HomeMy WebLinkAboutPSA - 21CP Solutions LLC - Review and Analysis of Police Dept Policies and Practices1316 COUNTY -CITY BUILDING 5
1 PHONE 574/ 235-9251
227 W.JEFFERSON BOULEVARD .W1
1�,ACC ,,'1 FAX 574/235-9171
SO[ ITH BEND_ INDIANA 46601-1930
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CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
October 22, 2019
Sean Smoot
21 CP Solutions, LLC
332 S. Michigan Ave., Suite 121-T615
Chicago, IL 60604-4434
RE: Professional Services Agreement
Dear Mr. Smoot:
The Board of Public Works, at its meeting held on October 22, 2019, approved the above
referenced agreement regarding the review and analysis of the Police Department policies
and practices in the amount of $178,970 plus 10% for reimbursable and overhead expenses.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely„
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
(844) 767-2127
21 CP SOLUTIONS, LLC
- 21 Si CENTURY POLICING, LLC -
332 S Michigan Ave
Suite 121 - T615
Chicago, Illinois 60604-4434
PROFESSIONAL SERVICES AGREEMENT
(844) SOS-21 CP
THIS AGREEMENT for professional services (the "Agreement") between the parties dated the
iday of October, 2019 (the "Ellcetive Date") is hereby entered into between 21CP Solutions,
LLC, with offices at 332 S. Michigan Avenue, Suite 121-T615, Chicago, Illinois, 60604-4434 (the
"Consultant" or "21CP") and the City of South Bend, IN, acting by and through its IT'S' . 1st.
Ll:> 'mwith offices at 227 W. Jefferson Blvd., Ste. 1400, South Bend, IN 46601
(the "City"), (each a "Party" and collectively the "Parties"), on the following terms and conditions:
WHEREAS, the City of South Bend Police Department ("Department") maintains certain policies,
procedures, trainings, and practices as these pertain the Department's "Use of Force;"
WHEREAS, the Mayor of the City of South Bend seeks to review the internal investigation and
disciplinary processes;
WHEREAS, the Mayor of the City of South Bend seeks an objective third -party representative to
undertake this task and provide feedback regarding what is being done well, and recommendations
for items that could be improved;
For and in consideration of the mutual covenants and promises contained herein, the Parties agree
as follows:
PROJECT OVERVIEW AND SERVICES
21CP will provide to the City the professional services (the "Services") set forth in 21CP's
proposal attached hereto as Exhibit A (the "Proposal"), which Proposal is incorporated herein. In
the event of any conflict between the terms of this Agreement and the terms of the Proposal, the
terms of this Agreement will prevail. 21CP will execute its obligations under this Agreement in
accordance with the prevailing professional standards for projects involving similar sensitive and
complex issues.
21CP will conduct an overall assessment of the South Bend Police Department's operations,
including its policies, procedures, processes, structures, training, staffing, and technology with
respect to: (1) use of force; (2) body -worn cameras; (3) bias -informed policing; (4) accountability;
(5) community engagement and participation; and/or (6) other topics identified by the City of
South Bend as agreed by amendment to this contract.
The assessment will consider the South Bend PD in light of national best practices and 21st
Century Policing principles. Consultant will identify any obstacles to the Department
implementing these practices and principles, such as policy/practice disconnects, HR policies, or
collective bargaining provisions.
21CP will aim to work collaboratively with South Bend's diverse communities and the South Bend
PD. 21CP will conduct document review, on -site interviews and observations, and community
and officer engagement.
Goals
The City of South Bend has committed itself to evaluating the South Bend Police Dcpartment's
practices, identifying areas for improvement, and ensuring the community voice is heard in
conversations about how policing should work in South Bend going forward.
21CP's assessment will provide the South Bend PD and the greater South Bend community with
a fair, honest assessment of the police department in light of national best practices and 21st
Century Policing principles. This assessment will not involve an investigation or review of any
specific incident or case. Instead, it will be focused on where the Department is, where it should
or could be, and what pragmatic steps the Department might take to ensure safe, fair, and effective
policing for everyone.
Deliverables
21CP will provide a comprehensive written report — or multiple reports, as desired — detailing its
findings and recommendations. This work product will be accessible, straightforward, and direct.
It will include detailed, pragmatic, and actionable guidance specifically tailored to the City and its
police department, in compliance with Indiana law and City ordinances, on how to improve and
strengthen its performance.
21 CP will specifically highlight and address areas of concern identified by residents, community
organizations, the Department, and its officers in 21CP's stakeholder engagement process. 21CP
will be available to address its findings, recommendations, and report to community stakeholders,
city leaders, departmental personnel, and other groups as identified by the City.
PROPOSED AREAS OF INQUIRY
21CP's assessment will evaluate the following core areas of the South Bend PD's practices and
operations.
