HomeMy WebLinkAboutC2011-266 - 6/23/2011 - NASERVICE CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI
AND THE POLICE EXECUTIVE RESEARCH FORUM
THIS PROFESSIONAL SERVICE CONTRACT ( "Agreement ") is entered into by and
between the Police Executive Research Forum ( "PERF "), a Washington, D.C. corporation, and
the City of Corpus Christi ( "City ") a Texas home -rule municipal corporation, effective for all
purposes upon execution by the City Manager.
RECITALS
1. The Police Executive Research Forum ( "PERF ") engages in providing research, studies,
audits, technical assistance, training, executive search and other professional support and
consulting services to police and sheriffs departments, other law enforcement agencies at all
levels of government, and police related organizations worldwide.
2. The City of Corpus Christi ( "City ") desires to utilize PERF to conduct a training course
( "Service ") for the Corpus Christi Police Department.
3. In consideration of the mutual promises set forth herein, it is agreed by and between the City
and PERF ( "Parties ") as follows:
SECTION ONE ----- SERVICES TO BE PERFORMED
PERF will provide a three day leadership development training program in accordance to
Attachment A, attached hereto and incorporated herein for all purposes.
SECTION TWO— INDEPENDENT CONTRACTOR
PERF shall perform the services hereunder as an independent contractor and shall furnish such
services in its own manner and method, and under no circumstances or conditions may any
agent, servant or employee of the PERF be considered an employee of the City. No federal, state,
or local income tax, nor any payroll tax of any bind, shall be withheld or paid by the City on
behalf of PERE PERF is not eligible for, and shall not participate in any employer pension,
health, or other fringe benefit plan of the City or the Police Department. The City will not obtain
workers' compensation insurance for PERF, and PERF shall comply with applicable workers'
compensation laws. PERF shall adhere to all laws, including, but not limited to, payroll taxes,
Medicare taxes, FICA taxes, and all other related taxes, and ethical standards applicable, and
shall perform services in a manner consistent with generally accepted standards.
SECTION THREE - -TERMS OF PAYMENT
Upon•satisfactory completion of the training, the City agrees to pay PERF a fixed fee of $28,422.
This flat rate includes fees for work performed, all mileage expenses, all hotel expenses, and all
food expenses associated with completion of this contract. Half of the fee ($14,211) is due upon
the execution of the contract and the other half ($14,211) payable upon completion of service.
PERF shall refund the amount paid by City, within thirty (30) days, should it fail to render
services, delegate duties or change the scope of work without the City's consent.
2011 -266
06123111
Police Exec. Research Forum
INDEXED
SECTION FOUR — DELEGATION OF SERVICES
PERF shall not delegate any duties under this contract without the City's express consent. PERF
may use subcontractors in connection with the work performed under this Agreement. When
using subcontractors, however, PERF must obtain prior written approval from City. In using
subcontractors, PERF is responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of PERK All requirements set forth as part of
this Agreement are applicable to all subcontractors and their employees to the same extent as if
PERF and its employees had performed the services.
SECTION FIVE ---- CONTROL OF WORK
PERT, as an independent contractor, retains the right to generally control or direct the manner or
means by which the work described herein is to be performed. Any changes to the scope of work
in Attachment A, or amendment - to this Agreement, shall be in writing and duly authorized and
signed by the Parties..
SECTION SIX — CONFLICTS
PERF will use all reasonable efforts to ensure that they are under no obligation, agreement,
written or verbal, nor have they previously worked or been otherwise in any position which will
cause any conflict of interest to arise in connection with the services to be provided to the City.
This obligation to notify the City of any potential conflict of interest pertains to both the basic
contractual relationship and specific tasks to be performed under this contract.
SECTION SEVEN — CONFIDENTIAL INFORMATION
PERF, its employees, officers, representatives, agents, contractors, subcontractors and attorneys,
shall not divulge any personally identifiable data accessed and /or information collected as a
result of the performance of this Agreement, any confidential information disclosed in
connection with the Agreement, whether before or after the effective date of the Agreement,
including during negotiations or mediation related to the Agreement, or any proprietary, non-
public information regarding the City of Corpus Christi business. This confidentiality shall
survive the termination of this Agreement.
