HomeMy WebLinkAbout2013/12/17 Item 07 ._,�-
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� -���� AGENDA STATEMENT
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�'`CHULA VISfA
DECEMBER 17. 2013 Item �
ITEn'I TITLE: A) RESOLUTION OF THE CITY COiJ\`CIL OF THE
CITY OF CHULA VISTA ACCEPTII�'G 5596,87>
FROM THE UI�rITED STATES DEPARTME\'T OF
NSTICE; OFFICE OF NST]CE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE FOR
I\'I�'OVATIVE RESPOI�'SES TO REDUCII�'G REPEAT
DOMESTIC VIOLENCE AND. APPROPRIATING
�121,545 TO THE FISCAL YE.4R 2014 POLICE
GRANT FLND
B) RESOLUTION OF THE CITY COiJNCIL OF THE
CITY OF CHULA VISTA �VAIVING THE
COMPETITNE FORMAL BID REQUIREMENT AND
APPROVIIvG A CONTRACT FOR PROFESSIOA'AL
SERVICES FO THE POLICE DEPAR'I`MENT
SUBMITTED B1': CHIEF OF POLICE
REVIER'ED BI': CITY MAI�'A
ASSISTAN'��W" CITY MANAGER
4/STHS VOTE: l'ES �X NO �
SUD'II�7ARY
The Police Department received a notice of a grant award in the amount of 5�96,875 from
the U.S. Department of Justice (Office of Justice Programs' Bureau of Justice Assistance).
71ris grant will fund a problem-oriented policin�project to reduce repeat domestic��iolence.
ENVIRONA7ENTAL REYIEN'
The proposed activity has been reviewed for compliance with the Califomia
Environmental Quality Act (CEQA) and it has been detemuned that the activiry is not a
"ProjecY' as defined under Section 1�378 of the State CEQA guidelines because it will
not result in a physical change in the envuonment; therefore; pursuant to Section
1�060(c)(3) of the State CEQA Guidelines, the activiry is not subject to CEQA. Thus, no
environmental review is necessary.
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DECEMBER 17, 2013, Item �
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RECOMMENDATION
Council adopt the resolutions.
BOARDS/COn�'IISSION RECONIlVIENDATION
Not Applicable.
DISCUSSION
As part of its Smart Policing Initiative (SPI), in September 2013, the Office of Justice
Programs' Bureau of Justice Assistance awarded the Police Department $596,875 in
grant funds to implement a comprehensive, 3-year problem-oriented policing project to
reduce repeat domestic violence.
Domestic violence (including domestic disturbances) is the second most common call for
service type in Chula Vista, and exceeds the combined total of all robbery, residential
burglary, vehicle thefr, and vehicle burglary calls. (False security alarms is the most
common call type.) In 2012, police responded to more than 3,500 domestic violence
incidents. While many domestic violence calls are verbal disputes, nearly one-third are
physical assaults, and children are frequently present during these incidents.
A substantial portion of domestic violence calls for service involve repeat offenders,
repeat victims, and recurrent addresses. In fact 24% of residential domestic violence calls
for service in Chula Vista were to repeat addresses in 2012, and this relatively small
group of addresses accounted for nearly half(46%) of all domestic violence calls.
The Police Department will use a problem-solving model to reduce the frequency and
harms of domestic violence. Project staff will conduct a comprehensive, in-depth analysis
of the problem to help better understand it The problem analysis will include a literature
review; interviews with victims and offenders; surveys of officers; an intensive analysis
of in-house data; and an assessment of the effectiveness of current practices. Based on the
analysis findings, project staff will develop an evidence-based, multi-disciplinary, tiered
response to domestic violence based on the likelihood of a repeat incident, with the goal
of de-motivating offenders and protecting victims.
The grant will fund overtime for two public safety analysts to answer key analysis
questions in the U.S. Department of Justice's Problem-Oriented Policing Guides for
Police series on reducing domestic violence; identify prolific offenders for focused
deterrence efforts; and maintain a real-time database on repeat locations, victims, and
offenders. The grant will also fund overtime for two detectives to use focused deterrence
techniques aimed at the most prolific DV offenders identified in the analysis phase of the
project. In addition, the grant will fund overtune for three communiry service officers to
collect additional crime scene evidence, photographs, and in-depth witness statements, as
well as organize offender notifications.
The 2013 SPI grant program was extremely competitive. Just 3 of the 1 11 police agencies
in the United States that applied were awarded a grant under this year's program.
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DECEMBER 17, 2013, Item �
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The SPI grant solicitation required the Police Department to name a specific research
partner in iu proposal (prior to funding decisions), who would evaluate the impact of the
project, as well as provide analytical and research assistance throuehout the course of the
initiative. The proposed project required a research parmer withVexpertise in problem-
oriented policine; repeat victimization, and domestic violence. Deborah Lamm Weisel,
Ph.D., has signi5cant expertise in all three critica] azeas. She is an international expert in
problem-oriented policing and the author of the U.S. Department of Justice's problem-
oriented policin� guide on repeat victimizaiion; as well as numerous other publications
on the topic. She also has field experience workin� with the Ralei�h Police Department
to test the definitive problem-oriented policing euide on domestic violence. Altogether,
Dr. �4'eisel has worked with more than 30 law.enforcement aeencies across the counhy
during the course of her 2�-yeaz career as a police researcher, and has been funded to
conduct numerous national-level research projects by five different components of the
U�S. Department of Justice. As a result, Dr. ��eisel, who teaches at both North Carolina
Central University and North Carolina State Uni��ersity, was the person best qualified to
be the Department`s reseazch partner, and was specified as such in the Police
Department's proposal. Chula Vista's proposal was selected, in part; because of its
proposed partnership with Dr. �T�'eisel.
The SPI grant solicitation also required the research partner to participate in all phases of
the project implementation, indudin� problem definition, data collection and analysis,
the development of effective responses; and the assessment of the project's impact.
Specifically, Dr. ��eisel will conduct a comprehensive literature review on the topic of
domestic violence; assist with problem analysis; ensure data ��alidity; develop data
collection tools, including officer surveys, as well as victun and offender interviews;
assist with solurion development, and conduct a rigorous project evaluation, using a
quasi-experimental desi�. She will travel to Chula Vista four times a year in order to
work closely with the local project team. Because the reseazch partners role is so
expansive, as required by the Bureau of Justice Assistance, the contract with Dr. V✓eisel
is for 1,3�0 hours of work over the 3-year grant period, for a total cost of 5126,563.
Attached is a justification for the sole source contract with Dr. RTeisel, which was
submitted to the Bureau of Justice Assistance. Also attached is an agreement between the
City of Chula Vista and Dr. P✓eisel to provide specific reseazch, analysis and evaluation
services durin� the course of the �ant. Therefore, because the contracted amount for
reseazch assistance is anticipated to exceed 5100,000, the Department is recommending
waiving the competitive bid requirement and awarding a convact for service to Dr.
Weisel.
Finally, t6e Police Department will also partner with a Spanish-language translator; and
the Counry of San Dieeo for additional child protective services worker assistance, as
well as additional probation officer time. The erant program requires a strons partnership
with a researcher who will participate in the initiative from start to finish.
DECISION A7AKER CONFLICT
Staff has review�ed the decision contemplated by this action and has detemvned that it is
not site specific, and consequently, the �00-foot rule found in the Califomia Code of
Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not
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DECEMBER 17, 2013, Item 7
Page 4 of 4
independently aware, nor has staff been informed by any City Councilmember, of any
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic
Vitaliry, Healthy Community, Strong and Secure Neighborhoods, and a Connected
Community. Acceptance of this grant, and a�vard of the contract for service directly
supports the goal of Strong and Secure Nei�hborhoods by decreasing the number of
domestic violence incidents in the community. �
CURRENT YEAR FISCAL IMPACT
Approval of the resolution will result in accepting a grant for$596,875 and an
appropriation of�121,545 to the Police Grant Fund. Funding for this project from the
U.S. Department of Justice will completely offset the costs in the current fiscal year,
resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
The Bureau of Justice Assistance grant will fully fund this project for a 3-year period. At
the end of the grant period, the Police Department will evaluate the results of the project
and seek additional funding to continue it or discontinue the project at that time. The 3-
year funding, over four fiscal year periods, is detailed in the table below.
�'�y. �.:: �:.`.'���'x".,�',ti_'�i:..-�"-�"',.�.i: - - - -.,�' .v.i'; - - ,;,;�,
Personnel Costs $39,668 $ 96,856 $ 132,217 $ 54,018
Supplies and Services 81 877 77 653 85 914 28 672
TOTAL GRANT FUNDING $ 121,545 $174,509 $218,131 $82,690
GENERALFUNDIMPACT $0 $0 $0 $0
ATTACHMENTS
Sole Source Justification Approved by Bureau of Justice Assistance
Consultant Contract
Prepared by: Karin Schmerler, SemorPublic SajetvAnalvst, Police Department
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Sole Source Justificabon for Deborah Lamm R'eiset, Ph.D
Justification jor sole source procurement over SI00,000 must accompany any so%source
procurement se�bmitted to the Agency for review and approvaL The justification should inchide:
1. Brief descripdon of program and the product or ser��ice being contracted.
The Chula Vista Police Department (CVPD) seeks to reduce the frequency aod harms of
domestic violence(DV) in the City of Chula Vista, a diverse California community of 2>0,000.
