Title
Subject: Settlement of Delphine Allen
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf of the City of Oakland, to enter into a Professional Services Agreement with Relman & Associates in an amount not to exceed Three Million, Six Hundred Thousand Dollars ($3,600,000) for the period of July 15, 2003 through May 31, 2008 to perform services as an Independent Monitor as provided for in the Settlement of Delphine Allen, et al. V. City of Oakland, et al. USDC Case No. C00-4599 (TEH)
Body
CITY OF OAKLAND
Z
AGENDA REPORT
K. L "I ?I D
TO: Office of the City Manager X-1 2 P; 6
ATTN: Robert C. Bobb
FROM: Oakland Police Department
DATE: July 15, 2003
RE: A report and proposed resolution authorizing the City Manager, on behalf of the
City of Oakland, to enter into a Professional Services Agreement with Reiman &
Associates in an amount not to exceed three million, five hundred seventy-six
thousand eight hundred ninety-eight dollars and eighty-two cents ($3,576,898.82)
for the period of July 15, 2003 to July 15, 2008 to perform services as an
independent monitor as provided for in the Settlement Agreement in Delphine
Allen, et al. v. City of Oakland, et al., U.S.D.C. case no. COO-4599 (TEH)
SUMMARY
At its April 8, 2003 meeting, the City Council approved the Riders' Settlement Agreement
Steering Committee's recommendation of Reiman & Associates as the City's choice for
Independent Monitor of the Settlement Agreement. City Council directed staff to present the
draft contract to the Public Safety Committee for their review.
The Office of the City Attorney has prepared a draft Professional Services Agreement
(Attachment A) for Relman & Associates to provide such Independent Monitor services.
In preparing this report, Police Department staff researched independent monitor contract costs
from nine (9) police agencies that have recently completed, or are currently operating under,
consent decrees. A chart (Attachment B) is provided to compare the costs of those monitoring
services to the costs proposed by Reiman.
FISCAL IMPACT
The draft contract for monitor services with Relman & Associates specifies a maximum cost of
$3,576,898.82 over a five (5) year period. This cost is within the Settlement Agreement's
specified maximum amount of "four million dollars ($4,000,000.00) for the five year
implementation of the Settlement Agreement." I
The monitor's fees are included in the budget proposals submitted by the Office of the City
Manager for FY 2003-04 and FY 2004-05. The funding for the fees is budgeted in the General
PurposeFund,FundNumberlOIO,OrganizationCodelOI130,AccountNumber54919. The
total amount for FY 2003-04 and FY 2004-05 is one million five hundred and eighty thousand
dollars ($1,580,000.00). Based on a careful review the monitor's responsibilities, their tentative
arrival date, and the projected billing/payment process, the funding was divided equally at seven
Settlement Agreement, X111 A 2., page 43, lines 7-8.
Item: 671L@
City Council
July 15, 2003
Oakland Police Department
Independent Monitor Selection Page 2
hundred and ninety thousand dollars ($790,000.00) for each fiscal year. The $790,000.00
budgeted for FY 2003 - 04 is sufficient to cover contract costs during the period.
All costs and fees for the monitor not covered by FY 2003-05 will be appropriately reflected in
the FY 2005-07 and FY 2007-09 budget proposals.
BACKGROUND
Monitor Selection
The Police Department and Office of the City Attorney conducted a selection process to identify
an independent monitor who best met the needs of the City in implementing and complying with
the terms of the Settlement Agreement. The Riders' Settlement Agreement Steering Committee,
consisting of the City Manager, Chief of Police, and staff from the Office of the City Attorney,
evaluated the candidates and recommended that Relman & Associates' monitoring team be the
City's selection as Independent Monitor. The City Council approved that recommendation at its
April 8, 2003 meeting.
KEY ISSUES AND IMPACTS
Cost Comparisons
Police Department staff contacted nine (9) police agencies operating under consent decrees,
which are similar to our Settlement Agreement, to compare monitoring costs. The agencies
were:
I . Cincinnati Police Department, Ohio
2. Washington D.C. Metropolitan Police Department, District of Columbia
3. Los Angeles Police Department, California
4. Riverside Police Department, California
5. Wallkill Police Department, New York
6. Montgomery County Police Department, Maryland
7. New Jersey State Police Department, New Jersey
8. Pittsburgh Police Department, Pennsylvania
9. Steubenville Police Department, Ohio
All nine (9) agencies responded with information. The scope and cost of monitor services from
these agencies were evaluated and compared to the proposal submitted by Relman & Associates.
A chart (Attachment B) listing the agencies and comparing the scope and cost of their monitor
services is included with this report. Composite hourly cost for monitor services in other
agencies with similar monitoring contracts ranged from a low of $77.00 per hour to a high of
$289.00 per hour. Relman & Associate's composite hourly cost 2 of $248.00 per hour was the
fourth lowest of comparable agencies researched.
' Composite hourly cost is calculated by dividing the projected 5-year cost (professional services plus expenses plus
administrative overhead) by the total monitor team hours worked.
@13
Item: 0
City Council
July 15, 2003
Oakland Police Department
Independent Monitor Selection Page 3
On April 28, 2003, the Chief of Police discussed with Relman & Associates what concessions, if
any, could be negotiated in their bid to provide monitor services. Relman responded that their
hourly rate is already substantially reduced and is in line with hourly rates charged for monitor
services in other cities. The Police Department's research corroborates this assertion. Relman
further stated their commitment to controlling travel expenses by utilizing discounted airfares
and government hotel and rental car rates where available.
Background Check
The sensitivity and confidentiality of the information reviewed by a monitor necessitates
successful completion of a background investigation. Background investigations were
conducted on Relman & Associates' team members and have been successfully completed.
SUSTAINABLE OPPORTUNITIES
Economic - The Independent Monitor fulf ills an important function in the implementation of the
reform measures contained in the Settlement Agreement. These reform measures are designed to
prevent, reduce, and mitigate losses resulting from incidents of alleged police misconduct. Other
cities and counties that have successfully implemented consent decrees similar to our Settlement
Agreement have reported a reduction in liability pay-outs resulting from alleged police
misconduct cases.
Environmental - There are no environmental opportunities associated with this report.