SECTION EIGHT — COPYRIGHTS AND DATA
The Parties agree that this constitutes a work- for -hire agreement and that the City holds the
copyright to any work produced under this agreement. As such the City may use, disclose,
reproduce, deliver, dispose of, and authorize others to do so in any lawful manner, all such data
delivered to the City; by PERF. PERF warrants that any writing produced by PERF for delivery
to the City shall be the original work of the PERF and it has not knowingly infringe the copyright
of anyone else or knowingly plagiarize another source.
SECTION NINE —NO AUTHORITY TO BIND
Neither party shall have the authority to enter into contracts or agreements on behalf of the other
Ply•
SECTION TEN — NON - ASSIGNMENT
Neither PERF nor the City shall assign any interest. in this contract without the written consent of
the other party. The performance of this Agreement by PERF is of the essence of this Agreement
and the City's right to withhold consent to such delegation or assignment is within the sole
discretion of the City on any ground whatsoever.
SECTION ELEVEN — NON - WAIVER FOR MATERIAL BREACH
The failure of either party to exercise any of its rights under this agreement for a material breach
shall not be deemed to be a waiver of such rights or a waiver of any such subsequent breach.
SECTION TWELVE — TERMINATION
The City may terminate this Agreement should PERT fail to comply with any of the terms or
conditions set forth in this contract or should the City determine in good faith that PERF is in any
way unfit, unqualified, or unable to perform all of the services outlined in this Agreement.
Neither party shall be responsible, so long as they act reasonably and in good faith, for any
failure of performance due to Acts of God, labor disputes, budgetary constraint, governmental
authority, or other circumstances clearly beyond the control of the other party.
SECTION THIRTEEN--SEVERABILITY
If any part of this agreement shall be held unenforceable, the rest of this Agreement will
nevertheless remain in full force and effect.
SECTION FOURTEEN— WRITTEN NOTICE
Communication regarding this Agreement may be sent to:
PERF:
Police Executive Research Forum
1120 Connecticut Avenue, N.W., Suite #930,
Washington, DC 20036
or
CITY:
Chief of Police
City of Corpus Christi - Police Department
321 John Sartain
Corpus Christi, Texas 78441
SECTION FIFTEEN — GOVERNING LAW AND VENUE
This Agreement is subject to all federal laws and laws of the State of Texas. All duties of the
parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal
disputes arising out of this Agreement shall be the laws of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
SECTION SIXTEEN —USE OF NAMES
Neither party will use the name of the other in any form of advertising or publicity without the
express written permission of the other party, except City may use PERF's name in brochure or
flyers in regard to the upcoming training course.
SECTION SEVENTEEN — INDEMNIFICATION
PERF, its officers, agents, personnel, representatives, employees, invitees, contractors,
subcontractors, successors and assigns ( "Indemnitors ") covenants and agrees that it shall fully
indemnify, defend and hold the City of Corpus Christi, its officers, agents, employees, and
representatives ( "Indemnitees ") harmless from any and all claims, Ioss, damage, penalties,
judgments, and all liability whatsoever, arising from injury to person or damage to property
arising from, or alleged to have arisen from the actions or negligence of PERF, its officers,
agents, personnel, representatives, employees, invitees, contractors, subcontractors, licensees,
successors and assigns. This indemnity specifically includes claims brought by PERF's
personnel, its officers, agents, representatives, employees, invitecs, contractors, subcontractors,
licensees, successors, and assigns ( "Indemnitors "). Indemnitors shall, at its own cost and
expense, investigate and defend any and all claims, suits or actions (just or unjust) which may be
brought against Indemnitees, each and all of them, or may be impleaded with others upon any
such above- mentioned matter, claim or claims. Indemnitees shall not be responsible or liable for
any loss, damage or injury to any person or property, including any loss, damage, or injury to
PERK', its employees, officers, personnel, representatives, agents, third parties, contractors,
subcontractors, invitees, licensees, successors and assigns (Indemnitors) or to the property owned
by the Indemnitors. Indemnitees shall endeavor to provide a copy of any claim to PERF within
thirty (30) days of when the City received written notice of such claim. The indemnification
obligations of PERF under this section shall survive the expiration or sooner termination of this
Agreement.