The CVPD w�ill use a problem-solving model to reduce the frequency of DV, particularh�the
frequency of repeat victimization and repeat offendin�. Just 24%of residential DV calls for
service in Chula Vista were repeat addresses in 2012, yet this relatively small group of addresses
accounted for nearly half(46%) of all DV calls.
��'e will beein our project (`Innovarive Responses to Reducing Repeat Domestic Violence)
by conducting a comprehensive, in-depth analysis ofthe problem to help us better understand it.
This problem analysis will include a literature review, interviews with victuns and offenders,
surveys of officers; an intensive analysis of in-house data, and an assessment of the effectiveness
of current local criminal justice and community service practices. Based on the analysis findings;
a�e will develop an evidence-based, multi-disciplinary, tiered response to DV calls for service
based on the likelihood of a repeat incident.
The CVPD requesu approval to contraci noncompetiti��ely w�ith Deborah Lanim Weisel,
Ph.D., our research partner, for a total of S 126,563, for the following products and services:
• comprehensive li[erature review of published research on domestic ��iolence
(emphasizing post-2006 reseazch) and report on findings
• officer survey instrument (development, administration and data analysis)
• officer focus group questions (development, administration and data analysis)
• selection of a representative sample of domestic violence crimes; arrests and calls for
service for in-depth analysis
• offender interview instrument (development and data analysis)
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• victim inten�iew instrument(development and data analysis)
• follow-up victimization survey instrument (development and data analysis)
• overall evaluation plan with random assignment strategy for experimental response
protocols
• Final project report to include a process and outcome evaluation using a quasi-
experimental design
The CVPD also requests approval to conRact with Dr. Weisel for assistance with the
development of the following products and services:
• identification of key variables for in-depth analysis of internal and external data sources
• assessment of the effectiveness of local criminal justice and community services
practices; recommendations on changes
• written, tiered, experimental patrol and investigative response protocols based on all
project analysis and research findings
• evaluation and refinement of patrol and im�estigative protocols after first month of
implementation, and every three months thereafrer, based on results
Dr. Weisel will also ensure the project meets the federal requirements of human subjects
research and data privacy; participate in monthly video-conference calls with key project team
members; and make quarterly site visits to the Chula Vista Police Department to provide
assistance with the analysis, response, and assessment stages of this problem-oriented policing
project. We anticipate she will also be in communication with key project staffvia e-mail or
telephone on at least a weekly basis.
2. Explanation of why it is necessary to contract non-competitively, including the
following coutractor qualities:
a. Expertise of the contractor
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Dr. �'✓eisel is an internationally known police researcher with specialties in problem-oriented
policing and repeat victunization. She has exceptionally strong analysis and evaluation
credentials, and a history of conducting ri�orous research, funded at both the local level and bv
federal agencies, including the Bureau of Justice Assistance (BJA), the Office of Communiry
Oriented Policing Services (COPS), and the National Institute of Justice(I�TIJ). Dr. Weisel is
experienced in a wide range of data collection methods necessary for effective problem analysis,
including quantitative and qualitative reseazch methods. She currently teaches advanced
quantitative methods at?�'orth Carolina Ceniral Universiry. Much of her�vork has focused on
identifying and overcomine flaws in police-recorded data and developine valid data sources to
support meaningful analysis of public safety problems. She has designed and conducted in-depth
interviews witb offenders, including incarcerated gang members for an NIJ-funded study;
conducted communih� sucveys—authoring a repon on the topic for the Bureau of Justice
Statistics'; carried out victim surveys for an NIJ-funded study°'; and conducted focus groups
with police officers, drawing on their rich knowledge and understandin�of local crime problems.
Dr. Weisel has extensive knowledge of domestic violence, ha��ine worked with the Raleiah
(NC) Police Department to field test the U.S. Department of Justice's "Problem-Oriented Guide
for Police: Domestic Violence." Dr. ��eisel has also worked closely with many police agencies
to conduct action research. A4ost recen[ly; she used the Office of Juvenile Justice and
Delinquency Prevention's Comprehensive Gan� Model to assess gan� problems in four
jurisdictions in North Cazolina, integrating law enforcement data,juvenile justice records,
surveys of s[udents; school crime data, and qualitative data. The assessments produced action
research recommendations that are currently being implemented. As a consultant to the I�'orth
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Carolina Association of Chiefs of Police, she is currently analyzing data on more than 15 million
traffic stops and developing a method for police to sample traffic stop videos to monitor for bias.
b. Management
Dr. Weisel and the intemal CVPD project coordinator(Kazin Schmerler)have worked
collaboratively for the past 25 years on a variery of projects. Dr. Weisel and Schmerler worked
together on problem-oriented policing projects at the Police Executive Research Forum for six
years, beginning in 1987, and have continued to collaborate on a number of other efforts,
including the development of the Problem-Oriented Guides for Police series published by the
COPS Office. Dr. Weisel and Schmerler also co-authored a chapter in Exploring Crime
Analysis: Readings on Essential Skills, published by the International Association of Crime
Analysts titled, "Applied Research in Crime Analysis and Problem Solving." In addition, Chula
Vista was one of just five sites that participated in a project to institutionalize problem analysis;
Dr. Weisel was the principa] investigator and project director for this national project funded by
the COPS Office. The long-term working relationship bern�een Dr. Weisel and Schmerler and the
CVPD has created a great deal of trust between all parties, as well as respect for the I:nowledge
and contributions each brings to the table. A contract with Dr. Weisel will result in a seamless
integration of research and practice, as envisioned by BJA's Smar[ Policing Initiative grant
program.
c. Knowledge of the program
Dr. Weisel was critical to the development of the project plan, having conducted a
preliminary literature review on the topic of domestic violence to identify evidence-based
practiccs for the proposal. Dr. Weisel and Schmerler collaboratively developed both the concept
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paper and the final project proposal, exchaneing ideas on how the project could and should be
implemented via e-mail and telephone, and re��iewine multiple outlines and draft documents.
Since the proposal was submitted and funded, both ha��e spent many hours on ihe telephone
discussing exisrine and needed data elements and constrainu, evaluation svategies; and needs
specific to the CVPD and the Chula Vista community.
d. Responsi��eoess
Dr. Weisel is extremely reliable. She has also always met proposal development deadlines,
and has a reputation and track record for pro«dine deliverables in a timely fashion to both
federal and local funders. In addition, Dr. �Weisel offered to accompany Schmerler on a pre-
project site visit to High Point, North Carolina in October 2013 to leam more about how police
there are applyin� the focused deterrence model to chronic domestic violence offenders. Dr.
�Veisel was not reimbursed for her time or any expenses related to this site visit; she felt it was
an opportunity that could not be missed as the project's research partner.
e. Espertise or experie�ce of personnel
Dr. Weisel has more than 2� years of experience u�orking with more than 30 different law
enforcement agencies across the United States to reduce crune and disorder. Dr. Weisel has
conducted over 10 major policy; proeram, or oroanizational evaluarions of policing and the
criminal justice system, including federally-funded studies on the impact of police on repeat
residential burglary in three cities, and a comprehensive assessment of community policin� in
five cities. In addition; Dr. Weisel has published over 40 research reports or journal articles, and
made more than 60 oral presrntations on police, crime-reduction, and problem-oriented policins
topics.
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Dr. Weisel holds a doctorate in public policy from the Universiry of Illinois at Chicago. She
was a senior researcher at the Police Executive Research Forum for 12 yeazs, and the director of
police research at North Carolina State University (NCSU) for over 10 yeazs. Dr. Weisel is
currently on the faculry of NCSU and North Carolina Central Universiry (NCCU).
f. Results of market survey determining competition availability (or if one was not
conducted, why not?)
The CVPD did not conduct a market survey for this contract. We are not aware of any other
U.S. researchers who are internationally known experts in problem-oriented policing and repeat
victimization, and also have duect experience working with a police department to implement
the problem-oriented policing model to address domestic violence. Dr. Weisel was a perfect fit
for the needs oFthis project.