Social Equity - The development and implementation of policies and procedures based on a
nation-wide review of best-practices ensures the delivery of professional police services with the
highest regard for the rights and dignity of all persons.
DISABILITY AND SENIOR CITIZEN ACCESS
There are no ADA or senior citizen access issues associated with this report.
RECOMMENDATION
Recommend approval of the proposed resolution.
Respectfully submitted,
c r
Chief of Police
Attachments A: Draft Professional Services contact Prepared by: Douglas E. Anderson
13: Monitor Cost Comparison chart Lieutenant of Police
Office of Inspector General
APPROVED FOR FORWARDING TO
THE PUBLIC SAFETY COMMITTEE:
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City Council
Oly 9[y Man-age/ July 15, 2003
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Approved s to UFormar6,0_e-Alt
[)MCE OAKLAND CITY COUNCIL
City Attorney
13-SOLUTION No. C. M.S.
2903 JUL - 2 P"n 5: Wo
RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF
THE CITY OF OAKLAND, TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH RELMAN & ASSOCIATES IN AN
AMOUNT NOT TO EXCEED THREE MILLION, FIVE HUNDRED
SEVENTY-SIX THOUSAND EIGHT HUNDRED NINETY-EIGHT
DOLLARS AND EIGHTY-TWO CENTS (S3,576,898.82) FOR THE PERIOD
OF JULY 15, 2003 TO JULY 15, 2008 TO PERFORM SERVICES AS AN
INDEPENDENT MONITOR AS PROVIDED FOR IN THE SETTLEMENT
AGREEMENT IN DELPHINE ALLEN, et A v. CITY OF OAKLAND, et al,
U.S.D.C. CASE NO. COO-4599 (TEH)
WHEREAS, the City Council finds that this contract is for services of a professional nature: and
WHEREAS, the City Council finds that services under the contract will be temporary: and
WHEREAS, the Council finds that this contract shall not result in the loss of employment or
salary by any person having permanent status in the competitive service: and
WHEREAS, contracts requiring professional or specialized services are exempt from
competitive bidding pursuant to Chapter 2.04 of the Oakland Municipal Code; and
WHEREAS, at its April 8. 2003) meeting, the City Council approved the Riders' Settlement
Agreement Steering Committee's recommendation of Relman & Associates as the City's choice
for Independent Monitor of the Settlement Agreement in Delphine Allen. et al v. City of
Oakland. et al, U.S.D.C. Case No. COO-4599 (TEH) ("Agreement"),- and
WHEREAS, the Office of the City Attorney has prepared a draft Professional Services
Agreement (Attachment A) for Relman & Associates to provide independent monitor services:
and
WHEREAS. the draft contract for monitor services with Relman & Associates specifies a
maximum cost of $3.576.898.82 over a five (5) year period; and
WHEREAS, the cost of the draft contract with Relinan & Associates is within the Settlement
Agreement's specified maximum amount of four million dollars ($4.000,000) for the five vear
implementation of the Settlement Aggreement: and
WHEREAS, the Police Department has included the monitor's fees in the budget proposals
submitted to the Office of the City Manager for FY 03-04 and FY 04-05: now. therefore. be it
142_5
ORAICOUNCIL
JUL I 5 2003
Professional Services Agreement
ReInian & Associates Page 2
RESOLVED: That the City Council hereby authorizes the City Manager, on behalf of the City
of Oakland, to negotiate and enter into a professional services agreement with Relman &
Associates in an amount not to exceed three million five hundred seventy-six thousand eight
hundred ninety-eight dollars and cighty-two cents (S3,576.898.82) for independent monitor
services; and be it
FURTHERRESOLVED: TliattheCityCouncillierebyauthorizestheCityMana.-erto
execute any further documents necessary to implement this resolution; and be it
FURTHER RESOLVED: That the City Manager is authorized to modify, extend or amend,
the Agreement provided that no additional funds will be allocated without prior Council
approval; and be it
FURTHER RESOLVED: That the Azreernent shall be reviewed by the City Attorney as to
form and legality and a copy placed on rile in the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA, 20
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, CLAN, REID, WAN and PRESIDENT DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, Cafifornia
J3
ORAICOUNCI
QUL 1 5 2003
k-/V
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF OAKLAND
AND RELMAN &ASSOCIATES
Whereas, the City of Oakland ("City") desires to enter into this agreement with Reiman &
Associates to provide services as a court appointed monitor to oversee the
implementation of the settlement agreement in Allen, et al., v. City of Oakland, et al.,
U.S.D.C. Case No. COO-4599 TEH ("Settlement Agreemenf'); and
Whereas, Reiman was mutually selected by the City and Plaintiffs in the above litigation
as the agreed upon monitor following a lengthy Request for Proposal ("RFP") process;
and
Whereas, the United States District Court for the Northern District of California has
continuing jurisdiction of this action and has approved the selection of Reiman as the
monitor.
Now therefore the parties to this agreement covenant as follows:
1) Parties and Effective Date
This Agreement is made and entered into as of July 15, 2003, between the City of
Oakland, a municipal corporation, ("City") One Frank H. Ogawa Plaza, Oakland,
California 94612 and Relman & Associates ("Contractor"). Reiman's Independent
Monitoring Team, (hereinafter referred to as "IMT") shall be comprised of the following
members; Kelli M. Evans, Esq., Christy E. Lopez, Esq., Charles Gruber, and Rachel M.
Burgess.
2) Scope of Services
Reiman agrees to perform the services required to monitor the Settlement Agreement,
including those specified in Exhibit A attached to this agreement and incorporated
herein by reference.
3) Method of Performing Services
Except as provided in the Settlement Agreement, Reiman will determine the method,
details and means of performing the services described in Exhibit A.
4) Time of Performance
Reiman's services shall begin on July, 15, 2003, and shall be completed by July 15, 2008
unless extended by the Court. The extension of the Monitor beyond five years shall be
allowed only if the Court determines that it is reasonably necessary in order for the
Monitor to fulfill his/her duties pursuant to the Settlement Agreement. If the monitorinci
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307846 July 15, 2003
period is extended beyond five years, Reiman will require a separate agreement setting
forth the nature of the services to be provided and the amount and manner in which the
City vAl pay for such services. Under no circumstances shall Reiman's services extend
beyond January 22, 2010.