City of Corpus Christi:
Jh c . 4AI h
/Ronald L. Olson Date
City Manager
Police Executive Research Forum:
C � d3
Chuck Wexler Dat
Executive Director
D. Troy Riggs Date
Chief of Police
APPROVED AS TO FORM:
T. Trisha Dang Date
Assistant City Attorney
For City Attorney
ATTACHMENT A
Proposal
By The Police Executive Research Forum
To Provide a Three -Day Training Program: Summer 2011
To The Corpus Christi Police Department
Submitted April 1, 2011
The Police Executive Research Forum (PERF), in response to a request from the Corpus
Christi Police Department (the department) is pleased to submit this proposal to provide
three days of Leadership and Management Training for an audience of Police officials
from the Corpus Christi area of Texas. PERF proposes to provide this senior
management level training in three one -day periods offered on July 20 -July 22, 2011, or
mutually agreeable dates prior to August 26, 2011.
Each training day will begin at 8:OOAM and end at 5:OOPM with an hour lunch break.
The location of the training, in Corpus Christi, TX, will be determined and provided by
the department. Instruction will be provided by either PERF staff or subject matter
experts /instructors contracting with PERF to provide the instruction as outlined in this
proposal. In the event any instructor listed in this proposal should, for unforeseeable
reasons, be unable to provide the proposed instruction, a suitable and comparable
replacement, approved by the department, will be provided.
As noted in the proposal, some of the training days include reading materials that
participants should read before attending class. All such listed materials will be provided
by PERF to the department for distribution to attendees in sufficient time to permit them
to be read before the relevant class. The following schedule depicts the training topics
specified by the department, as well as the instructors, reading materials, and applicable
learning objectives proposed by PERF.
The Police Executive Research Forum
1120 Connecticut Avenue, suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
Proposed Training
Day 1 - Instructor: Tom Esensten
AM: The Practice of Strategic Management — We will discuss what goes into
establishing and defining a viable strategy and define the relationship between a
police department's mission and objectives, and its strategy to achieve them.
PM: Navigating the Political Environment — This will include a discussion of
effective strategies for dealing with different local government structures and how
to develop political support for the department's objectives and strategy.
Reading: To Be Determined
Learning Objectives:
1. To highlight the critical need for strategic management in today's chaotic world
2. To provide a template of key characteristics of a strategic organization
3. To identify ways to build political and community support for strategic visions
and goals
4. To understand the challenges of sustained attention and commitment
Day 2 - Instructors: Chuck. Wexler and a Co- Instructor To Be Determined
AM: Moving the Police Department from Good to Great — Achieving great
performance involves identifying, developing and situating high performance
leaders. In this session the instructors will focus on finding and developing
leaders who are already in the department and getting these "right people" in
critical positions and how to go about moving the organization to "high -
performance" status.
Reading: Good to Great Policing: Application of Business Management Principles in the
Public Sector
Learning Objectives:
To recognize the characteristics of high - performance organizations and their
leaders.
The Police Executive Research Forum 2
1120 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
2. To establish the value of matching capable employees with key positions within
the organization.
PM: Managing Critical Incidents — In this session the instructors will discuss
handling critical incidents that attract national media attention. The discussion
will include dealing with government leaders, managing the media, command
implications and complications of long - duration incidents.
Learning Objectives:
1. To identify and consider how to mitigate the issues that can be expected to
arise in critical incidents.
2. To understand and manage the relationship between police priorities and the
needs of the media when covering critical events managed by the police.
Day 3 — Instructor: Christopher Dreisbach
Maintaining an Organizational Culture of Integrity — Integrity is a matter of
integrating into personal or organizational life such virtues as courage, justice,
temperance, and prudence. With this description as a guide, Dr. Dreisbach will
explore the logic of ethics, influences on ethics, individual ethical behavior and
morality and the notion that just as a bad apple should not rot others in the barrel,
we must be careful that the barrel (the criminal justice agency) does not rot the
apple.
Reading: Readings from Ethics in Criminal Justice
Learning Objectives:
1. To become familiar with the fundamental moral theories and principles that
underlie the ethical discourse in American law enforcement.
2. To understand the practical value of these theories as tools in executive -level
moral decision- making.
3. To articulate the basic relationships that moral leaders in law enforcement have to
consider when making moral decisions.
4. To understand the practical aspects of the connection between the U. S.
Constitution, American ethics, and moral leadership.
The Police Executive Research Forum
1120 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
Project Cost
PERF proposes to provide the listed training for a fixed fee of $28,422. This includes
curriculum development, all instruction, reading materials for participants, all travel,
lodging, and per diem expenses incurred by PERF instructors.