N
■ Use of Force. 21CP will evaluate the Department's policies, protocols, processes, training,
supervision, investigation, and review of use of force. This comprehensive review will
consider the Department's policies in light of best practice, conduct an analysis of past use
of force incidents for overall trends and systemic challenges, analyze available data on
officer use of force, and consider the nature and effectiveness of officer training on force.
21 CP's analysis will be rooted in national best practices for 21 st century policing.
• Body -Worn Cameras. 21CP will evaluate the Department's policies on body -worn
cameras, its training on the technology, and supervision and accountability with respect to
officers adhering to the policy. Depending on the availability of footage, 21CP will
conduct an audit of existing camera footage.
* Bias -Informed Policing. 21CP will review whether the Department has appropriate
protocols, training, and accountability measures in place to ensure against discriminatory
policing practices. 21CP would examine aggregate data, engage community stakeholders,
examine how complaints of discriminatory policing are addressed, and evaluate the
Department's internal mechanisms for critical self-analysis in the area of bias.
Accountability. As a systematic review, 21 CP will analyze the Department's mechanisms
for investigating officer misconduct, imposing officer discipline, holding supervisors
accountable, and ensuring effective performance. Among many other things, it will
consider how well the Department ensures that officers meaningfully adhere to the
expectations of law and its policies by reviewing the quality of misconduct investigations,
analyzing the process for addressing misconduct, and convening departmental and
community stakeholders. The overall purpose of this review is to make systematic,
practical recommendations.
Community L*ngaement and Participation. 21CP will consider the Department's efforts
at community engagement and outreach. It will offer pragmatic recommendations and
strategies for sustained and meaningful engagement.
• De-escalation, Officer Well-being, Recruitment and Retention, and Developing the
Narrative. 21CP will evaluate the Department's efforts in de-escalation training, officers'
well-being, and recruitment and retention in considering officer wellness, employee
assistance, and professional development, as well as assist in developing the narrative
around the Department's efforts.
• Confidentiality; Non -Disclosure. 21CP will keep confidential and not disclose any and
all information learned of or gathered in reviewing any South Bend PD material, to include
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but not limited to investigative files, personnel files or records, contracts, or agreements.
21CP will not use, copy, republish, lend, distribute, post on servers, transmit, redistribute,
display, in whole or in part, by any means or medium, electronic or mechanical, or by any
information storage and retrieval system, any of the work product and or findings prepared
by 21 CP on behalf of the City for the City other than as expressly authorized by the City,
providing written consent thereto.
TIME FRAME FOR COMPLETION
21 CP will work with City and Department stakeholders to determine the most appropriate timeline
for completing a final report — one that balances the need for rapid guidance to the Department
with the need for a comprehensive review that involves the participation of the community and
other stakeholders.
One common approach, and accompanying timeline, focuses on 21CP generating a single, final
report. Because 21CP finds that review of aggregate data and in-depth review of case or
investigation files can provide insights that more qualitative review of departmental policies and
procedures cannot, such a report has the benefit of being comprehensive — but may require some
longer duration of time for files or data to be produced and reviewed. Typically, this approach
requires 14 to 18 weeks to complete.
Alternatively, and especially with respect to policies and procedures, 21CP's work can be more
rapid. If there are particular issues or subject -matter areas where the rapid delivery of initial
findings and recommendations are necessary or helpful, we can structure a multi -phase approach
in which 21CP prioritizes policy and practice review — along with stakeholder engagement — to
deliver an interim report. A final report that expands upon the findings of the interim report can
follow. A short-term, interim report could be finalized in as little as 8 to 10 weeks, depending on
the cooperation of the Department and the availability of community stakeholders.
Regardless of the approach — a single report with a slightly longer timeline to completion or a
multi -phase timeline with an interim report addressing urgent issues — 21CP will want to ensure
that community involvement and stakeholder engagement inform any and all of its work. Any
work plan will need to account for the logistics of organizing conversations with community
members, organizations, rank and file police officers, and officer organizations. For purposes of
this Agreement, the City prefers the multi -phase timeline with an interim report addressing urgent
issues, returnable within 10 to 12 weeks from the execution of this Agreement.
ESTIMATED BUDGET AND COMPENSATION
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21CP can work with the City to establish a budget that efficiently accomplishes the scope of work.
For a general assessment project, we anticipate wanting to spend substantial on -the -ground time
for interacting with the Department and community, as well as to have sufficient time to review
documents and formulate final recommendations.
Estimated Budget for Comprehensive Assessment
SiteVisits&_Cor� Community �,4lgij a�,nt ...:._$73.� 20 Q Partners xx clay
—Estimated Reimbursable Expenses — $1650/visit per consultant = $4,950 per visit
—Estimated Total = $113,520
Analysis and Report Writ t &g J, a5 4, 0 3 Pariners, l (i liouj!i total'
—Estimated Reimbursable Expenses — $1,100 (Printing, copies, postage)
—Estimated Total = $66,550
Note : 21 CP principals contribute across projects depending on subject matter, expertise, and
project needs. Three partners are identified for budgetary purposes only.
