HomeMy WebLinkAbout05.D- City Attorney RESOLUTION(ID# 1894) DOC ID: 1894 B
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 Two Consultant Agreements Between PERF and the City of San Bernardino for
Consultant Services Regarding the San Bernardino Police Department and Existing Litigation.
Financial Impact:
Account Budgeted Amount:N/A
Account No.N/A
Account Description: N/A
Balance as of N/A
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.
Backeround:
The Police Chief and the City Attorney see a need to hire Police Executive Research Fonun
(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:
Supportine Documents:
reso 1894 (PDF)
1894 agrmt (PDF)
PERF Agreement (PDF)
Updated:6/132012 by Heidi Aten B
1894
PERF Agreement Tasks 3-10(PDF)
Scope of Services Task 1 & 2 (PDF)
PERF Consultant Agreement Tasks 3-10 (DOCX)
Scope of Services Tasks 3-10(PDF)
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Updated:6/13/2012 by Heidi Aten B
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO CONSULTANT
AGREEMENTS BETWEEN PERF AND THE CITY OF SAN BERNARDINO FOR
3 CONSULTANT SERVICES REGARDING THE SAN BERNARDINO POLICE
4 DEPARTMENT AND EXISTING LITIGATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS: A
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HFRFA$i the Can Bernardino u..l;..o Tle..�.+..e.w,.«a .t_n:._. �
r........,...�� �«�.�y Atiuritcy's O,`I'ice are
working together to have an outside review of police department issues;and
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9 WHEREAS,The City Attorney's Office is in need of consulting services in connection
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10 with pending litigation on police department issues; w
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11 NOW,THEREFORE,:
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12 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and °
13 directed to execute on behalf of said City a Consultant Services Agreements between the Police
14 Executive Research Forum (PERF) and the City of San Bernardino for consultant services
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15 regarding the San Bernardino Police Department, a copy of which is attached hereto and
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16 incorporated herein as Exhibit"A."
17 SECTION 2. The authorization granted by this Resolution shall expire and be void and
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of no further effect if the agreement is not executed by both parties and returned to the Office of the "w
19 City Clerk within sixty(60)days following the effective date of this Resolution.
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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
3 DEPARTMENT AND EXISTING LITIGATION. POLICE
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5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and N
6 Common Council of the City of San Bernardino at a R
7 meeting thereof, held on the day of
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8 2012, by the following vote, to wit: M
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT d
10 MARQUEZ d
11 JENKINS a
12 VALDIVIA
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V 14 KELLEY
15 JOHNSON o
16 MCCAMMACK
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this
,2012. day of E
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22 Patrick . Morris, Mayor
City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 By.
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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
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WHEREAS, The City Attorney's Office is in need of consulting services in connection A
with pending litigation on police department issues; y
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NOW,THEREFORE,the parties hereto agree as follows:
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1.0. SERVICES PROVIDED BY CONSULTANTS E
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I.I. Scone of Services. For the remuneration stipulated, CONSULTANTS
shall provide the professional services described in the Scope of Services attached hereto as t
Exhibit "1" and incorporated herein by this reference to the City Attorney's Office. If a conflict a
arises between the Proposal and this Consultant Services Agreement (hereinafter "Agreement"),
the terms of the Agreement shall govern, w
1.2. Professional Practices. All professional services to be provided by 0
CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the ,',
Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily ov
exercised by professional CONSULTANTS in similar fields and circumstances in accordance E
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
any laws that may affect CONSULTANTS'performance of this Agreement. CONSULTANTS
further represent that no CITY employee will provide any services under this Agreement. c
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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 Agreement Tasks 1 and 2(revised)
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 Government 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 n
into agreements with other CONSULTANTS for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement. N
1.6. Delegation and Assignment. This is a personal service contract,and the duties set d
forth herein shall not be delegated or assigned to any person or entity without the prior written d
consent of CITY. CONSULTANTS may engage a subcontractor(s)as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at a
CONSULTANTS' sole cost and expense.
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1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANTS shall
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.
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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
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 E
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
attorney-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.
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PERF Camlunt Agreement Tasks l and 2(revised)
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2.0. COMPENSATION AND BILLING
2.1. Compensation. Except as provided herein, CONSULTANTS shall be paid an
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.