Delivery Dates
Work will commence upon receipt of a signed contract, with training dates as July 20 -22,
2011, or to be mutually established but not to extend beyond August 26, 2011.
PERF's Qualifications and Experience
Founded in 1977, the Police Executive Research Forum (PERF) is both a premier police
research organization and a provider of high quality management services, technical
assistance, and training to support law enforcement and the criminal justice system. As a
private, non profit 510 (c) (3) organization, PERF was formed to improve the delivery of
police services and the effectiveness of crime control through:
1. The exercise of strong national leadership;
2. Public debate of police and criminal justice issues;
3. Research and policy development; and
4. The provision of vital management and leadership services to police agencies.
PERF projects have covered a wide range of police and criminal justice topics. Our
experience has not only demonstrated PERF's competence in successfully conducting in-
depth research and analytical studies but also has attested to PERF's capability to report
meaningful findings to the police community.
The Police Executive Research Forum is one of four agencies responsible for the
development of the national accreditation program for law enforcement agencies.
Because of this effort, hundreds of law enforcement agencies have reached accredited
status and hundreds more are currently pursuing accreditation by the Commission on
Accreditation for Law Enforcement Agencies, Inc. (CALEA). PERF developed many of
the benchmarks against which agencies. are measured in order to become accredited.
PERF's founding principles include promoting the improvement of police service by
upgrading and continuing to professionalize police executive management; fostering
research and growth of knowledge of police science and administration; and supporting
the continuing development and implementation of standards to improve police
performance. PERF has an extensive history of measuring all aspects of police agency
performance, striving to find the best policing practices and then disseminating that
knowledge to police agencies in the United States and around the world.
The Police Executive Research Forum 4
1120 Connecticut Avenue, suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
PERF is often a developer and compiler of police best practices. Many of the
benchmarks that are established for police operations are the result of work performed by
PERF. In addition, through its extensive management studies /performance appraisal
experience, PERF is aware of the innovative and productive operations in a wide array of
police departments.
PERF uniquely offers management services that are interrelated with the best research
knowledge about policing. As our research discovers, confirms, and documents the best
policing practices, our management services staff integrates them in our organizational
reviews. Conversely, as we discover field issues and practices that concern police
agencies and their citizens, this information helps to shape PERF's research agenda.
PERF offers a full range of management services to member and non - member
police organizations of all sizes, including:
• Comprehensive management surveys, performance audits, and organizational
studies;
• Resource allocation studies, workload assessments, and beat planning;
• Human resource management reviews;
• Productivity analysis and improvement recommendations;
• On -site assistance in implementing recommendations;
• Education and training development, delivery, and review;
• Technology and automation needs assessments, RFP development, and
assistance with vendor selection;
• Organizational climate review and organizational development planning;
• Core process identification and process mapping; and
• Strategic planning assistance.
Additionally, PERF has provided technical assistance in specialized areas such as records
and information processing, budget, communications, crime prevention, management of
criminal investigations, and police handling of special populations.
Qualifications of Instructors
Tom Esensten
With over thirty years of consulting experience, Torn has assisted over 300 clients around
the world to improve their organizational performance through strategic planning,
organization analysis, team building, leadership development and change facilitation. He
has served a variety of public agencies, including law enforcement, fire services, public
health, housing, public works, general municipal government, joint powers authorities
and information systems management,
The Police Executive Research Forum
1124 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
Specializing in public safety, Tom's lengthy list of law enforcement clients includes the
Los Angeles Police Department, State of California Office of the Attorney General, San
Bernardino County Sheriff's Department, Washington State Patrol, Chicago Police
Department, Ontario Police Department, Commission on Peace Officer Standards and
Training, Pasadena Police Department, Placer County Sheriff's Department, Sacramento
Police Department, Florida Department of Law Enforcement, ,Anaheim Police
Department, Littleton Colorado Police Department, Metro -Dade Police Department and
the Fremont Police Department. Tom serves as Course Manager for the POST Command
College, having been selected Outstanding Faculty Member four times. He serves on the
faculties of the Chief Executive Seminar and the Senior Leadership Program for the
Florida Department of Law Enforcement. Tom is an active member of the California
Peace Officers' Association and serves on its Training Committee. Tom is also a
certified team building workshop facilitator under the POST reimbursement plan.
