HomeMy WebLinkAboutStaff Report 232-07City of Palo
7City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
MAY 7, 2007 CMR:232:07
TRANSMITTAL OF POLICE AUDITOR INTERIM REPORT
RECOMMENDATIONS
Staffrecommends that Council accept the attached interim report provided by the Police Auditor.
DISCUSSION
On March 13, 2006, the City Council voted to institute a one-year trial period for a contract Police
Auditor. After a Request for Proposal process, the Council selected Michael J. Gennaco and Robert
Miller of the OIR Group. The Council approved the agreement with OIR on August 7, 2006. As part of
the agreement (Attachment A), Council requested the Auditor to provide a semi-annual report
summarizing its findings and reporting on each investigation and disposition. Attached is a copy of the
Auditor’s report.
Police staff has found the Auditor to be knowledgeable, accessible, objective, and very easy to work
with. Staff has agreed with all of the suggestions made by the Auditor. It should be noted that
complaint investigations involving Police Department SE1U employees have not been reviewed with the
Auditor as Council direction was focused on investigations of misconduct involving sworn personnel.
If the Council decides that investigations on SEIU employees should be reviewed by the Auditor, staff
will need to meet and confer with Union representatives prior to implementing that direction.
RESOURCE IMPACT
The agreement with OIR Group is in the amount not to exceed $19,936. To date, $5,679 has been
expended, not including the separate agreement for the work Mr. Gennaco has provided relative to the
Taser Task Force.
POLICY IMPLICATIONS
This report is consistent with City policies.
CMR:232:07 Page 1 of 2
ATTACHMENTS ......
Attachment A
PREPARED BY:
DEPARTMENT HEAD:
Copy of Agreement between City of Palo Alto and OIR Group
LYNNE JOHNSON
Police Chief
LYNNE JOHNSON
Police Chief
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:232:07 Page 2 of 2
POLICE AUDITOR’S INTERIM
REPORT
Presented to the Honorable City Council
City of Palo Alto
May 7, 2007
Prepared by Michael Gennaco
and Robert Miller
OIR Group
323-890-5425
www.laoir.com
Palo Alto Police Auditor Interim Report
I. City of Palo Aito’s Decision and Mandate to OIR
In 2006, the Palo Alto City Council resolved to launch a pilot program to explore
the utility of an independent auditor for the Palo Alto Police Department. The
commitment to such a pilot program stemmed in part from an incident in 2003 involving
a use of significant force by two Palo Alto PD Officers. The officers contacted a 59 year
old man sitting in his car about whom they had received complaints. When the man
would not show his hands and appeared to be reaching under the car seat, the two officers
pulled him from the vehicle. In the ensuing struggle, they used O.C. spray and batons on
him, causing injuries. The arrestee was never charged with a crime. The incident was
reviewed by the Santa Clara County District Attorney’s Office, which decided to file
criminal charges of felony assault and misdemeanor battery under color of authority.
The trial ended in a mistrial resulting from a hung jury.. Subsequently, the two
officers pled no contest to an infraction of disturbing the peace. This resolved the case
but did not end the public discussion about police practices in Palo Alto and the influence
of race on policing. The man arrested by the officers was African-American; the officers
were Chinese-American. Nor did the trial fully dispel community concerns about
training, discipline, and the quality of internal affairs investigations within the Palo Alto
Police Department. An Internal Affairs investigation had cleared the two officers of
wrongdoing prior to the criminal trial. The City Council, in consultation with the City
Manager, the City Attorney, and the Chief of Police, decided to address the public’s
concerns and the fundamental issues of police conduct by contracting for services with "a
Police Department Auditor for a one-year trial period to review citizen complaints and
internal affairs investigations." [Request for Proposal No. 117566]
The City Council solicited competing proposals for the auditor project and
eventually selected Michael Gennaco and Robert Miller of the OIR Group in Los
Angeles County to be the police auditors for the contract year. The City mandated that
the auditor perform the following tasks during the course of the one-year project:
1. Review citizen complaint investigations of misconduct.
2. Review internal affairs investigations.
3. Receive citizen complaints directly if requested.
4. Make recommendations to the Chief of Police regarding the course and plan of
investigations and any dispositions deriving from those investigations.
5. Meet with the City Council twice to discuss issues and provide reports.
6. Meet with the City Manager and the Chief of Police once a quarter to discuss
issues.
7. Provide two written reports analyzing trends and issues in citizen complaints.
II. OIR’s Methodology
A. Visits and Interviews: At the end of August 2006, the Auditor commenced a
series of meetings and conversations with Police Department personnel in order to gain
quickly a detailed understanding of the practices of the Department. This included
orientation meetings with Department executives both sworn and civilian, as well as with
representatives of the Palo Alto Peace Officers Association. We had an informative
meeting with the city attorney and conducted extensive interviews of Chief Johnson and
of the unit commander of Internal Affairs. During these interviews, we covered a number
of topics including:
¯Complaint intake methods of the Department
o Threshold for a citizen complaint investigation
¯ Mechanics of a citizen complaint investigation
° Anonymous complaints
° Internally generated complaints
¯Use of mediation
o Informal counseling memos in lieu of discipline
2
Thresholds for formal internal affairs investigations
Mechanics of internal affairs investigations
Responsibilities and findings of internal affairs investigators
Discipline decision-making
Skelly procedures in the Department
Investigation findings
Spectrum of disciplinary options
B. Review of PAPD Policy and Training Materials: During our early
interactions with Department supervisors, we asked for and promptly received copies of
Department organizational charts, the Police Department Policy Manual, and a wide
variety of training materials. We have reviewed these materials so that, as specific
incidents and investigations occur, we may assess whether the Department is following
its own policies and procedures.
