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HomeMy WebLinkAbout106276 THE POLICE EXECUTIVE RESEARCH FORUM PERF - CONTRACT - RFP - P1057 ANALYSIS OF POLICE CAPACITY AND DEPLOYMENT OPTIONSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and The Police Executive Research Forum, hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence June 1, 2007 and shall continue in full force and effect until September 1, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: The Police Executive Research Forum City of Fort Collins, City Hall City of Fort Collins Attn: Craig Fraser Attn: Wendy Williams Attn: Purchasing 1120 Connecticut Ave NW Ste 930 300 LaPorte Ave PO Box 580 Washington DC 20036 Fort Collins, CO 80521 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services Standard Professional Services Agreement- rev 09/01/06 Structure • Using both currently accepted standards of police organizational theory and best practice as well as the unique policing needs of Fort Collins, PROFESSIONAL will make recommendations for an optimum organizational structure for the police department. This will include recommendations covering: o Evaluating the department's current rank structure. The analysis will include assessing the current number of managers and supervisors allocated for every level and function, and the authority provided at each level of the chain of command for accomplishing assigned work. o Documenting the delineation of command and supervisory responsibilities and the contact each manager has with subordinates. o Determining the availability and deployment of command and supervisory personnel by time of day and day of week. o Determining whether the organizational structure complies with professionally accepted practices, such as: unity of command; span of control; and the logical grouping of activities, functions and organizational components. o Providing recommendations for enhancements that may be justified in the future, in the event of additional staffing and/or modification of the organization structure. Report A first draft of the optimal distribution to the FCPD management will be delivered for review within 45 days or less of signing of contracts and the City's notification to proceed with the project. Milestone Payment # 3 — $20,000 PROFESSIONAL will develop a final draft of an optimal allocation within forty-five days of the City's transmittal of its comments and questions regarding the first draft. This written report will include complete documentation of findings and recommendations pertaining to all Deliverables. Presentations will be made as specified in the Request for Proposals. Final Payment on City's Acceptance of final work products -- $10,279 Standard Professional Services Agreement- rev 09/01/06 10 EXHIBIT "B" PROFESSIONAL anticipates the following time line for project completion. WEEK 1 213 4 5 6 7 8 911011 12 1314 TASK 1.1 Kick Off Meeting X * x x 1.2 Benchmark survey X X X X 1.3 Develop indicators parameters X X * * * 1.4 Project Advisory Group Meeting X * * * 2.1 Patrol staffing X X X X 2.2 Investigations staffing X X X X 2.3 Other units staffing X X X X 3.1 Recommend optimal staffing X X * * * 3.2 Recommend optimal organizational structure X X 3.3 Recommend sworn/civilian mix X X * * * 4. Draft Report X * * 5. Final Report * * X X X 6. Presentations * * * X X In order to meet the six week deadline to develop the draft report, PROFESSIONAL will perform a number of project activities simultaneously. The kick-off meeting with the City Manager and Police Department management will occur during the first week of the project. Study team members will also be on -site to conduct interviews and gather data for the second group of deliverables. Another first week task will be the development of the benchmark survey instrument_ The kick-off meeting will be used to confirm the items to include in the survey and the desired respondents. PROFESSIONAL's experience is that such surveys can sometimes take several weeks to complete. Because the results are needed to develop the parameters for the performance indicators for the Advisory Group, this meeting will be held the beginning of the fourth week of the project. The outcome of this meeting will then be used to finalize the optimal staffing recommendations which will have been "roughed in." PROFESSIONAL's timeline estimates three weeks for the police department to complete the response to the first draft. PROFESSIONAL will then create the final draft over a three week period once comments are received. The final two weeks in the timeline are reserved for presentations. Standard Professional Services Agreement- rev 09/01/06 11 r:lirantll• 1R391 1IIIT■1y'1d ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMID 05/23107D(YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The CIMA Companies, Inc. (CIM) 216 S. Peyton Street Alexandria, VA 22314 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 703 739-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED Police Executive Research Forum Suit Connecticut Avenue, NW Suite 