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HomeMy WebLinkAbout05.A- City Attorney RESOLUTION (ID# 1903) DOC ID: 1903 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: James F. Penman M/CC Meeting Date: 06/18/2012 Prepared by: Jolena E. Grider, (909) 384- 5355 Dept: City Attorney Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Agreement Between Police Executive Research Forum (PERF) and the City of San Bernardino for Consultant Services Regarding Existing Police Department Litigation. Financial Impact: Account Budgeted Amount:N/A Account No.N/A Account Description:N/A �^ Balance as of N/A {I,,,• Balance after approval of this item:N/A Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt Resolution. Background: The Police Chief and the City Attorney see a need to hire the Police Executive Research Forum (PERF)to do an outside review of the Police Department and to advise the City Attorney's Office as to existing litigation involving the San Bernardino Police Department. The scope of services to be provided by PERF are detailed in the exhibit to the Agreement. City Attorney Review: Supporting Documents: agrmt.1903 (PDF) Scope of Services Tasks 3-10(PDF) Updated:6/13/2012 by Heidi Aten A 1903 reso 1903 (PDF) Updated:6/132012 by Heidi Aten A CONSULTANT SERVICES AGREEMENT BETWEEN THE POLICE EXECUTIVE RESEARCH FORUM (PERF)AND CITY OF SAN BERNARDINO This Consultant Services Agreement is entered into this_day of June,2012,by and between the Police Executive Research Forum(PERF) ("CONSULTANT")and the City of San Bernardino("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the San Bernardino Police Department and the City Attorney's Office are working together to have an outside review of police department issues;and 0 WHEREAS, The City Attorney's Office is in need of consulting services in connection n with pending litigation on police department issues; y NOW,THEREFORE,the parties hereto agree as follows: E 1.0. SERVICES PROVIDED BY CONSULTANTS d to a 1.1. Scope of Services. For the remuneration stipulated, CONSULTANTS shall provide the professional services described in the Scope of Services attached hereto as a Exhibit "1" and incorporated herein by this reference to the City Attorney's Office. If a conflict arises between the Proposal and this Consultant Services Agreement (hereinafter "Agreement"), o° the terms of the Agreement shall govern. 0 1.2. Professional Practices. All professional services to be provided by "-> CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the PC Proposal and in a manner consistent with the standards of care,diligence and skill ordinarily o exercised by professional CONSULTANTS in similar fields and circumstances in accordance with sound professional practices. CONSULTANTS also warrant that they are familiar with all £ laws that may affect its performance of this Agreement and shall advise CITY of any changes in m any laws that may affect CONSULTANTS'performance of this Agreement. CONSULTANTS further represent that no CITY employee will provide any services under this Agreement. E E 1.3. Warranty. CONSULTANTS warrant that they shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws a including,but not limited to,those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers'compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANTS shall indemnify and hold harmless CITY from and against all claims,demands,payments, suits,actions,proceedings, and judgments of every nature and description including reasonable attorneys'fees and costs, presented,brought, or recovered against CITY for,or on account of any liability under any of the PERF Consultant Agmment Tasks 3-10(mvised) 5.A.a above-mentioned laws,arising from or related to CONSULTANTS'performance under this �.. Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not engage in,nor permit their officers, employees or agents to engage in,discrimination in employment of persons because of their race,religion, color,national origin,ancestry,age, mental or physical disability,medical condition, marital status, sexual gender or sexual orientation,except as permitted pursuant to Section 12940 of the Goverment Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may enter into agreements with other CONSULTANTS for services similar to the services that are subject w to this Agreement or may have its own employees perform services similar to those services y contemplated by this Agreement. c v 1.6. Delegation and Assignment. This is a personal service contract, and the duties set v forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may a employ other personnel to perform services contemplated by this Agreement at W CONSULTANTS'sole cost and expense. a M 1.7 Conflicts of Interest. During the term of this Agreement,CONSULTANTS shall o at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 2 d 1.8 CITY Business Certificate. CONSULTANTS shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of o the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANTS to practice their profession, skill or business. 