City CoUIIcil

Tony Ferrara
Jim Guthrie
Joe Costello
Tim Brown
Kristen Barneich
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
CITY OF
Agenda
Steven Adams City Manager
Timothy J. Carmel City Attorney
Kelly Wetmore City Clerk
NOTICE OF SPECIAL MEETING
ARROYO GRANDE CITY COUNCIL
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT
WEDNESDAY, OCTOBER 8, 2014
9:00AM
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
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
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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.
TO:
FROM:

'
CITY COU.NCIL
MAYOR PRO TEM JIM GUTHRIE AND COUNCIL
BROWN

MEMBER TIM)(
SUBJECT: CONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICES
WI.TH 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
req'uired 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
Sheriff's Department, performed a background check of Mr. Hookstra and concluded
that he was qualified to perform the investigative services for the City.
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Item 4.
CITY COUNCIL
CONSIDERATION OF APPROVAL OF A CONTRACT FOR SERVICES WITH SINTRA
GROUP INVESTIGATIONS
OCTOBER 8, 2014
PAGE2
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 Hoekstra
Item 4.
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.
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Client initials
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Item 4.
ATTACHMENT 1
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.
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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
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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 Hoekstra
Sintra Group Investigations
6085 King Drive Suite 103
Ventura CA
Dated:
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4
Tony Ferrara, Mayor
City of Arroyo Grande
Dated:
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Client initials
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Item 4.
Sintra Group: What We Do
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What We Do
Since 1!)97, Sintra Group has provided efficient, professional services
to a variety of entities including:
Government agencies
Police departments
Fire departments
School districts
Major corporations
Private employe1s
Health care agencies
Law firms
Page 1 of 1
We also network with other trained professionals in a variety of disciplines to assist us, and to act as a source of
1eferences for our potential clients.
Our go11I is to provide the highest level of service, and we welcome the opportunity
to schedule a meeting to discuss your issues and determine irwe can be of assistance.
[1
For more information about our services, follow these links:
Background 1 nvestigations
Civil Investigations
or to download a copy of our brochure, please click here.
(Ali11he Aer11b11t Reader is required to view f/1e pdf file of our broclmre)
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Who We Are
II
Contact Us
http://www.sintragroup.com/what.html
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9/30/2014
Item 4.
ATTACHMENT 2
Sintra Group: Civil Investigations
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lf Pr-ofarioW
Civil investigations
Even with the best pre-employment screenir1g, such issues as hurassment, 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 the
tmining, skill and time to determine the validity 1rnd extent of such complaints. Yet the organization needs factual information to make
informed prior to taking disciplinary action or racing litigation.
These types or investigations can cause major internal stress and strife. rr a supervisor or manager is assigned to handle the
investigation, long-term relationships between employees and m11nagement can be permanently compromised, regardless of the ultimate
decision that is reached. Much 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 friction between 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 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 law
enforcement 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 internal investigations ol' alleged
misconduct, hostile work environment and harassment complaints.
Return To "What We Do"
Return To Backe:ound Investigations
Click here
to download a copy of our brochure
Hander ls requlrt!d to
"ieov/h d (ilei
Who We Are
II
http://www.sintragroup.com/civilinv.html
Contact Us
9/30/2014
Item 4.
Charles Hookstra
506 Glenwood Drive, Oxnard Ca 93030
805-207-4741
chookstra@sintragroup.com
CA P .I. License 25815
Objective
Profile
Education
HR Investigations Consultant
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
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
Employment
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.
Assistant Chief of Police , Oxnard Police Department
Managed Investigative Services Bureau
2002-2007
Item 4.
Community
Involvement
Honors &
Awards
Commander, Oxnard Police Department
Managed Personnel, Training, and Internal Affaits Division
Special Projects (Internal Affairs)
Patrol Watch Commander.
Sergeant, Oxnard Police Department
Supervised, Oxnard Police Street Crimes Unit (Gangs and Narcotics)
Supervised, Oxnard Police Patrol Shift
Senior Police Officer, Oxnard Police Department
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
Patrol Officer
Licensed Private Investigator
Background 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
Item 4.