HomeMy WebLinkAboutStaff Report 5132
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
November 3, 2014
The Honorable City Council
Palo Alto, California
Approval of a Contract with Independent Police Auditor in the
Amount of $27,500 Per Year for a Period of 1 Year, with Possibility of
Renewal for up to Two Years, with Compensation Not to Exceed a
Total of $82,500
Recommendation
Staff recommends Council renew the City’s contract with its independent Police Department
Auditor, Michael Gennaco, of the Office of Independent Review.
Discussion
The City of Palo Alto has contracted for the past eight years with Michael Gennaco to act as an
Independent Police Auditor of the Palo Alto Police Department. The initial contract with Mr.
Gennaco, commenced in 2006 and has since expired.
In spring 2014, the City went out to bid for the contract. Four individuals submitte d proposals
in response to the City’s Request For Proposals (RFP). An evaluation committee consisting of
Molly Stump, City Attorney, Donna Grider, City Clerk, Kathryn Shen, Director of People, Strategy
and Operations, Community Leader Ray Bachetti, Los Altos Police Captain Andy Galea, and Palo
Alto Police Officer Association Representative James Reifschneider were on the selection
committee. All four applicants were invited to participate in oral interviews. The committee
carefully reviewed each individual’s qualifications and application materials in response to the
criteria identified in the RFP.
In July 2014, the evaluation committee unanimously selected Michael Gennaco of the Office of
Independent Review on the basis of the group’s extensive experi ence in the field.
Accordingly, Staff recommends that the City Council authorize the City Manager to renew the
contract with Mr. Gennaco for Fiscal Year 2015 for Independent Police Auditor Services. Staff
further recommends that the City Manager have th e delegate authority to renew such contract
for two additional one-year terms, for a total of three-years, through Fiscal Year 2017.
The total contract amount is $27,500 per annum, the same amount it has been since 2006.
Since the City began utilizing Mr. Gennaco’s services in 2006, he has maintained his hourly rate
of $215.
Under the terms of the contract, Mr. Gennaco’s group, Officer of Independent Review, will
continue to provide a bi-annual report for Council’s review.
Page 2
Resource Impact
The contract will cost the City $27,500 per annum. Funding is in the City Council Budget in
Fiscal Year 2015 for this contractual service and is subject to annual appropriations thereafter.
Policy Implications
The contract will further the City’s policy of promoting independent oversight of the police
department.
Environmental Review
Review under the California Environmental Quality Act is not required.
ATTACHMENTS:
Attachment A: OIR Contract (PDF)
Department Head: Donna Grider, City Clerk
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CITY OF PALO ALTO CONTRACT NO. C15153873
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
MICHAEL GENNACO AND STEPHEN CONNOLLY
FOR PROFESSIONAL SERVICES
INDEPENDENT POLICE AUDITOR
This Agreement is entered into on this 3rd day of November 2014, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and MICHAEL GENNACO AND STEPHEN CONNOLLY, as individuals, located at
7142 Trask Avenue, Playa del Rey, CA 90293, Telephone: (323) 849-7015 (“CONSULTANT”).
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to contract for independent Police audit services (“Project”) and desires to
engage a consultant to provide said services in connection with the Project (“Services”).
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.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
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 from the date of its full execution
through 08/31/2015 unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term
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of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSULTANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. 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 Twenty Seven
Thousand Five Hundred Dollars ($27,500.00). The CITY reserves the option to extend this
contract for two additional one year terms.
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 with the Scope of Services described in Exhibit “A”.
SECTION 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 “C-
1”). 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.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/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, if permitted, 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
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similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
an in compliance with 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 Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
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. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall be obligated to correct
any and all errors, omissions or ambiguities discovered prior to and during the course of
construction of the Project. This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
the submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. 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.