1.9 Confidentiality and Privilege. The services to be provided by CONSULTANTS under this Agreement are provided for the express purpose of assisting the City Attorney in rendering legal advice to the CITY and the police department in connection with litigation matters involving either or both of them. Accordingly, all communications between a CONSULTANTS and the CITY and/or police department, and all reports or other documents generated by CONSULTANTS, in connection with the services to be provided under this Agreement shall be kept strictly confidential. It is the intent of the parties to this Agreement that all such communications and reports or other documents be and remain protected by the attomey-client privilege,attorney work product doctrine,and any other applicable protection from discovery or other disclosure or dissemination,to the fullest extent consistent with the prevailing law. +• 2 yv. PERF Consultant Agreement Tasks 3-10(revised) i I C' 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein,CONSULTANTS shall be paid an i amount not to exceed$29,200 as set forth in Exhibit"1." 2.2. Additional Services. CONSULTANTS shall not receive compensation for any services provided outside the scope of services specified in the Proposal unless the CITY,prior to CONSULTANTS performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 0 2.3. Method of Billing. CONSULTANTS may submit invoices to CITY for approval. N Said invoice shall be based on the total of all CONSULTANTS'services which have been y completed to CITY's sole satisfaction. CITY shall pay CONSULTANTS' invoice within forty- five(45)days from the date CITY receives said invoice. The invoice shall describe in detail,the d services performed and the associated time for completion. Any additional services approved E and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order,where applicable, on all invoices. a LL lY 2.4. Records and Audits. Records of CONSULTANTS' services relating to this a Agreement shall be maintained in accordance with generally recognized accounting principles M and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three(3)years from the Effective Date. 3.0. TERM AND NOTIFICATION. °- A W W 3.1. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A," unless the Agreement is o previously terminated as provided for herein. 3.2 Termination. CITY or CONSULTANTS may terminate the services provided under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In the event of termination,CONSULTANTS shall be paid the reasonable value of services E rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents a prepared by CONSULTANTS in their performance of this Agreement shall be delivered to the CITY within ten(10)days of delivery of termination notice to CONSULTANTS,at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANTS shall be at CITY's sole risk and without liability or legal expense to CONSULTANTS. 4.0. INSURANCE 3 PERF Consultant Agreement Tasks 3-10(mvised) Packet Pg. 26 4.1. Minimum Scope and Limits of Insurance. CONSULTANTS shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability,including premises-operations, producWcompleted operations,broad form property damage, blanket contractual liability, independent contractors,personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00),combined single limits,per occurrence and aggregate. (b) Automobile liability for owned vehicles,hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,per occurrence and aggregate. N Y N (c) Workers'compensation insurance as required by the State of California. v 4.2. Endorsements. The commercial general liability insurance policy shall contain or v be endorsed to contain the following provisions: v m a (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards,officers,agents,and employees are additional insureds a with respect to this contract with City." 0 m !^ (b) Notice: "Said policy shall not terminate,nor shall it be materially changed or cancelled,nor the coverage reduced,until thirty(30) days after written notice is given to City." 4 MA (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance o provided by this policy." 4.3. Certificates of Insurance. CONSULTANTS shall provide to CITY certificates of m insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY,prior to performing any services under this Agreement. E 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement,or the extent to which a CONSULTANTS may be held responsible for payments of damages to persons or property. 