5) Compensation and Method of Paymen
Reiman will be paid for performance of the entire scope of services an amount not to
exceed $3,576,898.82, including all agreed expenses as set forth in Exhibit B.
Monthly payments shall be made to Reiman upon submission and approval of billing
invoices. The invoices shall include the billing amount and a brief description of the
services rendered. Except for those in dispute, all payments shall be due and payable
upon receipt of an invoice. It is agreed that all payments made later than 30 days
from receipt of an invoice shall be considered overdue payments. Overdue payments
shall include an interest payment calculated as provided for by State of California
prompt payment law codified in the Public Contract Code 20104.50, et seq. A
breakdown of the costs is set forth more fully as Exhibit B.
6) Monitoring Team
Reiman shall appoint an IMT, comprised of employees and subcontractors, to
perform the scope of services required hereunder for the duration of the Agreement
(hereinafter referred to as "Team"), as follows:
KOH Evans, Esq., Christy Lopez, Esq., Rachel Burgess, and Charles Gruber.
For the purposes of all communications and liaisons between the IMT and City,
Reiman appoints Kelli Evans as the Primary Monitor. City shall first communicate
with Kell! Evans unless she is not available, in which case City shall then
communicate with Christy Lopez.
Reiman shall not remove IMT members during the term of this Agreement unless
the employment and/or subcontractor relationship between Reiman and employee
or subcontractor is terminated, in which case Reiman shall provide City with IO days
notice of release of IMT members due to such termination, and replace members as
provided below.
7) Addition & Replacement of IMT Members
Reiman shall obtain the written approval of the City, which shall not be unreasonably
withheld, if it wishes to appoint new members to or to replace members of the IMT.
Reiman shall provide to City a copy of the proposed member's resume and a
completed background questionnaire at least 30 business days prior to
appointment. City shall respond within 30 business days of receipt of the resume
and completed background questionnaire with a written approval or disapproval.
City shall provide reasons, in writing, for disapproval of a proposed candidate. If
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City fails to respond within the time limit, Reiman's proposed candidate shall be
deemed approved.
City shall not be liable for any costs associated with the replacement of any
members of the IMT, including costs necessary to bring new members of the IMT to
current status with the project.
8) Independent Contractor
It is expressly agreed that in the performance of the services necessary to carry out
this agreement, Reiman shall be, and is, an independent contractor, and is not an
employee of City. Except as provided for in the Settlement Agreement and specified in
Paragraph 1 above, Reiman has and shall retain the right to exercise full control and
supervision of the services, and full control over the employment, direction,
compensation and discharge of all persons assisting Reiman in the performance of
Reiman's services hereunder. Reiman shall be solely responsible for all matters
relating to the payment of his/her employees, including compliance with social
security, withholding and all other regulations governing such matters, and shall be
solely responsible for Reiman's own acts and those of Reiman's subordinates and
employees. It is further expressly understood by the parties to this agreement that at
all times Reiman is an agent of the United States District Court and as such reports to
and takes direction from said court.
Reiman may associate such additional persons or entities to assist in developing
databases and scientifically valid review methodologies as are reasonably
necessary to perform the monitoring tasks specified in this Agreement. Any
additional persons or entities associated by Reiman shall possess the following
attributes: a reputation for integrity, even-handedness and independence; an
absence of bias, including any appearance of bias, for or against the plaintiffs, the
City, the Department, or their members or employees; and no personal involvement
in the last five (5) years, whether paid or unpaid, with a claim or lawsuit against the
City or the Department or any of their officers, agents or employees unless waived
by the parties, which waiver shall not be unreasonably withheld.
Reiman shall notify the City and the Court if and when such additional persons or
entities are selected for association by Reiman. The notice shall identify the person
or entity to be associated and the monitoring task to be performed, and, if a waiver
is being requested, the notice shall indicate if the person had any such involvement
in the last five (5) years, whether paid or unpaid, with a claim or lawsuit against the
City or the Department, or any of their members, agents, or employees.
9) Contractor's Qualifications
Reiman represents that it has the qualifications and skills necessary to perform the
services under this agreement in a competent and professional manner without the
advice or direction of City. This means Reiman is able to fulfill the requirements of this
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agreement. Failure to perform all of the services required under this agreement will
constitute a material breach of the agreement. Subject to the provisions of the
Settlement Agreement and requirements of the Court and the City, Reiman has
complete and sole discretion for the manner in which the work under this agreement is
performed.
IO) Payment of Income Taxes
Reiman is responsible for paying, when due, all applicable taxes, including income
taxes, and estimated income taxes, incurred as a result of the compensation paid by
City to Reiman for services under this agreement. On request, Reiman will provide
City with certification by Reiman's accountant that timely payment of taxes on income
received from City has been made. Reiman agrees to indemnify City for any claims,
costs, losses, fees, penalties, interest or damages suffered by City resulting from
Reiman's failure to comply with this provision.
1 1) Payment of Expenses
Reiman will be responsible for all expenses incurred in performing services under this
agreement not set forth in Exhibit B.
12) Non-Exclusive Relationship
Reiman may perform services for, and contract with, as many additional clients,
persons or companies as Reiman, in its sole discretion, sees fit.
13) Tools, Materials and Eguipment
Reiman will supply all tools, materials and equipment required to perfon-n the services
under this agreement except those specified in Exhibit A. In addition, the City shall
provide Reiman and any staff of Reiman with office space, which may be in the
Police Department or within other City offices, and with reasonable office support
such as computers, internet and email access, telephones, access to fax and
photocopying, etc. The City and OPID shall bear all reasonable fees and costs for
Reiman.
14) Cooperation of City and OPID
City and CPD agree to comply in good faith with all reasonable requests of Reiman
necessary to the performance of Reiman's duties under this agreement. If the
Monitor reports that the duties and the responsibilities of the Monitor, as specified in
this Agreement, cannot be carried out because of lack of cooperation, failure to
provide appropriate data and documents otherwise called for in this Agreement, lack
of timely response or other forms of unwarranted delays from OPID or the City, the
Court may impose such remedies as it deems just and necessary.