C. Procedures established with PAPD for auditor’s oversight and
consultation: As a result of our discussions with the Chief of Police and the lieutenant in
charge of Internal Affairs, we devised working protocols with the Police Department
regarding notice and forwarding of information. We emphasized that, in order for the
auditing role to be effective, notice of complaints and investigations had to be
communicated in a timely fashion. We are able to report that, in almost all cases, we
have received timely notification from the Department of complaints and investigations
of those complaints. As a result, as discussed in further detail below, we have been able
to play a role in helping shape Departmental response to those complaints in a
meaningful way.
D. Meetings with Chief of Police, City Manager and City Council: After the
initial series of meetings, we have continued to dialogue through in-person meetings,
telephonic communications, and e-mails regularly with the Chief of Police and those
personnel responsible for conducting complaint investigations and reviews.
We have also met briefly with Council Member Cordell, the City Attorney and
the City Manager during the first few months of our role as police auditor. 1
III. Police Auditors’ General Assessment of PAPD’s Internal Affairs
Infrastructure
The Police Auditors have found that the Police Department is led by dedicated
and receptive managers, proud of their Department but interested in improvement.
Department members with whom we have spoken and worked are universally cordial and
generally candid. Shortly before our assignment as Police Auditor commenced, the
Department dedicated an experienced Lieutenant to take primary responsibility for
overseeing matters involving Internal Affairs. Prior to that decision, the Internal Affairs
investigations had been conducted by a small group of supervisors within the
Department, but there had been no one primarily assigned to coordinating complaints and
investigations. We found the decision made by the Department to be an appropriate and
forward-thinking dedication of resources to this vital area, which imparted stability and
consistency to the unit. The Internal Affairs unit commander has served as our primary
operational liaison with the Department. He has notified us of citizen complaints and IA
investigations and has timely complied with all our requests for information. He and the
Police Chief have been consistently receptive to our suggestions about investigation
direction and design.
More recently, as a result of this lieutenant needing to take an extended medical
leave from the Department, the Department has had to adjust to not having the "IA"
lieutenant available to coordinate complaint responses and investigations. While others
have pitched in admirably to assume those duties while the lieutenant has been out, there
1 Related to our contractual responsibilities as Police Auditor, Michael Gennaco is currently serving as
Chair of the Taser Task Force, a group of selected Palo Alto citizens entrusted with examining the potential
deployment of Tasers by the Palo Alto Police Department. While that assignment is still ongoing, the
experience in serving as Chair of the Task Force has increased the ability for the Police Auditor to dialogue
with members of the Task Force, other interested citizens of Palo Alto, and additional members of
thePolice Department and provided an opportunity to stay abreast of other developments in the Police
Department.
have been understandable challenges as a result of necessary personnel changes with
regard to the consistency of the Internal Affairs program.
As a result of these personnel deficits, both the Auditors and the Department have
had to work somewhat harder to ensure prompt notice and involvement by us in
reviewing complaints and investigations. It is essential for us to have timely notification
when a complaint is received in order for us to proceed with real-time monitoring. We
will continue to work with the Department to ensure timely notification in this regard.
IV. Complaints, Cases and Issues
1.Complaint of Racial Profiling - # C-2006-005
Synopsis: An officer issued a citation to a motorist for having no front license
plate. The motorist later complained at the station desk that he felt he had been racially
profiled, that is detained and cited because of he is African-American. This complaint
was referred to Internal Affairs and a synopsis of it was conveyed to the Auditor. In the
course of discussing the state of the evidence to date, we requested that the Department
do further investigation, namely a survey of the officer’s voluntary contacts with
motorists to help determine if there was a clear basis for concern over racial profiling.
As this Council is aware, Palo Alto patrol cars are outfitted with video/audio
cameras on their dashboards. This equipment creates a permanent video/audio record
that can be retrieved and reviewed. In this case, as part of the investigation and, at our
behest, the Police Department reviewed the contacts captured on tape of the police officer
complained of to learn whether there was any pattern of stops based on race. That
inquiry looked into other stops made by the police officer the day that the complainant
was stopped and the stops the officer made on another day. In addition, the Department
examined the citations prepared by the police officer to learn whether there was any
racial pattern to the officer’s activity. That review found no conclusive pattern of
discriminatory stops based on race or ethnicity.
There are at least two important lessons to be learned from this review that we
believe are worthy of comment. First, the willingness of this Council to fund and outfit
the City’s police cars with video/audio equipment provides a valuable evidence collection
tool that can either assist in corroborating or dispelling allegations of inappropriate
treatment by PAPD personnel. A complaint that a stop was racially based has in
particular been traditionally difficult to corroborate or dispel because there is usually little
tangible evidence from the stop itself to learn whether any particular stop was motivated
by race. However, by taking advantage of the tape recordings of other stops and
analyzing whether there has been a pattern over the course of several stops of racially
discriminatory treatment provides important tangible evidence that is helpful in
evaluating the allegation.
Secondly, that the Palo Alto Police Department agreed to act on our
recommendation and take advantage of that technology to investigate this racial profiling
allegation is a positive development and indicates receptivity to a broader based approach
to fact gathering. In this case, the result of the investigation is not so important as the
willingness of the Department to take advantage of available evidence to evaluate more
completely the behavior of its officer.
Recommendation: After conducting the additional investigation that we had
recommended, we agreed with the Department’s conclusion that there was no basis to
conclude that the officer had violated Department policy. We further recommended that
the Department use the procedures employed during this investigation as a model to
develop a standard protocol for investigating allegations of racial profiling. (See further
discussion below.)
Resolution/Correetive Action: The complainant was sent a letter explaining that
the Department had conducted an investigation of his complaint and indicating the result.