3. Time Constraints—
a. When contractual coverage is required, and why
Contractual coverage is required immediately. The official project start date was October
I, 2013, and a Smart Policing Initiative (SPI)Action plan, which is required by BJA to begin the
main proj ect work, is due no later than March 31, 2014. A key component of the SPI Action plan
is an impact evaluation plan. Dr. Weisel's participation in the development of the impact
evaluation plan is critical, since the CVPD has proposed using a quasi-experimental design to
evaluate the success of the project. In order to meet the March 31, 2014 deadline, we will need to
begin working on the impact evaluation plan as soon as possible.
b. Impact on program if dates are not met (make sure to include the financial
impact in dollars)
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The CVPD proposed an ambitious initiative to reduce repeat domestic violence. 7"0
complete this initiative in a timely fashion, deadlines, (in particular eazly deadlines), must be
met. In just the first six months of the proposed project, the research partner is scheduled to
complete a comprehensive literature review on domestic violence research and develop a written
report on the findines; develop and analyze a swom officer survey, as well as develop officer
focus group questions; develop domestic ��iolence victim and offender interviews; assist CVPD •
staff in identifyin� key variables, and then selecting a representative sample of DV incidents for
i intensive review; and assist CVPD staff in assessing the effectiveness of existin� local cruninal
justice practices. The competitive bid process in Chula Vista is a lengthy process that can take
six months or lonser to complete. If we are not able to contract with Dr. Weisel, the CVPD will
not be able to begin the research portion of the project until 9 to 12 months afrer the official start
date of the erant. Because the response portion of ihe project is wholly dependent on the research
and analysis component of the project, the entire project would be pushed back by approximately
one year, making it extremely difficult to complete as proposed. The financial unpact of such an
outcome is difficult to calculate, but it would be substantial. Currently, patrol officers in Chula
Vista spend over 9,000 hours per year responding to domestic violence incidents at an annual
cost of more then S81�,000 per year. This Sgure does not include investigative or o��erhead
costs, nor does it include the costs of domestic violence victimization. A yeaz-long delay in the
implementation of the project would clearly hamper efforts to reduce both the costs and harms of
domestic violence in Chula Vista.
c. How long it would take for another contractor to reach the same level of
competence (equate in dollars, if desired)
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We do not believe it is possible for another contractor to reach the same level of competence
as Dr. Weisel within the next three years. She has over 25 years of experience working directly
with more than 30 police departments to reduce crime and disorder, as well as very specialized
expertise in the problem of repeat victimi2ation. Dr. Weisel is also an intemational expeR in
problem-oriented policing. She is a founding member of the Center for Problem Oriented
Policing, and the only member of that group to test the problem-oriented guide for police on
domestic violence in a police depaRment. Dr. Weisel is also a judge for the prestigious Herman
Goldstein Award for Excellence in Problem-Oriented Policing. This com6ination of experience
and expertise in a U.S. reseazcher cannot be obtained during Ihe course of this grant period.
4. Outline of the unique qualities of the contractor.
Dr. Weisel has broad spectrum of experience and an unusual combination of experiise.
Although she is a researcher, she has a wealth of experience working in the field with police
practitioners to implement and evaluate problem-oriented policing efforts. Dr. Weisel also
currently teaches applied research in policing and public safety at North Carolina State
University each semester to police leaders, so she is constantly helping police practitioners work
on real-world problems, using analysis and research. As noted earlier, Dr. Weisel is a renowned
expert on the issue of repeat victimization, having authored a federally-funded problem-oriented
policing guide for police that described a model for identifying and tracking repeat
��ictimization'". Dr. Weisel is also an international expert in problem-oriented policing. In
addition to working on numerous national-level problem-oriented policing research and technical
assistance projects, Dr. Weisel served as an affiliate (original board member) for the Center for
Problem-Oriented Policing, has written three additional national problem-oriented policing
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euides for police (Graffiti; Bank Robbery, and Burglary of Single-Family Houses), and currently
serves as a judge for the Herman Goldstein Awazd for Excellence in Problem-Oriented Policino.
5. Other points to"sell the case."
Dr. Weisel has a wide range of experience and expertise that make her uniquely qualified to
be the reseazch partner on this grant project. Below is a listing of pertinent projects Dr. «'eisel
has led or been a key participant in during the course of her cazeer:
Institutionalizing Problem Analy�sis. Dr. ��eisel was the principal investiaator and project
director for a national srudy to assist five law enforcement asencies across [he nation in
developing their organizational capaciry to routinely analyze,problems within theu jurisdictions.
This project was funded by U.S. Department of Justice, Office of Communiry Oriented Policing
Services, 2003 — 2007. The Chula Vista Police Department was one of the five agencies that
participated in this project.
Problem-Soh-ing Demonstratiou Project. With funding from the Office of Communiry
Oriented Policins Services, Dr. Weisel provided technical assistance and trainin� to the Ralei�h
Police Deparhnent to address problems of street prostimtion and speeding in residential areas,
2001 — 2003.
Problem-Specific Guides for Police Practidoners. Dr. Weisel participated in a collaborative
effort with other criminal justice researchers to develop practical wides for police. These guides
synthesize research and promising police practices on a wide range of crune and public safety
problems. Project funded by Office of Communip�Oriented Policing Services, 1999—2008.
Gang Cantrol Efforts in a Communih� Policing En��ronment: Developing Process and
Impact A4easures. Dr. ��eisel was the principal investigator for study funded by National
Institute of Justice in San Die�o and lndianapolis that used extensive and swctured observations
of police to document and describe anti-gang efforts in a community policing setting, 1999 —
2002.
Estending Repeat Victimization Findings and E�panding Police Application to Commuuih�
Policing/Problem-Soh�ng. Dr. Weisel w�as the principal investigator for a I�'ational Institute of
Justice-funded examination of repeat victimization for commercial robbery, commercial and
residential burglary, and motor vehicle thefr usin� police offense reports in Austin, TX;
Indianapolis, IN, Miami, FL, and Montgomery Counry, MD, 1999—2002.
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Reducing Repeat Victimization of Residential Burglary: A Dleasure of Police Impact in
Three Cities. Dr. Weisel was the principal investigatar for a quasi-experimental study of
burglary and crime prevention funded by the National Institute of Justice in Dallas, Baltimore
and San Diego, 1997 — 1999.
Technical Assistance to Problem-Solving Partnerships. With funding from the Office of
Community Oriented Policing Services, Dr. Weisel provided technical assistance to various
police agencies implementing problem-solving responses to specific crime problems in their
communities. Dr. Weisel assisted police with implementation and evaluation efforts, and used
varied techniques, including coaching and consultation, 1997— 1999.
Comprehensive Assessment of Community Policing. Dr. Weisel served on project team for a
national study of community-oriented policing to document the unplementation process and
impact of community-based efforts in five diverse sites: Edmonton, Alberta, Philadelphia, PA,
Savannah, GA, Santa Barbara, CA, and Newport News, VA. Cross-site analyses and
comprehensive case studies were developed that described the range of practices relevant for
practitioners and theorists, 1992— 1994.
Problem-Oriented Approach to Drug Enforcement. Dr. Weisel served as assistant project
duector for this �1.5 million technical assistance/demonstration project funded by the Bureau of
Justice Assistance in five major cities—Atlanta, Tulsa, Tampa, San Diego and Philadelphia. The
goal of the project was to develop more effective approaches for police to use in responding to
community drug problems, 1987— 1991.
Below is a listing of pertinent publications authored by Dr. WeiseL This list does not include the
numerous reports and publications the resulted from the nine large-scale projects summarized
above.
Weisel, D.L. (in press). Place-Based Policing, Encyclopedia of Commiuiitv Policing and
Problem-Solving. K.J. Peak, Ed. Thousand Oaks, CA: Sage Publishing.
Schmerler, K., Wartell, J., & Weisel, D.L. (2004). Applied research in crime analysis and
problem solving. In C.W. Bruce, J.P. Cooper, & S.R. Hick (Eds.), Exploring crime
analvsis: Readings on essential skills (pp. 121-143). Overland Park, KS: lnternational
Association of Crime Analysts.
Weisel, D.L. (2003). The sequence of analysis in solving problems. In J. Knuttson (Ed.),
Mainsh�eami»g problem-oriented policing, Crime Prevention Studies, Vol. 15 (pp. 115 —
146). Monsey,NY: Criminal Justice Press.
Farrell, G., Sousa, W., &c Weisel, D.L. (2002). The time window effect in the measuring of
repeat victimization: A methodology for its examination and an empirical study. In N.
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Tilley (Ed.),Analysis for crime prevention, Crime Prevention Srudies, Vol. 13 (pp. 1� —
27). Monsey, I�TY: Criminal Justice Press.
VJeisel, D.L. (1999). Conducting community•surveys:A practical guide for law e�forcement
ogencies. R'ashineton, DC: Bweau of Justice Statistics and Office of Corrununity
Oriented Policine Services.
Below is a listing of just a sampling of pertinent presentations given by Dr. RTeisel:
i�reisel, D.L. (2008; September 23). Coo(ing off the HotDou. 13`�Annual International Problem-
Oriented Policino conference, Belle��ue, �VA.
A�eisel, AL. (200�, October 23). Getting the Best Out of Crirne Ana/vsis: A Real-Life Guide for
Police Leaders ond Manogers, 16�' Annual Intemational Problem-Oriented Policing
Conference; Charlotte,NC.
Weisel, D.L. (2004; July 21). Problem-Oriented Policing: TVhat A�a-ks, U.S. Departrnent of
Justice. 1�'ational Institute of Justice Annual Conference on Cruninal Justice Research and
Evaluation: Challenges of Evaluation Reseazch, Washin�ton, DC.
Weisel, D.L., Schmerler, K., R Wartell, J. (2003; October). Reducing Crime and Disorder
Problems through Applied Research, International Association of Crime Analysu,
Annual I�4eeting; Kansas City, MO.
�Veisel, D.L. (2002, April). Form ond Function of Analysis in Solving Problems, Intemational
Symposium on Problem-Oriented Policing, Nonvegian Police.Academy, Oslo,Nonvay.