GENERAL TERMS FOR MUNICIPAL GOVERNMENTS
Consultant Fees*
*Rates — Reimbursable Expenses are not included in Consultant Fees
Reimbursable Expenses
All reasonable and customary travel expenses will be submitted for reimbursement including
travel, printing, shipping and copying, etc.
21CP's travel expense policy provides that current US GSA mileage and M&IE reimbursement
rates shall apply. Standard or Government Hotel rates shall apply unless the client provides special
rate code for client's preferred hotel. Domestic air travel will be reimbursed at the Coach (or
equivalent) or lowest available rate — First Class or Business rates shall not be reimbursed unless
said rate is the lowest available. Rail transport may be coach/business class or lowest rate available
(Acela may be booked when available). Ground transportation will be by UberX (or equivalent),
standard taxi, or rental car (Standard or Economy).
Billing
21CP will submit monthly invoices for consultant time and expenses. Invoices will be
accompanied by supporting receipts for reimbursable expenses. ACH or direct deposit is
preferred. Billing terms are net 30 days.
Compensation
In exchange for the 21 CP's satisfactory performance of the Services, and subject to the terms and
conditions of this Agreement, the City will pay 21CP the fees stated in the Proposal (the "Contract
Amount") in accordance with the project budget stated in the Proposal. The City will pay the
Contract Amount in installments upon invoicing by 21CP as set forth in the Proposal (each a
"Contract Installment"). The City will not be required to pay any Contract Installment if the City
is not satisfied with 21CP's performance under this Agreement or any default or breach of this
Agreement by 21CP exists, as the City may determine in its sole discretion. The sum of all
Contract Installments will not exceed the Contract Amount, and 21CP will not incur or seek
reimbursement for any expenses in excess of the Contract Amount.
Representations and Warranties
The Consultant represents and warrants, as of the date hereof and throughout the Term of this
Agreement, as follows:
(a) The Consultant represents that it has the requisite experience to undertake and complete
the Services pursuant to the requirements of this Agreement and has in its employ or will hire
qualified and trained personnel to perform the Services required.
(b) The Consultant represents that it can commence the Services promptly within ten (10)
business days of the receipt of a notice to proceed and will complete the Services in a timely
manner in accordance with a mutually agreed schedule.
(c) The Consultant represents that it is financially stable and has adequate resources and
personnel to commence and complete the Services required in a timely fashion.
(d) The Consultant's performance of the Services described herein, and its representation
of the City, will not result in a conflict of interest, will not violate any laws or contractual
obligations with third parties.
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(e) The Consultant will not subcontract any of the work to third parties without prior
written notice to the City and receipt of the City's prior written consent.
(0 The Consultant represents that neither it, nor any of its officers, directors, owners,
employees or permitted subcontractors, have committed a criminal violation of or are under
indictment of a federal or state law arising directly or indirectly from its business operations or
reflects on its business integrity or honesty that resulted or may result in the imposition of a
monetary fine, injunction, criminal conviction or other penal sanction, and further represents that
the Consultant, its officers, directors, owners, employees, agents and subcontractors shall comply
with the requirements of all laws, rules and regulations applicable to the conduct of its business or
the performance of the Services under this Agreement.
(g) The Consultant represents that it will perform the Services in a good and professional
manner and will diligently pursue the completion of same in accordance with the terms of this
Agreement.
Independent Consultant Status
The Consultant and its approved subcontractors are independent contractors in relation to the City
with respect to all matters arising under this Agreement. Nothing herein shall be deemed to
establish a partnership, joint venture, association or employment relationship between the parties.
The Consultant shall remain responsible, and shall indemnify and hold harmless the City, from
and against all liability for the withholding and payment of all Federal, state and local personal
income, wage, earnings, occupation, social security, worker's compensation, unemployment,
sickness and disability insurance taxes, payroll levies or employee benefit requirements (under
ERISA, state law or otherwise) now existing or hereafter enacted and attributable to the
Consultant, its subcontractors and their respective employees.
Insurance Requirements
The Consultant agrees to provide and maintain the insurance described in the Certificate of
Liability Insurance which names the City of South Bend as additional insured, attached hereto as
Schedule A for the duration of this agreement.