Additionally we have continued to confer with the Department over adopting a practical
systemic approach to investigating allegations of racial profiling that takes advantage of
the video/audio technology available to the Department. The Department has agreed that
standardizing procedures, especially those involving reviews of both taped and
documentary evidence of contacts and detentions, is appropriate and useful. The
Department has also agreed to develop a written protocol for this type of investigation
and is currently in the process of drafting it. We expect to have further input on the final
form of this protocol.
2.Complaint of False Statements and Omissions in Arrest Report - #C-2006-
010
Synopsis: In preparation for his vandalism trial, a defendant reviewed his arrest
report and complained that the arresting officer’s report omitted crucial facts about the
prosecution witnesses’ ability to observe the alleged crime. The complaint was referred
to Internal Affairs. IA informed the complainant that it could not open an investigation
that concerned the essential facts of a crime, while the crime was being prosecuted. The
complainant contacted the auditor directly and we agreed to confer with the Department
about the feasibility of proceeding with the complaint investigation.
Recommendation: The Auditor agreed with the Department that an active
investigation of this nature while the criminal case against the complainant was
progressing would be counterproductive and might interfere with the District Attorney’s
preparation for trial and with the pretrial discovery processes. It is problematic to
conduct an investigation into allegations that go directly to the integrity of the evidence
of the crime while that prosecution is ongoing. Moreover, the ongoing criminal
proceedings themselves provide a vehicle with which the complainant can attack and
address the concerns he has registered about the arrest report. Finally, if the criminal
proceedings uncover issues surrounding the allegations raised by the complainant~ that
information can become the basis with which the Department can review the allegations
without the attendant risk of compromising or unduly influencing the then-concluded
criminal proceedings.
That being said, we felt it important that the Department open an investigative file
in the matter but hold the investigation in abeyance until the resolution of the criminal
case in court, and that it inform the complainant in writing of its intentions. The
Department agreed with our recommendations and plan of action.
Resolution/Corrective Action: The Department informed the complainant of its
plan to hold the investigation in abeyance. The auditor also contacted the complainant
and explained this action and the underlying reasons for it. The investigation remains on
hold pending the criminal litigation.
3.Complaint of Discourtesy - # C-2006-011
Synopsis: In the course of the complainant’s dialogue with the Police
Department regarding the above complaint, the complainant felt that he was treated
rudely and dismissively by one of the supervisors he talked to. When he sought to file a
discourtesy complaint against the supervisor, the Department expressed reluctance to
proceed on this complaint at present for the same reasons that inhibited the investigation
in the above case. The Department discussed the matter with the auditor and the
complainant again contacted the auditor directly.
Recommendation: We concluded that there was no practical or legal bar to
proceeding immediately on the investigation of this second complaint because the alleged
misconduct was not dependent on nor intertwined with the underlying facts of the
complainant’s arrest. Since the allegation was segregable from the criminal proceedings,
we recommended that the Department proceed with the investigation.
Resolution/Corrective Action: The Department agreed with our
recommendation and the investigation as to the discourtesy allegation is currently under
way. The Auditor has explained to the complainant that some further del ay in this
investigation is unavoidable because one of the necessary witnesses was out on medical
leave for a few weeks.
4.Inquiry Regarding Witness Intimidation
Synopsis: The auditor was contacted by a witness in a pending criminal case who
believed she might be a victim of witness intimidation by one of the parties.
Recommendation: The auditor recommended that the Department interview the
complainant to determine whether there was some basis to initiate a witness intimidation
investigation or if there was any information that should be forwarded to the District
Attorney. We’ did not recommend that the Department open a formal complaint
investigation unless the information elicited from the complainant revealed colorable
allegations of misconduct by a department member.
Resolution/Corrective Action: A Department investigator took the
complainant’s information and researched the alleged libelous or intimidating material
and also contacted the District Attorney. Based on this information, Internal Affairs
concluded that there was no logical basis for a criminal investigation or for a misconduct
complaint investigation. The auditor concurred with this assessment and conveyed this
information to the complainant.
5.Criminal Investigation of Officer - # IA-2006-004
Synopsis: A citizen complained about off duty behavior by a sworn supervisor in
the Department that may have violated the invasion of privacy laws of California. The
Police Department concluded that the allegations made a criminal investigation
appropriate and turned the matter over to the police department where the alleged
violations of law had taken place. After documenting the intake interview of the
complainant, the Department monitored the progress of the criminal investigation in
preparation for completion of an administrative investigation following resolution of the
criminal case. The DA declined to file cri.minal charges. Meanwhile, the Palo Alto
Police Department conferred with the Auditor about investigation strategy and prepared
to interview witnesses and review the evidence. The Department was unable to complete
their investigation, however, because, a few days after the DA declined to file charges,
the subject supervisor resigned from the Police Department and could not be interviewed
by Internal Affairs.
Resolution: In view of the resignation and the inability to interview the subject,
the Department made no findings as to the administrative allegations against the subject.
The auditor concurred with this course of action, so long as the Department’s personnel
files reflect that the officer resigned while an Internal Affairs investigation was pending
against him.
6.Complaint Regarding Inadequate Response
Synopsis: A citizen contacted the auditor, saying that she was reluctant to make
her complaint directly to the Police Department because she did not trust them and felt
that the Department had designated her as someone whose requests and concerns could
be ignored because of her past physical and mental health problems. Specifically, she
complained that the Department had failed to provide adequate support for her efforts to
evict a violent lodger and have the lodger prosecuted. She also wanted to know if
charges had been filed against the lodger.
Recommendation We documented the information received from the
complainant and referred it to Internal Affairs. We requested and received copies of all
reports related to the recent lodger incident. We also had follow up conversations with
¯Internal Affairs regarding their investigation and subsequent contact with the
complainant.