5.0.. GENERAL PROVISIONS 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by 4 PERF Consultant Ageement Tasks 3.10(mvised) S.A.a the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices,documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b)at the time of transmission if such communication is sent by facsimile;and c)48 hours after deposit in the U.S.Mail as reflected by the official U.S.postmark if such communication is sent through regular United States mail. 0 IF TO CONSULTANTS: IF TO CITY: A m Y m Craig Fraser James F. Penman, City Attorney m Police Executive Research Forum City of San Bernardino 1120 Connecticut Ave.,NW, Suite 930 300 North D Street E Washington,DC 20036 San Bernardino, CA 92418 m a 5.3. Attorneys'Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all al a costs and expenses, including reasonable attorneys'fees,incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, o C conditions,or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as attorneys'fees" for the purposes of this Agreement. g N 5.4. Govemina Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of c laws. In the event of any legal action to enforce or interpret this Agreement,the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction,located in_San -- -- -- Bernardino County,California-.— 5.5. Assi ent: CONSULTANTS shall not voluntarily or by operation of law `m assign,transfer, sublet or encumber all or any part of CONSULTANTS' interest in this s Agreement without CITY's prior written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for a termination of this Agreement. Regardless of CITY's consent,no subletting or assignment shall release CONSULTANTS of CONSULTANTS'obligation to perform all other obligations to be performed by CONSULTANTS hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANTS shall protect,defend, indemnify and hold harmless CITY and its elected and appointed officials,boards, commissions, officers, attorneys, agents and employees from any and all claims,losses,demands, suits, s PERF Consultant Agreement TUSkt 3-10(revised) r — administrative actions,penalties, liabilities and expenses,including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including,but not limited to,all civil claims or workers' compensation claims arising from or in any way related to CONSULTANTS'performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor. CONSULTANTS, at all times while performing under this Agreement, are and shall be acting at all times as independent contractors and not as agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be responsible for any and all payment of wages,benefits and taxes including,but not limited to,Income Tax, Social Security, State Disability Insurance Compensation,Unemployment Compensation,and other payroll deductions for CONSULTANTS and their officers,agents, and employees,and all ° business licenses, if any are required, in connection with the services to be performed hereunder. y Neither CONSULTANTS nor their officers,agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance,life insurance,paid vacations,paid holidays,pension,profit sharing or social security on account of v CONSULTANTS and their officers', agents'and employees' work for the CITY. This v Agreement does not create the relationship of agent,servant,employee partnership orjoint a venture between the CITY and CONSULTANTS. w a 5.8 Conflict of Interest Disclosure: CONSULTANTS or their employees may be ; subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which(1) m requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2)prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. °- A CONSULTANTS shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. o m 5.9. Responsibility for Errors. CONSULTANTS shall be responsible for their work E and results under this Agreement. CONSULTANTS,when requested, shall furnish clarification R and/or explanation as may be required by the CITY's representative,regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANTS occurs,then CONSULTANTS shall, at no cost to CITY,provide all other CONSULTANTS professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard a to the correction. 5.10. Prohibited Employment. CONSULTANTS shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. .. 6 PERF Consultant Agreement Tasks 3-10(revised) S.A.a 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify,explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or ° interpretation of this Agreement. w Y N 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. m E m 5.15. Waiver. The delay or failure of either party at any time to require performance or u compliance by the other of any of its obligations or agreements shall in no way be deemed a a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative a of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with °m respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 5.16. Severabilitv. If any provision of this Agreement is determined by a court of 2 N competent jurisdiction to be invalid or unenforceable for any reason,such determination shall v not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance,and the remaining provisions of this Agreement shall remain in full force and effect. E 5.17. Counterparts: This Agreement may be executed in one or more counterparts, q each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. m E s u 5.18. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said a parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. 1!/ PFRF Consultant Agreement Tasks 3-00(revised) Packet Pg. 30 t i CONSULTANT SERVICES AGREEMENT BETWEEN THE POLICE EXECUTIVE RESEARCH FORUM (PERF)AND CITY OF SAN BERNARDINO IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their respective authorized officers,as of the date first above written. Dated: 2012 CONSULTANT By: 0 M N Y N Dated 2012 CITY OF SAN BERNARDINO @ E By: v Patrick J. Morris,Mayor a LL Approved as to Form: a James F. Penman,City Attorney M 0 rn 0 @ K c� 0 m E m @ c E E U Q PERF Consullnnl Agreement Tests 3.10(revised) Packet Pg. 31 S.A.b APPENDIX 1' SCOPE OF SERVICES i TASK 3: MANAGEMENT AND SUPERVISORY ANALYSIS To complete the first portion of this task, PERF will examine the department's span ofconlrol. Span of control is the ratio between a supervisor and subordinates at each level of the organization. An improper span of control creates inefficiency in an organization and can ° expose the agency to undue liability. Supervisors responsible for too many(or too few) N employees is not an efficient use of resources. y R PERF will also look at the structure of the organization to determine if the alignment is w conducive to achieving organizational goals and objectives. Should the agency's rank structure v be deemed insufficient, new ranks may be proposed (e.g.,master/senior patrol deputy, corporal, rn etc.) where needed to ensure optimal span of control and to ensure adequate promotional a opportunities for experienced staff members. Should PERF ascertain the agency has a higher it number of managers or supervisors than necessary; a recommendation to downsize may be a j, appropriate. The assessment of the agency's span of control and levels of ' management/supervision will also help determine if the department's organization promotes clear lines of authority and communication. r; w TASK 4: ORGANIZATIONAL ANALYSIS w n In combination with the workload and management analysis collected above, we will identify the most efficient organizational structure for the relevant components of the San Bernardino Police Department. This structure will be specifically tailored to the agency in order to increase w efficiency and eliminate redundancy. A further important consideration will be striving for the v proper balance between day-to-day decisions being made at the lowest level possible, and o ensuring proper quality control, supervision,and acceptable liability risk. The structure of the u organization is only one factor in this regard. We will also consider twining, supervision, management, internal controls, and the extent to which the stated values of the department are E internalized. U a TASK 5: COLLECT AND ASSESS GENERAL INFORMATION ON USE-OF-FORCE POLICIES, TRAINING AND PRACTICES AND OTHER RELEVANT DEPARTMENT INFORMATION PERF will request that the San Bernardino Police Department provide organizational policies and practices along with relevant training curricula related to the scope of services to be Consultant Agreement Tasks 3 - 10 performed. Members of the PERF team will familiarize themselves with the material prior to conducting the initial site visit to San Bernardino. On-site,PERF staff will collect additional information pertaining to the full continuum of use-of- force policies,practices and training of the San Bernardino Police Department. This may include the general use-of-force policy and any policies related to the use of force(especially less-lethal types of force) and their associated training. Policies and training information collected will include those relevant to self-defense, weaponless and firearms training,and tactical and other specialized units within the department. Instructors will be interviewed by the PERF team. Members of the PERF team will evaluate the collected policies and training information on how members of the department are trained in the use of force. This evaluation will include a H thorough comparison of the department's policies and practices against recommended national m practices,policies and guidelines from a variety of professional and academic sources. r d E m d TASK 6: COLLECT AND ASSESS COMPREHENSIVE INFORMATION ON USE-OF-FORCE Q REPORTING AND INVESTIGATION POLICIES W a PERF staff will collect comprehensive information on reporting and investigating use-of-force c incidents,including current policies,practices and statutes that affect the reporting and investigation of these incidents. Once these materials have been collected, members of the PERF c team will study and evaluate the documents as well as