SECTION 11. ASSIGNMENT. 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 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 12. 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.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Michael Gennaco,
Email: Michael.gennaco@oirgroup.com, Telephone: (323) 849-7015, as the Director to have
supervisory responsibility for the performance, progress, and execution of the Services, and
Stephen Connolly, Email: Stephen.connolly@oirgroup.com, Telephone: (714) 834-5445, as the
Project Manager to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, 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 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, or represent
a threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City’s Project Manager is Donna Grider, Palo Alto City Clerk, c/o City Hall, 250 Hamilton
Avenue, 7th Floor, Palo Alto, CA 94301, (650) 329-2226. 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 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. 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. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
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. INDEMNITY.
16.1. 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
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and expenses of whatever nature including attorney’s fees, experts’ fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance
or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify and Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. 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 breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
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 obtain and maintain,
in full force and effect during the term of this Agreement, the insurance coverage
described in Exhibit "C". CONSULTANT and its contractors, if any, shall obtain a
policy endorsement naming CITY 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 AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed
or authorized to transact insurance business in the State of California. 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. If the insurer cancels or modifies the insurance
and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall
provide the Purchasing Manager written notice of the cancellation or modification within
two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT
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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 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, injury, or loss arising after the Agreement is terminated or the term
has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. 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 (10)
days prior written notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY,
but only in the event of a substantial failure of performance by CITY.
19.3. 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 materials will become the property of CITY.
19.4. 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., 10 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. The following Sections will survive any
expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by
CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
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To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director at the address of CONSULTANT recited
above
SECTION 21. CONFLICT OF INTEREST.
21.1 In accepting this Agreement, CONSULTANT covenants that it presently has no
interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2 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 California.
21.3 If the Project Manager determines that CONSULTANT is a “Consultant” as that term
is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies 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 Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally
Preferred Purchasing policies which are available at the City’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste
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Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing
waste and third, recycling or composting waste. In particular, Consultant shall comply with the
following zero waste requirements:
• All printed materials provided by Consultant to City generated from a personal computer and
printer including but not limited to, proposals, quotes, invoices, reports, and public education
materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer
content paper, unless otherwise approved by the City’s Project Manager. Any submitted
materials printed by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the
City’s Environmental Purchasing Policy including but not limited to Extended Producer
Responsibility requirements for products and packaging. A copy of this policy is on file at the
Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the
City, for reuse or recycling. Consultant shall provide documentation from the facility accepting
the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION. 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 portion of the fiscal year and funds for this Agreement are no
longer available. This section shall take precedence in the event of a conflict with any other
covenant, term, condition, or provision of this Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action will
be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. 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. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated 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.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply to,
and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
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25.6. 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.
25.7. 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.
25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT
personal information as defined in California Civil Code section 1798.81.5(d) about a California
resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate
security procedures to protect that Personal Information, and shall inform City immediately upon
learning that there has been a breach in the security of the system or in the security of the
Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they have the
legal capacity and authority to do so on behalf of their respective legal entities.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO CONSULTANT
_____________________ _____________________
Purchasing Manager Michael Gennaco
APPROVED AS TO FORM:
_______________________
Asst. City Attorney
Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: COMPENSATION
EXHIBIT “C”: INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall perform the following services:
1. Citizen Complaints and Internal Affairs Investigations
Intake – The Consultant may receive citizen complaints directly. The Consultant will
forward a summary of the complaint and contact information for the complainant directly
to the department. If the department receives the complaint directly or initiates an
internal investigation, they will notify the Consultant within (3) working days with nature
of the allegation(s). The Department and the Consultant will review each citizen
complaint/internal investigation to determine whether a criminal component exits and
proceed accordingly.
Investigative Plan – As needed, the Consultant will discuss the investigative plan with the
Personnel & Training Coordinator and arrange for a mutually convenient way to update
Consultant on the progress of the investigation.
Review – The Consultant will review each citizen complaint and internal affairs
investigation to determine thoroughness, objectively and appropriateness of disposition
within (10) working days.
Follow-up – After reviewing the completed investigations, the Consultant will confer
with the Personnel & Training Coordinator to evaluate results and discuss any
suggestions for additional follow-up.