Resolution/Corrective Action: We obtained the complainant’s requested
information about the status of any charges against the lodger and conveyed it to the
complainant. We also encouraged the complainant to speak directly with the unit
commander of Internal Affairs about her misgivings regarding the department. We later
learned that she did so and received an explanation that she found reasonable. We
concurred with the Department’s decision not to open a formal internal affairs
investigation.
7.Complaint Regarding Derogatory Comment
Synopsis: A complainant was cited for unlicensed driving and his car was towed.
He found the officer’s demeanor very professional throughout the process, until he
overheard the officer turn to another officer and refer to the complainant using an
ethnically demeaning slang term. Internal Affairs informed the Auditor of the complaint,
and then began to look into the matter immediately by retrieving the archived Mobile
Audio/Visual (MAV) system videotape. The unit commander of Internal Affairs invited
the complainant to come to the station and review the video evidence with him. Upon
review, the complainant and the Lieutenant agreed that the tape made it clear that the
officer had not said anything demeaning, but rather something that had sounded like an
offensive phrase. Internal Affairs also asked the subject officer’s supervisor to review the
videotape to confirm the complainant’s and IA’s conclusions.
Recommendation: The complainant said that he wanted to withdraw the
complaint based on the video recording. The Auditor suggested that it would be
preferable for Internal Affairs to document their complaint investigation as well as their
10
conclusion that the complaint was unfounded, as well as the complainant’s desire to
withdraw.
Resolution/Corrective Action: Internal Affairs will document the investigation
as suggested.
8.Complaint Regarding Inadequate Response
Synopsis: A community member contacted the Auditor because she felt that the
Police Department was unlikely to be receptive to her complaint. She alleged that she
has an extremely loud and disturbing neighbor who conducts band practice and loud
parties next door. She has called the police many times over the last three years. They
respond but do not resolve the situation. The complainant feels that the police are biased
in favor of the neighbor, and that, on one instance, a supervisor "laughed off" her
problem.
Recommendation: The Auditor took the information from the complainant,
conveyed it to Internal Affairs and requested that the Department investigate the
complaint and determine whether there have been previous offers of mediation facilitated
by the Department.
Resolution/Corrective Action: Investigation is still pending.
9.Complaint Regarding Allegation of False Report
Synopsis: The Auditor received a complaint directly, alleging that a police officer
falsely indicated that the complainant had been taken into custody pursuant to a private
person’s arrest. We reviewed the documentation provided by the complainant and found
no apparent detriment to the complainant as a result of this alleged "false" document.
Before our review could be completed, the complainant -- whohad filed a civil claim
against the Department based on the same allegations -- wished to withdraw his
complaint.
Determination: Because the complaint on its face did not reveal any violations of
policy or actions that resulted in any significant detriment to the complainant, the
complainant wished to pursue his concerns through the legal process, and the
complainant desired to withdraw the complaint, we did not pursue review of this
11
complaint after receiving notification of the complainant’s desire to withdraw his
complaint.
10.Complaint of Rude Conduct - # C-2006-007
Synopsis: A resident whose car had been towed from in front of his house due to
expired registration, complained that the officer who cited him had refused to listen to his
explanation and had behaved rudely. Internal Affairs investigated the complaint and
interviewed all relevant witnesses. Evidence of rudeness or mistreatment was
inconclusive and showed that there may have been miscommunication based on a
language barrier that exacerbated the complainant’s poor impression of the officer. The
officer had been unable to activate the audio component of the MAV system for all stops
that day.
Recommendation: The auditor was informed of this complaint after the
investigation had been completed, but agreed with the Department’s conclusion based on
the evidence. We suggested communications training for the officer and retraining in the
use of the MAV system. We agreed that the Department had already addressed both of
these issues.
Resolution/Corrective Action: The Department found the complaint
unsustained. Nevertheless, it designed a performance improvement plan for the officer
that included wearing a supplemental mobile digital voice recorder in future and
retraining on the operation of the MAV equipment. The officer will also receive a memo
from the Chief reminding him of the need to exercise good Communications and
diplomacy and to contact a supervisor when the opportunity to mediate a complaint at the
scene arises.
This is the only complaint reviewed so far during the audit period in which the
Auditor would have liked to see more timely give and take between the Department and
the Auditor. We chalk this up to the shuffling of personnel as a result of the medical
leave from the Internal Affairs liaison. More importantly, the Department was receptive
to our concerns about the lapse of timely notification that occurred in this case and has
resolved to ensure that future lapses between itself and the Auditor do not occur.
12
Complaint and Internal Affairs Investigations Reviewed by the Auditor
September 2006 through March 2007
Case No.
C-06-005
C-06-010
C-06-011
No #
IA-06-004
No #
Number
pending
Number
pendi.ng
No #
{Anonymous}
C-06-007
Investigation
Type
Citizen
Complaint
Citizen
Complaint
Citizen
Complaint
Informal Citizen
Complaint
Internal Affairs
Informal Citizen
Complaint
Citizen
Complaint
Citizen
Complaint
Citizen
Complaint
Citizen
Complaint
Allegation
Racial Profiling
False/incomplete
report
Discourtesy
Witness
intimidation
Invasion of privacy
Inadequate service
Derogatory remark
Inadequate service
False report
Discourtesy
Results of
Investigation
Not sustained
Investigation
in abeyance
until
disposition of
criminal case
Ongoing
No relevant
employee
misconduct
alleged
Inactivated
investigation
Investigation
inactivated
when citizen
satisfied with
information
Unfounded
Ongoing
Withdrawal of
complaint in
lieu of civil
claim
Not sustained
Resolution
Formalize
investigative protocol
Pending
Pending
No formal
investigation opened
Subject resigned
No formal
investigation
Withdrawal of
complaint -
documentation of
investigation
Pending
Complaint does not
point to policy
violation
Performance
improvement plan
for officer.