�Veisel, D.L. (2001, December). Repeat Victimeation for Commercial Burglary and Robbery:
How Much and N'here? U.S. Department of Justice, I�'ational Instimte of Justice, Crime
Mapping Research Conference; Dallas; TX.
Weisel, D.L. (2001, November). The Incidence ojRepeat VictimLation for Commercial Burglarv
and Robberv, American Society of Criminology, Atlanta, GA.
��eisel, D.L. (2001, July). The Contribution of Repeat Victimcation to Hot Spots, U.S.
Department of Justice, I�iational Institute of Justice, Office of Research and Evaluation,
Annual Evaluation Conference, R'ashington, DC.
«'eisel, D.L. (2000,November). Extending Finduigs fi�om Repeat Victimiration: Understanding
the Nexus, American Society of Criminoloey Annual Meeting, San Francisco, CA.
R'eisel, D.L. (2000, December). E.Ytertding Our Knox�/edge About Repeat Victimization, U.S.
Department of Justice,National Institute of Justice Crime Mapping Research Conference;
San Diego, CA.
' 11
7-15
I
Weisel, D.L. (2000, December) Focusing w� Repeat Victimization: An Approach to Preventing
Crime, International Problem-Oriented Policing Conference, San Diego, CA.
Weisel, D.L. (1998, November). Using Offense Data to Detect Patterns of Repeat Victrmization,
American Society of Criminology Annual Meeting, Washington, DC.
Weisel, D.L. (1998, August). The bicidence and Tnne Course ofRepeat Victimization: A Quusi-
' Experimental Study of Resideritial Be�rgla�y i�i Three Cities, Presentation at the U.S.
Department of Justice, National Institute of Justice Annual Conference on Criminal
Justice Research and Evaluation, Washington, DC.
Weisel, D.L. (1998, July). Issues in E.ramining the hicidence of Repeat Victimization for
Residential Bto�glary, U.S. Department of Justice, National Instimte of Justice, Office of
Research and Evaluation, Evaluation Conference, Washington, DC.
6. Declaration that this action is in the "best interest" of the grantor agency and/or the
Federal Government.
Allowing the CVPD to contract with Dr. Weisel to be its research partner for the project
"Innovative Responses to Reducing Repeat Domestic Violence," is in the best interests o£the
Bureau of Justice Assistance for a variety of reasons, including:
• Dr. Weisel has 25 yeazs of experience working at the national level on cutting edge
_
problem oriented policing, problem analysis, and repeat victimization projects funded by
the federal government;
• Dr. Weisel has a long and established working relationship with Schmerler, the CVPD's
project manager on the repeat domestic violence project.
• Dr. Weisel has an excellent track record of working with more than 30 local police
departments during the course of her career, including a project to test the problem—
oriented policing guide on domestic violence in Raleigh,NC.
12
�-� 6
7. Conflict of Interest Re��ie�r�
The CVPD confums that there are no conflicu of interest issues concemine a contract with
Dr. Weisel.
'�'�'eisel, D.L. (2002). Contemporor}�gongs:An organi_aaonal analysis.IQew York,NI': LFB Scholarly
Publishin�.
"W eisel, D.L. (1999). Conducting communitv sun�evs:A practica/guide for law enforcement agencies.
\Vashinston, DC: Bureau of Justice Statistics and Office of Community Oriented Policing Services.
"'Stedman,J.R.,S R'eisel, D.L. (1999). Findine and addressing repeat burglaries. [n C. Brito,&T.Allan
(Eds.);Problem oriented policirig: Crime-specific problems, crirical issues and mahing POP work, Vol.
2. \Vashington, DC: Police Executive Reseazch Forum.
'"Weisel (2005).Analy.ing repeat victimi=ation, Pmblem-Orirnted Guides for Police; Problem Solving
Tools Series,Guide No.4, �Vashington, DC: Office of Community Oriented Policing Services.
13
7-17
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $596,87� FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE
ASSISTANCE FOR INNOVATNE RESPONSES TO REDUCING REPEAT
DOMESTIC VIOLENCE AND APPROPRIATING $121,545 TO THE FISCAL
YEAR 2014 POLICE GRANT FLJND
WHEREAS, the Chula Vista Police Department recently was a�i�arded a $596,875 Smart
Policing Initiative (SPI) grant from the United Stated Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, to implement a comprehensive, 3-year problem-oriented
policing project to reduce repeat domestic violence; and
WHEREAS, the 2013 SPI grant program was extremely competitive: the Chula Vista
Police Department was 1 of only 3 police agencies, of 111 police agencies submitting
applications, to have been a�varded a grant; and
WHEREAS, after false security alarms, domestic violence, including domestic
disturbances, is the most common call for service type in Chula Vista and exceeds the combined
total of service calls for robbery, residentiai burglary, vehide theft, and vehicle burglary; and
WHEREAS, in 2012 Chula Vista police officers responded to more than 3,500 domestic
violence incidents, of which nearly one-third were physical assaults; and
WHEREAS, many domestic violence calls are verbal disputes; and children frequently
are present during these incidents; and
WHEREAS, 24% of residential domestic violence calls for service in Chula Vista were to '
repeat addresses in 2012, and this group of addresses accounted for nearly one-half(46%) of all
domestic violence calls; and
WHEREAS, with the grant, the Police Department will use a problem-solving model to
reduce the frequency and harms of domestic violence and conduct a comprehensive in-depth
analysis of the domestic violence problem, that includes a literature review, interviews �vith
��ictims and offenders, surveys of officers, anal��sis of in-house data, and an assessment of the
effectiveness of current practices; and
WHEREAS, based on analysis findings, project staff will develop an evidence-based,
multi-disciplinary, tiered response to domestic violence based on the likelihood of a repeat
incident, with the goal of de-motivating offenders and protecting victims; and
WHEREAS, the grant will fund overtime for two Public Safety Analysts to answer key
analysis questions in the U.S. Department of Justice's Problem-Oriented Policing Guides for
l:Wttomey�FINAL RESOS Atv'D ORDINANCES�2013U2 17 13U2ES0-POLICE-GRANT.doc
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Resolution I�'o.
Pase 2
Police series on reducine domestic violence; to identifi� prolific offenders for focused deterrence
efforts; and to maintain a real-time database on repeat locations, offenders, and ��ictims; ar�d
WHEREAS, the grant �vill fund overtime for ri��o Police Aaents to use focused deterrence
techniques aimed at the most prolific domestic ��iolence offenders identified in the analysis phase
of the project; and
�VHEREAS, the 2rant will fund oveRime for three Police Communiri� Service Officers to
collect additional crime scene evidence, photographs, and in-depth ���itness statements, and to
oraanize offender notifications: and
WHEREAS, because the erant program required a strone partnership with a researcher
throughout the course of the project, the Police Department �i�ll partner �vith Deborah Lamm
\Veisel, Ph.D.; who teaches criminal justice topics at North Cazolina Central University and
North Cazolina State University. Dr. «'eisel is an intemational e�:pert in problem-oriented
policing and the author of the U.S. Department of Justice's (DOJ) problem-oriented policine
euide on repeat victimization. Dr. Weisei also has field esperience �vorkin¢ with the Raleioh
Police Department to test the DOJ's problem-oriented policing guide on domestic violence. Dr.
R'eisel wili conduct the literature review, assist «�ith problem analvsis; ensure data validit��.
develop a variety of data collection tools; assist ��th solution de��elopment, and conduct a
rigorous project evaluation. Dr. Weisel �;�ill travel to Chula Vista four times a yeaz in order to
work closely with the project team; and
WHEREAS, the Police Department also ��ill partner �rith a Spanish-laneuage translator
and the County of San Dieeo for additional child protective services ���orher assistance; as �+-ell as
for additional probation officer time; and
V��I-IEREAS, at the end of the 3-yeaz erant, the Police Depanment ���ill evaluate the
results of the project and decide whether to seek additioaal funding to continue the program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista; that it hereby accepts ��96;87� from the United States Department of Justice, Office of
Justice Programs. Bureau of Justice Assistance for Innovative Responses to Reducina Repeat
Domestic Violence and appropriates $12L�4� to the Fiscal Year 2014 Police Grant Fund.
