HomeMy WebLinkAboutAGR-7864 - FOUR-STAR INVESTIGATIONS, LLC. - INVESTIGATIVE SERVICESDocusign Envelope ID:464E3C9A-B260-475F-SFFC-2CE 16889C91 A
AGR-7864
ImtaI
INVESTIGATIVE SERVICES AGREEMENT
This CONSULTING AGREEMENT ("Agreement") is made and entered into on this 11TH day of
September 2025, by and between the City of Orange, hereinafter referred to as "CONTRACTOR,"
and Four-Star Investigations LLC, hereinafter referred to as "CONSULTANT." This Agreement is
for services to be rendered by CONSULTANT in connection with an administrative investigation
of allegations of potential employee misconduct, as described in Exhibit "A" (SCOPE OF
INVESTIGATION) to this Agreement.
1. Services to be Performed
The CONSULTANT'S role is to gather facts and make factual findings, and shall not draw legal
conclusions nor render recommendations regarding potential employment actions resulting
from the investigation. The CONTRACTOR may use the CONSULTANT'S findings to assess legal
merits of the findings, and to determine an appropriate course of action.
Lee Debrabander will conduct the investigation on behalf of the CONTRACTOR and provide the
services set forth in Exhibit A, Scope of Services.
Exhibit B shall contain the Schedule of Fees.
CONSULTANT may be requested to provide the CONTRACTOR with a Certificate of Insurance with
an endorsement naming the CONTRACTOR as additional insured, if requested, at cost to
CONTRACTOR. CONSULTANT is only responsible for acts of omission, errors, or negligence on its
part. It shall not be responsible for similar acts, omissions, errors or negligence by the
CONTRACTOR.
The CONTRACTOR and CONSULTANT agree that the CONSULTANT shall not provide any
information to the news media or third-party regarding any investigation the CONSULTANT
conducts on behalf of the CONTRACTOR. This does not include the necessity to provide
information under legal compulsion during any administrative hearing or civil proceeding that
may occur.
CONSULTANT is not an employee of the CONTRACTOR and is not entitled to any benefits afforded
to employees of the CONTACTOR. Consultant also is not covered by the CONTRACTOR'S Workers
Compensation Benefits provisions.
CONSULTANT is not required to maintain Worker's Compensation insurance under Labor Code
3700 and will provide a signed declaration to that effect if requested by the CONTRACTOR.
2. Effective Date of Agreement
This contract shall become effective upon the above-mentioned date and continue in full force
and effect until terminated by either party with thirty (30) days' notice.
Docusign Envelope ID:464E3G9A-B26D-475F-8FFG-2GE16889G91A
Page 2 of 5
3. Contract Price and Payment
The CONTRACTOR will pay CONSULTANT compensation for the services rendered, as set forth in
the following Fee Schedule, more fully described in Exhibit B, attached.
a. Fee Schedule: The Schedule of Fees as described above is valid for the full term of this
Agreement.
b. Procedures & Practices for Billing Invoices:
PROJECT COMMUNICATION AND SHIPPING EXPENSES: Any charges for long-distance telephone,
photocopying, blueprints, express and regular shipping, and postage shall be itemized. Such
charges shall be billed at actual cost without any markups.
TRAVEL AND RELATED EXPENSES: Any charges for meals, travel, and lodging, as required by the
CONTRACTOR, will be invoiced at actual cost without markups.
SUBCONTRACTS: Subcontractor charges such as transcriptions will be invoiced at actual cost.
4. Warranty
CONSULTANT warrants that the services will be performed in a professional manner in
accordance with generally accepted investigative practices and procedures. CONSULTANT
MAKES NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED.
5. Force Majeure
Each party shall not be liable to the other for failure to perform its obligations hereunder if and
to the extent that such failure to perform is caused by or results from causes beyond their
respective control.