Disposition – When all aspects of the investigation are complete, the Consultant will
confer with the Police Chief to resolve any issues about the process, disposition or the
recommendations outlined in the investigation. Disposition shall be defined as
“Sustained”, “Not Sustained”, “Unfounded” or “Exonerated”.
Status and Tracking – The Consultant will track each case through its conclusion to
insure that each investigation is completed in a timely manner
Semi-Annual Reporting – Twice a year, the Consultant will produce a written report to
the City Manager and City Council. The report will contain a statistical breakdown of the
number of complaints/investigations and any developing trends. The report will also
contain the initial allegation(s), the findings and the number and type of
recommendations made to the Police Chief. The report will not contain any specific
information that would identify the involved officers either internally or externally.
Consultant Meetings – The Consultant will formally meet with the City Council, City
Manager and Police Chief twice a year in order to provide the report and discuss any
trends.
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2. Review Taser Deployment
The Consultant will be promptly notified of each Taser deployment. Once completed,
the Consultant will review the Use of Force investigation related to the use of the Taser.
The Consultant will make any recommendations on the investigation and findings. The
Consultant may also make recommendations to the Police Chief regarding training and
policy modifications.
The Consultant will include a brief summary of each Taser deployment in their semi-
annual report including the findings and any recommendations.
3. Transmittal of Reports
Consultant will produce two reports during the year summarizing its findings and
reporting on each investigation and disposition. It will produce reports which comply
with the Public Safety Officers Procedural Bill of Rights Act (“POBR), California
Government Code 3300 and California Penal Code 832.7. Consultant will provide a draft
of the report to the City Attorney’s Office and the Chief of Police of the Palo Alto Police
Department at least 14 days prior to its final submission for the purpose of review for
compliance with state law. Consultant will consider any suggestions from the City
Attorney’s Office and the Chief of Police regarding the information contained in the
report.
The Consultant will meet with the City Council to present each report and discuss any
issues or questions raised. Prior to finalizing each report, it shall be the Consultant’s
practice to discuss significant identified problems and recommendations with the Police
Department and the City Manager. Consultant will solicit the Police Department’s
response to the report’s analysis and attempt to reach a consensus as to
solutions. Consultant will document the Department’s investigation into the incident and
response to suggested solutions in its reports.
4. Definitions:
Sustained – There is sufficient credible evidence to believe that the subject officer
committed the act charged in the allegation and thereby engaged in misconduct.
Not Sustained – The available evidence is insufficient to determine whether the officer
did or did not commit misconduct.
Unfounded – There is sufficient credible evidence to believe that the subject officer did
not commit the alleged act.
Exonerated – the subject officer was found to have committed the act alleged but the
officer’s actions were determined to be lawful and proper.
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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 below. Compensation shall be calculated based on Consultant’s hourly billing rates
up to the not to exceed amount of the contract. The hourly billing rate for Michael Gennaco
is $215.00 per hour and the hourly billing rate for Stephen Connolly is $190.00 per hour.
The compensation to be paid to CONSULTANT under this Agreement for
all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall
not exceed $27,500 per year with a potential of extending it for two one-year periods. Travel
expenses shall be a portion of total compensation. CONSULTANT agrees to complete all
Services, including reimbursable and travel expenses, 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
below.
Task 1
Review, intake, investigation, and disposition of an estimated 16-22 citizen complaints per
year; monitor any related remedial action;
Task 2
Internal Affairs investigation planning, monitoring, evaluation and recommendations for an
estimated 5 investigations per year; monitor any related remedial action.
Task 3
Review Taser policy and training, review each Taser deployment, estimated at 6 per year, to
determine if consistent with training and policy.
Task 4
Meet with the City Manager and Police Chief quarterly and with City Council
semiannually.
Total Basic Services and Travel Expenses per year $27,500
Maximum Total Compensation per year $27,500
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which
CONSULTANT shall be reimbursed are:
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A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth herein. The additional services scope,
schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s
and CONSULTANT prior to commencement of the services. Payment for additional services is
subject to all requirements and restrictions in this Agreement
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EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS
ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
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A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE
TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL
PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A
TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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