Nondiscrimination
The Consultant agrees not to discriminate, nor permit discrimination, against any person in its
employment practices, in any of its contractual arrangements, in all services and accommodations
it offers the public, and in any of its other business operations on the grounds of race, color,
national origin, religion, sex, disability or veteran status, marital status, civil service status, mental
retardation or physical disability, unless it can be shown that such disability prevents performance
of the work involved, in any manner prohibited by the laws of the United States or of the State of
Indiana. 21CP shall comply with all applicable laws and regulations in its hiring and employment
practices and policies for any activity covered by this Agreement. 21CP shall comply with all
state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant
to this Agreement including, but not limited to, the requirements imposed by Ind. Code § 22-9-1-
10 (non-discrimination), the provisions of Ind. Code § 5-22-16.5 (disqualification for dealings with
the government of Iran), and the provisions of Ind. Code § 22-5-1.7 (requiring E-Verify for new
employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions
is incorporated herein as if set forth in full, and 21CP certifies that it is in compliance with each
such provision and shall remain in compliance through the term of this Agreement.
Miscellaneous
Entire Agreement; Amendment, Applicable Law. This document, and the identified
exhibits, schedules and attachments made a part hereof or incorporated herein, sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and merges and
supersedes all prior communications, discussions, agreements, and understanding of any and every
nature between them, whether written or oral. This Agreement may be modified or amended only
by a separate writing signed by authorized representatives of both 21CP and the City. This
Agreement will be construed and interpreted according to the laws of the State of Indiana, and any
dispute arising out of this Agreement or otherwise concerning 21CP's rendering of the Services
will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually
agree to a different method of dispute resolution.
Confidentiality; Non -Disclosure. The Parties mutually desire that all terms and conditions
of this Agreement be and remain confidential. However, the Parties understand and acknowledge
that the City must comply with all state and federal disclosure laws. Nothing in this paragraph
prohibits either Party from disclosing its terms to their professional financial advisor or tax
preparer. If 21CP chooses to make such a disclosure to professional financial advisors or tax
preparers, 21 CP must inform said persons of the Agreement's confidentiality obligations, and the
advisors/preparers must agree to abide by those same obligations. 21CP will not use, copy,
republish, lend, distribute, post on servers, transmit, redistribute, display, in whole or in part, by
any means or medium, electronic or mechanical, or by any information storage and retrieval
system, any of the work product and or findings prepared by 21CP on behalf of the City for the
City other than as expressly authorized by the City, providing written consent thereto.
Work Product; Ownership. 21CP will submit its work product to the City in accordance
with the terms of the Scope of Work. Any and all work product submitted by 21CP to the City as
part of 21CP's performance of the Services will become the exclusive property of the City, and
the City will have the right to use and reproduce copies of 21CP's work product as the City
determines in its sole discretion without compensation to 21 CP, except the compensation expressly
provided for in this Agreement.
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Prohibition Against Assignment. Neither this Agreement nor any rights or obligations
hereunder may be transferred, assigned or subcontracted, either in whole or in part, by the
Consultant without the City's prior written consent and any attempt to the contrary shall be void.
Term; Termination. Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon the 21CP's satisfaction of all its
obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,
effective immediately upon delivery of a written termination notice to 21CP, the City may
terminate this Agreement, in whole or in part, for any reason, if the City determines that such
termination is in the best interest of the City. In addition, in accordance with Ind. Code § 6-1.1-
18-4, payments are subject to annual appropriation by the City. If the City makes a written
determination that funds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. A determination by the City that funds are
not appropriated or are otherwise unavailable to support the continuation of performance shall be
final and conclusive. The City will not be required to pay any Contract Installment or be otherwise
liable for any cost associated with 21CP's performance of any Services after the effective date of
termination.
Remedies for Breach of Contract. Failure to complete the Services in accordance with
this Agreement will be considered a material breach. In the event of such breach, the City may
suspend all payments to 21CP and may pursue any and all remedies available at law or in equity.
21 CP shall repay to the City any portion of the Contract Amount expended for matters not within
the scope of the Services.
Partial Invalidity. All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case 21CP and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
Should any provision hereof be found by a tribunal of competent jurisdiction to be illegal or
unenforceable and be deleted, the balance of the Agreement shall be automatically conformed to
the minimum requirements of law.
Precedence of Documents. In the event there is any conflict between this Agreement or
its interpretation and any exhibit, schedule or attachment, this Agreement shall control and take
precedence.
9
Point of Contact. The City employee identified in the Notices section below will serve as
the City's principal point of contact for purposes of this Agreement.
Relationship. 21CP shall at all times be an independent contractor for the performance of
the Services rather than an employee of the City, and no act or omission to act by 21CP shall in
any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not
for any third party or person. This Agreement was negotiated by the Parties at arm's length and
each of the parties hereto has reviewed the Agreement after the opportunity to consult with
independent legal counsel. Neither party shall maintain that the language in the Agreement shall
be construed against any signatory hereto. The City and 21CP hereby renounce the existence of
any form of agency relationship, joint venture, or partnership between 21CP and the City and agree
that nothing contained herein or in any document executed in connection herewith shall be
construed as creating any such relationship between the City and 21 CP.