]3
V. Policy/Practices Revision
A. Public Complaint Form and P.C. 148.6:
Penal Code Section 148.6 made it a misdemeanor to knowingly file a false
complaint against a peace officer. The state statute required police departments to provide
a warning to complainants regarding the possibility of prosecution for making a false
complaint. In compliance with enactment of the law, the Palo Alto Police Department
placed the requisite warning on their citizen complaint forms. Many civil fights
advocates have been concerned that the warning may serve .to chill complainants from
exercising their right to make a complaint against peace officers.
In 2005, in United States v. Chaker, 428 F.3d 1215 (9th Cir. 2005) cert.
denied,126 S.Ct. 2023 (2006), the federal court of appeals found the statute to be
unconstitutional. However, Palo Alto PD had continued after that ruling to use complaint
forms with the Section 148.6 warning intact. Upon learning of this, we suggested to the
Department that, in order to comply with the Supreme Court’s ruling it should take action
to remove the PC 148.6 admonition from its citizen complaint form. The Department
agreed to confer with the City Attorney and subsequently made arrangements to redraft
their citizen complaint form without the 148.6 warning.
B. Design of Protocol to Investigate Bias-Based Policing Allegations: As noted
above, a recent allegation of bias-based policing was investigated in a manner that took
advantage of the video/audio capabilities of Departmental patrol cars to learn whether the
taped record of stops demonstrated any pattern of bias. We also noted above that the
Department has committed to developing a protocol so that future allegations of racial
profiling will be investigated systemically in the same way. We applaud the
Department’s forward thinking efforts to develop a protocol that takes advantage of its
technology and that can be used to help prove or dispel any patterns of bias-based
policing by its patrol officers.
14
VI. Auditing Function Limited to Peace Officers
The Department has interpreted our role as Police Auditor to be the review of
complaints and monitoring of investigations against sworn members. Accordingly, two
complaints that were lodged against civilian members of the Department were not
forwarded to us for review. While circumscribing our auditing role as "Police Auditor"
to sworn peace officers is a fair reading of our responsibilities, we would be prepared to
assume monitoring of complaints against non-sworn members of the Department should
the Council, the City Manager, the Chief, and!or the City Attorney feel it appropriate.
We await further direction on how to proceed with regard to this issue.
VII. Interim Assessment of PAPD’s Response to Citizen Complaints
The distinctive feature evidenced by the citizen complaints and internal affairs
investigations reviewed by the auditor is their low number. The complaint investigation
total and the Internal Affairs investigation total since the commencement of the trial
period are down from the previous five year averages of 19 and 7.5, respectively, even if
the current numbers to date are extrapolated out to a full year level. This downward trend
may show that past and ongoing efforts by the Police Department to be more responsive
to public complaints are having a beneficial effect or giving more satisfaction to the
general public regarding the performance of Department members. Conversely, it could
simply constitute a normal statistical variation. In any case, we are consequently
reluctant at this point to opine about trends or patterns that emerge from the small pool of
examples.
The internal affairs function within the Department took a significant step forward
a year and a half ago with the designation of a dedicated IA team. Previously,
investigations were assigned to any available sergeant or lieutenant within the
15
Department. We expect that the creation of an IA team will help ensure the necessary
level of experience and professionalism to pursue this important function.
As noted above, the Department’s Internal Affairs infrastructure has faced some
obstacles to continuity and momentum this year due to illness and injury of key
persolmel. While IA has remained responsive to the Auditor’s inquiries and suggestions,
the temporary departure of the Department’s Auditor liaison caused us to receive notice
of at least one complaint too late in the process. We have brought this to the attention of
the Department and we expect that they will adjust their protocols accordingly. In our
view, and consistent with our review model, it is imperative for us to have timely notice
for us to be able to achieve any meaningful impact on the Department’s review and
investigation of complaints. We will continue to keep the Chief and Council abreast of
the Department’s compliance record regarding its agreed commitment to
contemporaneous notification Of receipt of complaints so that we may fulfill our
contractual responsibilities as Police Auditors.
CONCLUSION
As stated above, we have been impressed with the Palo Alto Police Department’s
willingness, under the leadership of Chief Johnson, to work toward achieving a symbiotic
relationship between the Auditor and the Department. We have found the Department
receptive to our involvement as outside reviewers of the way it has handled complaints
and investigations. We believe this receptivity to oversight and transparency is probative
evidence of the forward thinking in policing evinced by the Chief and the fellow
members of her Department.
16
~G,-14-2006 MON 06:26 PM OITY fiTTORNEYS OFFIOE NO, 030
A~TACHHENT A
P. 02
CITY OF PALO ALTO
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
OFFICE OF INDEPENDENT R~VIEW (~OIR GROUP")
FOR PROFESSIONAL SERVICES
(.Police Auditor)
between the CITY OF PALe ALTO, a chartered c£ty and a municipal
corporation of the State of California ("CITY"), Michael J. Gennaco
and Robert Miller doing business as Office of Independent Review,
located at 4900 South Eastern Avenue, Suite 204, Commerce,
California 90040 (collectively referred tO as "CONSULTANT"),
RECITALS
Thefollowing recitals are a substantive portion of this
Agreement.
A. CITY desires to enqage a consultant to perform auditing
services for the City’s Police Department.
B. CONSULTANT has represented that it has the necessary
professional expertise, qualifications, and capability, and all
required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage
CONSULTANT to provide the Services as more fully described in
Exhibit ’~A", attached to and made a part of this Agreement.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and .conditions, this Agreement, the parties
agree:
AGREEMENT
Section 1. SCOPE OF,~ERVICE~So CONSULTANT shall perform the Services
describ~O in Exhibit "A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall be to the reasonable satisfaction of CITY.