Tom was Director of management consulting services for a technology firm specializing
in public safety, he was in corporate human resources at Hughes Aircraft Company
training 12,000 business and technical managers, and served as Project Director for
several U.S. Department of Justice grants at the University of Southern California. Tom
holds Bachelor and Master degrees in Public Administration from USC and an MBA
from UCLA.
Chuck Wexler
Chuck Wexler, appointed as the Executive Director of the Police Executive Research
Forum (PERF) in 1993, leads a staff engaged in police and criminal justice research,
management studies and consulting, publication of research findings, technical
assistance, demonstration projects, and executive development and selection. PERF is a
membership organization of law enforcement chiefs from the larger police agencies in the
country. It was founded more than a quarter century ago by a number of chiefs who saw a
need for an organization dedicated to progressive thinking about difficult issues in
policing.
During his tenure at PERF, Wexler has been directly involved in numerous technical
assistance, research and consulting projects to improve the delivery of police services.
Examples of major projects include his work coordinating the development and
implementation of a comprehensive anti -crime strategy in Minneapolis that is now a
model for public- private cooperation. He has been involved in major projects in Chicago,
Kansas City, Los Angeles, Washington, DC, Kingston, Jamaica, London and the Middle
East. In each of these projects his purpose is to more efficiently deliver policing services
to the community. He oversaw PERF's analysis of the investigation into the Washington
sniper incidents, serving as co- author of PERF's report, Managing Multijurisdictional
Cases: Lessons Learned from the Sniper Investigation.
Prior to joining PERF, he worked as an assistant to the nation's first Director of the
The Police Executive Research Forum 6
1120 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
Office of National Drug Control Policy where he identified exemplary local initiatives
and helped craft national policy. He also headed the Professional Development Division
of the International Association of Chiefs of Police where he designed a national program
for the selection of police chiefs and revamped and broadened executive development
programs for police executives.
A native of Boston, Wexler held a number of key positions in the Boston Police
Department. As Operations Assistant to the Police Commissioner, he played a central
role in the agency's management of racial violence in the wake of court- ordered
desegregation of the Boston School System. He was also instrumental in the development
and management of the Community Disorders Unit, which earned a national reputation
for successfully prosecuting and preventing racially motivated crime.
Wexler serves as an evaluator for the Ford Foundation's Innovations in Government
Project. He graduated from Boston University with a liberal arts degree, earned a masters
degree in criminology from Florida State University and a Ph.D. in urban studies and
planning from the Massachusetts Institute of Technology (MIT). He has been an
instructor at Bowdoin College and MIT. In February 2006 he was awarded an OBE
(Order of the British Empire) for his extensive work with British and American police
agencies.
Chris Dreisbach
Now in his 29th year of teaching, Christopher Dreisbach is chair of the Department of
Applied Ethics and Humanities for the Division of Public Safety Leadership in Johns
Hopkins University's School of Education. He is Professor of Moral Theology at The
Ecumenical Institute of Theology, St. Mary's Seminary & University. He teaches a
variety of ethics courses in the Bachelor's and Master's degree programs for law
enforcement and firefighters/EMS officials. He is a frequent lecturer on ethics for
federal, state, and local law enforcement agencies, frequently offering ethics workshops
for the Maryland State Police, the Florida Department of Law Enforcement, The
California Commission on Peace Officer Standards and Training, and the U. S. Secret
Service.
Chris received his BA in philosophy from Hamline University, and his MA and PhD in
philosophy from Johns Hopkins. He is the author or co- author of books, articles, and
software in logic, education, ethics, the philosophy of dreams, and the philosophy of R.
G. Collingwood. His book Ethics in Criminal Justice, published by McGraw -Hill, came
out in spring 2008, and his book Collingwood on the Moral Principles of Art is
forthcoming from Susquehanna University Press.
The Police Executive Research Forum 7
1120 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011
ATTACHMENT A
Proposed Daily Schedule
8:00 AM Session 1
9:15 AM Session 2
10:30 AM Session 3
11:35 Lunch
12:45 PM Session 1
2:00 PM Session 2
3:15 PM Session 3
4:30 Questions and Answers
5:00 Dismissal
The Police Executive Research Forum g
1120 Connecticut Avenue, Suite 930, NW
Washington, DC 20036
202 466 7820
April 1, 2011