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15) Extra Wo
Reiman will do no extra work under this agreement, including providing technical
assistance beyond the scope of the Settlement Agreement, without first receiving prior
written authorization from City. Should OPID or the City request technical assistance
on matters that are beyond the scope of the Settlement Agreement, Reiman will
provide such assistance if appropriate, but because such services are not included in
the Scope of Services or Budget for this agreement, Reiman will require a separate
agreement setting forth the nature of the services and the amount and manner in
which the City will pay for such services.
16) Proprietary or Confidential Information of Ci
Reiman understands and agrees that, in the performance of the work or services
under this Agreement or in contemplation thereof, Reiman may have access to
private or confidential information which may be owned or controlled by City and that
such information may contain proprietary or confidential details, the disclosure of
which to third parties may be damaging to City. Reiman agrees that all information
disclosed by City to Reiman shall be held in confidence and used only in and as
required by the performance of the Agreement except as required by Reiman in the
performance of its duties as set forth in the Settlement Agreement and Exhibit A.
Reiman shall exercise the same standard of care to protect such information as a
reasonably prudent contractor would use to protect its own proprietary data.
17) Proprietary or Confidential Information of Reiman
The City and OPID understand and agree that, in the performance of the work or
services under this Agreement or in contemplation thereof, the City and OPID may
have access to private or confidential information which may be owned or controlled
by Reiman and that such information may contain proprietary or confidential details,
the disclosure of which to third parties may not be authorized by Reiman. The City
and OPID agree that all information disclosed by Reiman to the City and OPID shall
be held in confidence and used only as required by the City or OPID in the
performance of duties as set forth in the Settlement Agreement. OPID and the City
shall exercise the same standard of care to protect such information as a
reasonably prudent contractor would use to protect its own proprietary data.
18) City's Right to Use of Reiman's Work & Software License
The City shall have right to use, distribute, copy, disseminate, publish or otherwise
utilize, without restriction or costs, all reports, documents, information, compliance
analyses, studies, notes, raw review data, audit procedures, tools and forms
originated, generated and or prepared by Reiman or its subcontractors in the
performance of this Agreement.
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Reiman further agrees to secure an option from any software provider/developer it
may use, to be exercised upon expiration of this Agreement, for City i) to purchase a
license or licenses for any audit software acquired and/or developed by Reiman or
its subcontractors, and ii) to modify said software in order to interface it with OPID's
PIMS system. All costs for the City's software options, license(s), modifications and
post-Agreement maintenance of the software shall be borne by the City.
19) Termination on Notice
This agreement may only be terminated as set forth in the Settlement Agreement, a
copy of which is attached as Exhibit C.
20) Agents/Brokers
Reiman warrants that, Reiman has not employed or retained any subcontractor,
agent, company or person other than bona fide, full-time employees of Reiman
working solely for Reiman, to solicit or secure this agreement, and that Reiman has
not paid or agreed to pay any subcontractor, agent, company or persons other than
bona fide employees any fee, commission, percentage, gifts or any other
consideration, contingent upon or resulting from the award of this agreement.
21) Conflict of Interest Rules.
a) Reiman warrants and represents, to the best of its present knowledge, that no
"Public Official" of the City who has participated in "Making" or in any way used his
or her official position to influence the making of this Agreement has a "Financial
Interest' in this Agreement or the program funded under this Agreement.
b) For purposes of this paragraph, a "Public Official" has a "Financial Interest" if the
Agreement or the program would foreseeably have a material financial effect, at the
time of the official's participation, on (a) the official, (b) the official's spouse or
dependent children, (c) any for-profit business entity in which the official has a direct
or indirect investment worth $1,000 or more, (d) any real property in which the
official has a direct or indirect interest worth $1,000 or more, (e) any for-profit
business entity in which the official is a director, officer, partner, trustee, employee
or manager, or (f) any source of income or donors of gifts to the official (including
nonprofit entities) if the income or value of the gift totaled more than $250 the
previous year.
c) Also, Reiman warrants and represents, to the best of its present knowledge, that
any public official of the City who is a noncompensated director or officer of Reiman
has not participated in the making of this Agreement or in the decision to fund the
program from CDBG funds.
d) For purposes of this subsection, "Public Official" means any City
Councilmember, elected or appointed official, member, officer, employee or
consultant of the City, and specifically includes any director of a Community
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Development District Board that makes a recommendation on the funding for this
Agreement.
22) Conflict of Interest: Remedies and Sanctions
In addition to the rights and remedies otherwise available to the City under this
Agreement, Reiman understands and agrees that, if the City reasonably determines
that Reiman has failed to make a good faith effort to avoid an improper conflict of
interest situation or is responsible for the conflict situation, the City may petition the
court for relief as provided for in the settlement agreement.
23) Conflict of Interest: Subcontracts
Reiman shall incorporate, or cause to be incorporated, in all contracts and
subcontracts for work to be performed under this Agreement a provision prohibiting
any conflict of interest described above in this section.
24) Conflict of Interest: No Waiver
Nothing herein is intended to nor does waive any applicable federal, state or local
conflict of interest law or regulation.
25) Equal Employment Practices
a) Reiman shall not discriminate or permit discrimination against any person or group
of persons in any manner prohibited by federal, state, or local laws.
b) During the performance of this agreement, Reman agrees as follows:
c) Reiman and Reiman's subcontractors, if any, shall not discriminate against any
employee or applicant for employment because of gender, sexual preference, race,
creed, color, national origin, Acquired-immune Deficiency Syndrome (AIDS),
AIDS-Related Complex (ARC) or physical disability. Such nondiscriminatory action
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
d) Reiman and Reiman's subcontractors shall state in all solicitations or
advertisements for persons to provide services under this Agreement, that all qualified
applicants will receive consideration for employment without regard to gender, sexual
preference, race, creed, color, national origin, Acquired Immune Deficiency Syndrome
(AIDS), AIDS Related Complex (ARC) or physical disability.