Indemnification of City. 21CP hereby agrees to defend, indemnify, and hold harmless the
City, its officials, employees, and agents from any and all claims of any nature which arise from
the performance by 21CP under this Agreement and from all costs and attorney fees in connection
therewith, excepting for claims arising out of the negligence of the City, its officials, directors,
employees, and agents. The obligations of 21CP under this section shall survive the termination
of this Agreement.
Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered, whether or not actually received, when deposited in the United States Postal Service,
postage prepaid, registered or certified mail, return receipt requested, addressed to the City or
21 CP, as the case may be, at the address set forth below.
Provider: City:
City of South Bend
�� m....._ . South Bend, IN _
Attn: Attn:
Contractor's Affidavit. 21CP agrees, as a condition precedent to the effectiveness of this
Agreement, that its authorized representative will execute and submit to the City and any other
appropriate bodies an appropriate contractor's affidavit.
Drug -fee Workplace. 21CP hereby agrees to make a good faith effort to provide and
maintain a drug -free workplace. 21CP will give written notice to the City within ten (10) days
after receiving actual notice that 21CP or an employee of 21CP within the State of Indiana has
been convicted of a criminal drug violation occurring in the workplace.
10
Force Majeure. 21CP shall not be responsible for any failure or delay in the performance
of any obligation hereunder, if such failure or delay is due to a cause beyond 21CP's reasonable
control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers,
labor disputes or governmental acts.
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IN WITNESS WHEREOF, for adequate consideration and intending to be legally bound,
the parties hereto have caused this agreement for professional services to be executed by their
duly -authorized representatives effective as of the date of execution.
CITY OF SOUTH BEND
a'111.11l lV1
��oard of Puldic o �d
By:....
Name:
Title:w�' N..
CONSULTANT
21 CP Solutions, LLC
w
�..
Name: Sean M. Smoot
Title: Managing Partner
12
a
ki
(844) 767-2127
21 CP SOLUTIONS, LLC
- 21 sT CENTURY POLICING, LLC -
332 S Michigan Ave
Suite 1032 - T615
Chicago, Illinois 60604-4434
SOUTH BEND, INDIANA POLICE DEPARTMENT
PROPOSED SCOPE OF WORK
TO: Mayor Pete Buttigieg, South Bend, IN
FROM: Chuck Ramsey
Matthew Barge
Sean Smoot
DATE: June 24, 2019
PROJECT OVERVIEW
(844) SOS-21 CP
21CP will conduct an overall assessment of the South Bend Police Department's operations,
including its policies, procedures, processes, structures, training, staffing, and technology with
respect to: (1) use of force; (2) body -worn cameras; (3) bias -free policing; (4) accountability; (5)
community engagement and participation; and/or (6) other topics identified by the City of South
Bend. The assessment will consider the South Bend PD in light of national best practices and 21st
Century Policing principles. We will identify any obstacles to the Department implementing these
practices and principles, such as policy/practice disconnects, HR policies, or collective bargaining
provisions.
21 CP will aim to work collaboratively with South Bend's diverse communities and the South Bend
PD. We will conduct document review, on -site interviews and observations, and community and
officer engagement.
Goals
In the wake of the shooting death of Eric Logan, the City of South Bend has committed itself to
evaluating the South Bend Police Department's practices, identifying areas for improvement, and
giving the community voice in a conversation about how policing should work in South Bend
going forward.
21CP's assessment will provide the South Bend PD and the greater South Bend community with
a fair, honest assessment of the police department in light of national best practices and 21st
Century Policing principles. This assessment will not involve an investigation or review of the
events surrounding the death of Eric Logan. Instead, it will be focused on where the Department
is, where it should or could be, and what pragmatic steps the Department might take to ensure safe,
fair, and effective policing for everyone.
Deliverables
21CP will provide a comprehensive written report — or multiple reports, as desired — detailing its
findings and recommendations. This work product will be accessible, straightforward, and direct.
It will include detailed, pragmatic, and actionable guidance for the City and police department on
how to improve and strengthen its performance.
We will specifically highlight and address areas of concern identified by residents, community
organizations, the Department, and its officers in 21 CP's stakeholder engagement process. 21 CP
will be available to address its findings, recommendations, and report to community stakeholders,
city leaders, departmental personnel, and other groups as identified by the City.
PROPOSED AREAS OF INQUIRY
21 CP's assessment can evaluate the following core areas of the South Bend PD's practices and
operations.
• Use of Force. 21CP will evaluate the Department's policies, protocols, processes, training,
supervision, investigation, and review of use of force. This comprehensive review will
consider the Department's policies in light of best practice, conduct an analysis of past use
of force incidents for overall trends and systemic challenges, analyze available data on
officer use of force, and consider the nature and effectiveness of officer training on force.