930 Washington, DC 20036 INSURER A: Hartford Casualty Insurance Company 29424 INSURER R: Twin City Fire Insurance Company 29459 INSURER C: Hartford Underwriters Insurance Co. 30104 INSURER D: Chubb Group of Ins. Co. INSURER E: K.rr THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR IINSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE (MWDDtYYI LIMITS A GENERAL LIABILITY 42SBAKV7056 12/31/06 12/31/07 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F-X-1 OCCUR DAMAGE TO RENTEDPREMISE (Ea occurrencel MED EXP (Any one person) s300 000 $10 000 PERSONAL& ADV INJURY $2 000 000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s4,000,000 POLICY PECRO LOC T C AUTOMOBILE LIABILITY ANY AUTO 42UECUB7522 12/31/06 12/31/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY OCCUR Fx-] CLAIMS MADE 42SBAKV7056 12/31/06 12/31/07 EACH OCCURRENCE $1000000 AGGREGATE $1,000,000 DEDUCTIBLE X RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYFIR 42WECJR5547 12/31/06 12/31/07 WOCSLT MIT OTH- E.L. EACH ACCIDENT $1 O00000 ANY PROPRIETOR/PARTNER/EXECUTIVE Oyes, describe and EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER professional 81714743 01/31/07 01/31/08 1,000,00011,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S240800/M240045 D G 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ^�� ��� • �� Z of z ;F5z4Ut3UU/MZ4U045 rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Sixty Five Thousand Two Hundred Seventy Nine Dollars ($65,279). All such fees and costs shall not exceed Sixty Five Thousand Two Hundred Seventy Nine Dollars ($65,279). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services and milestones to be performed pursuant hereto according to Exhibit A consisting of four (4) pages, and incorporated herein by this reference. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and Standard Professional Services Agreement- rev 09/01/06 2 proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder forthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default Standard Professional Services Agreement- rev 09/01/06 3 remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Standard Professional Services Agreement- rev 09/01/06 4 C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued- D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO i By: 090_�t am s B. O'Neill II, CPPO, FNIGP Directo urchasing & Risk Management Standard Professional Services Agreement- rev 09/01/06 5 _ . 4L DATE: S ATTEST - City Clerk Attorney The Police Executive Research Forum By: 0Qbk,(u I✓V lJ G �J Title: Executive Director CORPORATE PRESIDENT OR VICE PRESIDENT Date: 21 May 2007 ATTEST: orporate Secretary (Corporate Seal) Standard Professional Services Agreement- rev 09/01/06 EXHIBIT "A" Scope of Work PROJECT APPROACH AND IMPLEMENTATION PROFESSIONAL will perform the following tasks in order to provide the City of Fort Collins with a Police Staffing Study that: 1. Helps to determine the appropriate level of staffing in Patrol, Traffic, Detectives, Administration, Dispatch, Records, Lab -Evidence for the Department to meet its staffing requirements; and 2. Helps develop deployment strategies that use staff in the most effective manner. Tasks to be Completed Establish Advisory Group and Performance Indicators • Meet with the City Manager and Police Chief to determine the make-up of the project advisory group, confirm the project approach and work plan and confirm the benchmark jurisdictions. • Conduct a benchmark survey of cities similar to Fort Collins to determine staffing ratios, business practices and use of technology. • Develop parameters for Ft. Collins police performance indicators. PROFESSIONAL will develop information for performance indicators as well as explore some additional measures of investigations performance. • Present the Project Advisory Group a "menu" of parameters for each indicator. These menus will combine benchmarks from other jurisdictions, historical data from Fort Collins, and PROFESSIONAL's knowledge of best practices in policing. The outcome of this meeting will be a set of performance expectations that will guide a determination of optimal staffing for the Fort Collins Police Department. Milestone Payment #1 -- $13,000 Patrol • Examine the department's current workload data, to determine actual patrol activity and to identify workload trends. To the extent permitted by the available data, determine the amount of time required to handle the current workload, with a focus on identifying committed time (time devoted to handling calls for service, self initiated activities and other uses) • Use the three years of FCPD workload data to examine trends in workload, annual averages, and a three year average. • Conduct a study of the average number of officers that are assigned to work in a patrol response capacity by shift and by day for each of the three years and the average number of officers that actually "show -up" to work in a patrol response Standard Professional Services Agreement- rev 09/01/06 7 capacity. This show -up rate will allow a determination of the absences