Independent Contractor Agreement
California POST Background Investigation Services
This Independent Contractor Agreement (“Agreement”) is entered into by and between:
The Gumshoe Group, a California Corporation and licensed California Private Investigator Agency, BSIS License No. 188721 (“Company”),
and
(“Contractor”),
effective as of (“Effective Date”).
1. Purpose
Company retains Contractor on a non-exclusive, independent contractor basis to perform specialized California POST pre-employment background investigation services and related investigative activities for client agencies.
Contractor accepts such engagements subject to the terms of this Agreement.
The parties acknowledge that:
- The company maintains employees who perform operational, administrative, audit, coordination, compliance, and broader investigative functions.
- Contractor is retained on a limited, assignment-by-assignment basis primarily for specialized overflow and project-based California POST background investigative services.
- The contractor is not integrated into the company’s management or administrative operations.
2. Independent Contractor Relationship
The parties expressly intend to create an independent contractor relationship and not an employer-employee relationship.
Contractor acknowledges and agrees that:
- Contractor operates an independently established business and may perform services for other firms, agencies, businesses, or individuals, including competitors of Company;
- Contractor controls the manner, means, methodology, sequence, scheduling, investigative strategy, and performance of services, subject only to applicable law, California POST standards, client requirements, and agreed deliverables;
- Contractor may accept or decline any proposed assignment in Contractor’s sole discretion and without penalty;
- Contractor determines Contractor’s own work hours, work location, interview scheduling, travel routes, and investigative methods;
- Contractor is not required to attend meetings, training, or company functions, although Contractor may voluntarily participate in optional meetings or updates;
- Contractor supplies Contractor’s own office space, vehicle, computer equipment, internet access, software, telephone, investigative tools, and ordinary business expenses;
- Contractor is not entitled to wages, overtime compensation, workers’ compensation coverage, unemployment insurance, retirement benefits, health insurance, paid leave, or any employee benefits;
- Contractor shall not represent themselves as an employee of Company or any client agency;
- Contractor is solely responsible for all federal, state, and local taxes arising from compensation paid under this Agreement.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship.
3. Services
Contractor may perform services including, but not limited to:
- California POST background investigations;
- Personal History Statement investigations;
- Candidate interviews;
- Reference interviews;
- Neighborhood checks;
- Home visits;
- Employment verification;
- Employer and agency file reviews;
- Personnel and internal affairs file reviews;
- Records review and analysis;
- Social media review;
- Integrity/discrepancy interviews;
- Criminal history analysis;
- Report preparation and factual findings documentation;
- Other mutually agreed investigative services.
Contractor’s responsibilities are limited to conducting investigations and providing factual findings and related documentation.
Contractor shall not independently make hiring determinations unless specifically authorized in writing by the client agency.
4. Assignment Structure
Assignments may be divided into components or investigative phases including, but not limited to:
Step 1 – Initial Review / Intake
Review of submitted documents and preliminary investigative materials, including:
- Personal History Statements;
- Pre-Investigation Questionnaires;
- Credit reports;
- DMV records;
- EDD history;
- Social media reviews;
- Database checks;
- Other client-provided records.
This phase may also include candidate interviews, mail-outs, requests for records, and preliminary case assessment.
Step 2 – General Investigation
Investigative follow-up including:
- Background interviews;
- Employment contacts;
- Reference interviews;
- Discrepancy resolution;
- Records verification;
- Telephone/video interviews;
- Processing and documenting investigative findings.
Step 3 – Field Investigation
Field investigative activities including:
- Neighborhood checks;
- Home visits;
- Employer contacts;
- Agency file reviews;
- In-person investigative activity;
- Related fieldwork.
Additional assignment categories or project structures may be utilized depending upon client needs.
Nothing in this section guarantees the Contractor any minimum amount of work or assignments.
5. Case Acceptance and Performance
The company may offer assignments to the contractor on a case-by-case or project basis.
Contractor may accept or reject any assignment in Contractor’s sole discretion.
Time-sensitive assignments may occasionally be designated as expedited requests.
Contractor agrees to use reasonable professional efforts to complete assignments within mutually anticipated timelines.
If Contractor becomes aware of circumstances likely to delay completion, Contractor agrees to reasonably communicate material delays or significant investigative concerns to the designated Company coordinator.
6. Reporting and Deliverables
Contractor shall prepare reports and investigative summaries in accordance with:
- California POST requirements;
- Client agency requirements;
- Company formatting or submission standards for deliverable consistency.
Nothing in this Agreement shall be interpreted to control Contractor’s independent investigative judgment, methodology, or field techniques.
Contractor shall upload or transmit completed reports, supporting documents, recordings, photographs, and related deliverables through approved submission methods.