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2.3. Method of Billing. CONSULTANTS may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANTS' services which have been
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 ~
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as "Additional Services"and shall d
identify the number of the authorized change order,where applicable,on all invoices.
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2.4. Records and Audits. Records of CONSULTANTS' services relating to this w
Agreement shall be maintained in accordance with generally recognized accounting principles a
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.
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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
previously terminated as provided for herein. E
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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
rendered to the date of termination. E
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3.3 Documents. In the event of termination of this Agreement,all documents
prepared by CONSULTANTS in their performance of this Agreement shall be delivered to the a
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
PFRF Co Rant s
Agreement Tasks!and 2(avised)
Packet'Pg.65
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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,
Products/completed 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, N
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate. m
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(c) Workers'compensation insurance as required by the State of California. m
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions: E
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(a) Additional insureds: "The City of San Bernardino and its elected and LL
appointed boards,officers,agents, and employees are additional insureds w
with respect to this contract with City." a
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(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." C
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(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy." E
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4.3. Certificates of Insurance. CONSULTANTS shall provide to CITY certificates of
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. w
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4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, A
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 Apgre ement: 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
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PERF C"nsuaenl Agreement Tasks 1 and 2(revised)
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.
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IF TO CONSULTANTS: IF TO CITY: R
Craig Fraser Chief Robert Handy m
Police Executive Research Forum San Bernardino Police Dept. ~
1120 Connecticut Ave.,NW, Suite 930 710 North D Street d
Washington,DC 20036 San Bernardino, CA 92402 v
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5.3. Attomeys' Fees: In the event that litigation is brought by any party in connection a
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all w
costs and expenses,including reasonable attorneys'fees,incurred by the prevailing party in the a.
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
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.
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5.4. Governing Law. This Agreement shall be governed by and construed under the 0
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement,the parties hereto E
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
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5.5. Assignment: CONSULTANTS shall not voluntarily or by operation of law
assign, transfer,sublet or encumber all or any part of CONSULTANTS'interest in this E
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Agreement without CITY's prior written consent. Any attempted assignment,transfer,subletting x
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,
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PERP Consultant Agreemrnt Tasks 1 and 2(revised)
[�` 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 N
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. m
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
CONSULTANTS and their officers', agents' and employees'work for the CITY. This
Agreement does not create the relationship of agent, servant,employee partnership or joint rn
venture between the CITY and CONSULTANTS. a
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5.8 Conflict of Interest Disclosure: CONSULTANTS or their employees may be LL
subject to the provisions of the California Political Reform Act of 1974(the "Act"), which(1) m
P^ 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.
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CONSULTANTS shall conform to all requirements of the Act. Failure to do so v
constitutes a material breach and is grounds for termination of the Agreement by CITY. W
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5.9. Responsibility for Errors. CONSULTANTS shall be responsible for their work
and results under this Agreement. CONSULTANTS, when requested,shall furnish clarification '
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 E
CITY,provide all other CONSULTANTS professional services necessary to rectify and correct A
the matter to the sole satisfaction of CITY and to participate in any meeting required with regard
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.
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PERF Consultant Agreement Tasks I and 2(mAsed)
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 v
interpretation of this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
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5.15. Waiver. The delay or failure of either party at any time to require performance or E
compliance by the other of any of its obligations or agreements shall in no way be deemed a 2
waiver of those rights to require such performance or compliance. No waiver of any provision of a
this Agreement shall be effective unless in writing and signed by a duly authorized representative LL
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of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy a
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
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
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall N
not affect the validity or enforceability of the remaining terms and provisions hereof or of the d
offending provision in any other circumstance, and the remaining provisions of this Agreement K
shall remain in full force and effect. E
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5.17. Counterpart : This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
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5.18. Corporate Authorirv. The persons executing this Agreement on behalf of the U
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so,the parties hereto are formally bound to the provisions of this
Agreement.
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PERF Consultant Agreement Tasks 1 and 2(mvised)
Packet Pg. 69
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:
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Dated 2012 CITY OF SAN BERNARDINO
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By: a
Patrick J. Morris,Mayor
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Approved as to Form:
James F. Penman, City Attorney a
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BY•
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PHRF Consultant Agreement Tads t and 2(revised)
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APPENDIX 1•
SCOPE OF SERVICES
PERF will take the following approach to complete our study. This approach will ensure the
completion of the project in a judicious manner,thus allowing recommendations and
improvements to be implemented without delay.