21 CP's analysis will be rooted in national best practices for 21 st century policing.
• Body -Worn Cameras. 21CP will evaluate the Department's policies on body -worn
cameras, its training on the technology, and supervision and accountability with respect to
officers adhering to the policy. Depending on the availability of footage, 21 CP would want
to conduct an audit of existing camera footage. It would also talk extensively to
Department personnel.
• Bias -Free Policing. 21CP will review whether the Department has appropriate protocols,
training, and accountability measures in place to ensure against discriminatory policing
practices. 21CP would examine aggregate data, engage community stakeholders, examine
how complaints of discriminatory policing are addressed, and evaluate the Department's
internal mechanisms for critical self-analysis in the area of bias.
• Accountability. 21CP will analyze the Department's mechanisms for investigating officer
misconduct, imposing officer discipline, holding supervisors accountable, and ensuring
effective performance. Among many other things, it will consider how well the
2
Department ensures that officers meaningfully adhere to the expectations of law and its
policies by reviewing the quality of misconduct investigations, analyzing the process for
addressing misconduct, and convening departmental and community stakeholders.
Community ,1: ngagement and Participation. 21CP will consider the Department's efforts
at community engagement and outreach. It will offer pragmatic recommendations and
strategies for sustained and meaningful engagement.
• Other Topics. Other topics that jurisdictions have asked 21CP to evaluate include:
o Officer recruitment, hiring, and retention;
o Community policing;
o Technology;
o Staffing and deployment;
o Citizen's complaints;
o Officer wellness, employee assistance, and professional development;
o Supervision and leadership development;
o Stops, searches, and arrests;
o Interactions with you; and
o Crisis intervention and interactions with individuals experiencing behavioral health
challenges.
PROPOSED TIME FRAME FOR COMPLETION
21CP will work with City and Department stakeholders to determine the most appropriate timeline
for completing a final report — one that balances the need for rapid guidance to the Department
with the need for a comprehensive review that involves the participation of the community and
other stakeholders.
One common approach, and accompanying timeline, focuses on 21CP generating a single, final
report. Because 21CP finds that review of aggregate data and in-depth review of case or
investigation tiles can provide insights that more qualitative review of departmental policies and
procedures cannot, such a report has the benefit of being comprehensive — but may require some
longer duration of time for files or data to be produced and reviewed. Typically, this approach
requires 14 to 18 weeks to complete.
Alternatively, and especially with respect to policies and procedures, 21 CP's work can be more
rapid. If there are particular issues or subject -matter areas where the rapid delivery of initial
findings and recommendations are necessary or helpful, we can structure a multi -phase approach
in which 21CP priorities policy and practice review — along with stakeholder engagement — to
deliver an interim report. A final report that expands upon the findings of the interim report can
follow. A short-term, interim report could be finalized in as little as 8 to 10 weeks, depending on
the cooperation of the Department and the availability of community stakeholders.
Regardless of the approach — a single report with a slightly longer timeline to completion or a
multi -phase timeline with an interim report addressing urgent issues — 21 CP will want to ensure
that community involvement and stakeholder engagement inform any and all of its work. Any
work plan will need to account for the logistics of organizing conversations with community
members, organizations, rank and file police officers, and officer organizations.
ESTIMATED BUDGET
21 CP can work with the City to establish a budget that efficiently accomplishes the scope of work.
For a general assessment project, we anticipate wanting to spend substantial on -the -ground time
for interacting with the Department and community, as well as to have sufficient time to review
documents and formulate final recommendations.
Sample Budget for Comprehensive Assessment
-site,,;1 r_,it;�_ _('*omN;l urti; yj itgxt gginc t. _ (a7, dY ( 1," a�tci c 8 1<t
—Estimated Reimbursable Expenses — $1500/visit per consultant = $4,500 per visit
—Estimated Total = $103,200, plus 10% Overhead & Administrative)
Analyst
—Estimated Reimbursable Expenses — $1,000 (Printing, copies, postage)
—Estimated Total = $60,500, plus 10% Overhead & Administrative)
Note : 21 CP principals contribute across projects depending on subject matter, expertise, and
project needs. Three partners are identified for budgetary purposes only.
GENERAL TERMS FOR MUNICIPAL GOVERNMENTS
Consultant Fees*
Reimbursable Expenses
4
All reasonable and customary travel expenses will be submitted for reimbursement including
travel, printing, shipping and copying, etc.
21 CP's travel expense policy provides that current US GSA mileage and M&iE reimbursement
rates shall apply. Standard or Government Hotel rates shall apply unless the client provides special
rate code for client's preferred hotel. Domestic air travel will be reimbursed at the Coach (or
equivalent) or lowest available rate — First Class or Business rates shall not be reimbursed unless
said rate is the lowest available. Rail transport may be coach/business class or lowest rate available
(Acela may be booked when available). Ground transportation will be by UberX (or equivalent),
standard taxi, or rental car (Standard or Economy).
r: ,
21CP will submit monthly invoices for consultant time and expenses. Invoices will be
accompanied by supporting receipts for reimbursable expenses. ACH or direct deposit is
preferred. Billing terms are net 30 days.