7. Follow-Up Services
Contractor agrees to reasonably cooperate with follow-up requests related to Contractor’s assigned work product, including clarification requests, supplemental investigation, or audit-related inquiries arising from the original assignment.
8. Compensation
Contractor shall be compensated according to mutually agreed flat-fee, per-task, or per-assignment rates as outlined in a separate written assignment schedule.
If a case is terminated before completion for reasons unrelated to Contractor’s performance, Contractor shall be compensated for completed assignment components.
If an assignment is reassigned due to Contractor’s failure to perform agreed services, compensation may be prorated according to work completed.
Contractor shall invoice Company for completed assignments.
Unless otherwise agreed in writing:
- Contractor shall receive no reimbursement for mileage, travel, equipment, supplies, office expenses, or other ordinary business expenses;
- Contractor is responsible for all business costs associated with services performed under this Agreement.
Company shall not withhold payroll taxes or employment-related deductions.
Contractor shall receive IRS Form 1099 reporting as required by law.
9. Equipment
Contractor shall provide all equipment and tools necessary to perform services, including but not limited to:
- Vehicle;
- Computer equipment;
- Cellular telephone;
- Internet access;
- Printer/scanner capabilities;
- Recording devices;
- Camera equipment;
- Necessary investigative software.
Contractor is responsible for maintaining secure systems capable of protecting confidential and CJIS-related information.
10. Communications
The company may provide the contractor with limited communication tools or assignment-specific communication access solely for the purposes of assignment coordination.
Such access shall not be interpreted as evidence of employment, exclusivity, or integration into Company operations.
Contractor remains responsible for maintaining Contractor’s own independent business communications and operations.
11. Confidentiality
Contractor acknowledges that Contractor may receive confidential, sensitive, law-enforcement-related, or protected information.
Contractor agrees to maintain strict confidentiality regarding all:
- Applicant information;
- Criminal justice information;
- Personnel records;
- Investigation materials;
- Client agency information;
- Proprietary Company information;
- Protected records.
Contractor shall not disclose confidential information except as necessary to perform assigned services or as required by law.
These obligations survive termination of this Agreement.
12. Data Security and CJIS Compliance
Contractor shall implement reasonable administrative, technical, and physical safeguards to protect confidential and CJIS-related information.
Contractor shall immediately report any known or suspected:
- Data breach;
- Unauthorized disclosure;
- Loss of records;
- Security compromise.
Contractor agrees to comply with applicable CJIS security requirements and privacy laws.
13. Ownership of Work Product
All investigative reports, statements, recordings, photographs, notes, and assignment-specific materials prepared for Company assignments shall become the property of Company or its client upon payment for services.
Contractor may retain copies only as required by law, licensing obligations, insurance requirements, or professional recordkeeping standards.
14. Subcontracting
Contractor may subcontract lawful portions of investigative services provided that:
- Any subcontractor possesses all required licenses, registrations, certifications, and legal qualifications;
- Contractor remains responsible for compliance with confidentiality, security, and legal obligations;
- Subcontracting does not violate applicable law or client restrictions.
15. Non-Exclusivity
This Agreement is non-exclusive.
Contractor may perform services for other agencies, businesses, investigative firms, or individuals during the term of this Agreement.
The company imposes no restriction on the Contractor’s ability to independently market or provide services elsewhere.
16. Licensing and Professional Requirements
Contractor shall maintain all licenses, certifications, permits, registrations, and professional qualifications necessary to lawfully perform investigative services.
Contractor shall immediately notify Company of any suspension, revocation, lapse, or disciplinary action affecting Contractor’s qualifications.
17. Indemnification
Contractor shall indemnify, defend, and hold harmless Company and its officers, employees, agents, and clients from claims, liabilities, damages, losses, or expenses arising from:
- Contractor’s negligence;
- Contractor’s unlawful conduct;
- Breach of this Agreement;
- Violation of applicable law.
18. Insurance
Contractor is encouraged to maintain professional liability and general liability insurance appropriate for investigative services.
If required by a client agency or specific assignment, Contractor shall provide proof of insurance upon request.
19. Term and Termination
This Agreement shall remain in effect until terminated by either party.
Either party may terminate this Agreement at any time, with or without cause, upon written notice.
Termination shall not affect payment obligations for completed authorized work.
20. Governing Law
This Agreement shall be governed by the laws of the State of California.
Venue for disputes arising from this Agreement shall be in the California county where Company maintains its principal place of business, unless otherwise agreed.
21. Severability
If any provision of this Agreement is determined unenforceable, the remaining provisions shall remain in full force and effect.
22. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes prior oral or written understandings relating to the subject matter herein.
Any amendment must be in writing and signed by both parties.