examine training curricula and instruction on use-of-force reporting and investigations delivered to line-level, supervisory and management x employees. r m The PERF team will complete a detailed review of the manner in which use-of-force occurrences u are reported and investigated by the San Bernardino Police Department and will evaluate the quality of the department's reporting system to determine the process used to document and w investigate use-of-force incidents, including the various roles and responsibilities involved, and ° how members are prepared by the department to fulfill those roles. c U N To do this, PERF plans to review a random sample of completed use-of-force investigative c reports. It is expected that some of the reports review may be the subject of current litigation.As E an example,the investigative reports could be compared with corresponding field reporting to u assess the accuracy and consistency of event documentation. Other criteria and methodologies a will be developed and discussed with the department prior to initiating this component of the assessment. Although PERF will make no assessments of individual cases this analysis will make comments/recommendations about aggregate findings such as training needs, investigative thoroughness,and/or policy deficiencies. Consultant Agreement"Casks 3 - 10 PacketPg. 33 The applicable policies,practices and training of the San Bernardino Police Department will then be compared to relevant legal standards,accreditation standards,and best practices. TASK 7: EVALUATE THE COMPLAINT PROCESS AND ITS ACCESSIBILITY TO THE COMMUNITY PERF will collect comprehensive information on the aftercare and employee assistance programs offered by the San Bernardino Police Department related to personnel involvement in use-of- force incidents. PERF will conduct interviews with members of the department responsible for providing employee assistance followings significant event. Formal training for those involved in providing aftercare,stress debriefing, and employee assistance programs will also be identified and reviewed. Training curriculum and other A instructional materials for those involved in managing aftercare services will also be obtained for y analysis. This will include a thorough review of the department's early intervention system to assess its `triggers' and perceived effectiveness. E Based on this information,members of the PERF team will evaluate the effectiveness of these w initiatives and programs as they pertain to supporting members of the department engaged in use-of-force incidents. The degree to which members of the department are aware of and familiar with available resources and programs will also be assessed. a M 0 m TASK g: EXAMINE'rHE COMPLAINT INVESTIGATIVE PROCESS AND PROCEDURES The steps in this task will include a determination of the manner in which cases are prioritized y and assigned as well as: • An examination of how Professional Standards investigators interact with N complainants and accused officers in relation to interviews, statements and Garrity issues. • An evaluation of the quality of investigations and a determination if the level of N resources available to investigators is sufficient. ° d • A review a random sample of Professional Standards Unit completed o investigations. n c TASK9: EXAMINATION OF PROCEDURAL LEGALITY £ E u PERF will determine the Professional Standards unit's familiarity with certain legal provisions a and statutes and whether policies are in place for these legal safeguards to be followed. Included will be: • Any State of California legal requirements and Garrity mechanisms • California public records requirements in relation to witnesses, data and disclosures. • Review standards of evidence required to sustain a case and determine whether they are consistent with legal standards and best practices. Consultant Agreement Tasks 3 - ]0 Pg:34 S:Ab TASK 10: REVIEW OF THE DISCIPLINE PROCESS PERE will evaluate the equity,timeliness and consistency of the discipline process. PERF will examine the role of management in the discipline process. A determination will be made of whether discipline adheres to collective bargaining agreements and the effect of those labor agreements on the process as a whole. The manner in which completed cases are processed will be assessed. Disciplinary findings and actions will be reviewed for fairness and _ consistency. ° M N Y N DRAFT REPORT v PERF will use the data obtained in the course of the study to create a draft report. For each of E the recommendations developed through the above listed tasks,comparisons will be made to the d current practice in the San Bernardino Police Department,and will identify opportunities for a improvement. Recommendations will be accompanied by a corresponding implementation plan r to guide the San Bernardino Police Department in establishing the project team's a recommendations. The