SECTION 2, TERM. The term of this Agreement shall be for one (I)
year from the date of its full execution unless terminated earlier
pursuant to Section 20 of this Agreement.
SECTION 3. SCHEDULE....OF PERFORMANCE. Time is of the essence in the
performance of Services under this~Agreement. Any Services for
which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT within the term of
0607~ ~ 8260295
1
shall be commenced and completed by CONSULTANT within theterm of
this agreement in a reasonably prompt and timely manner .based upon
the circumstances and direction communicated to the CONSULTANT.
Any agreement by City to extend the term or the schedule for
performance must be given in writing prior to the expiration of
this Agreement and shall not preclude recovery of damages for delay
if the extension is required due to the fault of CONSULTANT.
SECTION_4~,..,~pT T~~_OM~..~SA~ION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses, shall not exceed nineteen thousand nine
hundred thirty-six dollars ($19,936.00). The applicable rates and
schedule of payment are set out in Exhibit "B", entitled
"’COMPENSATION," which is attached to and made a part of this
Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit "C". CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary .for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit "A".
.~TION 5. INVOICES. In order to request payment, CONSULTANT shall
submit monthly invoices to the CITY describing the services
performed, and the applicable charges (including an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "B"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY.
SECTION 6. Qq~.AL~_IFICATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
technical personnel necessary to perform the Services required by
this Agreement and that the personnel have sufficient skill and
experience to perform the Services assigned to them. CONSULTANT
represents that it~ its employees and subconsultants have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this
agreement shall meet the professional standard and quality that
prevail among professionals in the same discipline and of similar
knowledge and skill engaged in related work throughout California
under the same or simila~ circumstances.
~UG-07-2006 MON 09:49 ~M OITY ATTORNEYS OFFICE Fh× NO, 030 P, 04
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep i~self
informed of and in complia~- w~th all federal, state and local
laws, ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Serv±ces under this Agreement. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and
give al! notices required by law in the performance of the
Services.
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to all applicable codes, rules,
regulations and guidelines that are in force at the time such
documentation is prepared.
SECTION 8. ERRORS/OMiSSIONS. CONSULTANT shall correct, at no cost
to CITY, any and all errors, omissions, or .ambiguities in the work
product submitted to CITY, provided CITY gives notice to
CONSULTANT.
SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to
furnish labor and/or materials under this Agreement, shall act as
and be an independent contractor and not an agent or employee of
the CITY. The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express
terms of this Agreement.
CONSULTANT will be responsible for employing Or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shall be responsible
for their performance.
SECTION I0. ASSIGNiNg. The parties agree that the expertise and
experience of CONSULTANT are material considerations for this
Agreement. CONSULTANT shall not assign or transfer any interest in
this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be consent
to~ any subsequent assignment. Any assignment made without the
approval of the city manager will be void.
SECTION II. SUBCONTRACTING. CONSULTANT shall not subcontract any
portion of the work to be performed under this Agreement without
the prior written authorization of the city manager or designee.
060726 ~ 8260295
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AUG-07-2006 NON 09:49 fiH OITY ATTORNEYS OVFIOE Ffi× NO, 030 P, 05
SECTION 12. PROJECT ~ANAGEIKENT. CONSULTANT will assign Michael J.
Gennaco as the project director to have supervisory responsibility
for the performance, progress, and execution of the Services. If
circumstances or conditions subsequent to the execution of this
Agreement cause the substitution of the project director or any
other key personnel for any reason, the appointment of a substitute
project director and the assignment of any key new or replacement
personnel will be subject to the prior written approval of the
CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the
Services in an acceptable manner, are uncooperative, orpresent a
threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property.
The cit~ manager will represent CITY for all purposes.under this
Agreement. The City’s Police Chief, Lynne Johnson, is designated as
the project manager for the CITY. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress
and execution of the Services. The CITY may designate an alternate
project manager from time to time.
SECTION 13. DUTIES of CITY. To assist CONSULTANT in theperformance
of the Services, CITY will furnish or cause to be furnished the
specified services and/or documents described in Exhibit "A" and
such other available information as may be reasonably requested by
CONSULTTtNT.
SECTION 14. OWNERSHIP OF MATERIALS. Al~ drawings, plans, reports,
specifications, calculations, documents, other materials and
copyright interests developed or discovered by CONSULTANT or any
other person engaged directly or indirectly by CONSULTANT to
perform the services required hereunder ~shall be and remain the
property of CITY without restriction or limitation upon their use.
Neither CONSULTANT nor its contractors, if any, shall make any of
such materials available to any individual or organization without
the prior written approval of the city manager Or designee.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Agreement.
SECTION 16...,~N~..EMNITY. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY,
its Council members, officers, employees and agents (each an
"Indemnified Party") from and against any and all demands, claims,
or~ liability of any nature, including death or injury to any
person, property damage or any other loss, including all costs and
060726 c~ 8260295
expenses of whatever nature including attorneys fees, experts fees,
cour~ costs and disbursements ("Claims") to the extent that such
Claims result from, arise out of or are in any manner related to
any negligent ac~ or omission or the willful misconduct, whether
active or passive, of CONSULTANT, its officers, employees, agents
or contractors in the performance of this Agreement.
The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The
provisions of this Section 16 shall survive the expiration or early
termination of this Agreement.
.SECTION 17. WAIVERS. The waiver by either party of any breachor
violation of any covenant, term, condition or provision o2 this
Agreement, or of the provisions of any ord£nance or law, will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any. other term, covenant, condition,
provision, ordinance Or law.
