorneys' fees and costs, including costs of arbitration, in addition to any such other remedy it may obtain. This Contract shall be interpreted according to the laws of the State of California and, in the event an action is instituted to enforce this Contract, the venue for such action shall be in the Superior Court for the County of San Luis Obispo, State of California. This Contract contains the entire agreement of the parties. No other contract, agreement, statement or promise made on or before the effective date of this Contract shall be binding on the parties. Chuck Hookstra Tony Ferrara, Mayor Sintra Group Investigations City of Arroyo Grande 6085 King Drive Suite 103 Ventura CA Dated: Dated: 4 Client initials Item 4. Sintra Group: What We Do Page I of I ATTACHMENT 2 ;�V igr of Pro 1'KVWr15 aams- U What We Do Since 1997,Sintra Group has provided efficient,professional services to a variety of entities including: Government agencies Police departments Fire departments School districts Major corporations Private employers Health care agencies Law firms We also network with other trained professionals in a variety of disciplines to assist us,and to act as a source of references for our potential clients. Our goal is to provide the highest level of service,and we welcome the opportunity to schedule a meeting to discuss your issues and determine if we can be of assistance. For more information about our services,follow these links: Background Investigations Civil Investigations or to download a copy of our brochure,please click here. (jdube,ferabey Reader is required to vinv thopeffile of our brochure) 91 Home Who We Are Contact Us 1 F http://www.sintragroup,com/what.html 9/30/2014 Item 4. Sintra Group: Civil Investigations T-7 P�ofesscor-ca,G I�2vi�sti�att;o�ts Civil Investigations Even with the best pre-employment screening,such issues as harassment,hostile work environments or employee thefts may still arise. It's a vicious circle; most companies are focused on carrying out their individual mission and simply don't have employees with the training,skill and time to determine the validity and extent of such complaints.Yet the organization needs factual information to make informed decisions prior to taking disciplinary action or facing litigation. These types of investigations can cause major internal stress and strife. if a supervisor or manager is assigned to handle the investigation,long-term relationships between employees and management can be permanently compromised,regardless of the ultimate decision that is reached.iMuch of this stress can be reduced by having impartial outside investigators handle the investigation,leaving management to review the investigation and make findings based on the facts presented. The rrictiuiv beihveen line employees and management is reduced because the outside investigators will be gone following the conclusion of the investigation. Sintra Group specializes in bringing issues to light by providing experienced,professional investigators to interview the parties involved, seek necessary physical evidence and conduct extensive database searches to reveal the facts. Our investigators are former law enforcement officers.each with more than twenty-five years of law enforcement service in investigations,supervision and management. Together,we bring this wealth of experience to rocus on a wide variety ofemployment issues,including internal investigations of alleged misconduct,hostile work environment and harassment complaints. Return To"What We Do" Return To Backaound Investigations Click here to download a copy of our brochure (jdnb..J­byt Rend-is required 1. ome Who We Are Contact Its http://www.sintragroup.com/eivilinv.litml 9/30/2014 Item 4. Charles Hookstra 506 Glenwood Drive,Oxnard Ca 93030 805-207-4741 chookstra@sintraggoMp.com CA P.I.License 25815 Objective HR Investigations Consultant Profile 30 years of Law Enforcement experience. Ability to conduct complex and sensitive investigations. • Excellent interview and people skills. • Organized,highly motivated,and detail-directed problem solver. • Proven ability to work with a wide variety of people and disciplines. • Seven years as a Licensed Private Investigator Education B.S.,Psychology and Criminology,University of La Verne Graduate level business and law courses.(business administration,torts,contracts,and criminal law) Relevant Experience&Accomplishments Investigative Experience,Civil Seven years as a Licensed Private Investigator Contracted by five California Cities to conduct complex personnel investigations including three involving elected officials. (total 24 in the last three years) • Contracted by two large California educational institution to conduct complex personnel investigations. Contracted by two California employment law firms to conduct employment related investigations. • Contracted by four California Cities to conduct executive level pre employment background investigations. (police chief,fire chief,city manager,public works manager) Extensive experience conducting police and fire pre employment investigations. Investigative Experience,Law Enforcement • Five years managing a large Investigative Bureau. Seven years managing Internal Investigations including hands on investigation of complex and sensitive investigations. • Three years supervising high profile major case gang investigations and street level narcotics investigations. • Three years supervising highly technical traffic investigations. Two years conducting major case(sexual assault and crimes against children)investigations Management/Supervision • Assistant Chief of Police,management of the Oxnard Police Investigative Bureau. Commander of the Oxnard Police,Personnel,Training,and Internal Affairs Division. • Oxnard Police Patrol Watch Commander: Sergeant,Oxnard Police Street Crimes Unit. • Supervisor,Oxnard Police Traffic Division. Employment Assistant Chief of Police,Oxnard Police Department 2002-2007 • Managed Investigative Services Bureau Item 4. i i Commander,Oxnard Police Department 1995-2002 Managed Personnel,Training,and Internal Affairs Division • Special Projects(Internal Affairs) Patrol Watch Commander. Sergeant, Oxnard Police Department 1990-1995 Supervised,Oxnard Police Street Crimes Unit (Gangs and Narcotics) • Supervised,Oxnard Police Patrol Shift Senior Police Officer,Oxnard Police Department 1977-2000 • Supervised Oxnard Police Traffic Division . Police Officer/Detective Major Case Detective,sexual assault and crimes against children • Detective,surveillance • Field Training officer Special Weapons Team e Patrol Officer Licensed Private Investigator Background Investigator Peace Officers Standards and Training,Basic,Intermediate, Advanced,Supervisor,and Management Certificates. Community Board President,Board of Directors,Clinicas del Camino Real,Ventura Ca .Involvement Board Treasurer,Board of Directors,Oxnard Police Activities league Committee Member,Martin Luther King Committee of Ventura County Honors& Police Officer of the'Year,Oxnard Police Department Awards Service Above Self,Oxnard Police Department Item 4.