draft report is expected to include the following sections: M ° m • Executive Summary o Purpose and Review of Scope of Work v Methodology/Process to Do the Work y • Facts and Findings for Each Core Element m • Conclusions,Recommendations and a prioritized Action Plan with proposed time frames m to complete suggested action items. Y • Any necessary appendices and/or attachments. N PERF will review the draft report with the Police Department and relevant City management. o We view this process as important to discover any errors, omissions,or unclear areas of the u report. Additions and/or revisions that result from the review and comment will be part of the N final report. m E r FINAL REPORT a A final written report will be delivered as required. TIMELINE It is expected that the study will be completed in 14-16 weeks depending on data availability. a Consultant Agreement Tasks 3 - 10 I Packet Pg,35 - COST The cost of these services will be$43,300 on an all inclusive fixed fee basis. It will include the services of the following: Craig Fraser- 92 hours Bob Kreisa -- 110 hours 13iII Tcgeler-48 hours Jason Cheney --50 hours 0 Also included are all expenses, navel and per diem and PKRF's indirect costs as approved and A required by the U.S. Department of.lustice N R c m E m m rn Q LL LU aJ a M 0 m © o h s m F v U W N O d a 0 U N C d E L U R Q Consultant .Agroemcnt Tasks 3 - 10 Packet Pg. 36 PROJECT TEAM Dr.Craig Fraser will be the project manager for this study. He directs PERF's Management Services group. He returned to PERF in June 2005 after having been Director of the Public Safety practice area for MAXIMUS, Inc for 2%:years. Ile has managed over 150 studies of police agencies and operations over the last twelve years, for both large and small agencies. Dr. Fraser directed recently completed deployment and staffing projects in Indio,CA;Fayetteville, NC; Fort Collins, CT; Berks County PA;Lafayette Parish,LA; Schenectady,NY;Fresno, CA; Oakdale, MN; and PERF's extensive study of the San Francisco Police Department. He has specific substantive expertise in police technology,training and resource allocation. He has authored training guides on police resource allocation, staffing and deployment,taught ° extensively on the topic and conducted 50 specialized staffing and deployment studies. He is N also a former accreditation manager seeking recognition for his department by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). c d In addition to his management studies experience, Dr. Fraser held a joint position of Director of v Training,Richmond Police Department and Director of the Criminology/Criminal Justice Program, Virginia Union University. He has worked as: Planning and Budget Manager for the Q Santa Ana,California Police Department;Director,Training,Education,and Accreditation W Division for the Massachusetts Metropolitan Police; and Director,Management Information n Division for the Winston-Salem,NC Police Department. Additionally he has held appointments at Boston University, Florida State University, Washburn University,and the University of Kansas. His undergraduate degree is from Duke University and his M.A. and Ph.D. are from o Purdue University. N Y Robert Kreisa has recently joined PERF as a Senior Associate. Previously,Mr. Kreisa worked , as the Local Public Safety Practice Manager for MTO Management Consultants in Seattle WA, y where he led the firm's local public safety practice,with responsibilities for business u development,project management,deliverables development,and budget management. He simultaneously served as President of Criminal Justice Associates, Inc.,located in Knoxville TN w and Appleton WI where he directed the start up and growth of a company that provides v specialized consulting services and training to a broad range of law enforcement agencies and o justice organizations across the country. in c Prior to that, he served as a Program Specialist at Fox Valley Technical College in Appleton Wl, E where he directed all aspects of the Criminal Justice Division's consulting practice as well as all v criminal justice management training programs,including an eight week command college. a While in this position he also conducted research and developed grant applications. Mr. Kreisa served as the chief of the Sheboygan Police Department from 1995-1997 and the Stevens Point Police Department from 1990-1994. Mr. Kreisa holds a BS and MS in Criminal Justice from the University of Wisconsin. Consultant Agreement Tasks 3 - 10 Packet Pg. 37 5:A.b Bill Tegeler retired as a commander with the Santa Ana Police Department in Southern California in July of 2006 to become PERF's Deputy Director of Management Services. In January of 2007,he was appointed Acting Director of the PERF Center on Force and Accountability. He currently serves as a Project Associate with PERK He earned a Bachelor of Arts degree in Criminal Justice from Cal