e) If applicable, Reiman will send to each labor union or representative of workers
with whom Reiman has a collective bargaining agreement or contract or
understanding, a notice advising the labor union or workers' representative of Reiman
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commitments under this nondiscrimination clause and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
26) Affirmative Action
a) Reiman shall make good faith efforts to subcontract with certified LBE/SLBE Local
Business Enterprise/Small Local Business Enterprise subcontractors. Additionally, if
possible, opportunities for training and employment shall be given to residents of the
City of Oakland.
b) Reiman shall submit information on forms supplied by the City concerning the
ownership and workforce composition of Reiman's firm as well as its subcontractors
and suppliers performing work pursuant to this Agreement, as reasonably requested
by the City.
c) All affirmative action efforts of Reiman are subject to tracking by the City. This
information or data shall be used for statistical purposes only. All contractors are
required to provide data regarding the make-up of their subcontractors and agents
who will perform City contracts, including the race and gender of each employee
and/or contractor and his or her job title or function and the methodology used by
the contractor to hire and/or contract with the individual or entity in question.
d) In the recruitment of subcontractors who will perform City contracts, the City of
Oakland requires all contractors to undertake nondiscriminatory and equal outreach
efforts, which include outreach to minorities and women-owned businesses as well
as other segment of Oakland's business community. The City Manager will track
the City's MBEIWBE utilization to ensure the absence of unlawful discrimination on
the basis of race, ethnicity, national origin, gender, religion, sexual orientation, or
disability, and make reports quarterly or as requested, to the City.
e) In the use of such recruitment, hiring and retention of employees or
subcontractors who will perform City contracts, the City of Oakland requires all
contractors to undertake nondiscriminatory and equal outreach efforts which include
outreach to minorities and women as well as other segments of Oakland's business
community.
27) Living Wage Requirements
a) This Agreement is subject to the Living Wage Ordinance of the Oakland
Municipal Code and its implementing regulations. The Ordinance requires among
other things, submission of the Declaration of Compliance attached and
incorporated herein and made part of this Agreement, and, unless specific
exemptions apply or a waiver is granted, that Reiman provide the following to its
employees who perform services under or related to this Agreement:
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b) Minimum compensation - Effective July 1, 2003, said employees shall be paid an
initial hourly wage rate of $9.58 with health benefits or $11.02 without health
benefits. These initial rates shall be upwardly adjusted each year no later than April
1 in proportion to the increase at the immediately preceding December 31 over the
year earlier level of the Bay Region Consumer Price Index as published by the
Bureau of Labor Statistics, U.S. Department of Labor. The city shall notify Reiman
in May of each year of the new rates.
c) Health benefits - Said full-time and part-time employees paid at the lower living
wage rate shall be provided health benefits of at least $1.25 per hour. Contractor
shall provide proof that health benefits are in effect for those employees no later
than 30 days after execution of the contract or receipt of City financial assistance.
d) Compensated days off - Said employees shall be entitled to twelve compensated
days off per year for sick leave, vacation or personal necessity at the employee's
request, and ten uncompensated days off per year for sick leave. Employees shall
accrue one compensated day off per month of full time employment. Part-time
employees shall accrue compensated days off in increments proportional to that
accrued by full-time employees. The employees shall be eligible to use accrued
days off after the first six months of employment or consistent with company policy,
whichever is sooner. Paid holidays, consistent with established employer policy,
may be counted toward provision of the required 12 compensated days off. Ten
uncompensated days off shall be made available, as needed, for personal or
immediate family illness after the employee has exhausted his or her accrued
compensated days off for that year.
e) Federal Earned Income Credit (EIC) - Reiman shall inform said employees who
earn less than $12.00 per hour that he or she may be eligible for EIC and shall
provide forms to apply for advance EIC payments to eligible employees.
f) Reiman shall provide to all employees and to the Office of Contract Compliance,
written notice of its obligation to eligible employees under the City's Living Wage
requirements. Said notice shall be posted prominently in communal areas of the
work site(s) and shall include information set forth in sections a through d above.
g) Reiman shall provide all written notices and forms required above in English,
Spanish or other languages spoken by a significant number of employees within 30
days of employment under this Agreement.
h) Reiman shall require subcontractors that provide services under or related to this
Agreement to comply with the above Living Wage provisions. Reiman shall include
the same or similar provisions as those set forth in sections a through g above in its
subcontracts. Copies of said subcontracts shall be submitted to the Office of
Contract Compliance.
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28) Equal Benefits
This. Agreement is subject to the Equal Benefits Ordinance, Municipal Code,
Chapter 2.32 requiring contractors on city contracts of $25,000 or more to provide
employee benefits to their employees with domestic partners equivalent to those
provided to their employees with spouses. The ordinance covers all benefits that an
employer offers its employees and their spouses, which include but are not limited
to, health benefits, bereavement leave, family leave, retirement benefits, travel and
other benefits. Contractor and vendors that do not have employees or do not
provide employees with spousal benefits are not required to change their benefits
policies. All Contractors shall execute an "Equal Benefits-Declaration of
Nondiscrimination" which shall be incorporated herein and attached as Schedule C-
2 to this Agreement.
29) Audit and Inspections
RELMAN shall permit, CITY and its authorized representatives to have reasonable
access to RELMAN'S books, records, accounts and work product for expenditures
billed to the City under this Agreement, for the purpose of making an audit or
examination for a period of four (4) years following the fiscal year of the last
expenditure under this Agreement, providing the City pays for storage of the
materials with a vendor of the City's choosing. CITY shall not have the right to audit
or examine any books, records, accounts or work product of RELMAN not related to
expenditures billed to the City under this Agreement. RELMAN shall permit and
facilitate observation and inspection of the work and records for expenditures billed
to the CITY at RELMAN'S principal office and job site by CITY, its employees,
agents, public authorities, and other designees, during reasonable business hours.
RELMAN acknowledges that all records documenting expenditures billed to the
CITY are subject to public review.
30)lnsurance
Reiman shall procure and keep in force the insurance requirements specified in
Schedule Q (attached hereto and incorporated herein by reference) for the term of
this contract.
31) Lndemnification
Reiman agrees to protect, defend (with counsel acceptable to the City), indemnify and
hold harmless City, its councilmembers, officers employees and agents
("Indemnitees") from any and all actions, causes of action, claims, losses expenses
(including reasonable attorneys' fees and costs) or liability (collectively called
"Actions") on account of damage of property or injury to or death of persons arising
out of or resulting in any way from the negligence of Reiman, its officers, employees,
subconsultants or agents in the performance of this Agreement.
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32) Political Prohibition
Subject to applicable State and Federal laws, moneys paid pursuant to this agreement
shall not be used for political purposes, sponsoring or conducting candidate's
meetings, engaging in voter registration activity, nor for publicity or propaganda
purposes designed to support or defeat legislation pending before federal, state or
local government.
33) Religious Prohibition
There shall be no religious worship, instruction, or proselytization as part of, or in
connection with the performance of the agreement.
34) Conflict of Interest
The following protections against conflict of interest will be upheld:
a) Reiman certifies that no member of, or delegate to the Congress of the United
States shall be permitted to share or take part in this agreement or in any benefit
arising therefrom.
b) Reiman certifies that no member, officer, or employee of City or its designees or
agents, and no other public official of City who exercises any functions or
responsibilities with respect to the programs or projects covered by this agreement,
shall have any interest, direct or indirect in this agreement, or in its proceeds during
his/her tenure or for one year thereafter.
c) Reiman shall incorporate, or cause to be incorporated, in all subagreements for
work to be performed under this agreement a provision prohibiting such interests
pursuant to the purposes of this section.
d) Reiman shall immediately notify City of any real or possible conflict of interest
between work performed for City and for other clients served by Reiman.
35) Assignment
Reiman shall not assign or otherwise transfer any rights, duties, obligations or interest
in this Agreement or arising hereunder to any person, persons, entity or entities
whatsoever without the prior written consent of City and any attempt to assign or
transfer without such prior written consent shall be void. Consent to any single
assignment or transfer shall not constitute consent to any further assignment or
transfer.
307846
36) Business Tax Certificate
Reiman shall obtain and provide proof of a valid City business tax certificate. Said
certificate must remain valid during the duration of this agreement.
37) Governing La
This agreement shall be governed by the laws of the State of California.
38) Notices
If either party shall desire or be required to give notice to the other, such notice shall
be given in writing, by prepaid U.S. certified or registered postage, addressed to
recipient as follows:
City:
Gregory A. Lowe Charles Vase
Captain of Police Oakland City Attorney's Office
Office of Inspector General One Frank H. Ogawa Plaza
Oakland Police Department Oakland, CA 94612
455 7th Street, 8th Floor cevose(cDoakIandcitVaftomeV.orq
Oakland, CA 94607 Phone: 510.238.2961
GLowe(cDoaklandnet.com
Phone: 510.637.0223
Fax: 510.465.3405
Reiman:
Kelli M. Evans, Esq.
Christy E. Lopez, Esq.
Reiman & Associates
1350 Connecticut Avenue NW Suite 304
Washington, DC 20036-1738
kevans(ci_)relmanlaw.com
clopez(a)relmanlaw.com
Phone: 202.728.1888
39) Entire Agreement of the Parties
This agreement supersedes any and all agreements, either oral or written, between
the parties with respect to the rendering of services by Reiman for City and contains
all of the representations, covenants and agreements between the parties with respect
to the rendering of those services. Each party to this agreement acknowledges that
no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not
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contained in this agreement, and that no other agreement, statement or promise not
contained in this agreement will be valid or binding, except that this agreement is
subordinate to and shall be read and interpreted in accord with the Settlement
Agreement in Allen, et al. v. City of Oakland, et al., U.S.D.C. Case No. COO-4599
TEH.
40) Modification
Any modification of this agreement will be effective only if it is in a writing signed by
the party to be charged.
41) Partial Invalidity
If any provision of this agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will continue in full force and
effect without being impaired or invalidated in any way.
42) Approval
If the terms of this agreement are acceptable to Contractor and City, then sign and
date below.
City of Oakland, Reiman & Associates
a municipal corporation
(Office of City Manager) Title:
(Date) (Date)
(Department Head) Business License Number
(Date)
Resolution Number
Approved as to form and legality:
(City Attorney's Office Signature)
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CITY OF OAKLAND
DECLARATION OF COMPLIANCE
Living Wage Ordinance
The Oakland Municipal Code Chapter XX provides that all employers (except
where specifically exempted) under contracts for the furnishing of services to or for the
City and that involve an expenditure equal to or greater than $25,000 and certain
recipients of City financial assistance that involve receipt of financial assistance equal to
or greater than $1 00,000 shall comply with all provisions of this Ordinance.
The contractor or city financial assistance recipient (CFAR) further agrees:
(a) To pay employees a wage no less than the minimum initial compensation
of $9.58 per hour with health benefits, as described in Section 3 C, or otherwise $11.02
per hour, and to provide for the annual increase pursuant to Section 3;
(b) To provide at least twelve compensated days off per year for sick leave,
vacation or personal necessity at the employee's request, and at least ten additional
days per year of uncompensated time off pursuant to Section 3;
(c) To inform employees making less than $12 per hour of their possible right
to the federal Earned Income Credit (E(C) and make available the forms required to
secure advance EIC payments from the employer pursuant to Section 5;
(d) To permit reasonable access to work sites for authorized City
representatives to review records documenting that subcontractors performing work
under this Agreement have been compensated in compliance with the terms of the
Living Wage Ordinance. On request, Relman will provide City with certification by
Relman's accountant that employees performing work under this agreement have been
compensated in compliance with the terms of the Living Wage Ordinance;
(e) Not to retaliate against any employee claiming non-compliance with the
provisions of this Ordinance and to comply with federal law prohibiting retaliation for
union organizing.
The undersigned authorized representative hereby obligates the proposer to the
above stated conditions under penalty of perjury.
Company Name Signature of Authorized
Representative
Address Phone Type or Print Name and Title
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307846
Date Bid Number Type of Service
FOR CITY USE ONLY
Determination: Bidder is Exempt _Not Exempt Date
Department Representative
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Schedule Q
INSURANCE REQUIREMENTS
PROFESSIONAL AND SPECIALIZED SERVICES AGREEMENTS
a. General Liability, Automobile, Worker's Compensation and Professional Liabilit
Contractor shall procure, prior to commencement of service, and keep in force
for the term of this contract, at Contractor's own cost and expense, the following
policies of insurance or certificates or binders as necessary to represent that
coverage as specified below is in place with companies doing business in
California and acceptable to the City. If requested, Contractor shall provide the
City with copies of all insurance policies. The insurance shall at a minimum
include:
i. Commercial General Liability insurance, including but not limited to, Bodily
Injury, Broad Form Property Damage, Contractual Liability and it
necessary, Products and Completed Operations or Owners and
Contractor Protective Liability. The policy shall contain a severability of
interest clause or cross liability clause or the equivalent thereof.
A. Coverage afforded on behalf of the City shall be primary insurance
and any other insurance available to the City under any other
policies shall be excess insurance (over the insurance required by
this Agreement).
B. Limits of liability shall include the following:
Bodily Injury - $1,000,000
Property Damage - $1,000,000
Or, Combined Single Limit (C.S.L) for Bodily Injury and Property
Damage -$2,000,000
C. If the policy is a "claim made" type policy, the following should be
included as endorsements:
1 The retroactive date shall be the effective date of this
Agreement or a prior date.
2) The extended reporting or discovery period shall not be less
than thirty-six (36) months.
ii. Automobile Liability insurance, including all owned, non-owned and hired
automobiles used by the Contractor or its agents in the performance of
this Agreement shall have the following minimum limits for Bodily Injury
and Property Damage - $1,000,000 Combined Single Limit.
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iii. Worker's Compensation insurance as required by the laws of the State of
California. Statutory coverage may include Employers Liability coverage
with limits not less than $1,000,000. The Contractor certifies that he/she is
aware of the provisions of section 3700 of the California Labor Code,
which requires every employer to provide Workers' Compensation
coverage, or to undertake self-insurance in accordance with the
provisions of that Code. The Contractor shall comply with the provisions
of section 3700 of the California Labor Code before commencing
performance of the work under this Agreement and thereafter as required
by that code.
iv. Professional Liability/errors and omissions insurance in the amount of
$ 2,000,000.00.
b. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following
conditions:
I . Additional Insured: Contractor shall name the City of Oakland, its
Councilmembers, directors, officers, agents and employees as additional
insureds in its Comprehensive Commercial General Liability and
Automobile Liability policies. If Contractor submits the ACORD Insurance
Certificate, the additional insured endorsement must be set forth on a
CG20 10 11 85 form (or more recent) and/or CA 20 48 -Designated
Insured Form (for business auto insurance). A STATEMENT OF
ADDITIONAL INSURED ENDORSEMENT ON THE ACORD
INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE
REJECTED AS PROOF OF THE ADDITIONAL INSURED
REQUIREMENT.
ii. Cancellation Notice: 30-day prior written notice of cancellation,
termination or material change in coverage; and
iii. Certificate holder is to be the same person and address as indicated in
the "Notices" section of this Agreement; and
iv. Insurer shall carry a Best Rating of B+ or greater.
C. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement,
the City may, at the City's option, take out and maintain at the expense of
Contractor, such insurance in the name of Contractor as is required pursuant to
this Agreement, and may deduct the cost of taking out and maintaining such
insurance from any sums which may be found or become due to Contractor
under this Agreement.
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d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to
herein shall have the meaning given such terms by the City of Oakland, Risk
Management Division as of the date of this Agreement.
e. Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work
prior to execution of the contract, including copies of Contractor's insurance
policies if and when requested. Failure to provide the insurance proof requested
or failure to do so in a timely manner shall constitute ground for rescission of the
contract award.
f. Subcontractors
Contractor shall include ail subcontractors as insureds under its policies or shall
maintain separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all the requirements stated
herein. The City reserves the right to perform an insurance audit during the
course of the project to verify compliance with requirements.
9. Deductibles and Self-Insured Retentions
Any deductible or self-insured retentions must be declared to and approved by
the City. At the option of the City, either: the insurer shall reduce or eliminate
such deductible or self-insured retentions as respects the City, its
Councilmembers, directors, officers, agents, employees and volunteers; or the
Contractor shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
013
01WCOUNCIL
18 JUL I 5 2003
307846
EXHIBIT A
SCOPE OF SERVICES
The following Scope of Services sets forth the Independent Monitoring Team's
(hereinafter "IMT") duties pursuant to the Professional Services Agreement (PSA) with
the City of Oakland (hereinafter "City") and its duties pursuant to the Settlement
Agreement. These duties will be performed by the Relman & Associates IMT, which is
comprised of Rachel M. Burgess, Charles Gruber, Kelli M. Evans, Esq., and Christy E.
Lopez, Esq.
The Primary Monitor shall be Kelli M. Evans. In the event of Ms. Evans'
absence, Christy E. Lopez shall be the point-of-contact.
The IMT shall monitor whether all elements of the Settlement Agreement are
being developed and implemented in an effective and sustainable manner in accordance
with the provisions and schedules contained within the Settlement Agreement.
In the event the Monitor reports that the duties and the responsibilities of the
Monitor, as specified in this Agreement, cannot be carried out because of lack of
cooperation, failure to provide appropriate data and documents otherwise called for in
this Agreement, lack of timely response or other forms of unwarranted delays from OPD
or the City, the Court may impose such remedies as it deems just and necessary.
In accordance with the provisions of the Settlement Agreement, the IMT will
assign particular members of the IMT to the various areas covered by the Settlement
Agreement.