ABOUT 21CP
What We Do
21CP Solutions helps law enforcement agencies and communities effectively tackle the challenges
of policing in the 21st century. We assist cities and their police departments in employing best
practices for effective, integrity -driven policing that is focused on building trust, strengthening
relationships, and community collaboration in public safety.
We are police chiefs who have turned around troubled police departments and renewed the
community's confidence in their agencies. We are social scientists and academics who have spent
careers understanding what works in policing and public safety. We are lawyers and community
leaders who have overseen some of the country's most successful police reform efforts. And we
are all professionals who have worked in, with, and for communities to drive safe, effective, and
constitutional policing.
21CP is a global consulting group that assists police and law enforcement organizations with
meeting the challenges of delivering safe, effective, and constitutional policing in the 21 st Century.
It is an outgrowth of many of its consultant's experiences on the President's Task Force on 21 st
Century Policing. That Task Force produced a pioneering report on contemporary policing,
offering "pragmatic, common-sense ideas based on input from criminal justice experts, community
leaders, law enforcement, and civil liberties advocates."' The recommendations have been widely
praised — whether by being "[fJully endorse[d] and support[ed]" by the Major Cities Chief
Remarks by Presiden I Baraek 0barna after7Neeting with task Force on 21,st Century Policing (March 2, 2015), IsiilP dB%rr M rre&ruLBua.L� p w�ud By
Gvr.�,.^sacrl4p���"tdSB��r�p�14d"�t«,rrasKokw..l�r�ycr9oardµhC"ya,e rKr'.�°�4tpti�.laL9�,�,9r,au.'���Wt.:�argacrsm;,
5
Association,2 embraced by the National League of Cities', or heralded by community
organizations and civil rights activists'.
Building on the accomplishments of the Task Force and its work, several of the Task Force's
members formed 21CP in 2015 to assist local law enforcement agencies and communities with
implementing strategies for ensuring officer and public safety, constitutional policing, and an
authentic partnership with the community.
21CP does not merely make recommendations about improvements or reforms to policies,
practices or procedures — it actively works with local jurisdictions across the country to provide
ongoing technical assistance and translate broad objectives to operational realities.
21CP Solution's trusted leaders and experts have worked on the ground in police departments
across the country — leading large departments and assisting smaller agencies. Law enforcement
is not a theoretical enterprise for 21CP, and its consulting and assessment work is not simply
academic. 21CP provides real -world, pragmatic solutions that agencies and communities can
implement to solve problems, drive change, and strengthen relationships both within police
departments and between departments and the communities that they serve.
The firm's experts — from early in their careers — have a history of driving measurable change,
leading reform, and moving police departments nationally toward greater partnership and
collaboration with the communities that they serve. They are at the forefront nationally of
identifying common-sense reforms that communities and police departments can embrace to
strengthen public trust while increasing the efficiency and efficacy of law enforcement services.
21CP's experts also have significant experience working together on major assessment,
monitoring, and oversight projects. Specifically, 21CP has in several other jurisdictions compared
current agency practices with best practices; surveyed and interviewed agency personnel; assessed
community perceptions of and trust in their police departments; and delivered high -quality,
rigorous, and accessible reports to local governments.
21CP Team Partners
21 CP's principals are a diverse set of seasoned policing experts who are at the forefront of
advancing the law enforcement profession.
e MajorUties Chief Association, iRr.,solution: President's Task Force on 21st Century Policing" (June 3, 2015), available of
tlr ec d'veawv red 9lu N)ICK�Orn Y arw �iqq 02 : c,^am tuJ, q t 9,a daa k Y r M' w r gp} c( rCo rlt tlitlniM ?ail d;
Press HeIc.Kse °"Coo('s kvJ ct to 2 ht CeWuuoy fPt,atlou, ng I aslk�Yurrau (KatO T 2015), ��(k�ro 1'dews a ,m9. ,ymr� ear 0 fy y
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frr.,ss Rde ase, "i urnmr nn6es United 6or Policy: R,Aorrn Respuunds to IPresidenk C)banra's Falia;ing I a.sk Forces Final TRepoW' (May 19, 2015),
Yxr1 r i1Y a`groa�rw,E�Ypu�op�,9'It&Itn�+a�r�uaw�,s6ya,M�raatitw�rtl)� aal�i�ac�.11JrlWs�� zn�&5axaaJ.,ttiJit'�9E,��.i.?o�ssaYccYo ualkaimarr�:�.JsuntlrruipaJ.i_1a4.`^ -k'at t�:�'.k�
6
Charles Ramsey Former Commissioner, Philadelphia Police Department
Former Chief of Police, Washington, D.C. Metropolitan Police Department
• Nearly fifty years of law enforcement expertise.
