HomeMy WebLinkAbout2012/02/28 Item 10r
CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
'~' CHUTA VISTA
FEBRUARY 28, 2012, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR SERVICES TO MATRIX CONSULTING
GROUP TO CONDUCT A POLICE DEPARTMENT PATROL
STAFFING STUDY AND MANAGEMENT AND
ORGANIZATIONAL REVIEW
SUBMITTED BY: CONTINUOUS IMP EMENT MANAGE ~
REVIEWED BY: CITY MANAGERJ~
ASSISTANT CITY NAGER S~
4/STHS VOTE: YES ~ NO
SUMMARY
The City of Chula Vista issued a Request for Proposal (RFP) for consultants to conduct a
patrol staffing study and a management and organizational review study for the Police
Departrnent. After a thorough selection process, the City has selected Matrix Consulting
Group to conduct the study as detailed in RFP #03-11/12 (attachment "A")
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary
RECOMMENDATION
That Council adopts the Resolution.
BOARDS/COMMISSION RECOMMENDATION
None
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FEBRUARY 28, 2012, Item ( J
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DISCUSSION
The City recently issued a Request for Proposal (#3-11/12) for firms to submit their
qualifications and methodologies to conduct a "Police Departrnent Patrol Staffing and
Police Department Management and Organizational Review" study. The study will first
look at the staffing levels in the Patrol Division, and look at call for service volume,
response times to priority calls for service (with recommendations to maintain achieve
compliance with Growth Management Oversight Commission for Priority One and
Priority Two call for service response time thresholds), geographic distribution of calls
for service, beat integrity, optimal staffing levels, shift scheduling and other factors to
determine optimal staffing levels to achieve acceptable service levels in patrol. The study
will also examine whether there aze some job duties currently being performed by sworn
staff that can be handled by civilian or volunteer staff. That way sworn staff can be
redeployed to higher priority functions requiring a sworn officer to perform the duties.
This report will be completed within 60 days from the beginning of the contract.
The second portion of the study will take an overall look at the Police Department
organization and management structures, with an emphasis on identifying "best
practices" and efficiencies, appropriate organizational structure, supervisory span-of-
control, and make recommendations regarding staffing levels in each of the divisions of
the Police Department. This portion of the study is to be completed within 180 days from
the beginning of the contract.
In accordance with Municipal Code §2.56.110(C), the RFP was advertised in the Star
News, posted on the City's Planet Bids website, as well as sent out to seven firms which
had been identified as potential bidders for the study. The City received seven responsive
bids (see "Table 1 - RFP #03-11/12" below). A selection committee comprised of the
Assistant City Manager, Chief of Police, Police Captain and Continuous Improvement
Manager reviewed the bid responses to assess each firms qualifications to perform the
study as detailed in the RFP. One firm, Kroll Security Group, withdrew from the
selection process. Of the remaining six responses, the selection committee forwarded
three firms to a final interview process. This interview included the same selection
committee with the addition of the Chula Vista Police Officers Association President.
From these interviews, it was determined that Matrix Consulting Group was the highest
qualified responsive bidder. In addition, Matrix Consulting Group was also the lowest
cost bidder.
Table 1- RFP #03-11/12 RFP RESPODENTS
International Assoc. of Chiefs of Police
Kroll Security Grou
Matrix Consultin Group
MGT of America
Public Sector Solutions
Ralph Anderson and Associates
Resource Development Associates
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Based upon the results from the RFP selection process, staff recommends contracting with
Matrix Consulting Group to perform the study. Matrix Consulting Group demonstrated that
they are well qualified to perform the study within the time allotment indicated in the RFP.
Matrix Consulting Groups' staff has over 30 years experience performing these types of
studies. They have performed these types of studies for over 250 police and sheriffls
departments throughout the United States, with a substantial number of clients from
California. Matrix Consulting Group was also the lowest cost bidder of the respondents.
DECISION MAKER CONFLICT
The subject of this proposed action is not site specific and no conflicts have been
identified.
CURRENT YEAR FISCAL IMPACT
The total cost to perform this study will not exceed $75,000. This is a fixed price cost and
no further expenditures based upon conducting this study are anticipated. There are
unanticipated savings in the Non-Departmental budget related to unemployment
insurance expenses. Staff recommends using some of these savings for the Police
Department Patrol Staffing and Management and Organizational Review; therefore no
appropriations are requested at this time.
ONGOING FISCAL IMPACT
There are no ongoing costs for this project. The implementation of any recommendations
made in the report could have fiscal impacts, but that will be presented to the City
Council in another report at the completion of the study.
ATTACHMENTS
ATTACHMENT "A" - RFP #03-11/12
Prepared by: Edward Chew, Continuous /mprovement Manager, City Manager's Offrce
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REQUEST FOR PROPOSAL (RFP)
NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ON A FORM OBTAINED
FROM THE PURCHASING DIVISION WILL BE RECEIVED UNTIL 3 PM ON THE
TWENTY-SIXTH DAY OF JANUARY, 2012, FURNISHING THE CITY OF CHULA VISTA
WITH:
RFP #03-11112
POLICE DEPARTMENT PATROL STAFFING STUDY and
POLICE DEPARTMENT MANAGEMENT AND ORGANIZATIONAL REVIEW
Prospective respondents are hereby referred to the proposal instructions, general
provisions, specifications, and terms and conditions contained in this Request for Proposal.
ALL PROPOSALS MUST BE SUBMITTED TO THE CITY OF CHULA VISTA
PURCHASING DIVISION IN SEALED ENVELOPES PLAINLY MARKED WITH THE RFP
NAME, NUMBER, AND DATE & TIME DUE. PROPOSALS RECEIVED AFTER THE DUE
DATE/TIME WILL BE REJECTED. THE PROPOSALS MAY BE SENT OR HAND
DELIVERED TO:
City of Chula Vista
Purchasing Division
276 Fourth Avenue
BLDG 100
Chula Vista, CA 91910
FOR QUESTIONS REGARDING THE REQUESTED SCOPE GF THE WORK, PLEASE
CONTACT: Edward Chew, Continuous Improvement Manager-echew@chulavistaca.gov.
All questions must be submitted by email. Responses will be made by email sent as an
addendum to the RFP. All questions and answers will be sent to all prospective bidders
who registered on Planet Bids through the City Website and downloaded the RFP through
the website. Questions must be emailed to Tricia McEwen (tmcewen(a~chulavistaca.gov)
by JANUARY 19th, 2012, no later than 11 AM PST.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS RECEIVED,
ANY PORTION OF ANY PROPOSAL, AND TO WAIVE ANY IRREGULARITIES OR
INFORMALITIES IN PROPOSALS OR THE RFP PROCESS.
Tricia McEwen
Procurement Specialist
Date: January 13, 2012
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INTRODUCTION
Purpose. The City of Chula Vista, California (City), is seeking proposals from qualified
contractors to provide Police Department Patrol Staffing Study and Police Department
Management and Organizational Review.
Time Line. It is anticipated that the police department patrol staffing study and police
department management and organizational review provider selected through this
Request for Proposal will commence operations for the City on or about February 17th,
2012.
Contact Person. Any question arising in the development of responses to this Request for
Proposal can be telephoned or e-mailed to the following person who shall act as the City's single
point-of-contact for prospective respondents:
Edward Chew
Continuous Improvement Manager
Phone: (619) 691-5013
echew@chulavistaca.gov
Length of Contract. It is anticipated that the duration of agreement(s) resulting from this process
will be a maximum of one year.
Costs Incurred. This Request for Proposal does not commit the City of Chula Vista to award a
contract, to pay any costs incurred in the presentation of a proposal, or to procure or contract for
services.
City's Best Interests. The City of Chula Vista reserves the right to accept or reject any or all
proposals received as a result of this Request for Proposal. The City further reserves the right to
negotiate with qualified contractors, to amend, or to cancel, in part or in whole, this Request for
Proposal if it is in the City's best interest to do so.
Proposals Become City Property. All proposals, reports and data submitted to the City shall
become the property of the City of Chula Vista and will not be returned.
(Continued next page)
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PROPOSAL RESPONSE
Response Method. The City will evaluate only those responses to this Request for Proposal that
precisely conform with each of the proposal and submission formats described in this section.
Responses deviating in any way from the proposal and submission formats maybe declared non-
responsive. Non-responsive proposals will not be considered.
1. "Introduction" provides general information relative to the Request for Proposal, the
City, and other pertinent background information. "Introduction" is provided for
information only and no response thereto is required.
2. "Minimum Qualifications" defines the minimum qualifications a firm must possess
and demonstrate in order to be considered responsive. Therefore, respondents must
explicitly respond to each numbered sub-section of "Minimum Qualifications". Such
responses shall be provided in the precise order in which the sub-sections are
presented. Responses to "Minimum Qualifications" will be evaluated for the
purpose of determining a firm's ability to meet the minimum qualifications required by
the City and will be scored according to respondent's demonstrated ability to meet
such minimum qualifications.
3. In order for a proposal to be considered responsive, a firm must demonstrate they are
currently capable of providing the scope of services defined in "Scope of Work".