SECTION 18. INSURANCE.
18.1.CONSULTANT, at its sole cost and expense, shall
obtaln and maintain, in full force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any,-shall obtain a policy
endorsement naming the City of Palo Alto as an- addiTional insured
under any general liability or automobile policy or policies.
18.2.All insurance coverage required hereunder shall
be provided through carriers with Best’s Key Rating Guide ratings
of A-:V[~ or higher which are admitted to transact insurance
business in the State of Cal£fornia. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of
this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
18.3.Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance
is primary coverage and will not be canceled, or materially reduced
in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the
cancellation or modification, CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing Manager during the entire term of
This Agreement.
18.4. The procuring of such required policy or
policies of insurance will not be construed to limit CONSULTANT’s
060726 ~s 8"260295
~UG-07-2006 MON 09:49 hM OITY hTTORNEYS OFFICE FB× NO, 030 P, 07
liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of
insurance, CONSULTANT will be obligated for the full and total
amount of any damage, injury, or loss caused by or directly arising
as a result of the Services performed under this Agreement,
including such damage, in3ury, or loss arising after the Agresment
is terminated or the term has expired.
SECTION 19. WORKERS’ CO~PENSATION. CONSULTANT, by executing this
Agreement, certifies that it is aware of the provisions of the
Labor Code of the State of California which require.every employer
to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of ~hat
Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performanceof the
Services.
SECTION 20. TERMINATIONOR SUSPENSION OF AGREEMENT OR SERVICES.
20.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate, this Agreement,
with or without cause,by giving ten (i0) days’ prior .written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
20.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (10) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
20.3.Upon such suspension or termination, CONSULTANT
shall deliver to the City Manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONSULTANT or its contractors, if
any, or given to CONSULTANT or its contractors, if any, in
connection with this Agreement. Such materiais will become the
property of CITY.
20.4.Upon such suspension or termination by CITY,
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., I0 days after giving notice) of
suspension or termination; provided, however, if this Agreement is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY as such determination may be made by the City Manager acting
in the reasonable exercise of his/her discretion.
20.5. No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part of
hUG-07-2006 MON 09:60 hM OITY hTTOR~EYS OFFIOE FfiX NO, 030 P, 08
CITY of any of its rights under this Agreement.
SECTION 21,NOTICES.
All notices hereunder will be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
With a copy ~o the Purchasing Manager.
To CONSULTANT: Attention of the Projec~ Director
at the address of CONSULTANT recited above
SECTION 22. CONFLICT OF INTEREST
22.1.in accepting this Agreement, CONSULTANT
covenants that it presently has no interest, and will non acquire
any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
22.2.CONSULTANT further covenants that, in the
performance of this Agreement, it will not employ subconsultants,
contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial
interest under this Agreement is an officer or employee of CITY;
this provision will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of Californla.
22.3.If the Project Manager determines that
CONSULTANT is a "Consultant" as that ~erm is defined by the
Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees no file the appropriate financial
disclosure documents required by the Palo Alto Municipal Code and
the Political Reform Act.
SECTION 23. NONDISCRIMINATIOn:,. As set forth in Palo Al~o Municipal
Code section 2.30.510, CONSULTANT agrees that in the performance of
this Agreement, it shall not discriminate in the employment of any
person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or-height of such
person. CONSULTANT acknowledges that it has read and understands
the provisions of Chapter 2.28 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for
violation thereof, and agrees to meet all requirements of Chapter
2.28 pertaining to nondiscrimination in employment, including
completing the form furnished by CITY and set forth in Exhibit "E"
0607~6 ~ 8260295
hUG-07-2006 MON 09:~0 hM OITY ~TTORNEYS OFFIOE Ffi× NO, 0~0 P. 09
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of
~the State of California. ~
24.2.In the event that an action is. brought, the
par~ies agree that trial of such action will be vested exclusively
in the state courts of California or in the United States D±strict
Court for the Northern District of California in the County of
Santa Clara, State of California.
24.3.The prevailing party in any action brought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
24.4.This document represents the entire and
in%egrated agreement between the parties and supersedes, all prior
negotiations, representations, and contracts, either written or
oral. This document may be amended only by a written instrument,
which is signed by the parties.
24.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
24.6.If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
24.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorporated in
this Agreement and will be deemed to be a part of this Agreement.
24.8.This Agreement is subject to the fiscal
provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds
are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only
appropriated for a poztion of the fiscal year and funds for this
Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
060726 ~ 8260295
8
AUG-O¥-2006 MON 09:50 ~M CITY ATTORNEYS OFFICE FAX NO, 030 P, 10
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
firs~ above written.
APPROVED AS TO FORM:
Deputy y ~n~" City Man~r
APPKOVED :
Services /
OIR GROUP
Title:
By:
Name:
Title:
Taxpayer Identification No.
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C"
EXHIBIT "D":
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contrac~ is signed is a corporation.
In the alternative, ~ certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
SCOPE OF WORK
COMPENSATION
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
060726 cs g"260295
fiUG-07-2006 MON 10~44 tim OITY fiTTORNEYS OFFIOE Ffi× NO. 030 P. 11
EXHIBIT ~A"
SCOPE OF SERVICES
Consultant shall perform the following services:
Organizational Culture, Practices and Policies
First, Consultant will review Palo Alto ~olice Department
written policies and training materials pertinent to ~internal
affairs and to intake and investigation of citizen complaints.
Second, Consultant will me~t with the Police Chief,
thePersonnel & Training Coordinator, and other knowledgeable
personnel within the Police Department to rapidly develop a
thorough understanding of its.existing practices concerning citizen
complaints and misconduct investigations.