Presented by Approved as to form by
�� (
David Bejazano Glen R. Gooeins
Chief of Police City Attomey
J:Wttome���FINAL RESOS A\'D ORDINANCES�2013U2 U 13�RES0-POLICE-GRr1\`T.doc
12/4/2013 10:46 AM
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COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND APPROVING A CONTRACT FOR
PROFESSIONAL SERVICES FOR THE POLICE
DEPARTMENT
WHEREAS, the 2013 Smart Policing Initiative (SPI) grant program, administered by the
United States Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice
Assistance, required applicants to identify a research pariner with demonstrated expertise in
police problem solving in their proposals (prior to funding decisions); and
WHEREAS, the Chula Vista Police Department selected Deborah Lamm Weisel, Ph.D.;
as its research partner in its grant application for the project, "Innovative Responses to Reducing
Repeat Domestic Violence." The Department recently was awarded a 3-year, $596,875 grant to
address repeat domestic violence, which is before the City Council for acceptance on December
17, 2013 in a separate resolution; and
WHEREAS, Dr. Weisel is an intemational experi in problem-oriented policing, having
conducted numerous national studies on this topic and provided technical assistance to police
agencies throughout the United States on implementing problem-oriented policing over the past
25 yeazs. Dr. Weisel was also a founding member of the Center for Problem-Oriented Policing
and is currently a judge for the Herman Goldstein Award for Excellence in Problem-Oriented
Policing. She teaches criminal justice topics at North Carolina Central University and North
Carolina State Universit}; has been the lead in more than 20 funded research projects on a
variety of crime problems; and has been lead author of more than 30 academic articles on crime
problems and solutions; and
WHEREAS, Dr. Weisel has specific expertise in the area of repeat victimization, having
authored the DOJ's problem-oriented policing guide on repeat victimization, and having field-
tested the DOJ's problem-oriented policing guide on domestic violence N�ith the Raleigh Police
Department; and
WHEREAS, Dr. Weisel's experience, qualifications and contributions to police problem
solving, makes her uniquely qualified to provide required reseazch, analysis and evaluation
services in the Police Department's SPI grant to reduce repeat domestic violence using a
problem-oriented policing approach; and
WHEREAS, Dr. Weisel is a"single/sole source" service provider pursuant to Chula Vista
Municipal Code § 2.56.070(B)(4); and
WHEREAS, the Police Department requests that the City Council waive the fom�al
competitive bid procedure and approve the contractual agreement with Dr. Weisel to provide
research, analysis and evaluation services in its SPI grant to reduce repeat domestic violence in
Chula Vista.
J:�.Sttorney\FINAL RESOS AND ORDINANCES\2013U 2 17 ]3\RESO-POLICE-CONTRACT.rtf
12/A/2013 ]0:48 AM
�-20
Resolution t�'o.
Paee 2
NOW, THEREFORE; BE IT RESOLVED, w�ith the above findines incorporated herein,
by the City Council of the City of Chula Vista, that the formal competitive bid requirement is
hereby waived pursuani to Chula Vista Municipal Code § 256.070(B)(4) «�ith reeazd to research;
analpsis, and evaluation services by Deborah Lamm Weisel, Ph. D.
BE IT FURTHER RESOLVED by the Ciry Council of the City of Chula Vista that it
approves the Aereement bet�veen the Cih� of Chula Vista and Deborah Lamm Weisel; Ph.D. to
provide research; analysis and evaluation services, in tbe form presented to the City Council; as
may have been modified by the Council prior to its approval; a copy of�vhich is on file in the
Office of the City Clerk; and authorizes the Mayor to execute the said Aereement.
Presented by: Approved as to form by:
��� � ��
David Bejarano Glen R. GooQins /
Police Chief Cih� Attomey �
� 1:Wttomev�F'INAL RESOS AND ORDINA\'CES�2013U2 17 13V2ES0-POLICE-001TR:1CT.rtf
1?/4/2013 10:48 Atvf
�-2�
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
,� ���-��� /,�-,�i� ;�
Glen R. GooginsJ�—
City Attorney
Dated: /�'/ � -d o'3
AGREEMENT
BETWEEN
THE CITY OF CHiTI.A VISTA AND
DEBORAH LANIM WEISEL, PH.D.
TO PROVIDE RESEARCH, ANALYSIS, AND
EVALUATION SERVICES
7-22
Agreement behr•een
City of Chula Vista
and
DEBOIL�H L_�DLI•I R'EISEL, PI3.D.,
To PROVIDE RESEARCH, AN_�I,l'SIS, .�u\'D EVALUATION SERVICES
This aereement (A�eement), dated December 17, 2013 for the puiposes of reference
only; and effective as of the date last executed unless another date is specified in Exhibit A to
this A�reement (Exhibit A); Pazagraph 1, is ben��een the Ciry-related enrity whose name and
business form is indicated on Exhibit A; Para�apli 2, (City), and the entity whose name,
business form, place of business and telephone numbers aze indicated on E�ibit A; Paragraphs 4
throu�h 6, (Consultant); and is made with reference to the following facts:
RECIT.�LS
WHEREAS; in September 2013, the Chula Vista Police Department was awazded a 3-
yeaz gant for S�96;87� to reduce domestic violence under the Smart Policing Initiative (SPI) of
the Bureau of Jusrice Assistance (BJA), Office of Jusrice Programs, U.S. Department of Jusrice;
and
WHERE.4S, the Police Departmrnt will recommend that ihe City Council accept this
grant award in a separate item on the December 17, 2013 Council agenda; and
WHEREAS, this Agreement invoh�es work to be performed in connection with the BJA-
funded project; "Innovative Responses to Reducing Repeat Domestic Violence" (the "Projecr');
and
WHEREAS; the SPI �rant solicitauon required the Police Department to specify a
reseazch partner in its proposal (prior to funding decisions), who would evaluate the impact of
the Project, as well as provide analytical and reseazch assistance throu�hout the course of the
Project; and
WHEREAS; the proposed Project required a research partner with expertise in problem-
oriented policin�; repeat victimizarion, and domesric violence; and
�VHEREAS, Deborah Lamm �Veisel, Ph.D., (the "Consultant") has si�ni&cant expemse
in all three critical azeas (problem-oriented policing, repeat vicdmizarion, and domestic
violence), she was the person best qualified to be the DeparnnenYs research partner, and was
specified as such in the Police Department's proposal, as requued by the SPI erant solicitarion;
and
WHEREAS, Consultant warrants and represenu that she is experienced and staffed in a
manner such that she can deliver the services required of Consultant to City in accordance with
the time frames and the terms and condirions of this A�reement.
Pa�e 1
7wo Party Agreement Bmoem the Ciry•af ChWa Y,ffn ond peFprch Lamm W�ef.PhD ro Amrtde Rue�rh.Matvsis.m�d£valvation V
Sm�ices
a�wns�unru 7-23
I
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above aze 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 E�chibit A,
Paragraph 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 E�ibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the tune frames set forth in E�chibit 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 oFthe
City, terminate this Agreement.
a. Reductions ii: Scope of Work. City may independently, or upon request from
Consultant, from time to tune, 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
requue 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 E�ibit 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 standazd of care ordinarily exercised by members of
the profession currently practicing under sunilar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by Ciry 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 standazds,
or the willful misconduct of the Consultant or its subcontractors.
Page 2
Two Party Agreement B�.veen the Ciry�ofCNu/a �sfa and De6ara5 Lamm Weue[ Ph D to Prpvide Researrli.Analvs�s.and Evalualmn
Serv�rer
Rev�uA 09/]S/131MM 7—2 4
B. �pplication of Laws. Should a federal or state law pre-empt a local law, or reeulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this A�reement requires the Consultant to observe or enforce compliance with
any provision; perform any other act, or do any other thing in contravendon of federal, state;
territorial, or local law, re�ularion, or ordinance. If compliance with any provision of this
A�reement violates or would require the Consultant to violate any law, the Consultant a�rees
to notify Ciry immediately in writing. Should this occur, the City and the Consultant aeree
that they wili make appropriate arrangements to proceed with or, if necessary, amend or
temunate this aereement, or portions of it; expeditiously.
I. Subcontractors. Consultant a�ees to take appropriate measures necessary to ensure that
all participants uulized by the Consultant to complete iu obligauons under this
- A,,areement; such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies; whettier federal; state, or local; affecting Project
implementarion. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement the Consultant shall ensure that the subcontractor
cames out the Consultant's responsibilities as set forth in this Ageement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, policies of insurance &om insurance companies to protect asainst claims for
injuries to persons or damages to property that may arise from or in connection with the
performance of the work under this A�reement and the results of that work by the
Consultant; his a�enu. representatives, employees or subcontractors, and provide
documentation of same prior to commencement of work.
2. Minimum Scone of Insurance. Coverage must be at least as broad as: :
a. CGL. Insurance Sen�ices Office Commercial General Liabiliry co��erage (occurrence
Form CG0001).
3. Minimum Limiu of Insurance. Consultant must maintain limits no less than those
included in the table below:
i. General Liabiliry: $1,000;000 per occurrence for bodily injury; personal injury,
(Including (includin�death), and property daznage. If Commercial General
operations; Liabiliry insurance with a general aggregate limit is used, either
products and the�eneral asgegate limit must applc sepazately to this
completed ProjecUlocarion or the general aggregate lunit must be twice the
operations; as required occurrence limit.
a licable
Paee 3
7.�o Parsy Agretment Baweai tFe Ciry•of Chula l cIIa and Deboroh[nmm R'eisel Ph D to Provide Reu�ch.Analvsr.s,and Evaluaiion �
Sm�ices.
ar;,wasns�is,.su 7-25
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 eluninate such deductibles or self-insured retentions as they pertain to the Ciry,
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, claun administration, and defense expenses.