Therefore, respondents must explicitly respond to each numbered sub-section of
"Scope of Work". Such response shall be provided in the precise order in which the
sub-sections are presented. The proposer's response to each sub-section of "Scope
of Work" must be specifically identified in the proposal using only that sub-section's
assigned numeric identifier. Proposals should clearly and concisely state the
respondent's intent and ability to comply with the service requirement delineated by
each sub-section.
Additional information or data the respondent would like the City to consider should be
communicated under the heading of the sub-section to which that information or data
is pertinent. Responders are urged not to include irrelevant or redundant information.
Responses to "Scope of Work" will be evaluated for the purpose of determining a
firm's ability to provide the services required by the City and will be scored according to
the respondent's demonstrated ability to provide such services.
4. "Insurance Requirements" describes the general insurance requirements that the
consultant must provide prior to authorization of work being performed.
5. Response Ranking and Bid Process. Proposals will be grouped in either "qualified"
or "unqualified" categories based on responses to requirements and other criteria
stated in the Request for Proposal. "Qualified" proposals will continue on in the
selection process. "Unqualified" proposals will be eliminated from the process.
Contractors who have been assigned a "Qualified" designation will then be further
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screened by City staff to determine the consultant best suited to perform the scope of
work as indicated in this RFP. This screening may include interviews with City
personnel.
Format & Delivery of Proposals. Responses shall be .transmitted under the
signature of an individual authorized to bind the performance of the responding firm,
be typed or word processed and meet the following submission criteria:
a. A type-face and/or font of not less than 11 points;
b. Responses shall be securely bound;
c. Respondents shall provide one (1) original and five (5) copies; the original and
copies shall be delivered together in a single envelope or box marked:
"Police Staffing Study, RFP 03-11/12, Due: January 26, 2012, 3:00 pm."
7. Response Due Date. Proposals must be submitted to, and received by the City of
Chula Vista, Purchasing Division, 276 Fourth Avenue, Chula Vista, CA 91910, no later
than 3:00 p.m. on January 26th, 2012.
11. Selection Process. The department will screen responses for completeness and
_ qualifications to complete this study. The City will invite finalists for a interview to
determine final award.
12. Number of Contractors. It is the City's intent to enter into an agreement for services
with one consultant to provide services as detailed in this RFP. However, the City
reserves the right to award additional agreements of its sole discretion.
13. Negotiations. The City will enter into contract negotiations with the successful
applicants. In the event that one or more of the successful applicants fails to reach an
agreement with the City, the City will initiate negotiations with the next highest ranked
respondent. This process will repeat until an acceptable agreement has been reached
or the City decides to pursue an alternate course of action.
14. Acceptance of Terms and Conditions. Response to this Request for Proposal shall
be evidence of the respondent's acceptance of the General Terms & Conditions as
enumerated by "Insurance Requirements" of this Request for Proposal. Any
exception or deviation from said requirements must be clearly identified as provided for
in this Request for Proposal.
15. Exceptions to the Request for Proposal Requirements. Any exception to the
requirements articulated in this Request for Proposal must be clearly identified a)
within the proposal's response to the sub-section for which the exception is noted; or
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b) listed individually and cross referenced back to the proposal in an attachment
entitled, "Exceptions to the Request for Proposal Requirements."
MINIMUM QUALIFICATIONS
Proposer Information. Provide the following data for the firm making the proposal:
Company Name, Address, and Phone Number;
2. A brief company/corporate history;
3. Type of business (i.e. corporation, partnership, etc.);
4. Names and addresses of all persons owning a financial interest in the business
described in this RFP;
Applicable corporate, partnership, and/or shareholder's agreements including any
amendments thereto and any other documents and/or state filings, that relate to the
existence, good standing, and ownership of that in the business described in this
RFP which may serve to validate the ownership described in this RFP;
6. Note any pending litigation in which the business positions described in this RFP or
its owners is/are a plaintiff or defendant;
7. All persons occupying key management positions with the business described in
this RFP;
Identify a single point-of-contact for all issues related to the provision of consulting
services to the City;
List each public and private agency with which the responding firm currently
contracts to provide similar services;
10. Chula Vista Business License. Consultant who is awarded a contract for service is
required to maintain a current City of Chula Vista Business License. Business
licenses. shall be obtained at respondent's sole expense (must be obtained prior to
start of any work).
11. Demonstration of Similar Experience. The consultant responding to this Request for
Proposal must clearly demonstrate that it has provided similar services requested in
this RFP for a minimum of three (3) consecutive years. Briefly describe the range of
services the company provides within the context of the Scope of Services
delineated in this Request for Proposal.
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12. A list of any subcontractors which will be utilized for this project, including resumes
and number of years conducting services within the context of the Scope of
Services delineated in this Request for Proposal.
INTRODUCTION
Background
The City of Chula Vista is the second largest city in San Diego County, and is located 7 miles
North of the US-Mexico border, and 7 miles South of the City of San Diego. The City is
approximately 50 square miles in size and has a population of 243,916. The City of Chula Vista is
largely a residential community and is expected to have a population of 325,000 at build out (25
years). The City provides a wide range of municipal services with a FY 2011/2012 General Fund
operating budget of approximately $124.6 million and employs approximately 925 full-time
positions throughout the City. The City has begun implementation of a Continuous Improvement
(LEAN) program to ensure that City business is conducted in the most efficient, customer service
oriented manner as possible. The City will achieve this goal through elimination of waste
throughout our processes and a careful examination of appropriate staffing levels to reduce
overall cost to provide service to the community.
The City of Chula Vista Police Department (CVPD) is authorized for 229 sworn officers and 88
civilian employees who are organized into three divisions -Patrol Operations, Investigations, and
Administrative Services - as well as selected functions operating under the Office of the Chief
(see attached organization chart-Attachment "A"). CVPD's general fund operating budget for FY
2012 is approximately $41.9 million, which is approximately 34% of the City's total General Fund.
The Police Department has experienced staffing reductions over the last five years due to the
downturn in the economy. Overall, the Department has eliminated 23 sworn positions, and 26
civilian positions. The Department has traditionally been "thinly staffed", but enjoys relatively low
crime rates (FBI Index Crime Rates - 22.91 overall crime rate; 2.84 violent crime rate; 20.08
property crime rate).' A majority of the sworn staff reductions have been in units otherthan patrol,
where the department has endeavored to maintain staffing strength.
The Department has a long history of being at the forefront in "Community Policing" and has won
the prestigious Herman Goldstein Award for Excellence in Policing for its "Reducing Crime and
Disorder at Motels and Hotels" project. The department has also developed an in-house patrol
staffing model that studies appropriate staffing levels given available officer time, total committed
and uncommitted officer time, and utilizes civilian staff for calls for service that doesn't require a
sworn officer to respond.
The Department has two important response time thresholds which are measured and reported
on an annual basis. These thresholds establish desired response times to Priority One
(Emergency, life threatening calls for service) and Priority Two (Urgent, non-life threatening calls
1 Based upon incident per 1,000 residents - 2011 mid-year statistics compiled by San Diego Association of Govenunents (SANDAL)
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for service) calls for service. Non-compliance with thresholds may result in a variety of corrective
actions, including a moratorium on building permits throughout the city.
The Department also runs a 48 bed, Type I jail facility which currently houses U.S. Marshals
Service female prisoners in 40 beds, with the remaining beds held for pre-arraignment prisoners.
SCOPE OF WORK
The City seeks an experienced consultant to conduct a staffing study in the Community Patrol
division (commonly referred to as "Patrol" in other agencies), as well as a comprehensive
organizational study. The purpose of the Community Patrol staffing study is to examine current
staffing levels, beat deployment and configuration strategy, span of control and work analysis.
The City would like the consultant to review the current Community Patrol staffing model for to
ensure that it meets the public safety needs of the City and make recommendations on any
changes that would be recommended to account for civilianization of duties not needing sworn
employee intervention as well as response time thresholds as required by City policy.
The consultant shall also provide a detailed review and analysis of the existing law enforcement
environment, organizational structure, management practices, and the staffing and support
resources of CVPD. This review should look for areas where Best Management Practices should
be implemented, as well as opportunities for improved efficiency.
Both studies should be mindful of the City's current economic outlook when making
recommendations for additional resources. Recommendations should include a priority order for
any resources that are recommended to be added.
The work program will be carried out under a plan consisting of the following three major tasks,
including but not limited to:
1) Review and evaluate present CVPD operations;
a. Community Patrol Division
b. Organization-wide
2) Define needs and formulate recommendations; and
3) Issue a Final Report, to include findings, recommendations and implementation.
The City desires the Community Patrol Staffing study to be a top priority, and requests this
study be done first. Consultant may begin work on the organization-wide study, but time is of the
essence for the Community Patrol study so recommendations can be included in the fiscal year
2012/2013 budget.
In order to assess the current expectations of the community, City Council and City leadership in
regards to the Police Departments operations, the Consultant shall at a minimum interview key
community leaders, City Council members, and key City leadership. The City will provide names
and contact information to set-up these interviews. Information from these interviews will be
utilized in formulating final recommendations/resource allocations.