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Our approach incorporates three major methodologies for the collection of information: personal a
interviews(of both supervisory staff as well as rank-and-file employees);collection,review and w
analysis of available data;and personal observations. Throughout our analysis of the x
department,areas of superior performance will be identified and areas for improvement will be @
indicated. Opportunities for cost containment and cost sharing will be identified. Where feasible ~
current departmental performance will be compared to nationally-recognized best standards.
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All staffing and scheduling recommendations will be made with an eye to ensuring they are o
compliant with all collective bargaining/union agreements between officer associations and the a
department,as well as complying with all applicable laws of the State of California. W
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TASK 1: IDENTIFICATION OF CORE BUSINESS PRACTICES AND FUNCTIONS m
PERF will begin the project by identifying the San Berardino Police Department's business
processes and functions. We expect them to be similar to a list developed by a group of police
chiefs working on PERF's"Challenge to Change:the 21m Century Policing Project" The core y
policing processes identified may include such items as: F
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• Responding to citizens' requests for services; U
• Crime prevention; ti
• Crime solution;and
• Engaging the community to solve crime,violence and disorder problems. a
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To confirm these core business processes and functions for the San Bernardino Police rn
Department(SBPD)PERF will review, at a minimum,the following documents:
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• Laws,regulations and ordinances establishing the SBPD;
• Statements of mission, vision, and values for the SBPD;
Budget documents for the last five years to determine the city's intent for the provision of
law enforcement services;and
Internal directives describing the purposes and functions of the SBPD.
In addition, PERT staff will interview the following persons:
Consultant Agreement Tasks 1 and 2
Packet Pg. 71
• The Chief;
• SBPD command staff members;
• Leadership of employee associations;and
• Members of work groups that make up the department.
This information will be used to assess the level of coordination between the Police Department
and other city departments as well as relationships with the community. This task will also
examine policy preferences that have been developed to guide the delivery of law enforcement
services in the city of San Berardino.
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TASK 2: WORKLOAD,STAFFING AND DEPLOYMENT ANALYSIS
For this task,the PERF project team will assess the workload of those functions of the Police E
Department that provide direct law enforcement services. Typically this information includes
calls for service data and other safety standards for officers and caseloads for detectives. In rn
addition to assessing the department's staffing in terms of call response and crime solution,we LL
will assess specialized unit staffing,such as fiscal services,the office of professional standards,
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personnel services and the training section,as well as those units within the department that do a
not perform patrol or investigations services,but are nonetheless vital to the operations of the
department. The mission of each unit and its workload will be compared to staffing to determine
the need for the unit and the appropriate staffing for each unit/function. N
The collection of this data is needed to match the workload of officers to current staffing levels
to determine if improvements need to be made. Through PERF's comprehensive analysis of this Yu
information,we can establish the service levels of the relevant functions of the Police I
Department and then determine the amount of staff necessary to complete the work. This w
component will also take into account projected changes in community population. The end Z
result will ensure that the San Bernardino Police Department has the appropriate staffing levels n
for all functions of the department,and will identify opportunities for civilianization(as a cost-
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savings measure, as well as freeing up sworn personnel to be deployed for those activities o
requiring sworn officers—essentially acting as a force multiplier).
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Using the data collected,PERF will then make staffing recommendations for the proposed
organization structure that will take into account sworn status. In general,positions that require t_
the legal power and authority, the training and certifications that come from sworn status will be v
assigned to front line units. Where the powers and training of a sworn officer are not needed and r°
where lower cost and/or specialized expertise is desirable,civilian positions will be considered. a
In offering these recommendations,weight will be given to career development of both sworn
and civilian employees. Sworn managers who do not learn key management support
components may lack a well rounded view of the organization needed for successful high level
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` Consultant Agreement Tasks I and 2
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command. Conversely,civilian employees who are unable to see a path to management may
become disgruntled and higher turnover may result.