5. Other Insurance Provisions. The general liabiliry, and where appropriate, automobile
liability and the worker's compensation policies, aze to contain, or be endorsed to
contain, the following provisions:
a. Additional Insw•eds. Ciry of Chula Vista, its officers, officials, employees, agents,
and volunteers aze to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arisin� 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.
b. Primary Insurance. The ConsultanYs 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 responsibiliry to provide
insurance.
a Cancellation. The insurance policies requued by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, rehun 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. Waiver of Subrogation. ConsultanYs insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term requued by
this Agreement In addirion, Consultant waives any rigbt it may have or may obtain
to subrogation for a claim against the City.
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. Reh-o 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 A�eement.
Page 4
T..�o Parry�Agreement Between tNe Ci(}�ofChu/a t�sto ond Deborah Lamm W¢�sel Ph D to Provide Research.Analvss.and Evalu¢non
Servires
Rrnsed 09/18/13 fA1M 7—2 6`
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided.
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 effecrive date of the
A�eement; the Consultant must purchase "extended reportins" covera�e for a
minimum of five yeazs afrer complerion of ihe work required by the A�eement.
d. Copies. A copy of the claims reportin� requirements must be submitted to the Ciry
for review.
7. Accentabilirv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of Califomia with a current A.M. BesYs 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 Stu-plus Lines Insurers (LESI,I) with a current A.M.
Best's rarine of no less than A X. Exceprion may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coveraee. Consultant shall fiunish the Citv with orieinal certificates and
amendatory endorsemenu effectin� coveraee required by Section I.C. of this Agreement.
The endorsemenu should be on insurance industry forms, provided those endorsemenu
or policies conform to the requiremenu of this Aoreemenc r1ll certificates and
endorsements aze to be received and approved by the City before work commences. The
City reserves the right to requue, at any dme; complete, certified copies of all required
insurance policies, including endorsemenu evidencing the covera�e requued by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or fumish separate certificates and endorsemenu for each subconsultant. All coveraee for
subconsultants is subject to all of the requirements included in tliese specifications. y
10. Not a Limitarion of Other Oblisarions. Insurance provisions under this Article shall not
be construed to limit the Consultant s obGgations under this A�eement; including
Indemnity.
11. Additional Coveraee. To the extent that Insurance coveraee exceeds the minimums
identified in section 3, recovery shall not be limited to the insurance m;n;mums, but shall
instead extend to the acmal policy limits.
D. Securih� for Performance
1. Performance Bond. In the event that Exhibit A; at Paraaraph 18; indicates the need for
Consultant to pro��ide a Performance Bond (indicated by a check mark in the
` pazenthetical space immediately precedino the subpaza�raph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paza�aph 18, in the form prescribed by the Citv and by such
sureties which aze authorized to transact such business in the State of California, listed as
Page �
Tw�oParry�Ae eemeluBa..�emrheCiry•oflhuln L"i,vnandDebarah(nmm {feisel.Ph.D mRavic+eRuevrh Anctvsis cndE++afuenon _
Sm�icu
Revi�cd 03179�1"J�4M 7_L 7
approved by the United States Department of Treasury Circulaz 570,
http://�vww.fms.treas.,o��/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 Procedwe, except as provided otherwise
by laws or rea lations. 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 mazk in the parentheticai
space immediately preceding the subparagraph entitled "Letter of CrediP'), 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,
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 E�ibit A, Paragraph 18.
3. Other Securitv. In the event that E�chibit A, at Pazagraph 18, indicates the need for
Consultant to provide securiry other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subpazagraph 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 Attomey.
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 faciliries, 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 afrer authorization to proceed, shall constitute a basis for
the justifiable delay in the ConsultanPs performance.
B. Compensation.
1. Followine Receint of Billina. 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, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
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Two Parp�dgreemeniBeM�een!he Ciry�ofChulu bisfo and Debor¢h Lamm IVeise! Ph D to Pronde Ruearch.Analvsu m�d Evaluanon
Services
R��,�d o���8��3,��, 7—2 8
terms and condi6ons set forth in Exhibit A; Para�aph 10; adjacent to the eovernino
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement subject to the requirements for retention set forth in Pazaeraph 18 of
E.Xhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A; Paraeraph 11.
2. Supportine Information. Any billine 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 charees to
the Project in order to pernut the Ciry to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the Ciry's account number indicated on
E�ibit A, Paragraph 17(C)to be chazged upon making such payment.
3. Exclusions. In deteraiining the amount of the compensarion City will exclude any cost:
1) incurred prior to the effective date of this A�eement; or 2) ari"sing out of or related to
the errors; omissions, negligence or acts of willful misconduct of the Consultant, iu
a�enu, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negGgence, errors, or omissions in tl�e performance of work
under this Agreement has resulted in expense to Ciry geater than would have
resulted if there were no such negligence, errors, omissions; Consultant shall
reimburse City for any addirional expenses incurred by the City. I�TOthin� in this
pazagraph is intended to lunit Ciry's rights under other provisions of this
_ A�eement.
4. Pavment Not Final Annroval. The Consultant understands and a�ees that payment to the
Consultant for any Project cost does not constitute a Ciry 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 A2reement. The Consultant
acknowledges that Ciry will not make a final detemunation about the eli�ibiliry 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 Ciry has been completed, whichever occurs latest. If City
detemunes that the Consultant is not entided to receive any portion of the compensation
due or paid; City will notify the Consultant in writine, stating iu reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to retum any
funds due City as a result of later refunds; corrections, or other similaz uansactions; nor
will Project closeout alter the right of City to disallow cosu and recover funds provided
for the Project on the basis of a later audit or other review.
a Consultant's Obligarion to Pay. Upon notiScation to the Consultant that specific
amounts are owed to City, whether for excess payments or disallow�ed costs; the
Consultant agees to remit to City promptly the amounts ow�ed, including applicable
interest.
ARTICLE III. ETHICS
Pa�e 7
� Two Part}•Agreemrnr Ba.vtm the Cirv ofChula Yl.crt und Deborah Imnm �f'eisel Ph.D �o Provide Roecrrh.Analvsis.and Eva(vation y
Sm�ices-
Rciud 09/IY13 PAM �—'L 9
A. FinancialInterests of Consultant
1. Consultant is Desi¢nated as an FPPC Filer. If Consultant is designated on E�ibit A,
Pazagraph 14, as an "FPPC filer," Consultant is deemed to be a `ConsultanY' 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 E�ibit A, or if
none are specified, then as determined by the City Attomey.
2. No Participation 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
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 seazch and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fau Political Practices Commission, and has
detemuned that Consultant does not, to the best of ConsultanYs knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire ConflictinQ 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 Conflictina Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant fiiRher warrants and represents that Consultant will
unmediately advise the City Attomey 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 thereun3er.
6. Snecific Warranties Aeainst Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor ConsultanPs-
employees or agents (Consultant Associates) presently have any interest, duectly or
indirecdy, whatsoever in any property which may be the subj ect 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.
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Twa Parry Agreement Benveen fhe City ofChWq Vsta and Deborah Lamm We'se( Ph D m Provide Research An¢h�sis and Evaluateorc
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Rev�sed 09/ISq3 fMM �_O O
J
b. No promise of furure employment, remuneration; consideration, a aruiry or other
reward or oain has been made to Consultant or Consultant Associates in connecdon
with Consultant's performance of this Aereement. Consultant promises to advise Ciry
of any such promise that may be made durin� the Term of this Aereement or for
tweh e months thereafrer.
c. Consultant Associates sball not acquire any such Prohibited Interest within the Term
of this A�eement, or for twelve months after the expiration of this Agreement;
except with the u�ritten permission of Ciry.
d. Consultant may not conduct or solicit any business for any party to this A�eement,
or for any third party that may be in conflict with Consultao['s responsibIliries under �
ihis Agreement, except with the written pemussion of City.
IV. LIQUIDATED D.4MAGES - �
A. :lpplication of Section. The provisions of this section apply if a Liquidated Dama�es Rate
is provided in E�ibit A, Pazaa aph 13.
1. Estimatin¢ Damaees. It is acknowledged by both parties that time is of the essence in the
completion of this A�eement. It is difficult to estimate the amount of damages resulring
from delay in performance. The parties have used theu judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalrv. Failure to complete the De&ned Services within the allotted time
period specified in this Agreement shall result in the followins penalty: For each
consecurive calendar day in excess of the tune speciSed for the complerion 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 E�ibit A,_
Paragraph 13 (Liquidated Damages Rate).
3. Reauest for Extension of Time. If the performance of any act required of Consultant is
duectly prevenied or delayed by reason of strikes, lockouu; labor disputes, unusual
governmental delays, acts of God, fire; floods, epidemics, freight embazgoes, or other
causes beyond the reasonable control of the Consultant, as determined by the Cin�,
Consultant shall be excused &om perfomiiug that act for the period of rime equal to the
period of time of the prevention or delay. In the event Consultant claims the e�stence of
such a delay; the Consultant shall noufy the City's Contract Administrator, or designee, in
writing of that fact within ten calendaz days after the be2innine of any such claimed
delay. Extensions of time will not be �ranted for delays to minor portions of work unless
it can be shown that such delays did or will delay the proeress of the work.