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Task 1 -Review and Evaluate Community Patrol Staffing Levels
1. Perform an analysis of the patrol function workload and staffing. Examine the geographic,
temporal and functional deployment of patrol resources to ensure proper workload
distribution. This should be conducted with recommendations of proper staffing to meet
response time threshold standards of 6 minutes (received to arrive) for Priority One calls
for service, and 12 minutes (received to arrive) for Priority Two calls for service.
Recommendations should be separate and distinct for each threshold standard.
2. Assess the effectiveness of the current beat/district configuration and the 4-10 staffing
schedule in terms of cost, efficiency and effectiveness in relation to a 3-12 staffing model,
or other hybrid staffing models.
3. Assess the supervisor-to-employee ratio in Patrol.
4. Assess the utilization of non-sworn employees/volunteers in Patrol to handle non-
emergency calls for service.
5. Assess the department's policies in regards to responses to alarms calls and alternative
response options.
Task 2 -Review and Evaluate Present Operations
1. Assess the current organizational structure relative to efficient and effective management
and communications. Analyze the management of CVPD including planning, direction and
supervision, internal inspection and control, fiscal management, internal communications
and policy development, policy application.
2. Analyze the investigative division to determine staffing requirements and review case
management techniques:
a. Criminal Investigation Division: crimes of violence, property crimes and family
protection unit.
b. Special Investigations Unit: Narcotics Enforcement Team and police regulated
businesses/Licensing.
c. Cold Case investigations: Alternative staffing methods
3. Analyze the current staffing levels for all other sworn and non-sworn support functions.
4. Analyze the span of control for management and Command staff throughout the
organization.
5. Assess the potential for further use of civilian/volunteer positions in lieu of sworn positions.
6. Assess the department's use of technology and what improvements should be made in
order to improve efficiency throughout the department.
7. Assess the current volunteer program structure and use, as well as an analysis of how they
could be further utilized, either as the program now exists or in an expanded capacity, to
assist with organizational responsibilities.
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Task 3 -Define Needs and Formulate Recommendations Based on the findings of Task1 and
Task 2
1. Consultant shall recommend the most efficient organizational structure to accomplish the
functions and responsibilities identified. Is the Department organized to establish clear lines
of authority and communication? Are all necessary functions carried out at appropriate
levels? Do the lines of authority meet modern police management standards? Is the
internal policy making and communications process clear, understandable, and applied
equitably to all employees?
Z. Determine optimal and minimal staffing levels for all sworn and non-sworn support
functions. This determination should specify recommended numbers of sworn officers and
civilian positions by rank/position title and assignment. Develop a clear and reasonable
basis for evaluating optimal and minimal staffing requirements. Provide recommendations
for current staffing levels and staffing projections for at least five years, taking into account
the effects of the resident population, types of calls for service, and community policing
philosophy. Are the Department's staffing levels adequate to meet current and anticipated
demands? Can non-traditional staffing methods (volunteers) be utilized to provide the
same levels of service?
3. Advise regarding the quality of CVPD's deployment. Develop a plan of redeployment, if
Consultant deems such redeployment appropriate, based on the results of the analysis.
This should be commensurate with the City's fiscal capacity and account for projected
retirements from the sworn ranks in the next five years.
4. Recommend improvements to systems and processes to optimize efficiency and
effectiveness, in concert with the City's Continuous Improvement Program.
5. Is CVPD making appropriate use of investigative staffing and is case management
adequate?
6. Consider and advise regarding system enhancements in other work processes such as:
Succession Planning; Fleet management; Technology management; Dispatch staffing; and
Training.
7. Recommend changes to CVPD's current institutions/processes that would strengthen the
training effort including the recruiting process, and in-service training.
Task 4 -Final Regorts -Patrol Staffing and Organization-wide Study
1. The Consultant shall first issue a draft report to City project staff for review, questions and
comments.
2. Based upon staffs review/comments, the Consultant shall then issue a final report
detailing appropriate staffing levels in the Community Patrol Division, including any
civilian/volunteer staffing. This report should detail: appropriate geographic beat structure;
minimum staffing levels for each beat and each shift; appropriate shift scheduling (either
4/10 or 3/12 plan); and appropriate supervisory span of control ratios.
3. Report should prioritize changes that would result in additional budgetary support.
4. The Consultant shall then issue a final report detailing the findings and recommendations
of the organization-wide study.
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Task 5 -Implementation Plan
Each report shall include a detailed implementation plan which combines all recommendations
into a structured timetable. The implementation plan will:
1. Assign priorities to recommendations
2. Identify specific steps that are needed to implement each recommendation
3. Determine reasonable time frames for implementation
4. Identify the appropriate persons or units to implement each recommendation
5. Assess the financial impact associated with implementation
Other Tasks
The City, during this study or after the report is issued, may require certain other tasks to be
undertaken. Such additional tasks shall be authorized under the scope of this RFP, although they
well be separately negotiated. These tasks may include meetings or briefings concerning the
implementation of certain recommendations beyond the scope of commitments identified in this
RFP, training of personnel, or other work that the City Manager may require.
Projected Time Line
1. RFP Response Period -January 6 - 25, 2012
2. Consultant Selection -February 10, 2012
3. Consultant to complete TASK 1 - 60 days from contract signing
4. Consultant to complete remaining Tasks -within 180 days
Additional Requirements
1. Consultants response should include a minimum of two face to face meetings with project
staff (one pre-meeting and at least one post-meeting), as well as a presentation to the City
Council of the City of Chula Vista with the results and recommendations from the study.
2. Consultant shall provide a draft report for project team review prior to any release of final
reports.
INSURANCE REQUIREMENTS
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the consultant, his agents, representatives, employees
or subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
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Minimum Scoae of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to
the consultant's profession. Architects' and Engineers' coverage is to be
endorsed to include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
General Liability: (Including operations, $1,000,000 per occurrence for bodily injury,
products and completed operations, as Personal injury and property damage. If
applicable.) Commercial General Liability insurance with a
general aggregate limit is used, either the
general aggregate limit must apply separately
to this project/location or the general
aggregate limit must be twice the required
occurrence limit.
Automobile Liability $1,000,000 per accident for bodily injury and
Pro ert dama e.
Workers' Compensation Employer's Liability Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each em to ee
Professional Liability or Errors & Omissions $1,000,000.00 each occurrence
Liabilit $2,000,000 olic a re ate
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and volunteers;
or the consultant will provide a financial guarantee satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
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Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf of
the consultant, where applicable, and, with respect to liability arising out of work
or operations performed by or on behalf of the consultant's including providing
materials, parts or equipment furnished in connection with such work or
operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must
not exclude Products /Completed Operations coverage.
2. The consultant's General Liability insurance coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the insurance
of the contractor and in no way relieves the contractor from its responsibility to
provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each
required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant must
purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
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4. A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be
made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of
all required insurance policies, including endorsements evidencing the coverage required by
these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish separate
certificates and endorsements for each sub-consultant. All coverage for subconsultants are
subject to all of the requirements included in these specifications.
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PUBLIC DISCLOSURE
Proposals submitted in response to this RFP become the property of the City and public
records, and as such may be subject to public review. Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the proposal should contain a paragraph that states whether or not the vendor
believes that its proposal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not vendor
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed
if City, or a court with jurisdiction, determines that such proposal is a public record requiring
disclosure.
REFERENCES:
The ideal reference would be a government agency of similar size to Chula Vista. Provide
company name, address, contact person and phone number and dates of service provided as well
as a brief description of work provided.
Please list three (3) different customers for whom you are currently providing comparable
services. The ideal reference would be a government agency of similar size to Chula Vista.
City/Company Name:
Address:
Contact Person & Phone Number:
Date(s)Service Provided:
Description of Work Provided:
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2. City/Company Name:
Address:
Contact Person & Phone Number:
Date(s) Service Provided:
Description of Work Provided:
3. City/Company Name:
Address:
Contact Person & Phone Number:
Date(s) Service Provided:
Description of Work Provided:.
(Continued Next Page)
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PROPOSAL & OFFER TO CONTRACT
The respondent, herein sometimes called consultant, contractor, vendor, or supplier submits a
proposal and offers to enter into a contract with the City of Chula Vista, herein called City, this _
DAY OF , 2012 as follows:
This Proposal & Offer to Contract, subject to the specifications, terms and conditions, and
General Provisions herein, when duly accepted by the City shall constitute a contract between
the parties.
In consideration of the payments to be provided by the City, and in accordance with the
conditions expressed in the proposal forms and specifications attached, and by this reference
incorporated herein, Consultant agrees to furnish
Company Name
Address
City State Zip
Telephone
E-Mail Address
Print Name
Signature
Title
Date
Please provide a detailed cost proposal as a separate attachment to this proposal.
Please provide a title page with the following information:
RFP #03-11/12
POLICE DEPARTMENT PATROL STAFFING STUDY and
POLICE DEPARTMENT MANAGEMENT AND ORGANIZATIONAL REVIEW
PRICING PROSAL
Fax
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GENERAL PROVISIONS
Please Read Carefully
These Provisions Are a Part of Your Bid and any Contract Awarded
The bidder agrees that:
A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be
furnished or the work to be done; understands the meaning, intent, and requirements; and
B. Bidderwill enter into a written contract and furnish the item(s) or complete the work in the time
specified, and in strict conformity with the City of Chula Vista specifications for the prices
quoted.
Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal,
or quotation in response to a request for bid, request for proposal, or request for quotation. A
bidder may also be referred to as consultant, contractor, supplier, or vendor.
1. Prices
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and
corrections typed or written with ink adjacent to the error; the person signing the bid must initial
corrections in ink.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any
difference between the unit price correctly extended and the total price shown for all items bid
shall be resolved in favor of the unit prices, except when the bidder clearly indicates that the total
price for all items bid is based on consideration of being awarded the entire lot and that an
adjustment of the total price is being made in consideration of receiving the entire bid.
2. Bidder's Security
A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by
the City. The bid security may only be in cash, a cashier's check, a certified check made payable
to the City of Chula Vista, or a bidder's bond. If the bid security is a bond, it shall be executed by
a surety insurer authorized to issue surety bonds in the State of California. The bid security must
be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope.
3. Items Offered
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid.
If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned
on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade
designation. Unless such is noted on the bid form, it will be deemed that the item offered is that
designated even though the bid may state or equal.
4. Brand Names
Whenever reference to a specific brand name is made, it is intended to describe a component that
has been determined to best meet operational, performance, or reliability standards of the City,
thereby incorporating these standards by reference within the specifications. An equivalent (or
equal) may be offered by the bidder, subject to evaluation and acceptance by the City. It is the
bidder's responsibility to provide, at bidder's expense, samples, test data, or other documentation
the City may require to fully evaluate and determine acceptability of an offered substitute. The
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City reserves the sole right to reject a substituted component that will not meet or exceed City
standards.
5. Samples
Samples maybe required for bid evaluation and testing purposes. Bidders shall agree to provide
samples within forty-eight (48) hours upon request and at no additional cost to the City
6. Verify Quotations
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted
after the bid has been opened.
7. Firm Prices
Prices on bid shall be firm prices not subject to escalation. In the event the specifications
provide for escalation, the maximum limit shall be shown, or the bid shall not be
considered. In the event of a decline in market price below a price bid, the City of Chula
Vista shall receive the benefit of such decline.
8. Modification or Withdrawal of Bids
Bids may be modified or withdrawn by written or facsimile notice received prior to the
exact hour and date specified for receipt of bid. A bid may also be withdrawn in person
by a bidder, or authorized representative, prior to the exact hour and date set for receipt
of bids. Telephone withdrawals are not permitted.
9. Late Bids, Modifications, or Withdrawals
(a) Bids, modifications of bids, or bid withdrawals received. after the exact time and date
specified for receipt will not be considered unless receipt is before the contract is
awarded and the City determines that late receipt was due solely to City error.
(b) Modification of a successful bid that makes the terms of the bid more favorable to the
City will be considered at any time.
10. Mistake in Bid
(a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of
bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance
with Items 8 and 9 above.
(b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase
order or a contract, the apparent low and best bidder discovers a mistake in bid of a
serious and significant nature which is unfavorable to bidder, bidder may request
consideration be given to modifying the bid if it remains the lowest bid or to withdrawal
of the bid if the result of the correction of the mistake makes another bidder lowest and
best bidder. The mistake must be evident and provable. The right is reserved by the
City to reject any and all requests for correction of mistakes in bids received after the
hour and date of the bid closing. The decision of the Purchasing Agent is final as
regards acceptance or rejection of requests for correction of bids.
(c) A mistake in bid cannot be considered once a purchase order or contract is issued.
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11. Signature
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall
be signed by an authorized officer, employee or agent with his or her title.
12. No Bids
If no bid is to be submitted, the bid should be marked No Bid and returned to maintain the
bidder's name in the vendor file for future solicitations. A letter or postcard may be
submitted. If a bidder fails to respond to a reasonable number of bids without returning a
No Bid, the Purchasing Agent reserves the right to delete the bidder from the vendor file for
future solicitations.
13. Alternative Proposals
To be responsive to the bid, bidder must submit a proposal that meets all specific bid
requirements. Once bidder has proposed a product which is responsive to the
specification, bidder may include with the bid any additional proposals or alternative
products that bidder believes can meet or exceed the City's requirements and that may
offer additional advantages, benefits, or cost savings. The City reserves the right to
evaluate, and accept or reject, such alternatives as though they were part of the original
specifications without advertising for further bids, when in the best interests of the City.
Any awards so made will be based on operational and cost analysis considerations that
would result in the optimum economic advantage to the City.
14. Confidential Information
Any information deemed confidential or proprietary should be clearly identified by the
bidder as such. It may then be protected and treated with confidentiality only to the extent
permitted by state law. Otherwise the information shall be considered a public record.
Information or data submitted with a bid will not be returned.
15. Quality
Unless otherwise required in the specifications, all goods furnished shall be new and
unused.
16. Litigation Warranty
The bidder, by bidding, warrants that bidder is not currently involved in litigation or
arbitration concerning the materials or bidder's performance concerning the same or similar
material or service to be supplied pursuant to this contract of specification, and that no
judgments or awards have been made against bidder on the basis of bidder's performance
in supplying or installing the same or similar material or service, unless such fact is
disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City
reserves the right to evaluate bids on the basis of the facts surrounding such litigation or
arbitration and to require bidder to furnish the City with a surety bond executed by a surety
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company authorized to do business in the State of California and approved by The City of
Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional
on the faithful performance by bidder of the contract in the event the bid is awarded to
bidder, notwithstanding the litigation or arbitration.
17. Royalties, Licenses and Patents
Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The
bidder warrants that the materials to be supplied do not infringe any patent, trademark or
copyright and further agrees to defend any and all suits, actions and claims for
infringement that are brought against the City, and to defend, indemnify and hold harmless
the City from all loss or damages, whether general, exemplary or punitive, as a result of
any actual or claimed infringement asserted against the City, the bidder orthose furnishing
material to bidder pursuant to this contract.
18. Performance Standards
Performance of work and acceptability of equipment or materials supplied pursuant to any
contract or award shall be to the satisfaction of the City.
19. Warranties
(a) All material, labor or equipment provided under the contract shall be warranted by
bidder andJor manufacturer for at least twelve (12) months after acceptance by City.
Greater warranty protection will be accepted. Lesser warranty protection must be
indicated by bidder on the bid proposal as an exception
(b) Bidder shall be considered primarily responsible to the City for all warranty service,
parts and labor applicable to the goods or equipment provided by bidder under this bid
or award, irrespective of whether bidder is an agent, broker, fabricator or
manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is
performed at a local agency or facility convenient to City and that services, parts and
labor are available and provided to meet City's schedules and deadlines. City may
require bidder to post a performance bond after contract award to guarantee
performance of these obligations. Bidder may establish a service contract with a local
agency satisfactory to City to meet this obligation if bidder does not ordinarily provide
warranty service.
20. Addenda
The effect of all addenda to the bid documents shall be considered in the bid, and said
addenda shall be made part of the bid documents and shall be returned with them. Before
submitting a bid, each bidder-shall ascertain whether or not any addenda have been
issued, and failure to cover in this bid any such addenda issued may render the bid invalid
and result in its rejection.
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21. Specifications to Prevail
The detailed requirements of the specifications shall supersede any conflicting reference in
these General Provisions that are in conflict therewith.
22. Taxes
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for
State, City and County Sales Taxes. Do not include this tax in the amount bid. However,
tax is to be added by the successful bidder to the net amount invoiced. All or any portion
of the City Sales Tax returned to the City will be considered in the evaluation of bids.
23. Conflict of Interest
No City employee or elected or appointed member of City government, or member of the
employee's immediate family, may participate directly or indirectly in the procurement
process pertaining to this bid if they:
(a) Have a financial interest or other personal .interest that is incompatible with the proper
discharge of their official duties in the public interest or would tend to impair their
independence, judgment or action in the performance of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with
bidder. The bidderwarrants to the best of his knowledge that the submission of the bid
will not create such conflict of interest. In the event such a conflict occurs, the bidder is
to report it immediately to the Purchasing Agent. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability at its
discretion, and bidder may be subject to damages and/or debarment or suspension.
24. Gratuities
The City may rescind the right of the bidder to proceed under this agreement if it is found
that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the
bidder, or any agent or representative of the bidder, to any officer or employee of the City
with the intent of influencing award of this agreement or securing favorable treatment with
respect to performance of this agreement.
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25. Faithful Performance Bond
Successful bidder maybe required to furnish the City with a surety bond conditioned upon
the faithful performance of the contract. This may take the form of a bond executed by a
surety company authorized to do business in the State of California and approved by the
City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified
check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent
(100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the
City in the event that bidder receiving the contract shall fail or refuse to fulfill the
requirements and all terms and conditions of the contract.
26. Insurance
Should work be required on City premises, bidder shall provide proof of liability and
property damage insurance prior to performance of duties. Coverage shall be from a
company authorized to transact business in the State of California and shall be in an
amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified.
