HomeMy WebLinkAboutStaff Report 458-08City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 12
FROM:
DATE:
CITY MANAGER
DECEMBER 1, 2008
DEPARTMENT:CITY MANAGER’S OFFICE
CMR: 458:08
SUBJECT: Approval of an Amendment to Contract S07117566 with the Police Auditor
(OIR Group) to Add $20,000 for Evaluation of the Police Department’s Policy, Training,
Practices and Demographic Data Collection on Racial Profiling for a Total Not to Exceed
Amount of $72,000
RECOMMENDATION
Per previous Council direction, staff recommends that the Council approve the attached
amendment (Attachment A) with the Police Auditor (OIR Group) to add $20,000 to the existing
Police Auditor contract to evaluate the Police Department’s policy, training, practices and
demographic data collection on racial profiling for a total not to exceed contract amount of
$72,000. Staff also recommends that the Council authorize use of funds from the Council
contingency to pay for this review.
DISCUSSION
In response to comments made by the Police Chief at a community meeting on October 30, 2008,
the City Council adopted a resolution on November 10, 2008 condemning racial profiling and
reaffirming a policy of zero tolerance for this practice. In that resolution, the Council committed
to contracting with independent Police Auditor Michael Gennaco to review the Police
Department’s policy, training, practices, and demographic profile data regarding racial profiling.
The City Manager has met with Mr. Gennaco to discuss the review and recommended contract
amendment. In Mr. Gennaco’s role as independent Police Auditor, he will present a report to the
Council with his findings and recommendations. Maintaining flexibility in the scope of services
is important to allow Mr. Gennaco the opportunity to evaluate the variety of different
components of this issue within the department and to make recommendations as appropriate.
The Police Auditor will be acting independently in this review. The City Manager will act as
staff coordinator on behalf of the Council.
CMR:458:08 Page 1 of 2
It is expected that Mr. Gelmaco will provide an interim report to Council within 75 days of
beginning his review. That interim report will provide information on the evaluation design and
initial findings, and will pr6~ide an estimate of the final report schedule and cost.
RESOURCE IMPACT
This not to exceed amount for the racial profiling policy evaluation is $20,000. There are
currently funds available in the Council contingency account to cover the cost of the amendment.
POLICY IMPLICATIONS
This report and recommendations are consistent with current Council policy.
ENVlROMENTAL REVIEW
This is not an action requiring review under the California Environmental Quality Act (CEQA).
Attachments:
Attachment A:Draft Amendment to Contract with OIR Group
PREPARED BY:
CITY MANAGER APPROVAL:
Kelly Morariu
Interim Deputy City Manager
J~iM~S KEENE
CWy Manager
CMR:458:08 Page 2 of 2
Attachment A
AMENDMENT NO. ONE TO CONTRACT NO. S07117566
BETWEEN THE CITY OF PALO ALTO AND
OIR GROUP FOR PROFESSIONAL SERVICES
This Amendment No. One to Contract No. S07117566 ("Contract") is entered into
2008, by and between the CITY OF PALO ALTO, a California chartered
municipal corporation ("CITY"), and Michael J. Gennaco and Robert Miller doing business as OIR
Group, located at 4900 South Eastern Avenue, Suite 204, Commerce, California 90040 (collectively
referred to as "CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the parties for the provision of
auditing services for the City’s Police Department ("Services"); and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, an~t
provisions of this Amendment, the parties agree:
SECTION 1. Section 1 is hereby amended to read as follows:
"SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the
Services described in Exhibits "A" and "A-I" in accordance with the terms and
conditions contained in this Agreement. The performance of all Services shall be to
the reasonablesatisfaction of CITY."
SECTION 2. Section 4 is hereby amended to read as follows:
"SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be
paid to CONSULTANT for performance 0fthe Services described in Exhibit "A,"
including both payment for professional services and reimbursable expenses, shall
not exceed a total of seventy-two thousand dollars ($72,000.00). 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 "B". 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"."
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SECTION 3. The following exhibits to the Contract is/are hereby added and
amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full
by this reference:
a.Exhibit "A-I" entitled "Scope of Services - Racial Profiling Review".
b.Exhibit "B" entitled "Compensation".
SECTION 4. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
1N WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
APPROVED AS TO FORM:CITY OF PALO ALTO
Deputy City Attorney
APPROVED:
City Manager
[CONSULTANT FIRM]
Director of Administrative Services
Insurance Review
By:
Name:
Title:
By:
Name:
Title:
Taxpayer Identification No.
Attachments:
EXHIBIT "A-1 ":
EXHIBIT "B":
SCOPE OF SERVICES - Racial Profiling Review
COMPENSATION
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Purposes
1.
EXHIBIT "A-I"
SCOPE OF SERVICES
Racial Profiling Review
Review Police Department’s policy, training, practices, and demographic profile data
collection regarding racial profiling.
Outcomes
1.Report to the City Council on findings from review and recommendations for follow up
action. An interim report within 75 days is expected.
2.Recommendations for any changes to Departmental procedures, policies, training,
internal supervision, and communication.
3. Recommendations for improvements to data collection and reporting procedures.
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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 hourly billing rate
for Michael Gennaco is $205.00 per hour and the hourly billing rate for Robert Miller is
$180.00 per hour.
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 $25,262.75. Travel expenses shall be a portion of the total compensation and
shall not exceed $2,400.00. 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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A-1" and reimbursable expenses, including travel, shall be calculated
based on Consultant’s hourly billing rates set forth above and shall not exceed twenty
thousand dollars $20,000.00. CONSULTANT agrees to complete all services described in
Exhibit "A-l" within this amount. 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 $25,262.75, and travel expenses
as a portion of that total compensation do not exceed $2,400.00.
ANNUAL BUDGET SCHEDULE ANNUAL NOT TO EXCEED AMOUNT
Task 1 Total $ 6,152.00
Travel as aportion of total , $ 480.00
(Review intake, investigation, and disposition of an estimated 16-22 citizen complaints per year;
monitor any related remedial action.)
Task 2 Total $ 5,856.25
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Travel as a portion of total $ 480.00
(Internal Affairs investigation planning, monitoring, evaluation and recommendations for an
estimated 5 investigations per year; monitor any related remedial action.)
Task 3 Total $ 5,800.00
Travel as a portion of total $ none
(Review Taser policy and training, review each Taser deployment (estimated 6 per year) to
determine if consistent with training and policy)
Task 4 Total $ 4,174.50
Travel as a portion of total $1,440.00
(Meet with City Manager & Police Chief quarterly and with City Council semiannually.)
Task 5
(Two semi-annual reports.)
Total $ 3,280.00
Travel as a portion of total $ none
Sub-total Annual Task Services
Sub-total Annual Travel Expenses
(as a portion of Basic Services)
Total Basic Services and Travel expenses per year
$ 25,262.75
$ 2,400.00
$ 25,262.75
Maximum Total Compensation for Basic Services for 2 v~ar contract term
Maximum Total Compensation for Services described in Exhibit "A-I"
Maximum Total Compensation, All Services
$ 526000.00
$ 20,000.00
$ 72,000.00
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