Arroyo Grande City Council Agenda

8/11/2019 Arroyo Grande City Council Agenda

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City oUIIcil

Tony FerraraJim GuthrieJoe CostelloTim rown

Kristen Barneich

MayorMayor Pro TernCouncil MemberCouncil Member

Council Member

C I T Y O F

gendaSteven Adams City ManagerTimothy J. Carmel City AttorneyKelly Wetmore City Clerk

NOTICE OF SPECIAL MEETINGARROYO GRANDE CITY COUNCIL

1. CALL TO ORDER

2. ROLL CALL

3. PUBLIC COMMENT

WEDNESDAY OCTOBER 8 20149: AM

Arroyo Grande City Council Chambers215 East Branch Street Arroyo Grande

Members of the public wishing to address the City Council on any item described n thisNotice may do so when recognized by the Presiding Officer.

4. CONSIDERATION OF APPROVAL OF CONTRACT FOR SERVICES WITH SINTRAGROUP INVESTIGATIONS GUTHRIE/BROWN)

Recommended Action: Approve the Contract for Services with Sintra GroupInvestigations.

5. ADJOURNMENT

This agenda was prepared and posted pursuant to Government Code Section 54956. f requested the agenda shall bemade available in appropriate alternative formats to persons with a disability as required by the Americans with DisabilitiesAct. o make a request for disability-related modification or accommodation contact the Legislative and InformationServices Department at 805-473-5404.


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TO:

FROM:

M E M O ~ N D U M

'CITY COU.NCIL

MAYOR PRO TEM JIM GUTHRIE AND COUNCILBROWN

~ 4MEMBER TIM)

SUBJECT: CONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICESWI.THSINTRA GROUP INVESTIGATIONS

DATE: OCTOBER 8, 2014

RECOMMENDATION:It is recommended the City Council approve a Contract for Services with Sintra GroupInvestigations ( 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

req uired in order to conduct and .document the investigation. Sintra also charges forexpenses that they incur including travel expenses; computer-assisted investigativeresearch costs; court document searches; and other miscellaneous out-of-pocketexpenses. In addition, Sintra is charging $100 per day for meals.

BACKGROUND:Mayor Pro Tern Guthrie and Council Member Brown were designated to find aninvestigator to perform an administrative investigation of the events that occurred on thenight of July 3, 2014 as well as subsequent events and actions related thereto. Afterinterviewing numerous candidates, Mayor Pro Tern Guthrie and Council Member Brownrecommend the selection of Chuck Hookstra from Sintra Group Investigations.

ANALYSIS OF .ISSUES:Sintra has provided investigative services to government agencies since 1997. Sintra'sinvestigators 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 CountySheriff's Department, performed a background check of Mr. Hookstra and concludedthat he was qualified to perform the investigative services for the City.

I

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CITY COUNCILCONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICES WITH SINTRAGROUP INVESTIGATIONSOCTOBER 8 2014PAGE

ADVANTAGES:Sintra is a highly regarded provider of investigative services and is ready and able toperform the investigation for the City. Additionally, their hourly rates are reasonablewithin the industry.

DISADVANTAGES:There are no disadvantages in retaining Sintra to perform the investigative servicesother 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 InvestigationsDon t approve the Contract for Services with Sintra Group InvestigationsModify and approve the Contract for Services with Sintra Group investigationsProvide 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 wasposted on the City s website on October 7 2014.

Attachments:

1. Contract for Services with Sintra Group Investigations2. Background Information for Sintra Group Investigations and Chuck Hoekstra

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nvestigations

CONTRACT FOR SERVICES

This contract is between Sintra Group Investigations and The City o Arroyo Grande,Client . Sintra Group Investigations encourages open discussion concerning our fees

for services, costs and billing procedures. The purpose o this contract is to clarify theservices to be provided, our fees, costs and billing procedures; and to establish theobligations o both parties.

SERVICES TO E PROVIDEDClient and Sintra Group Investigations agree that the following services shall beprovided: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 andthe procedures and policies used to make the decision. Review the information theCouncil used for the decision not to do an additional investigation, investigate theconcerns identified by the POA in their letter o September 17, 2014 and the informationrelied upon to reopen the investigation. Prepare a public report.

INVESTIGATIVE SERVICESEvery investigation is unique. Neither Sintra Group Investigations nor any o its staffpredicts or guarantees any particular result. Every effort will be made to determine thetruth of the matter, determine the presence and location o physical evidence, andprovide Client with the best information possible. No Sintra Group Investigations staffmember will engage in illegal or unethical conduct while conducting the investigation.

FEESInvestigative services will be billed on this matter at a rate o 120.00 dollars per hour.Unless other written arrangements have been made with Client, Sintra GroupInvestigations charges for the time the members o the firm spend on Client's case ormatter. Our statements will show the amount o time worked and charges on the dateo any performed service.

COSTSIn 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 groundtransportation); computer-assisted investigative research costs incurred; courtdocument searches; and other miscellaneous out-of-pocket expenses. Per diem costsfor meals while travelling will be billed at 100.00 per day.

1Client initials

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ATTACHMENT 1


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BILLINGBilling statements will be sent monthly unless other arrangements have been made inwriting. The monthly statements will indicate fees and costs incurred and any currentbalance 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 thereaf ter bear alate charge o one percent (1 ) per month on the unpaid balance.

The balance upon which a late charge may be imposed will be adjusted previousbalance, which will be determined by adding all the charges for services rendered, allcosts advanced, and all late charges that remain unpaid thirty (30) days from the date othe statements in which those charges appear. The amount o the late charge shall becomputed 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) dayso

the dateo

the statement inwhich those charges appear.

Sintra Group Investigations reserves the right to postpone or defer providing additionalservices or to discontinue services if payment for services and expenses is not madewhen due.

Sintra Group Investigations reserves the right to withdraw from the case/matter if Clientfails to honor the terms o the Contract. Sintra Group Investigations shall .be entitled tobe paid for all services rendered and expenses paid on the behalf o Client up to thedate o withdrawal.

CLIENT RESPONSIBILITIESIn addition to the responsibilities described above Client agrees to:

1. Always disclose the complete and accurate facts o 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 o the case/matter;6. During the course o our relationship, make known to Sintra Group Investigations

any additional information or data which affects Client's matter as soon as itdevelops;

7. Make payment promptly, but in no event more than thirty (30) days afterreceiving an invoice from Sintra Group Investigations.

2Client initials

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DISCH RGE ND WITHDR W L FROM CONTR CT

Client may discharge Sintra Group Investigations at any time by written notice effectivewhen received by us. Unless specifically agreed by both parties, Sintra GroupInvestigations shall provide no further services and advance no further costs on Client's

behalf after receipt o the notice. Notwithstanding the discharge, Client shall remainobligated to pay Sintra Group Investigations at the agreed rates for all services and toreimburse Sintra Group Investigations for all costs advanced.

n the event that Sintra Group Investigations withdraws, Client shall be obligated to paySintra Group Investigations at the agreed rate for all services provided, and toreimburse Sintra Group Investigations for all costs advanced, before the withdrawal.

SURVEILL NCE

Client understands there are risks inherent in surveillance work, including the possibility

that the subject may be lost from the sight o the investigator or that the surveillance isnot successful. Client agrees that the hourly rate due will be paid even if thesurveillance is unsuccessful, or evidence is not obtained for any reason.

CLIENT FILES

Upon conclusion o this case/matter, Sintra Group Investigations shall present to Clientthe entire Case File and all original evidence. Client authorizes Sintra GroupInvestigations to destroy any notes and information retained by Sintra GroupInvestigations after one year from conclusion o case/matter without further notice toClient.

COURT PPE R NCES

Client agrees to compensate Sintra Group Investigations, at the agreed upon rates, forany hearing or court appearances or depositions prior to, or subsequent to, thecompletion o the investigation, whether under order o subpoena or not and regardlesso the party requesting the appearance. If any testimony or deposition regarding thismatter, or any matter related to this investigation, the fee will be 120.00 per hour, perinvestigator, plus expenses, with a four-hour minimum per investigator, per day. Alltestimony and deposition fees will be reflected on the next billing statement.

Sintra Group Investigations is not responsible for court delays or cancellations; theabove described hourly rate will be charged for the appearance o the Sintra GroupInvestigations member at the hearing or deposition site, whether or not any actualtestimony or deposition is given.

LEG L FIRMS

If the Client is an attorney or law firm and has contracted for the services o SintraGroup Investigations to assist in this investigation in any way, in any matter, on behalf of

Client initials

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the attorney or law firm s clients, or n any case being handled by the attorney or lawfirm, the attorney or law firm expressly acknowledges and agrees that the obligation othe attorney or law firm to pay Sintra Group Investigations for services rendered s anobligation solely o the attorney or law firm. This obligation is n no way contingent onany particular result or outcome o the investigation; whether or not the attorney or law

firm s actually, partially or fully paid by its client; or whether or not the attorney, law firmor client s satisfied with the outcome o the investigation and/or litigation.

MISCELL NEOUS

If either party s required to employ legal counsel or commence an action to enforce orinterpret any o the terms or provisions o this Contract, the prevailing party shall beentitled to recover its attorneys fees and costs, including costs o arbitration, n additionto any such other remedy it may obtain.

This Contract shall be interpreted according to the laws o the State o California and, n

the event an action s instituted to enforce this Contract, the venue for such action shallbe n the Superior Court for the County o San Luis Obispo, State o California.

This Contract contains the entire agreement o the parties. No other contract,agreement, statement or promise made on or before the effective date o this Contractshall be binding on the parties.

Chuck Hoekstra

Sintra Group Investigations6085 King Drive Suite 103Ventura CA

Dated:

Tony Ferrara, Mayor

City o Arroyo Grande

Dated:

Client initials

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Sintra Group: What We Do

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What We Do

Since 1 )97, Sintra Group has provided efficient professional servicesto a variety of entities including:

Governmen t agencies

Police departmentsFire departmentsSchool distr icts

Major corporationsPrivate employe1s

Health ca re agenciesLaw firms

Page 1 of 1

We also network with other trained professionals in a variety of disciplines to assist us an d to act as a source of1eferences for our potential clients.

Our go11I is to provide the highest level of service and we welcome the opportunityto schedule a meeting to discuss your issues and determine irwe can be of assistance.

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For more information about our services follow these links:

Background 1nvestigations

Civil Investigations

or to download a copy of our brochur e please click here.Ali11he Aer11b11t Reader is required to view f 1e p f ile of our broclmre)

t Who We Ar e Contact Us

http://www.sintragroup.com/what.html 9/30/2014

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ATTACHMENT 2


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Sintra Group: Civil Investigations

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J r ~ ~ g r o u pL:22i7

lfPr-ofarioW ~ a t i o f UCivil investigations

Even with the best pre-e mployment screenir1g, such issues as huras sment , hostile w11rk emir11nments or employee thefts may still arist>.It's a vicious circle; must companies are focused on carrying out their individual mission and simply don't huve employees with thetmining, skill and time to determine the validity 1rnd extent of such complaints. Yet the organization needs factual information to makeinformed d e c i s i o n . ~prior to taking disciplinary action or racing litigation.

These types or investigations can cause major internal stress and strife. a supervisor or manager is assigned to handle theinvestigation, long-term relationships between employees and m11nagement can be permanently compromised, regardless of the ultimatedecision that is reached. Much of this stress can be reduced by having impartial outside investigators handle the investigation, leavingmanagement to review the investigation and make findings based on the facts presented. The friction between line employees andmanagement is reduced because the outside investigators will be gone following the conclusion of the investigation.

Sintra Grou p specializes in bring ing issues to light by providing expcrie11ced, professional investigators to interview the parties involved,seek necessary physical evidence and conduct extensive database searches to reveal the facts. Our investigators are former lawenforcement officers. each with more th:tn twenty-five years of law enforcement service in investigations, supervision and m:inagcment.Together, we bring this well Ith of experience to focus on a wide variety of employment issues, including inte rnal investigations ol allegedmisconduct, hostile work environment and harassment complaints.

Return To What We Do

Return To Backe:ound Investigations

Click hereto download a copy of our brochure

. A d o b ~ A c r o b u tHander ls requlrt d t"ieov/h d (ilei

Who e re

http://www.sintragroup.com/civilinv.html

C o n t a c t Us

9/30/2014

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CommunityInvolvement

HonorsAwards

Commander Oxnard Police epartmentManaged Personnel, Training, and Internal Affaits Division

Special Project s (Internal Affairs) Patrol Watch Commander.

Sergeant, Oxnard Police epartment

Supervised, Oxnard Police Street Crimes Unit (Gangs and Narcotics) Supervised, Oxna rd Police Patrol ShiftSenior Police Officer, Oxnard Police epartment Supervised Oxnar d Police Traffic Division Police Officer/Detective Major Case Detective, sexual assault and crimes against children Detective, surveillance Field Training officer Special Weapons Team

Patrol OfficerLicensed Private InvestigatorBackground Investigator

Peace Officers Standards and Training Basic, Intennediate

Advanced, Supervisor, and Management Certificates.

Board President Board of Directors, Clinicas del Camino Real, Ventura Ca

Board Treasurer Board of Directors, Oxnard Police Activities league

Committee Member Martin Luther King Committee of Ventura County

Police Officer of the Year, Oxnard Police Department

Service Above Self, Oxnard Police Department

1995 2002

1990 1995

1971 2000

Arroyo Grande City Council Agenda

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