6. Confidentiality
Unless required by law, or agreed to by counsel in the aforementioned litigation, CONSULTANT
shall not disclose the substance of any report, estimate or recommendation, the nature, results,
opinions, or conclusions that CONSULTANT gives to the CONTRACTOR in connection with the
services provided for in this Agreement; and, CONSULTANT agrees to treat all data, documents,
reports, plans, and other information relating to the services as confidential. The services under
this Agreement are deemed confidential, privileged and protected by attorney-client privilege,
the attorney work product privilege, and any protections afforded by law to the CONTRACTOR'S
work product.
Docusign Envelope ID:464E3C9A-B26D-475F-8FFC-2CE16889C91A
Page 3 of 5
7. Mediation
If any dispute arises out of or relates to this contract, or the breach thereof, and if said dispute
cannot be settled through direct discussions, the parties agree to first endeavor to settle the
dispute in an amicable manner by mediation before having recourse to a judicial forum. No
written or oral representation made during the course of any mediation shall be deemed a party
admission.
8. Governing Law
This Contract and the legal relations of the parties shall be governed by the laws of the State of
California applicable to agreements negotiated, executed, delivered, and fully performed in such
state.
IN WITNESS WHEREOF, the parties have caused this CONSULTING AGREEMENT to be executed
on the day and year first set forth above.
Signed by:
By: kitb,. 66Aitx Keith Kilmer, Owner, Four-Star Investigations LLC
8703228BABC0494...
CITY OF ORANGE, a municipal corporation
Signed by:
jarta 1. hid t,tn,lor'aun,L
Jarg F `i cienbrand, City Manager
ATTEST:
e—DocuSigned by:
ColitinAl
am acteg4rPian, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
atnalie XaGurian V
Senior Assistant City Attorney
Docusign Envelope ID:464E3C9A-B26D-475F-8FFC-2CE16889C91A
Page 4 of 5
EXHIBIT "A"
SCOPE OF SERVICES
A Scope of Services shall be included in this exhibit of the Consulting Agreement after
consultation with the CONTRACTOR. No addition or modification to the Scope of Services shall
be made without written authorization by CONTRACTOR.
SCOPE OF INVESTIGATION
The CONSULTANT will assess the credibility of all witnesses.
The CONSULTANT will submit a written report. The report will provide an executive summary of
the findings, the methodology used during the investigation, a discussion of the evidence
obtained, how credibility issues were resolved, and detailed findings. The findings are limited to
the points set forth above, in the section entitled "Scope of Investigation." The CONSULTANT
shall not reach any legal conclusions, or speculate regarding the legal significance of any claim or
defense, or make recommendations for discipline. The CONTRACTOR and its legal counsel are
solely responsible for providing the legal analysis and advice necessary to respond to the
investigative report.
Docusign Envelope ID:464E3C9A-B26D-475F-8FFC-2CE16889C91A
Page 5 of 5
EXHIBIT "B"
FEES FOR SERVICES
The fee for CONSULTANT'S service is 1)$225.00 per hour, billed in one-quarter increments, portal
to portal; 2) mileage at the current IRS business rate; 3) assignments that require travel and
extended stay require prior approval of the CONTRACTOR; 4) professional services provided by a
third-party vendor (transcriber, technical consultant) provided at actual cost with prior approval
of CONTRACTOR. The CONSULTANT will generally send monthly invoices for services performed
and costs incurred to the CONTRACTOR. Such invoices are due and payable within 30 days of
receipt. In the event the CONSULTANT is required to provide testimony at any post-investigation
hearing, deposition, or trial, the fee is $295.00 per hour (four hours minimum), plus expenses.
The CONTRACTOR shall be invoiced on thirty-day basis for all post-investigation services provided
by the CONSULTANT. Total compensation shall not exceed $30,000.
CONTACT:
Keith L. Kilmer
Four-Star Investigations, LLC
Kilmer Investigative Services
400 N. Tustin Ave. #375
Santa Ana, CA 92705
562) 481-5651
CA BAR#13486