Co-chair of President Obama's Task Force on 21 st Century Policing,
• Led the fourth -largest police department in the nation with 6500 sworn and 8
hundred civilian members of the Philadelphia Police Department.
Served as Washington, D.C. Police Chief and was a Deputy Superintendent in the
Chicago Police Department, implementing nationally -acclaimed model of community
policing called the Chicago Alternative Policing Strategy.
• Former president of both the Major Cities Police Chiefs Association and the Police
Executive Research Forum (PERF).
Ronald Davis Former Director, U.S. Department of Justice, Office of Community Oriented
Policing Services
• Appointed by President Obama to serve as Executive Director, President's Task
Force on 21 st Century Policing.
• Thirty years of policing experience, including 20 years in Oakland and over 8 years as
police chief in the City of East Palo Alto, California.
• Former member of federal monitoring teams overseeing consent decrees/agreements
between the U.S. Department of Justice and the Washington, DC, and Detroit Police
Departments.
Sean Smoot Director and Chief Counsel, Police Benevolent & Protective Association of Illinois
and Police Benevolent Labor Committee
• Appointed to the Task Force on 21st Century Policing and the Illinois Commission on
Police Professionalism.
• Serves as a member of the Cleveland Police Department consent decree monitoring
team.
Serves on the Use of Force Advisory Committee, the Police Pursuit Advisory
Committee, the Racial Profiling Advisory Committee, and the Task Force on Police
Integrity for the Illinois Law Enforcement Training and Standards Board.
Kathleen O'Toole Former Chief of Police, Seattle, Washington j
• Successfully led the Seattle police department to achieving full and effective
compliance with a federal consent decree.
• Served six -year term as Chief Inspector of the Gardia Siochana Inspectorate, an
oversight body responsible for bringing reform, best practice and accountability to
the 17,000 member Irish national police service.
• Served as Superintendent (Chief) of the Metropolitan District Commission Police and
Lieutenant Colonel overseeing Special Operations in the Massachusetts State Police.
• Appointed Massachusetts Secretary of Public Safety (1994) and Boston Police
Commissioner (2004).
7
Matthew Barge Court -Appointed Monitor, Cleveland Police Department Consent Decree
Police Practices Expert & Civil Rights Attorney
• Federal court -appointed monitor overseeing a federal consent decree addressing use
of force and bias -free policing in Cleveland, Ohio.
• Subject matter lead on federal monitoring team overseeing Baltimore Consent
Decree, addressing officer accountability, officer training, and assessments.
• Lead police practices expert to former federal judge overseeing an agreement
between the City of Chicago and American Civil Liberties Union addressing issues
related to "stop and frisk."
• Former Deputy Monitor of federal monitoring team overseeing a Consent Decree in
Seattle addressing use of force and discriminatory policing issues.
• Conducted comprehensive assessments and in-depth reviews of high -profile
incidents across the country, including Denver, Chicago, Los Angeles, New Orleans,
Pasadena, and Portland.
Roberto WiIlasenor Former Chief of Police, Tucson, Arizona
Served with the Tucson Police Department for over 35 years.
• Served in every division and bureau of the Department, to include Patrol,
Investigations, Internal Affairs, Bike Patrol, PIO, Hostage Negotiations, Community
Policing, Administration and Communications.
• Appointed to the National Task Force on 21 st Century Policing, and by Governor of
Arizona to the Arizona Criminal Justice Council
Nola Joyce Former Deputy Commissioner and Chief Administrative Officer, Philadelphia Police
Department
• Served 25 years in the public sector, including positions as the Chief Administrative
Officer for the Metropolitan Police Department in Washington, D.C. and the Deputy
Director of Research and Development for the Chicago Police Department.
• Appointed to the National Academy of Science's Panel on Modernizing the Nation's
Crime Statistics.
• Serves as an Executive Fellow with the Police Foundation, a member of the
International Association of Chiefs of Police (IACP) Research Advisory Council and
the Police Executive Research Forum's Research Council
iReceived the PERF Gary P. Hayes award and the IACP/Sprint Award for Excellence
in Law Enforcement Research.
8
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
10/ 17/2019
Laura O'Sullivan
Department
's Office
BPW Date 10/22/19 Phone Extension 9699
mummi�uuuu uw��Wi� rrrermmrmrm��m
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Required Prior to Submittal to Board
...... ........
.._....�....... .........
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney ® Attorney Name Geovanny Martinez
Purchasing Z, Michael Schmidt
® Professional Services Agreement EI Contract
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N/A._..._. _.....w
Mayor's Office Budget
101-0101-413.31-06
$178,970 plus 10% overhead & Admin and plus reimbursable expenses
nlus 10% overhead and expenses
Upon invoice
Consulting Services for review and analysis of COSB PD policies and
practices.
For Change Orders Only.
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