ARTICLE V. INDE�'IFICATION
A. Defense, Indemnity, and Hold Harmless.
Pa�e 9
T.vo Parry�Agreement Bau�em the Ciry•of Chula Vsla anQ DelwraF Lmnm 6'eiseL PF D.m Prov�de Ruewth.Mc(vsu.and Evafuation V
Savices
�mo�ns�ia��+ 7-31
I
1. General Requuement. To the maxunum extent allowed by law, Consultant shall defend,
indemnify, protect and hold hannless the City, its elected and appointed officers, agents
and employees, from and against any and all claims, demands, causes of acrion, costs,
expenses, (including reasonable attorney's fees and actual costs), 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 of5cials, officers, employees, agents, and contractors,
arising out of or in connection with the performance of the Defined Services, the results
of such performance, or this Aa eement. This indemnity provision does not include any
claims, damages, liability, costs and expenses arising from the sole negligence or sole
willful misconduct of the Ciry, 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, officers, or employees which may be in
wmbination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. - _
2. Design Professional Services. Notwithstanding the forgoing, if the services provided
under this Agreement are design professional services, as defined by California Civil
Code section 2782.5, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California
Civil Code section 2782.8.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the ConsultanYs obligation to defend, at ConsultanYs 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 lunitations in Sections A1. and A.2. Subject to the lunitations 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 d'uectors, officials, officers, employees, agents and/or
volunteers, for any and all related legal expenses and costs incurred by each of them.
4. Insurance Proceeds. ConsultanYs 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.
7. Survival. ConsultanYs obligations under Article V shall survive the termination of this
Agreement.
8. No Alteration of Other Obli¢ations. 'I`his Article V, shall in no way alter, affect or
modify any of the ConsultanYs other obligations and duties under this Agreement.
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Two ParryAgreementBetween!he Ciry ofChu[a VsYa and Deborah Lamm IVeisel P6 D to Provide Resem�ch.d�alvsis.and Eva/uanon
Sen•ic�
Re���sed 09tlS/13 JMM �_�n
L
ARTICLE VI. TERMII�iATIO\T OF AGREEMENT
A. Termination for Cause. If, throueh any cause, Consultant shall faIl to fiilfill in a umelv and
proper manner Consultant's obli�ations under this Agreement, or if Consultant shall violaze
any of the covenanu; agreements or stipulations of this Agreement, Ciry shall have the right
to terminate this A�eement by givin� written notice to Consultant of such temunarion and
specifying the effective date thereof at least five (�) days before the effective date of such
termination. In that event, all fuushed or unfinished documenu, data, studies, surveys,
drawings, maps; reports and other materials prepazed by Consultant shall, at the option of the
Ciry, become the properry of the Ciry, aod Consultant shall be entided to receive just and
equitable compensation, in an amount not to exceed that payable under this A�reement and
less any damages caused Ciry_by Consultant's breach, for any work satisfactorily completed
on such documenu and other materials up to the effective date of?�TOtice of Teanination.
B. Termination of Agreement for Convenieace of Cih�. Ciry may temvnate this Ageement
at any rime and for any reason, by giving specific written notice to Consultant of such
terntination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such terminarion. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become Ciry's sole and
exclusive property. If the A�reement 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 A�eement, for any satisfactory �vork completed on such
documenu and other materials to the effective date of such temunation. Consultant hereby
expressly waives any and all claims for damages or compensarion arising under ttus
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 followin�
completion, the Consultant agrees 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 aad Subcontractors. The Consultant a�rees to permit,
and require its subcontractors to permit Ciry or its authorized representarives, upon request
to inspect all Project work, materials, payrolls; and other data, and to audit the books,
records, and accounu of the Contractor and its subcontractors pertainins to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reportine
and record retenrion requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION,AUDIT, ,�.�\TD CLOSEOUT
Pase 11
Two Parry�Agreement Ban•em the City of Ckula {7sfa¢nd Debarah Lmnm Weisel PM1.D to Pravide Recew�h Malvsis mid Evaluat(on
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RevisM 0911&li MM 7-3 3
I
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by Ciry, 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 Ciry.
Consultant agrees that Project closeout will not alter ConsultanPs audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project doseout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the Final payment or aclmowledges 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. Assiguabiliry. 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
"Pemutted Subconsultants."
B. Ownership, Publication, Reproducfion and Use of Material. All repoRS, 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 the City to the extent pernutted under the terms of the grant. No such materials
or properties produced in whole or in paR under tliis 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. Ciry shall have unrestricted authority to publish,
disclose (except as may be lunited by the provisions of the Public Records Act), distribute,
and otherwise use, 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 in working collaboratively with the Consultant
who shall perform as an independent contractor. City maintains the right 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 entitled to any benefits to
which Ciry employees aze 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 securiry tax or any other payroll taac, and
Consultant shall be solely responsible for the payment of same and shall hold the Ciry
harmless with regazd to them.
Page 12
Two Parry Agreemerzt Between Lhe City ofChufa I7sta anQ Deborah Lamm R'eue! Ph D io Provide Resewc6 An¢(vsrs and£v¢luation
Sero�ces.
Renscd 09'13ii3 7M1i`d 7-3 4
1. Acrions on Behalf of Citv. Except as Ciry may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of Ciry in any capaciry whauoever; as
an agent or otherwise. Consultant shall have no authority; express or unplied; to bind
City or its members, a�ents, or employees;to any oblieation whauoever; unless expressly
provided in this.4greement.
2. No Oblisations to Third Parties. In connection with the Project, Consultant agrees and
shall require that its agenu, employees, subcontractors a�ee that Ciry shall not be
responsible for any obligations or liabiliries to any third party; includin� its a�enu,
emplovees; subconrractors, or other person or entity that is not a party to this A2reement.
Notwithstanding that Ciry may have concurred in or approved any solicitarion,
subagreement, or third party contract at any tier, City shall have no oblieation or liabiliry
to any person or enrity not a party to this A�reement. y
D. Administrative Claims Requirements and Procedures. I�TO suit or arbitration shall be
broueht arising out of this A�eement; against City unless a claun has first been presented in
writine and filed with City and acted upon by Ciry 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 are 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 Ciry for the purpose of-
resolvin� any dispute over the terms of this A2reement.
E. ?�dministrarion of Cootract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Para�raph 12, as that party's contract adminisvator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Asreement shall temunate when the parties bave complied:with all executory
provisions hereo£
G. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in perfomvn� the Defined Services,
Consultant shall include, or cause the inclusion of, in che report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subconuacu relating to the
prepazation of the report or document.
H. Consultant is Real Estate Broker and/or Salesman. If the box on E�chibit A, Parasaph I S
is mazked, the Consultani and/or its principals is/aze licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represenu that
neither Consultant nor its principals aze Gcensed real estate brokers or salespersons.
I. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Ageement must be in wriring. 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 cemfied; with
PaQe 13
Two Part}�de eemenl8awem Ihe Ciry of Chvla [7sa and Deborah Lamm K¢(se! Ph.D ro Prande Ruea�rh.Analvsis mid Evafuaaon
Savit¢s
a�.;Ka o9„vi=,HM 7—3 5
retum receipt requested, at the addresses identified in this Ab eement as the places of
business for each of the designated parties.
7. 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.
K. 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.
L. Governing Law/Venue. This Agreement shall be govemed by and construed in accordance
with the laws of the State of Califomia. 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.)
Page 14
Two Parry Agreemenf Baween Lhe Ciq'of Chula VsYa and De6oroh Lamm N'eise! Ph D to Provide Research.Andvsrs and Ev¢luation
Services
Rev�ud 09/IB/U 11NM �_��
Signature Page
to
Agreement betweeu
City of Chula Vista and �
DEBORAH L�111i 4 R'EISEL, PH.D.
To PROVTDE RESEARCH, AiVALYSIS, Ai\TD EVALUATION SERVICES
IN R'ITNESS WI-IEREOF; Cin� and Consultant have elecuted this Agreement,
indicatin� that they Have read and understood same, and indicate their full and complete consent
to iu terms:
Ciq�of Chula Vista
Bv: _
A4AYOR CHERI'L COX
Attest:
Donna?�TOrris. Cirv Clerk
Approved as to form:
Glen R. Gooains, City Attomey
RAH LAMM ISEL, PH.D.
By:
DEBORAH LAD1A1 ��'EISEL, PH.D.
CONSULT.41�'T
E�ibit List to A2reement: Exhibit A
Pase 1�
7wo Parry•.4g�eement 8elween Me Cry ojChula IQsta and Debo.oh Lamm Welse( Ph.D m Prmide Research dnabsu and Evaluatmn
ServiCes.
7-37
Reviud 09/I&li l.Mi 1
Exhibit A
to
Agreement between
City of Chula Vista
and
DEBORAH LANIM WEISEL, PH.D.
1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of
the effective date stated on page 1 of the Agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
O The Chula Vista Public Financing Authority, a -
O The Chula Vista Industrial Development Authority, a
( ) Other: , a [insert business form]
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
DEBORAH LAMM �'VEISEL, PH.D.
5. Business Form of Consultant:
(X) Sole Proprietorship
( )Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
3322 Trillium Whorl Court
Raleigh,NC 27607
919-803-2457 (Phone)
dweisel c(�,nccu.edu
n/a(Fa�:)
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Two Parp�Agreemenf BeM•een ffie Cip�ofCNu[a VsYa ond Deborph Lamm IYeirel.Ph.D.!o Provide Research.Analvsis.and Eva[uation
Services.