ifomia State University, Fullerton and a Master's degree in Human Resources and Organizational Development from the University of San Francisco. As PERF's Deputy Director of Management Services, Mr.Tegeler conducted numerous organizational studies across the country including San Francisco,CA;Savannah-Chatham Metropolitan Police Department, GA; Mesa,AZ; Milwaukee,WI;Chicago, IL;Lakeview,WA; M New Haven, CT;Fort Lee,NJ; St. Louis,MO; Cedar Rapids,IA; Indio, CA;Fayetteville,NC; m New Castle, DE; and West Palm Beach, FL. In those studies,he was the lead consultant for a � variety of police functions including patrol operations,investigations, administrative services, policies,procedures and practices,and internal affairs. He has also assisted the San Francisco m Police Department in the implementation of PERF's Organizational Review recommendations ; and in initiating a pilot program in the department's Ingleside District. As Acting Director of a PERF's Center on Force and Accountability,Tegeler conducted reviews of use-of-force policies, practices and training; officer-involved shooting investigations;and citizen complaint procedures a for several police departments including the Philadelphia Police Department,Minneapolis Police Department and San Antonio Police Department. He worked on a review of the FBI's field o office SWAT program and was responsible for managing PERF national conferences on the economic crisis that began in 2008 and the nationwide spike in violent crime rates in 2005 and ° 2006. y Y N N During his career in Santa Ana, Commander Tegeler was assigned to supervise the department's Planning and Research Unit and served as administrative assistant to the Chief of Police. Commander Tegeler was selected to lead Santa Ana's Developmental Policing District and was Z responsible for the management of all aspects of policing. He also commanded the Investigation n Bureau's Crimes Against Persons Division. Commander Tegeler has received national, state and o local policing awards and upon his retirement, his former district station was named in his honor. o U Jason Cheney is a Research Associate for PERF's Management Services Division and PERF's Center on Force and Accountability and has been with the organization since 1999.He is responsible for managerial and logistical support for numerous PERF projects,including violent crime and CED (Taser)research,as well as overseeing PERF's grant seeking process. Mr. a Cheney also handles day-to-day activities in PERF's Executive Search Division. He also has two publications to his credit: Police-Community Partnerships to Address Domestic Violence and Enhancing Success of Police-Based Diversion Programs for People with Mental Illness. Prior to joining PERF,Mr. Cheney served as a Legal Assistant for a private attorney in Toms River,New Consultant Agreement Tasks 3 - 10 RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT BETWEEN POLICE EXECUTIVE RESEARCH FORUM (PERF) AND 3 THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES REGARDING 4 EXISTING LITIGATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 0 6 WHEREAS, the San Bernardino Police Department and the City Attorney's Office are " 7 working together to have an outside review of police department issues;and m 8 WHEREAS, The City Attorney's Office is in need of consulting services in connection 9 with pending litigation on police department issues; E d d 10 NOW,THEREFORE,: a 11 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and w a 12 directed to execute on behalf of said City a Consultant Services Agreements between Police 0 13 Executive Research Forum (PERF) and the City of San Bernardino for consultant services 14 regarding the existing police department litigation, a copy of which is attached hereto and 0 15 incorporated herein as Exhibit"A." d 16 SECTION 2. The authorization granted b this Resolution shall gran y expire and be void and � 0 17 of no further effect if the agreement is not executed by both parties and returned to the Office of the 0 18 City Clerk within sixty(60)days following the effective date of this Resolution. m 19 E 20 p! 21 22 !p 23 24 !/! 25 q/ 26 p! 27 28 Packet Pg. 39 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO CONSULTANT 2 AGREEMENTS BETWEEN PERF AND THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES REGARDING THE SAN BERNARDINO POLICE 3 DEPARTMENT AND EXISTING LITIGATION. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 0 6 Common Council of the City of San Bernardino at a M 7 meeting thereof, held on the day of R 8 2012, by the following vote, to wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ m a 11 JENKINS w 12 VALDIVIA a M 13 SHORETT J 14 KELLEY ]5 JOHNSON = 16 MCCAMMACK M 17 O 18 Georgeann Hanna,City Clerk 19 m The foregoing Resolution is hereby approved this da of E 20 ,2012. y A 21 a 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 By: C 27 28 Packet Pg.40