The City of Chula Vista shall be named as an additional insured and thirty (30) days notice
of cancellation shall be indicated. Worker's Compensation coverage for each employee
engaged in work on City premises is required. Bidder is solely responsible for all insurance
premium payments.
27. Indemnification
Bidder shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers, employees, and agents, from and against all claims for damages,
liability, and expenses (including attorney's fees) arising out of this agreement and/or
bidder's performance hereunder, except as to such damages, liability, and expenses due to
the sole negligence or willful acts of the City, its officers, employees or agents.
28. Award of Contract
(a) Bids will be analyzed and award will be made to the lowest, responsive and responsible
bidder whose bid conforms to the solicitation and whose bid is considered to be most
advantageous to the City, price and other factors considered. Factors to be considered
may include, but are not limited to: bidder's past performance, total unit cost, economic
cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the
operational requirements of the City and any other factors which will result in the
optimum economic benefit to the City.
(b) The City reserves the right to reject any item or items, to waive informalities, technical
defects and minor irregularities in bids received; and to select the bid(s) deemed most
advantageous to the City. The City will, however, consider bids submitted on an "all or
nothing" basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted, either
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by award of all items to one bidder or by award of separate items or groups of items to
various bidders as the interests of the City may require, unless the bidder clearly
specifies otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is
considered to be the administrative cost to the City for issuing and administering each
contract awarded under this solicitation, and individual awards will be made for the
items and combinations of items which result in the lowest aggregate price to the City,
including such administrative cost.
(e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price
quotation and a purchase order issued to the successful bidder shall be deemed to
result in a binding contract incorporating those terms and these General Provisions
without further action required by either party. Items are to be furnished as described in
the bid and in strict conformity with all instructions, conditions, specifications, and
provisions in the complete contract, as defined by this clause 28 or any related
integrated agreement.
29. Bid Results
To obtain bid results, either (1) attend bid opening or (2) provide aself-addressed,
stamped envelope referencing bid number, and bid tabulation will be mailed to you upon
verification of extensions or (3) visit the Purchasing Department no sooner than three (3)
working days after bid opening to review bid tabulation. Due to time constraints, bid results
cannot be given out over the phone.
30. Protests
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to
the Purchasing Agent no later than ten (10) calendar days after award recommendation.
The unsuccessful bidder shall have the right to appear at the City Council to protest any
award to be confirmed by Council. Failure to submit a timely written protest to the
Purchasing Agent shall bar consideration of such protest.
31. Documentation
Due to the time constraints that affect contract performance, all required documents,
certificates of insurance and bonds shall be provided to the City within ten (10) calendar
days following award or date of request by City, whichever is later. Any failure to comply
may result in bid being declared non-responsive and rejected, and at City's option the bid
bond may be attached for damages suffered.
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32. Discounts
(a) Prompt payment discounts offered for payment within less than fifteen (15) calendar
days will not be considered in evaluating bids for award. However, offered discounts of
less than 15 days will be taken if payment is made within the discount period, even
though not considered in the evaluation of bids.
(b) In connection with any discount offered, time will be computed from date of delivery and
acceptance, or invoice receipt, whichever is later. Payment is deemed to be made for
the purpose of earning the discount on the date of mailing of the City check.
(c) Any discount offered otherthan for prompt payment should be included in the net price
quoted and not included in separate terms. In the event this is not done, the City
reserves the right to accept the discount offered and adjust prices accordingly on the
Purchase Order.
33. Seller's Invoice
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase
Order. Separate invoices are required for each Purchase Order. Invoices shall contain the
following information: Purchase Order number, item number, description of supplies or
services, sizes, unit of measure, quantity, unit price and extended totals.
34. Inspection and Acceptance
Inspection and acceptance will be at destination unless specified otherwise, and will be
made by the City department shown in the shipping address or other duly authorized
representative of the City. Until delivery and acceptance, and after any rejection, risk of
loss will be on the bidder unless loss results from negligence of-the City.
35. Lost and Damaged Shipments
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City
is upon the bidder. The City has no obligation to accept damaged shipments and reserves
the right to return at the bidder's expense damaged merchandise even though the damage
was not apparent or discovered until after receipt of the items.
36. Late Shipments
Bidder is responsible to notify the City department receiving the items and the Purchasing
Agent of any late or delayed shipments. The City reserves the right to cancel all or any
part of an order if the shipment is not made as promised.
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37. Document Ownership
(a) All technical documents and records originated or prepared pursuant to this contract,
including papers, reports, charts, and computer programs, shall be delivered to and
become the exclusive property of the City and may be copyrighted by the City. Bidder
assigns all copyrights to City by undertaking this agreement.
(b) All inventions, discoveries, enhancements, changes, or improvements of computer
programs developed pursuant to this contract shall be the property of the City, and all
patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees
that City may make modifications to computer software furnished by bidder without
infringing bidder's copyright or any license granted to City.
38. Advertisements, Product Endorsements
City employees and agencies or organizations funded by the City of Chula Vista are
prohibited from making endorsements, either implied or direct, of commercial products or
services without written approval of the City Manager. No bidder may represent that the
City of Chula Vista has endorsed their product or service without the Purchasing Agent's
prior written approval.
39. City Provisions to Prevail
Except as indicated in the specifications, the City's standard General Provisions shall
govern any contract award. Any standard terms and conditions of bidder submitted by
bidder shall not be acceptable to City unless expressly agreed to by the City. The City
reserves the right to reject bidder's bid as non-responsive, to consider the bid without
bidder's standard terms and conditions, or to require bidder to delete reference to such as
a condition of evaluation or award of the bid. If, after award of contract, bidder (contract
vendor) shall provide materials or services accompanied by new or additional standard
terms or conditions, they too shall be considered void and City may require deletion as a
further condition of performance by vendor. To the extent not otherwise provided for by the
contract documents, the California Commercial Code shall apply.
40. Invalid Provisions
In the event that any one or more of the provisions of this agreement shall be found to be
invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be
enforceable.
41. Amendments and Modifications
The Purchasing Agent may at any time, by written order, and without notice to the sureties,
make a modification to the contract or an amendment to the Purchase Order, within the
general scope of this contract, in (1) quantity of materials or service, whether more or less;
(2) drawings, designs, or specifications, where the supplies to be furnished are to be
specially manufactured for the City; (3) method of shipment or packing; and (4) place of
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delivery. If any such change causes an increase or decrease in the cost or the time
required for the performance of this contract, an equitable adjustment shall be made by
written modification of the contract or amendment to the Purchase Order. Any claim by the
bidder for adjustment under this clause must be asserted within 30 calendar days from the
notification date.
42. Assignment
Vendor shall not assign or delegate duties or responsibilities under this agreement, in
whole or in part, without prior written approval of the City.
43. Disputes
Except as otherwise provided in these provisions, any dispute concerning a question of fact
arising under this contract, which is not disposed of by agreement, shall be decided by the
Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder.
The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests
mediation within ten (10) calendar days. Pending the final decision of a dispute, the bidder
shall proceed diligently with the performance of the contract and in accordance with the
Purchasing Agent's decision.
44. Mediation
Should an unresolved dispute arise out of this agreement, any party may request that it be
submitted to mediation. The parties shall meet in mediation within thirty (30) days of a
request. The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the
American Arbitration Association, the California State Board of Mediation and Conciliation,
or other agreed-upon service. The mediator shall be selected by a blindfold process.
The cost of mediation shall be borne equally by both parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement.
The mediation process, once commenced by a meeting with the mediator, shall last until
agreement is reached by the parties but not more than sixty (60) days, unless the
maximum time is extended by both parties.
45. Lawful Performance
Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and
Statutes as maybe related to the performance of duties under this agreement. In addition,
all applicable permits and licenses required shall be obtained by the vendor, at vendor's
sole expense.
46. Business License
Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the
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City to obtain a Business License. Section 5.02.20 states: It is unlawful foranyperson, or
for any person as agent, clerk or employee, either for himself or for any other person,
within the corporate limits of the City, fo 'transact, engage in, or carry on any
business, show, exhibition or game hereinafter specified without first having procured a
license.
47. Annual Appropriation of Funds
Multi-year term supply and service contracts and leases are subject to annual appropriation
of funds by the City Council. Payments made under term contracts and leases are
considered items of current expense. Purchase Orders are funded when issued; therefore,
they are current expense items and are not subject to any subsequent appropriation of
funds.
In the event sufficient funds are not appropriated for the payment of lease payments or
anticipated term contract payments required to be paid in the next occurring lease or
contract term, and if no funds are legally available from other sources, the lease or contract
may be terminated at the end of the original term or renewal term and the City shall not be
obligated to make further payments beyond the then current original or renewal term. The
City will provide notice of its inability to continue the lease or contract at such time as the
Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify
does not renew the term of the lease or contract. The City has no monetary obligation in
event of termination or reduction of a term contract since such contracts represent
estimated quantities and is not funded as a contract except to the extent of the Purchase
Orders issued.
48. Extension
When in the City's best interest, this agreement may be extended on a daily, month-to-
month, or annual basis by mutual agreement of both parties. Services and/or materials
received under an extension shall be in accordance with pricing, terms, and conditions, as
described herein.