Rev�sed 09/IS/13.II�f.>1 7-3 S
7. General Duties:
The Consultant will assist in problem description and definition by conducting a literature review
that summarizes findines and identifies the limitations from prior domestic violence (D� reseazch.
This deliverable will help ensure that the DV problem being addressed by the Police Department is
well-defined, measurable and incorporates key factors from prior research. The Consultant will also
develop a rioorous quasi-experimental research desian, buildins on previous DV srudies, to evaluate
the impact of the Project. The Consultant will provide the Police Department u ith ongoing assistance
with data collection and analysis, helping to select key variables in e�stino intemal and extemal data
sources (calls for service, incidents, arresu; prosecutions), and assess data validiry. The Consultant
will develop needed ins[ruments and/or data collection protocols; such as chose to be used for
interviews, sun�eys and focus �roups; direct the samplino process; and assist with data analysis and
the interpretation of findings. The Consultant �vIll participate in solution developmen[, ensurine that
responses aze linked to analyses, and anticipated impacts can be measured. To supplement the
quantitative analysis, the Consultant will conduct a process assessment and prepare a final report
evaluating impact.
8. Scope of Work and Schedule:
A. Detailed Scope of R'ork:
Consultant will provide the following products and services to the Police Department:
tl. Comprehensive literature review of published reseazch on domestic «olence
(emphasizing post-2006 research)and written report on findings
#2. Officer survey instrument (development, administration and data analysis)
Y3. Officer focus group questions (development, administration and data analysis)
;4. Selection strategy for a representative sample ofdomestic violence crimes; arrests and
calls for sen�ice for in-depth analysis
R�. Offender interview instrument (development and data analysis)
#6. Victim interview instrument(development and data analysis)
#7. Follow-up ��ictimization survey instnunent (development and data analysis)
�8. Overall evaluation plan with random assienment strategy for experimental response
protocols
x9. Final Project report to include a process and outcome evaluarion using a quasi-
experimental desion
Consultant will also provide assistance with the development of the following products and
services:
Pa�e 17
TK•o Parry Aa eement Ben.•em�ht City o/'Chula YQU and Debprah Lamm tf'eisel Ph� to prm�de Ruemch.Analv=is cmd Evcluution .
S�
Revi¢d W/I8/1}�M 7-3 9
#10. Identification of key variables for in-depth analysis of intemal and extemal data sources
#11. Assessment of the effectiveness oF local criminal justice and community services
practices; recommendations on changes
#12. Written, tiered, experimental patrol and investigative response protocols based on all
Project analysis and research findings
#13. Evaluation and refinement of patrol and investigative protocols afrer first month of
unplementation, and every three months thereafrer, based on results
Consultant will also:
#14. Ensure the project meets the federal requirements of human subjects research and data
privacy - �
B. Date for Commencement of Consultant Services:
(X)Same as Effective Date of Agreement
( ) Other:
C. Dates or Tune Limit Goals for Delivery of Deliverables (City and Consultant will meet
within 6 months to further refine anticipated milestone dates, which are subject to change by
mutual consent of both parties):
10/1/14: Items 1-4, and 10 in 8A above.
10/1/15: Items 5-8 and 11-13 in 8A above.
9/30/16: Item 9 in 8A above.
D. Date for completion of all Consultant services: 30 days prior to grant close-out.
9. Materials Required to be Supplied by City to Consultant: n/a
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein requued, 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: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Page 18
Two Parry�dgreement BeM•een the Ci1}�ofCGula Dista and Deborah Lamm I�'eiseL Ph D to Provide Research.Analvsis.and Evaluation
Serveres
Revised 09/18/13 JMM �_A O
Y
O 1. Interim Monthly Advances. The Ciry shall make interim monthlv 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 compensarion for that
phase has been paid. Any paymenu made hereunder shall be considered as interest
free loans that must be renuned to the Ciry if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
atrainst the compensation due for that phase. The retention amount or percenta�e set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retentioo bas been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discreuon by the Contracts Administrator desi�ated herein by the City, or
such other person as the City Manaser shall desi�ate, but only upon such proof
demanded by the Ciry 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 percenta�e of completion of the phase has been performed by the Consultant.
The practice of mal:ing interun monthly advances shall not convert this Agreement to
a time and materials basis of payment.
B. O Phased Fixed Fee Arrangement.
For the performance of each phase or pomon of the Defined Services by Consultant as aze
sepazately 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 entided to the compensation for a Phase,
unless City shall have issued a norice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. S
3. S
O 1. Interim Monthly Advances. The Cirv shall make interim monthly advances
against the compensation due for each phase on a percentaee of completion basis for
each given phase such that, at the end of each phase only the compensarion for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be renuned to the Ciry if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
a�ainst ihe compensadon due for that phase. The retenrion amount or percentage set
forth in Para�aph 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. Percenta2e of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracu Admuustrator designated herein by the Ciry; or
such other person as the City Manager shall designate, but only upon such proof
Page 19
T��a Parry�Ae eementBUwem rhe Ciry ofChula {ri,ua and�eboraA Lmnm W¢(se1 Ph.D.fo Aovide Rese�`h Anch•ns.mid Evaluatlon
S ices
Rntiud 09/13/13 MM �_^ �
.�
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 writin�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 tune and materials basis of payment.
C. (X)Hourly 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:
(1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Ma�timum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $126,563 (1,350 hours @ $93.75
per hour), ntcluding all Materials, and other"reunbursables" (Maximum Compensation).
(2) O Limitation without Further Authorization on Tune and Materials Arrangement
At such rime 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 Ciry. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense. See Exhibit B for wage rates.
O Hourly rates may increase by 6% for services rendered afrer [month], 20_, if delay
in providing services is caused by City.
I 1. 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 aznounts set forth below:
O None, the compensation includes all costs.
Cost or Rate
( ) RepoRS, not to exceed $ $
( ) Copies, not to exceed $ $
( ) Travel, not to exceed$ $
( ) Printing, not to exceed $ $
( ) Postage, not to exceed $ $
( ) Delivery, not to exceed $ $
Page 20
Two Party Agreemen!Between the Ciq�ojCFula �sra and Deborah Lamm We�se! Ph� (o Prooide Research.Ana(vsis and£valuatron
Sen¢ces.
Rcnsed 09/13/131MM 7—4 2
( ) Ouuide Services: �
O Other Acrual Identi5able Duect Costs: $
, not to exceed S g
, not to exceed S $
12. Contract Administrators:
Ciry: Karin Schmerler
Karin Schmerler
Senior Public Safety Analyst
Chula Vista Police Department
315 Fourth Avenue
Chula Vista C.4 91910 =-
619-409-5410
kschmerlernchul avi staod.ore
Consultant: Deborah Lamm Weisel, Ph.D.
Deborah Laimu�Veisel, Ph.D.
Consultant
3322 Trillium �T1hor1 Court
Ralei2h, NC 27607
919-803-2457
dweiselna nccu.edu
13. Liquidated Damages Rate:
( ) S per day.
( ) Other:
14. Statement of Economic Interests, Consultant Reporting Cateeories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02): �
(X)Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
O Category No. 1. Investmenu, sources of income and business interesu.
O Category No. 2. Interests in real property.
Paee 21
Two Party Agreemmf Benoem the Ciry•ofChulu {7sm and DeboroA Lamm �Ynsel.Ph.D.m prwide Ruemch .4nalvrer.mid Eva[vntion
Serviees-
Revised 09�73�13 MM 7—4 3
O 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 admuustering this Agreement.
O 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.
O Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
O 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.
O List Consultant Associates interests in real properiy within 2 radial miles of Project
Property, if any:
15. O Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
(X) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
O 15th Day of each Month
Page 22
7mo Parry Agreemen(Between N�e Cify nf CFula IQSta and Deborah Lamm R'euel.Ph D to Promde Research.Analvsu.wd Eva(uanon
Sern es
Rev�xd 09/13/13 7MM 7-4 4
(X) End of the Month
( ) Other:
C. Ciry's Account\rumber: 25206
18. Securitv for Performance
( ) Performance Bond; S
( ) Letter of Credit, S
( ) Other Security:
Type:
Amounr. S
O Retention. Ifthis space is checked, then notwithstanding other provisions to [he contrary
requu-ing the payment of compensation to the Consultant sooner, the Ciry shall be enritled
to retain; at theu option, either the followin�"Retention Percentage'or"Retendon
AmounP'until the Ciry deterniines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: �
Retenrion Release Event:
O Completion of All Consultant Sen�ices
( ) Other:
O Other: The Retention Amount may be released on a monthly basis provided that
Consultant has performed said monthly services to the sole satisfaction of the Assistant Ciry
Mana�er/Director of Development Services or his designee.
Page 23
, Two Parry Agreement Ba..¢m the Cir}'ofChula {uxa and jkborah Lmnm Weisel.Ph.D-lo Prwide Rue�ch Ar.alysis.mid Evaluation
Servicer-
R��r�s���,�M 7-45