DRAFT REPORT
PERF will use the data obtained in the course of the study to create a draft report. For each of
the recommendations developed through the above listed tasks,comparisons will be made to the
current practice in the San Bernardino Police Department,and will identify opportunities for
improvement. Recommendations will be accompanied by a corresponding implementation plan N
to guide the San Bernardino Police Department in establishing the project team's
recommendations. The draft report is expected to include the following sections: m
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• Executive Summary
• Purpose and Review of Scope of Work
• Methodology/Process to Do the Work
• Facts and Findings for Each Core Element E E
• Conclusions,Recommendations and a prioritized Action Plan with proposed time frames a
to complete suggested action items. u.
• Any necessary appendices and/or attachments. w
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PERF will review the draft report with the Police Department and relevant City management.
We view this process as important to discover any errors,omissions,or unclear areas of the
report. Additions and/or revisions that result from the review and comment will be part of the
final report.
FINAL REPORT m
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A final written report will be delivered as required.
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It is expected that the study will be completed in 14-16 weeks depending on data availability. o
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COST m
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The cost of these services will be$29,200 on an all inclusive fixed fee basis. It will include the
services of the following: a
Craig Fraser—60 hours
Bob Kreisa—65 hours
Bill Tegeler—48 hours
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/ Consultant Agreement Tasks I and 2
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Jason Cheney—25 hours
Also included are all expenses,travel and per diem and PERF's indirect costs as approved and
required by the U.S. Department of Justice
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Consultant Agreement Tasks 1 and 2
Packet.Pg.74
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%a years. He has managed over 150 studies of
police agencies and operations over the last twelve years,fonboth 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 N
specific substantive expertise in police technology,training and resource allocation. He has
authored training guides on police resource allocation,staffing and deployment,taught 6
extensively on the topic and conducted 50 specialized staffing and deployment studies. He is y
also a former accreditation manager seeking recognition for his department by the Commission m
on Accreditation for Law Enforcement Agencies,Inc. (CALEA).
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In addition to his management studies experience,Dr.Fraser held a joint position of Director of m
Training,Richmond Police Department and Director of the Criminology/Criminal Justice m
Program,Virginia Union University.He has worked as:Planning and Budget Manager for the a
Santa Ana,California Police Department; Director,Training,Education,and Accreditation
Division for the Massachusetts Metropolitan Police;and Director,Management Information a
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
Purdue University.
Robert Kreisa has recently joined PERF as a Senior Associate. Previously,Mr.Kreisa worked x
as the Local Public Safety Practice Manager for MTG Management Consultants in Seattle WA, in
where he led the firm's local public safety practice,with responsibilities for business
development,project management, deliverables development,and budget management. He v
simultaneously served as President of Criminal Justice Associates,Inc.,located in Knoxville TN d
and Appleton WI where he directed the start up and growth of a company that provides n
specialized consulting services and training to a broad range of law enforcement agencies and
justice organizations across the country. o
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Prior to that,he served as a Program Specialist at Fox Valley Technical College in Appleton WI,
where he directed all aspects of the Criminal Justice Division's consulting practice as well as all E
criminal justice management training programs,including an eight week command college. t
While in this position he also conducted research and developed grant applications. i
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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.
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Consultant Agreement Tasks 1 and 2
O.
�Pg.75
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 PERF. He earned a Bachelor of
Arts degree in Criminal Justice from California State University,Fullerton and a Master's degree
in Human Resources and Organizational Development from the University of San Francisco.
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As PERF's Deputy Director of Management Services,Mr. Tegeler conducted numerous
organizational studies across the country including San Francisco,CA;Savannah-Chatham R
Metropolitan Police Department,GA;Mesa,AZ;Milwaukee,WI;Chicago,IL;Lakeview,WA; Y
New Haven,CT;Fort Lee,NJ; St. Louis,MO;Cedar Rapids,IA;Indio,CA;Fayetteville,NC;
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, w
policies,procedures and practices, and internal affairs. He has also assisted the San Francisco
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
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.
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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
responsible for the management of all aspects of policing. He also commanded the Investigation
Bureau's Crimes Against Persons Division. Commander Tegeler has received national, state and Y'
local policing awards and upon his retirement,his former district station was named in his honor. m
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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 E
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. Jg
Cheney also handles day-to-day activities in PERF's Executive Search Division.He also has two a
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
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Consultant Agreement Tasks 1 and 2
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Packet Pg. 76
Jersey.lie holds a MA in International Commerce and Policy from George Mason University
and a BA in Political Science from Stockton College in New Jersey.
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Consultant Agreement Tasks I and 2
packeCPg:27