Citizen Complaints
Intake - The Consultant will arrange to receive an e-mail
synopsis of each citizen complaint within three (3) working days of
the date the complaint is originally made. Consultantwill then
converse with the intake officer by telephone to clarify the nature
of the complaint.
Initial investigation - As soon as an investigator is
assigned to the citizen complaint, Consultant will confer with the
Personnel & Training Coordinator by telephone and discuss the
investigative plan.
Follow up - Consultant will confer with the Personnel &
Training Coordinator within two weeks of the original complaint to
evaluste results and determine whether further investigation is
necessary.
Disposition -When the investigation is complete,
Consultant will confer with the Police Chief to recommend a
disposition or to resolve any issues about process not previously
resolved.
Status and tracking -- Consultant will track case status
and disposition on an updated~chart and will include current charts
in all reports.
Meet to discuss trends -~ Consultant will meet quarterly
with the City Manager and Police Chief to present current tracking
charts and discuss citizen complaint trends, procedural problems
identified and any potential policy issues.
Semi-Annuai Reports -- Cumulative tracking charts and
060~6 ~ ~60295
1
~UG-07-2006 MON 10:44 RM OITY ~TTORNEYS OFFIOE F~× NO, 030 P. 12
findings as to identified trends will be included in semi-annual
reports.
¯ Internal Affairs Investigations
Decision to in±tiate investigation- Consultant will confer
with the police department execut&ve who requests the investigation
to consider criminal and administrative implications, potential
policy violations, and investigative priorities.
Investigation plan -Consultant will discuss the
investigation plan with the Personnel & Training Coordinator and
arrange for a mutually convenient way to update Consultant on the
progress of the investigation.
Follow up; Additional investigation - Consultant will
confer with the Personnel & Training Coordinator periodically to
evaluate results and determine whether further investigation is
necessary. When appropriate, Consultant will request further
investigation from the investigator and/or the investigator’s chain
of command.
Disposition -When the investigation is complete,
Consultant will review the file and then confer with the Police
Chief to recommend a change of disposition, if needed, or to
resolve any issues about process not previously resolved.
Status and tracking - Consultant will track case status
and disposition on an updated chart and will include current charts
in all reports.
Meet to discuss trends - Consultants will meeE quarterly
with the City Manager and Police Chief to present current tracking
charts and discuss citizen complaint trends, procedural problems
identified and any potential policy issues.
Reports_
Consultant will produce two reports during the year
summarizing its findings an4 reporting in detail on each
investigation and disposition. It will meet with the City Council
to present each report and discuss any issues or questions raised.
Prior to finalizing each report it is Consultant’s practice to
discuss significant identified problems and recommendations that
the report will contain with the. Police Department and the City
Manager. Consultant will solicit the Police Department’s response
and attempt to reach a consensus as to solutions. Consultant will
document the Department’s efforts in its reports.
060726 cs ~260295
2
fiUG-O7-2006 MON 09:60 tim CITY fiTTORNEY$ OFFICE Ffi× NO, 030 P, 12
EXHIBIT "B"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services
performed in accordance with the terms and conditions of this Agreement,and as set
forth in the budget schedule below, Compensation shall be calculated based on
Consultant’s hourly billing rates up to the not to exceed budget amount for.each task
set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses, including
travel, shall not exceed $19,936.00, Travel expenses shall be a portion of the total
compensation and shall not exceed $1,260.00. CONSULTANT agrees to complete
all Services, including reimbursable and travel expenses, within these amounts. Any
work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost
to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and
budgeted below. The CITY’s Project Manager may approve in writing the transfer of
budget amounts between any of the tasks or categories listed below provided the
total compensation for Basic Services, including reimbursable expenses, does not
exceed $19,936.00, and travel expenses as a portion of that total compensation do
not exceed $1,260.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 Total $ ........1,710,00
Travel as a portion of total $ ....360.00
(Review Department wdtten policies and training materials and meet with Police
Chief, unit commander of internal affairs and other knowledgeable personnel re:
Department policies, practices, and culture.)
Task 2 Total $ 5,390.00
Travel as a portion of.total $ ...... none
(Review intake, investigation, and disposition of an estimated 16 to 22 citizen
complaints)
Task 3 Total $ ....~582.00
Travel as.a portion of total $..none
(Internal Affairs investigation planning, monitoring, evaluation
recommendations for an estimated 6 to 9 investigations.)
and
Task 4 Total $4_, 174.50Travel as a portion of total $900.00
(Meet with City Manager & Police Chief quarterly and with City Council semi,
annually.) ~-
060726 ~ 8260295
flOG-07-2006 MON 09:50 AM OITY fiTTORNEYS OFFIOE Ffi× NO, 030 P, 13
Task; 5 Total $
Travel as a portion of total $
(Two semi-annual reports.)
Sub-total TaskServices
Sub-total Travel Expenses
(as a portion of Basic Services)
Total Basic Services and Travel expenses
.3.,o8o.oo
none
$_18,676.00_
$ 1 260
$ 19,936.00
Maximum Total Compensation $t9,936.00
Attachment B
Certification of Nondiscrimination
ks suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
;ertify that they do not discriminate in employment of any person because of race, skin color,
lender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
narital status, familial status, weight or height of such person; that they are in compliance with all
:ederal, State and local directives and executive orders regarding nondiscrimination in
=mployment.
1.If Proposer is INDIVIDUAL, sign~/~e,/~
Date:___jLu_z:m_ 1 2, 2 0 0 6 , ~, ,F~oposer s S~tgr~ ¯
N:[chae.]. O, . Genn~co;
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type Or print)
Date:Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
and
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are aL~thorized to execute same for and on behalfof said
CORPORATION.
Corporation Name (type or print)
By:.
Title:
By:_
Title:
Date:
Date: