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HomeMy WebLinkAboutContracts & Agreements_65-2018PS 1 1 (4118) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of an organizational assessment of the City of Redlands Police Department ("Agreement") is made and entered in this 19th day of April, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Krems Consulting ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide an organizational assessment of the City of Redlands Police Department (the "Services") 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 -- SERVICES OF CONSULTANT 21 The Services that Consultant shall perforin are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall snake available to Consultant infonnation in its possession that may assist Consultant in performing the Services 32 City designates City's Police Chief, Christopher R Catren, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive tinformation, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Consultant shall perforin and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," entitled "Protect Schedule," which is attached hereto and incorporated herein by reference The Services shall commence within ten (10) days of the Effective Date of this Agreement PS I 1 (4/18) 42 Consultant shall complete the Services by Septembei 15, 2018, unless the Services are terminated earlier as provided for herein 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall not exceed the amount of forty thousand dollars ($40,000) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," entitled "Fee Schedule," which is attached hereto and incorporated herein by reference 52 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (a) on the date of delivery In person, (n) five (5) days after deposit in first class registered marl, with return receipt requested, (air) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsunule, if confirmed with a copy sent contemporaneously by first class, certified, registered or express marl, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice In accordance with this section C� City Cleric City of Redlands 35 Capon Street P O Box 3005 (marling) Redlands, CA 92373 Consultant Joseph Kreins, Principal/Owner Krems Consulting 5502 Lynbrook Court Concord, CA 94521 ARTICLE 6 -- INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. insurance policies 2 Ps 1 1 (4119) shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per claim made. D Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 62 Consultant shall defend indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment of interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant fiirthei covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 9 PS -1 1 (4118) 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (n) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization of entitlement; (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similai item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in snaking a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an Individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is cornmenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 84 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set 4 PS i I (arts) forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel. retained by it be deemed to have been employed by City or engaged by City foi the account of, of on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 8,5 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver of otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 86 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 87 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 88 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent ,jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement PS -1 1 (4118) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement Attest- ) e Donaldson, City Clerk Kreins Consulting By'��� Jop reins incipal/Owner PS 1 1 (4118) EXHIBIT "A" SCOPE OF SERVICES The consultant work will be conducted in four phases including a review of current conditions, an evaluation of future service demands, analysis of service delivery options and development of five-year strategic plan to guide the Department going forward Phase I Review and Evaluation of the Cur rent Organizational Conditions The consultant will complete a comprehensive review of the Redlands Police Department's current organizational and service delivery configuration. The purpose of this evaluation is to assess the agency's operations in comparison to industry standards and best practices, as well as to create a benchmark against which options for future service delivery can be measured The consultant shall conduct an organizational analysis of the department based on the elements included in the following tasks- Develo ment of Stakeholder Input The selected consulting firm will interview City staff in the Police Department and in other departments of the City, a variety of external organizations, appropriate community decision makers, labor organization representatives and others that the project team deems necessary From these interviews, the consultants will obtain additional perspective on operational, economic, and policy issues facing the department and the City In addition, the project team will lean, more about availability of data necessary to analyze the department's ability to meet projected goals. Review of the Existin Conditions Analysis of Community Needs and Expectations o Service area characteristics o Community perception and knowledge of Police Department services and performance o Community dynamics impacting law enforcement o Community perception regarding the value of law enforcement services for then investment o Public outreach and education and media relations o Emerging Crime trends and resulting calls for service Department Administrative Systems and Management Capacity o Current organizational configuration and service delivery systems o Management capacity, configuration and lines of authority a Human resource management practices and systems including succession planning and labor/management relations 7 s PS 1 1 (4118) O Internal communications o Department and employee performance measurement systems and accountability o Data collection systems and analytical capacity o Use of technology systems o Impact of new laws and regulations on current operations o Department culture • Law Enforcement Resource Levels, Deployment and Performance o Service demand analysis o Staffing levels o Response reliability and performance o Analysis of specialty service delivery systems and use of regional partnerships Phase IL• Future Service Demand The consultant will conduct an evaluation of community population trends, the impact that future density will have on demands for fixture services and an assessment of community risk as it relates to current and future service delivery • Analysis of demographic and societal changes impacting law enforcement services + Future service demand as it relates to increasing density and congestion * Crime trends and resulting need for changes in policing strategies ► Analysis of future risk ► Impact of fizture changes in external laws and regulations imposed by other levels of government • Availability of analytical data to evaluate trend data Phase III. Future Service Delivery Models The consultant will develop an inventory and analysis of opportunities under which the Redlands Police Department can improve efficiency and effectiveness • The potential for changes in current practices and policies • Analysis of current partnerships and opportunities to expand or otherwise modify current agreements • New partnership options that are available and evaluation and development of feasible alternatives • Analysis of financial issues and challenges including potential costs and short savings and long tenni cost avoidance • Opportunities for new uses of technology to maximize department resources Phase IV: Strategic Planning The consultant will work in cooperation with the Department to develop a report detailing organizational capabilities and challenges, goals and objectives for maintaining and improving services and development of performance measures to quantify progress N. YS i 1 (4118) The report will outline a strategic plan addressing each of the areas discussed in previous sections The report will identify resource needs and strategies necessary for effective service delivery for the subsequent five years Key components include • Development and prioritization of departmental goals and target objectives for moving forward • Description of recommended actions to achieve goals and objectives including organizational changes, investments, new or modified laws or regulations and partnerships • Estimated cost of proposed changes and enhancements to the current system • Development of a plan for implementing new technologies • Establishment of performance measures relative to goats and objectives • identification of the process needed to implement recommendations including actions needed by the governing body W in PS 1 1 (4/18) EXHIBIT "B" PROJECT SCHEDULE 0-60 days Collection and review of data sources, interviews with department and city stakeholders and department managers as necessary, ongoing planning meetings and data review 60-90 days Assessment of best practices, initial recommendations and outline of Strategic Plan 90-120 days. Findings and preparation of final written report and presentation to management staff The Scope of Work and the final report will be completed within 120 days from commencement of the work start date 10 l EXHIBIT "C" FEESCHEDULE Consultant Hourly Rate $125/hour Staff/stakeholder interviews; strategic plan collaboration, ongoing meetings with staff Document review/analysts Report writing Travel expenses (time) Report editing/formatting/printing costs Total travel expenses (estimate) 100 hours $12,500 60 hours $7,500 80 hours $10,000 40 hours $5,000 $2,500 $2,500 PS 1 1 (4118) *Travel expenses Actual costs inclusive of roundtrip travel from the SF Bay area to Redlands (4 hour minimum travel time airfare, airport transportation, rental cars, personal vehicle mileage, hotel/lodging. Total project cost not to exceed $40,000 11 P5 1 1 (4/18) EXHIBIT 'T" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance, I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are tide and correct. Krems Consulting By o ph Kreins 12 Date 0