49. Debarment
The Purchasing Agent may recommend to the City Council that the person or business be
debarred from consideration for award of contracts. The period of debarment will be
contingent upon the severity of cause. Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or other offense
indicating a lack of business integrity or business honesty which directly affects
responsibility as a City bidder.
Page 27
10-30
wry
.:~:.
ar of
CHUTA VISW
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so
serious as to justify debarment action, including:
(1) Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
(2) A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one or more contracts;
(3) Two or more claims of computational error in bid submission within a two year
period.
(c) Debarment by another governmental entity.
(d) Any other cause the Purchasing Agent deems to be so serious and compelling as to
affect responsibility as a City bidder. A bidder may be permanently debarred for the
following causes:
(1) Collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a contract or subcontract with the City of Chula Vista or in the
performance of such contract or subcontract.
(3) Conviction under State or Federal antitrust statutes arising out of the submission
of bids or proposals.
50. Termination
The City may terminate this agreement and be relieved of any consideration to the vendor
should vendor fail to perform in the manner required. Furthermore, the City may terminate
this agreement for any reason without penalty upon giving thirty (30) days written notice to
the vendor. In the event of termination, the full extent of City liability shall be limited to an
equitable adjustment and payment for materials and/or services authorized by and
received to the satisfaction of the City prior to termination.
Page 2S
10-31
CYIY OF
CHUTA VISfA
51. Venue
This agreement shall be governed by and interpreted according to the laws of the State of
California, and venue for any proceeding shall be in the County of San Diego.
(REV 4110)
Page 29
10-32
\lnA~.
Cf1Y OF
CHUTA VISTA
ATTACHMENT "A"
STANDARD TWO PARTY AGREEMENT (ATTACHED)
Page 30
10-33
RESOLUTION NO. 2012-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR SERVICES TO MATRIX CONSULTING
GROUP TO CONDUCT A POLICE DEPARTMENT PATROL
STAFFING STUDY AND MANAGEMENT AND
ORGANIZATIONAL REVIEW
WHEREAS, The City of Chula Vista published a Request for Proposal #03-11/12 for
consultant services to conduct a Police Department Patrol Staffing Study and Management and
Organizational Review study; and
WHEREAS, seven vendors submitted responses to conduct the studies; and
WHEREAS, City staff conducted a comprehensive review to determine the best
qualified vendor to conduct the study; and
WHEREAS, Matrix Consulting Group demonstrated the ability and the expertise to
conduct the studies in accordance to the scope of work requirements for these studies; and
WHEREAS, Matrix Consulting Group was the lowest price bidder; and
WHEREAS, Matrix Consulting Group submitted a firm contract price of $75,000 to
conduct the studies.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept bids and award a contract for services to Matrix Consulting Group to
conduct a Police Depaztment Patrol Staffing Study and Management and Organizational
Review Study in the form presented with such minor modifications as may be approved or
required by the City Attorney, a copy of which shall be kept on file with the City Clerk.
Presented b
/L/
Edw d hew
Continuous Improvement Manager
Approved as to form by:
~l
Glen Googins
City Attomey
10-34
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~~ ~ 02 ~~'
Gle -R. Googins
City Attorney
Dated: °~ ~ S/ ~~
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
MATRIX CONSULTING GROUP
TO PROVIDE
POLICE DEPARTMENT PATROL STAFFING STUDY AND
POLICE DEPARTMENT MANAGEMENT AND
ORGANIZATIONAL REVIEW
10-35
Agreement between
City of Chula Vista
and
Matrix Consulting Group
To Provide
POLICE DEPARTMENT PATROL STAFFING STUDY and
POLICE DEPARTMENT MANAGEMENT AND ORGANIZATIONAL REVIEW
This agreement (Agreement), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A to this Agreement (Exhibit A), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, the Police Department of the City of Chula Vista has experienced
significant staffing reductions (in both sworn and civilian positions) since 2007 and not had a
patrol staffing study conducted since 2005; and
WHEREAS, the Police Department has had several organizational changes since 2007,
including a major shift in patrol beat alignments into two distinct policing districts (Northern and
Southern Districts); and
WHEREAS, the City of Chula Vista has undergone significant budget reductions since
2007 which has affected the City's ability to meet the service needs of the Chula Vista
community; and
WHEREAS, the City of Chula Vista has begun implementation of a Continuous
Improvement philosophy to reduce waste in processes and seek maximum efficiency throughout
the organization, including the Police Department; and
WHEREAS, The City seeks an experienced consultant to conduct a staffing study in the
Patrol division, as well as a comprehensive organizational study; and
WHEREAS, The purpose of the Community Patrol staffing study is to examine current
staffing levels, beat deployment and configuration strategy, span of control and work analysis.
The City would like the consultant to review the current Community Patrol staffing model for to
ensure that it meets the public safety needs of the City and make recommendations on any
changes that would be recommended to account for civilianization of duties not needing sworn
employee intervention as well as response time thresholds as required by City policy; and
WHEREAS, The consultant shall also provide a detailed review and analysis of the
existing law enforcement environment, organizational structure, management practices, and the
staffing and support resources of CVPD. This review should look for areas where Best
Page 1
Two Party Agreement Between City of Chula ~s[a and Cottsultant (MadriX Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MA{VgGEkI~NT AND ORGAN/ZATIONAL REVIEN^' -Feb 2011
Management Practices should be implemented, as well as opportunities for improved efficiency;
and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to Ciry in accordance with the
time frames and the terms and conditions of this Agreement.
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS .
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Pazagraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Pazagraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
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Two Party Agreement Between City ojChula Vista and Consultant (Matrix Consulting Graup) to Conduct the "POLICE DEPARTMENT
PATROL STAFF/NGSTUDYand POLlCEDEPARTMENT MAiVgGE~ENTAND ORGANIZATIONAL REVIEW"-Feb 2012
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Page 3
Two Party Agreement Between City of Chula Vida and Consultant (Matrix Consulting Group) [o Conduct the "POLICE DEPARTMENT
PATROL STAFF/NG STUDY and POLICE DEPARTMENT MANQGE~~NT AND ORGANIZATIONAL REV/EN^' -Feb 2012
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabilit $1,000,000 disease-each em loyee
iv. Professional $1,000,000 each occurrence i
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
Page 4
Two Party Agreement Between City ojChula ~sfa and Consulmnt (Matrix Consulfittg Group) m Conduc[ the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MAf'~GF~~NT AND ORGANIZATIONAL REVIEW"-Feb 2012
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly sepazate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five yeazs after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five yeazs after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
Page 5
Twa Party Agreement Between Ciry ojChu[a Vista and Consukan! (Matrix Cansulling Group) [a Conduct tke "POL/CE DEPARTMENT
PATROL STAFF/NG STUDY and POLICE DEPARTMENT MA~V~GE~kjVT AND ORGAN/ZATIONAL REV/EW" -Feb 2012
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coveraee. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Departrnent of Treasury Circular 570,
http•//www fms.treas.Qov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
Page 6
Two Parry Agreement Between City ojChula Vista and Consultant (Matrix Consulting Group) to Conduct the "POL/CE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MA1VgGEet/~NT AND ORGAN/ZATIONAL REVIEW"-Feb 2012
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need far
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the pazenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regulazly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
Followin(; Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Pazagraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Pazagraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. SupnortinQ Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
Page 7
Two Party Agreement Between City ajChula Vista and Cansullan[ (Matrix Cattsulltng Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFlNC STUDY and POLlCEDEPARTMENT MA~QGEd/~NT AND ORGAN/ZAT/ONAL REV/EW"-Feb 2012
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Anproval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Pazagraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Particination in Decision. Regazdless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
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Two Party Agreement Between City of Chula Vuta and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFF/NG STUDY and POL/CE DEPARTMENT MA1 gGEA1FNT AND ORGAN/ZAT/ONAL REVIEW"-Feb 2012
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflictine Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
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Two Party Agreement Between City ojChula Vista and Consultant (Matrix Consulting Graup) to Canduc[ the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POL/CE DEPARTMENT Mg/VjiGF./N~NT AND ORGANIZATIONAL REVIEW"-Feb 2011
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
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Two Party Agreement Between City of Chula Vuta and Consultam (Matrix Consulting Group) m Conduct the `POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICEDEPARTMENT MANAGEMENT AND ORGAN/ZATIONAL REVIEW' -Feb 2012
10-45
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Desi~rt Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend; indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VL TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
Page I1
Two Parry Agreement Between City ajChula Vista and Consultant (Matrix Consulting Group) [o Conduct the `POL/CE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT M~jN~GyMwF,NT AND ORGANIZATIONAL REV/EW°-Feb 2071
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
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Twa Party Agreement Between City of Chula Vista and Cottsultant (Matrix Consulting Group) !o Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT M~N,~iGE~NT AND ORGANIZATIONAL REV/EW" -Feb 2012
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
ettitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
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Two Party Agreement Between City of Chula Pasta and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICEDEPARTMENT MAN,4GE~YLENT AND ORGANIZATIONAL REV/EN^' -Feb 1012
2. No Obli,;ations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which aze incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepazes a report or document, or
participates in the prepazation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is mazked, the Consultant and/or is principals is/aze licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
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Two Party Agreement Between City of Chula Ptsta and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STODY and POLICE DEPARTMENT MAh'd GF,iY1ENTAND ORGANIZAT/ONAL REV/EW" -Feb 1012
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Two Parry Agreement Between City ojChula Vista and Consu/toot (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MA/V®GF~1~NT AND ORGANIZATIONAL REVfEW° -Feb 201 Z
Signature Page
to
Agreement between
City of Chula Vista and
Matrix Consulting Group,
To Provide
POLICE DEPARTMENT PATROL STAFFING STUDY and
POLICE DEPARTMENT MANAGEMENT AND ORGANIZATIONAL REVIEW
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox
Mayor, City of Chula Vista
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
Dated:
Matrix Consulting Group
By:
Richard Brady
President
Exhibit List to Agreement (X) Exhibit A.
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Two Parry Agreement Between Ciry of Chu[a Pula and Consultant (Matrix Consuhing Graup) to ConduR the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT M ~ ~GErJM1 NT AND ORGANIZATIONAL REVIEW" -Feb 20/2
Exhibit A
to
Agreement between
City of Chula Vista
and
Matrix Consulting Group
1. Effective Date of Agreement:
2. City-Related Entity:
(X)City of Chula Vista, a municipal chartered corporation of the State of California
ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
OIndustrial Development Authority of the City of Chula Vista, a
OOther:
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Matrix Consulting Group
5. Business Form of Consultant:
()Sole Proprietorship
()Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
721 Colorado Avenue, Suit 101
Palo Alto, CA 94303
P - (650) 858-0507
F - (650) 858-0509
a [insert business form]
Page 17
Twa Party Agreement Between City ojChu[a Pista and Cansu(mnt (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MA~BG$61~NT AND ORGANIZATIONAL REI?EW"-Feb 2012
7. General Duties:
The City seeks an experienced consultant to conduct a staffing study in the Community
Patrol division (commonly referred to as "Patrol" in other agencies), as well as a
comprehensive organizational study. The purpose of the Community Patrol staffing study
is to examine current staffing levels, beat deployment and configuration strategy, span of
control and work analysis. The City would like the consultant to review the current
Community Patrol staffing model for to ensure that it meets the public safety needs of the
City and make recommendations on any changes that would be recommended to account
for civilianization of duties not needing sworn employee intervention as well as response
time thresholds as required by City policy.
The consultant shall also provide a detailed review and analysis of the existing law
enforcement environment, organizational structure, management practices, and the
staffing and support resources of CVPD. This review should look for areas where Best
Management Practices should be implemented, as well as opportunities for improved
efficiency.
Both studies should be mindful of the City's current economic outlook when making
recommendations for additional resources. Recommendations should include a priority
order for any resources that are recommended to be added.
The work program will be carried out under a plan consisting of the following three
major tasks, including but not limited to:
1) Review and evaluate present CVPD operations;
a. Community Patrol Division
b. Organization-wide
2) Define needs and formulate recommendations; and
3) Issue a Final Report, to include findings, recommendations and implementation.
The City desires the Community Patrol Staffing study to be a top priority, and
requests this study be done first. Consultant may begin work on the organization-wide
study, but time is of the essence for the Community Patrol study so recommendations can
be included in the fiscal year 2012/2013 budget.
In order to assess the current expectations of the community, City Council and City
leadership in regards to the Police Departments operations, the Consultant shall at a
minimum interview key community leaders, City Council members, and key City
leadership. The City will provide names and contact information to set-up these
interviews. Information from these interviews will be utilized in formulating final
recommendations/resource allocations.
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Two Party Agreement Between City ojChula Vista and Consuhant (Matrix Consuhing Group) [a Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MAN,IGF~(~NT AND ORGANIZATIONAL REVIEW" -Feb 1011
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task 1 -Review and Evaluate Community Patrol Staffin¢ Levels
1. Perform an analysis of the patrol function workload and staffing. Examine the
geographic, temporal and functional deployment of patrol resources to ensure
proper workload distribution. This should be conducted with recommendations of
proper staffing to meet response time threshold standards of 6 minutes (received
to arrive) for Priority One calls for service, and 12 minutes (received to arrive) for
Priority Two calls for service. Recommendations should be separate and distinct
for each threshold standard.
2. Assess the effectiveness of the current beat/district configuration and the 4-10
staffing schedule in terms of cost, efficiency and effectiveness in relation to a 3-
12 staffing model.
3. Assess the supervisor-to-employee ratio in Patrol.
4. Assess the utilization of non-sworn employees/volunteers in Patrol to handle non-
emergency calls for service.
5. Assess the department's policies in regards to responses to alarms calls and
alternative response options.
Task 2 -Review and Evaluate Present Operations
1. Assess the current organizational structure relative to efficient and effective
management and communications. Analyze the management of CVPD including
planning, direction and supervision, internal inspection and control, fiscal
management, internal communications and policy development, policy
application.
2. Analyze the investigative division to determine staffing requirements and review
case management techniques:
a. Criminal Investigation Division: crimes of violence, property crimes and
family protection unit.
b. Special Investigations Unit: Narcotics Enforcement Team and police
regulated businesses/Licensing.
c. Cold Case investigations: Alternative staffing methods
3. Analyze the current staffing levels for all other sworn and non-sworn support
functions.
4. Analyze the span of control for management and Command staff throughout the
organization.
5. Assess the potential for further use of civilian volunteer positions in lieu of sworn
positions.
6. Assess the department's use of technology and what improvements should be
made in order to improve efficiency throughout the department.
7. Assess the cun•ent volunteer program structure and use, as well as an analysis of
how they could be further utilized, either as the program now exists or in an
Page 19
Two Party Agreement Relween City of Chula Vista and Consultatt[ (Matrix Consulting Croup) to Conduct lbe "POLICE DEPARTMENT
PATROL STAFFING STUDY and POL/CE DEPARTMENT MASV~CEdI~NT AND ORGAN/ZATIONAL REVIEW" -Feb 1012
expanded capacity, to assist with organizational responsibilities.
Task 3 -Define Needs and Formulate Recommendations Based on the findin¢s of Taskl
and Task 2
1. Consultant shall recommend the most efficient organizational structure to
accomplish the functions and responsibilities identified. Is the Department
organized to establish clear lines of authority and communication? Are all
necessary functions carried out at appropriate levels? Do the lines of authority
meet modern police management standards? Is the internal policy making and
communications process clear, understandable, and applied equitably to all
employees?
2. Determine optimal and minimal staffing levels for all sworn and non-sworn
support functions. This determination should specify recommended numbers of
sworn officers and civilian positions by rank/position title and assignment.
Develop a clear and reasonable basis for evaluating optimal and minimal staffing
requirements. Provide recommendations for current staffing levels and staffing
projections for at least five years, taking into account the effects of the resident
population, types of calls for service, and community policing philosophy. Are the
Department's staffing levels adequate to meet current and anticipated demands?
Can non-traditional staffing methods (volunteers) be utilized to provide the same
levels of service?
3. Advise .regarding the quality of CVPD's deployment. Develop a plan of
redeployment, if Consultant deems such redeployment appropriate, based on the
results of the analysis. This should be commensurate with the City's fiscal
capacity and account for projected retirements from the sworn ranks in the next
five years.
4. Recommend improvements to systems and processes to optimize efficiency and
effectiveness, in concert with the City's Continuous Improvement Program.
5. Is CVPD making appropriate use of investigative staffing and is case management
adequate?
6. Consider and advise regarding system enhancements in other work processes such
as: Succession Planning; Fleet management; Technology management; Dispatch
staffing; and Training.
7. Recommend changes to CVPD's current institutions/processes that would
strengthen the training effort including the recruiting process, and in-service
training.
Task 4 -Final Reports -Patrol Staffin¢ and Organization-wide Stud
1. The Consultant shall first issue a draft report to City project staff for review,
questions and comments.
2. Based upon staffs review/comments, the Consultant shall then issue a final report
detailing appropriate staffing levels in the Community Patrol Division, including
any civilian/volunteer staffing. This report should detail: appropriate geographic
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Two Party Agreement Between City of Chula Vista and Consultant (Matrix Consulting Group) to Conduct !be "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICEDEPARTMENT MA~~GE~JF,T'T AND ORGANJZAT/ONAL REVIEW"-Feb 2011
beat structure; minimum staffing levels for each beat and each shift; appropriate
shift scheduling (either 4/10 or 3/12 plan); and appropriate supervisory span of
control ratios.
3. Report should prioritize changes that would result in additional budgetary
support.
4. The Consultant shall then issue a final report detailing the findings and
recommendations of the organization-wide study.
Task 5 - Imnlementation Plan
Each report shall include a detailed implementation plan which combines all
recommendations into a structured timetable. The implementation plan will:
1. Assign priorities to recommendations
2. Identify specific steps that are needed to implement each recommendation
3. Determine reasonable time frames for implementation
4. Identify the appropriate persons or units to implement each recommendation
5. Assess the financial impact associated with implementation
Other Tasks
The City, during this study or after the report is issued, may require certain other tasks to
be undertaken. Such additional tasks shall be authorized under the scope of this RFP,
although they well be separately negotiated. These tasks may include meetings or
briefings concerning the implementation of certain recommendations beyond the scope of
commitments identified in this RFP, training of personnel, or other work that the City
Manager may require.