that can be expected due to vacation, illness, training and other time lost to patrol response. • Assess frequency data regarding the FCPD's workload over the last three years, to assess the distribution of the workload by Police District; day of the week; and the time of day; and to provide an estimate of the total patrol staff requirements for FCPD under its current District and shift configurations, categorized by administrative, reactive, self -initiated, and uncommitted patrol time. The estimate will also include requirements for field supervision of patrol staff. • Determine what specific activities the department devotes to quality of life enhancement and what "quality, cost-effective services" are provided. These discretionary services are more indirect and often created by police initiatives in response to community conditions. • Determine the amount of resources the police department devotes to such activities as traffic enforcement and anti -vice, gang and drug enforcement. Investigations • Assess the police department's investigative capacity through an analysis of caseload and crime rates. The division of labor between the patrol and investigative functions will be examined to determine the extent to which the department's investigators are being used to maximize their effectiveness. Additionally, case management issues, especially those related to major cases will be identified and examined. • Examine investigative policies, including case -screening approaches; types of cases "worked" by case type; and other policies that have an impact on how time is allocated and the workload of investigative personnel will be conducted. • Determine the need for investigations support staffing. Consideration will be given to the use of civilian investigative aides and the level of technological support that is currently available. Other Units - PROFESSIONAL will assess staffing levels for units other than patrol and investigations including: • Traffic o Determine measures of traffic workload including collisions and citizen complaints about traffic. o Examine policies and practices regarding enforcement priorities and their relationship to collision reduction. o Examine traffic enforcement and accident investigation staffing, scheduling and allocation of personnel. • Administration o The workload and staffing for this function will depend on our analysis of other support and of direct operations staffing. Our recommendations might include organizational restructuring to enhance efficiency and mission accomplishment. Standard Professional Services Agreement- rev 09/01/06 8 • Dispatch o Examine the communications function to determine the workload related to call answering, call transfer to other departments/agencies and to dispatchers. Assess levels of dispatch traffic between Communications and the field, the impact of technology (mobile data computers and automatic vehicle locations systems) and requests by officers for information look -ups. o Examine the role of Communications and any resulting workload from telephone reporting, data entry, and training/certification requirements. • Records o Review the workload of the records function, to include workload related to report flow, security, data entry, records maintenance (retention and destruction), and records retrieval, both public and internal. Assess the level of technological support and field reporting. • Lab -Evidence o An assessment will be made of the volume and types of laboratory services including crime scene processing, evidence collection, storage and analysis, and arrestee and suspect identification procedures. • Other Specialized Functions o Assess the nature of each other specialty function performed within the department. Evaluate the need for each organizational component by determining what is actually being done and how that compares to legal mandates, organizational needs, and community expectations and how each contributes to effective policing initiatives. Milestone Payment #2 -- $22,000 Staffing Recommendations • Recommend how the organization should be optimally staffed and allocated for optimum effectiveness and efficiency. These recommendations will be designed so the department and city can replicate staffing formulae based on workload and policy decisions to estimate the impact that FCPD staffing and deployment alternatives have on level of service to the community. • Consider any information the City may provide regarding the potential reconfiguration of Police Districts. • Identify any areas where vital work is not being performed at optimal levels because of current staffing shortages, and work that is being performed that may not fit the department's current mission will be identifies. • Consider legal requirements, available potential candidates, training requirements and aspects of career development to recommend the optimum mix of sworn and civilian positions. Line, supervisory, management and executive level personnel will all be considered in this regard. Standard Professional Services Agreement- rev 09/01/06 9