Projected Time Line
1. RFP Response Period -January 6 - 25, 2012
2. Consultant Selection -February 28, 2012
3. Consultant to complete TASK 1 - 60 days from contract signing
4. Consultant to complete remaining Tasks -within 180 days
Additional Requirements
Consultants response should include a minimum of two face to face meetings with
project staff (one pre-meeting and at least one past-meeting), as well as a
presentation to the City Council of the City of Chula Vista with the results and
recommendations from the study.
Consultant shall provide a draft report for project team review prior to any release
of final reports.
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Two Party Agreement Retween City of Chula Vista and Consul[ant (Matrix Consulting Croup) m Conduct the "POLICE DEPARTMENT
PATROL STAFF/NG STUDY and POLICE DEPARTMENT MAJJ~GF~I~NT AND ORGANIZATIONAL REV/EW"-Feb 2012
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
OOther:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Provide five (5) copies of the draft Patrol Staffing Study to City for
review 60 business days from Effective Date of Agreement.
Deliverable No. 2: Provide five (5) copies of the draft Management and Organizational
Review study to the City within 180 days from Effective Date of Agreement.
Deliverable No. 3: Provide five (5) copies of the final Patrol Staffing Study and
Management and Organizational Review study to the City within 30 days from receipt of
final approval from City.
Deliverable No. 4: Make a presentation of findings of both studies to the City Council of
the City of Chula Vista for their review.
D. Date for completion of all Consultant services: Fifty two (52) weeks from
commencement of Consultant Services.
9. Materials Required to be Supplied by City to Consultant: Various work load data
10. Compensation: Price not to exceed $75,000.
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: $75,000, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
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Two Parry Agreement Between City ojChu[a Vum and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MAi~GEhjljVTAND ORGANIZATIONAL REPIEW"-Feb 2012
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. Delivery of Draft Report for Patrol Staffing $ 30,000
2. Delivery of Draft Report for Final Study $ 30,000
3. Final Report and Council Presentation $ 15,000
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. OHourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
Page 23
Two Parry Agreement Between City of Chula Vista and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFF/NG STUDY and POLICE DEPARTMENT M~tNgGF,D~ENT AND ORGANIZATIONAL REVIEW" -Feb 1011
(1) O Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for ,including all
Materials, and other "reimbursables" (Maximum Compensation).
(2) OLimitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X)None, the compensation includes all costs.
Cost or Rate
O Reports, not to exceed $ $
() Copies, not to exceed $ $
() Travel, not to exceed $ $
O Printing, not to exceed $ $
O Postage, not to exceed $ $
O Delivery, not to exceed $ $
O Outside Services: $
O Other Actual Identifiable Direct Costs: $
,not to exceed $ $
not to exceed $ $
12. Contract Administrators:
City:
Police Department Point of Contact -Capt. Gary Wedge, (619) 691-5218
Contract Administration
Edward Chew, Continuous Improvement Manager, (619) 691-5013
Page 24
Twa Party Agreement Between City ojChula Vista attd Cottsulmm (Matrix Consulting Group) to Conduct the "POL/CE DEPARTMENT
PATROL STAFFING STUDY and POL/CE DEPARTMENT M 1 0 C 5 9 NT AND ORGANIZATIONAL REVIEW" - F'eb 2011
Consultant:
Richard Brady -President, Matrix Consulting Group, (650) 858-0507
13. Liquidated Damages Rate: N/A
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X)Not Applicable. Not an FPPC Filer.
O FPPC Filer
()Category No. 1. Investments, sources of income and business interests.
OCategory No. 2. Interests in real property.
()Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
()Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two yeazs, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
OList Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
Page 25
Two Parry Agreement Between City ojChula Vista and ConsuUant (Matrix Consulting Group) to Conduct the `POLICE DEPARTMENT
PATROL STAFF/NG ST(7DY and POLICE DEPARTMENT M ~ OG 6 ONT AND ORGAN/ZAT/ONAL REV/EW"-Feb 20]2
I5. ()Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
OMonthly
( )Quarterly
(X) Other: Upon completion of deliverables as stated in 10 (B) above.
B. Day of the Period for submission of Consultant's Billing:
First of the Month
15th Day of each Month
End of the Month
Other:
C. City's Account Number: 09100
Page 26
Two Party Agreement Benueen City of Chula Vista and Consultant (Matrix Consulting Group) to Conduct [he `POLICE DEPARTMENT
PATROL STAFFING STUDY and POL/CE DEPARTMENT MAi AOCE6Mi NT AND ORGAN/ZATIONAL REVIEW" -Feb 2011
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CHUW VISTA
Disclosure Statement***
Additionat t nformation
Item 10
2-28-2012
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires
discretionary action by the City Council, Planning Commission or other official legislative body
of the City, a statement of disclosru'e of certain ownerships, financial interests, payments, and
campaign contributions must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application, project or contract (e.g., owner, applicant,
contractor, subcontractor, material supplier).
Richard P. Brady Alan D. Pennington
Gary E. Goelitz Greg R. Mathews
2. If any person* identified in section I. above is a corporation or partnership,
list the names of all individuals with an investment of $2000 or more in the
business (corporation/partnership) entity.
Richard P. Brady Alan D. Pennington
Gary E. Goelitz Greg R. Mathews
3. If any person* identified in section 1. above is anon-profit organization or
trust, list the names of any person who is the director of the non-profit
organization or the names of the trustee, beneficiary and trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or
independent contractors, whom you have authorized to represent you before
the City in this matter.
Richard P. Brady Greg R Mathews
Rnhert Pinn Tohn M. T.ehr
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 585-5722
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CHUTA VISTA
DISCIOSnrC StAt'CrneOt*~*
Disclosure Statement -Page 2
Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, had any financial dealings with an
official** of the City of Chula Vista as it relates to this contract, project or
application within the past 12 months? Yes_ No_X_
If Yes, briefly describe the nature of the financial interest the official** may
have in this contract.
6. Has any person* anyone identified in l., 2., 3., or 4., above, or otherwise
associated with this contract, project or application, made a campaign
contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No_X_ Yes_ If yes, which
Cotmcil member?
Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, provided more than $420 (or an item
of equivalent value) to an official** of the City of Chula Vista in the past
twelve (12) months? (This includes any payment that confers a personal
benefit on the recipient, a rebate or discotmt in the price of anything of value,
money to retire a legal debt, gifr, loan, etc.) Yes NoX_
If Yes, which official** and what was the nature of item provided?
8. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with
this contract, project or application, been a source of income of $500 or more to
an official** of the City of Chula Vista in the past twelve (12) months?
Yes No X
276 Fourth Avenue ~ Chula Vista ~ California ~ 91910 ~ (619) 585-5722
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task 1 -Review and Evaluate Community Patrol Staffing Levels
1. Perform an analysis of the patrol function workload and staffing. Examine the
geographic, temporal and functional deployment of patrol resources to ensure
proper workload distribution. This should be conducted with recommendations of
proper staffing to meet response time threshold standards of 6 minutes (received
to arrive) for Priority One calls for service, and 12 minutes (received to arrive) for
Priority Two calls for service. Recommendations should be separate and distinct
for each threshold standard.
2. Assess the effectiveness of the current beat/district configuration and the 4-10
staffing schedule in terms of cost, efficiency and effectiveness in relation to a 3-
12 staffing model.
3. Assess the supervisor-to-employee ratio in Patrol.
4. Assess the utilization of non-sworn employees/volunteers in Patrol to handle non-
emergency calls for service.
5. Assess the department's policies in regards to responses to alarms calls and
alternative response options.
6. Issue a report citing findings for items one through five (1 - 5) above with
recommendations for staffing levels, beat configurations, additional beats, and
staffing schedules. The report should address response time threshold standards
individually (staffing levels, beats, etc. to achieve compliance with each
standard).
Task 2 -Review and Evaluate Present Operations
1. Assess the current organizational structure relative to efficient and effective
management and communications. Analyze the management of CVPD including
planning, direction and supervision, internal inspection and control, fiscal
management, internal communications and policy development, policy
application.
2. Analyze the investigative division to determine staffing requirements and review
case management techniques:
a. Criminal Investigation Division: crimes of violence, property crimes and
family protection unit.
b. Special Investigations Unit: Narcotics Enforcement Team and police
regulated businesses/Licensing.
c. Cold Case investigations: Alternative staffing methods
3. Analyze the current staffing levels for all other sworn and non-sworn support
functions.
4. Analyze the span of control for management and Command staff throughout the
organization.
5. Assess the potential for further use of civilian/volunteer positions in lieu of sworn
positions.
Page 19
Two Party Agreement Between City of Chula Vista and Consultant (Matrix Consulting Group) to Conduct the "POLICE DEPARTMENT
PATROL STAFFING STUDY and POLICE DEPARTMENT MANAGEMENT AND ORGANIZATIONAL REVIEW" -Feb 2012