The IMT will work with the City's and the Department's designees to coordinate
visits, on-site records review, and interviews. While the IMT will conduct some
unannounced monitoring activities, it intends primarily to conduct regularly scheduled
monitoring visits in order to minimize disruption of OPD activities. The IMT will
establish regular office hours on-site in Oakland in space provided by the City and the
n *1
Item tr _5
ORATC-o-uncil
July 15,2003
Department. In addition to being available during the regular office hours, IMT members
will be accessible to stakeholders, including the City, Department, the Oakland Police
Officers' Association, other relevant bargaining units, the community, and the plaintiffs'
counsel by telephone and e-mail. Both on-site and off-site monitoring activities shall be
prioritized as detailed in "Attachment A." In order to ensure OPD's compliance with the
provisions of the Settlement Agreement, the IMT will use a two-tiered monitoring
process to report on the Department's implementation and compliance with the
Settlement Agreement. Prior to beginning the auditing process, Relman & Associates will
develop the audit criteria, with input from the City and the Plaintiff s Attorneys. Once the
audit criteria are developed and approved, first, the fMT will determine whether the
Department has created the policies, plans, and procedures required by the Settlement
Agreement. Next, it will assess whether the required policies, plans, and procedures are
being implemented in accordance with the Settlement Agreement. As part of the
assessment, the FMT shall conduct original audits, reviews and evaluations of the areas
covered in the Settlement Agreement, including the following:
a OPD policies and procedures related to implementation of the Settlement
Agreement, to ensure that the policies and procedures are consistent with both the
purposes of the Settlement Agreement and, as reasonably practicable, the best
practices in law enforcement.
0 Completed and pending internal affairs proceedings and files except
investigator[s] notes while the investigation is open.
0 Policies and procedures used by OPI) for Internal Affairs misconduct
investigations, including a review of an appropriate sample of closed IA cases;
assess and evaluate the quality and timeliness of the investigations; recommend
reopening of investigations that the IMT determines to be incomplete; recommend
additional measures that should be taken with respect to future investigations in
2
order to satisfy the Settlement Agreement; and review and evaluate disciplinary
actions or other interventions taken as a result of misconduct investigations.
0 Quality and timeliness, from appropriate samples, of OPD use of force
incident reports and use of force (K-4) investigations; review and evaluation of
actions of OPD's Use of Force (K-4) Board and Firearms-Discharge Board of
Review (K-3); and review and evaluation of disciplinary actions or other
interventions taken as a result of use of force investigations or K-3 and K-4 Board
reviews. I
0 Implementation of provisions of the Settlement Agreement related to OPD
training, including changes to the FTO program.
* OPD's development and implementation of a Personnel Information
Management System (PIMS) as required by the Settlement Agreement, including
any supervisory action taken in response to analyses from such a system.
• City/OPD's Performance Appraisal System
• Compliance with provisions in the Settlement Agreement relating to
command, management, and supervisory duties.
0 Other reviews as deemed relevant, such as sampling cases developed from the
directives targeting specific geographiz aTe-as, to ensure that OPD enforcement
activities fully comply with all applicable Department procedures and federal and
state law.
When appropriate, the reviews and evaluations shall include, at a minimum,
annual audits of stratified random samples.
The rMT shall also conduct secondary audits of all audits required of OPD in
Section XIV B 1. - 6. of the Settlement Agreement. In performing its duties, the IMT will
use a methodology generally accepted in this field and consistent with best practices, with
3
some refinements reflecting the particular circumstances of the City and Department. All
original and secondary audits, reviews, and evaluations shall be performed consistent
with best practices in auditing.
The IMT and/or sub-consultants/contractors shall develop specific methodology
for verifying compliance with the Settlement Agreement. Guided by the language of the
Settlement Agreement, the IMT and/or sub-consultants/contractors shall develop a
written list of criteria, procedures, frequency, and methodology to measure compliance
with the various provisions of the Settlement Agreement and, where appropriate,
determine with specific provisions, what measurement constitutes substantial compliance.
The methodology shall include information regarding ho samples sizes to be used in
compliance evaluations are determined, the types of conclusions the sampling permits,
and the mechanisms for documenting qualitative reviews. The use of such criteria,
procedures, frequency, and methodology should be unbiased and ensure fairness and
consistency.
It is contemplated that the monitoring criteria, procedures and methodology will
be developed in stages, with each stage consisting of a group of Settlement Agreement
tasks determined by the IMT. In determining the stages, the IMT shall give priority to
Settlement Agreement tasks in accordance with their implementation timelines. The
monitoring criteria, procedures, frequency, and methodology for those tasks or parts of
tasks that are subject to or contingent upon future events, such as development of
Personnel Information Management System (PIMS) protocols or the meet and confer
process, shall not be developed until such future events occur, and those tasks shall not be
included among the first stage. After the first stage of tasks has been determined, the
4
IMT shall prepare a draft document describing the proposed criteria, procedures,
frequency, and methodology for those Settlement Agreement tasks. The City and the
Plaintiff s attorneys shall be provided drafts of the proposed monitoring criteria.
procedures, frequency, and methodology in the first stage; the review period for the first
stage shall be 30 business days and the review period for the second and subsequent
drafts, if needed, shall be 20 business days. The goal of such review is to achieve
consensus on the monitoring criteria, procedures, frequency, and methodology. If the
City, Plaintiff's attorneys, and the IMT are unable to reach consensus, the IMT shall
make the final determination, however the City and Plaintiff s attorneys do not waive
their right to seek redress from the Court.
The fMT shall provide the City and Plaintiff's attorneys with a preliminary
schedule for developing the monitoring criteria, procedures, frequency, and methodology
for the first stage tasks for review and comment within 20 business days of the effective
date of this Professional Services Agreement. The schedule shall provide that the final
monitoring criteria, procedures, frequency, and methodology shall be completed within
195 business days of the effective date of this Professional Services Agreement. The
EMT shall determine the schedule for developing the monitoring criteria, procedures,
frequency, and methodology for all subsequent stages. Such schedule shall be provided
to the City and Plaintiff's attorneys with reasonable time for review.
As the monitoring efforts progress and additional information is obtained, the
IMT may determine that the criteria, procedures, frequency, and methodology needs to be
modified. The IMT shall provide the City and Plaintiff's attorneys drafts of any proposed
modifications to the monitoring criteria, procedures, frequency, and methodology with
5
reasonable time for review. If the City, Plaintiff s attorneys, and the IMT are unable to
reach consensus, the fMT shall make the final determination, however the City and
Plaintiff's attorneys do not waive their right to seek redress from the Court.
The two-tiered monitoring process will require extensive on- and off-site
document review, on-site conversations with Department officials, direct observation in
training settings, and field verification in each Department Bureau and Patrol Division. In
addition, the IMT will provide irrimediate and direct feedback to Department officials
when appropriate. The IMT will provide Technical Assistance and will offer advice
regarding compliance with the Settlement Agreement in accordance with the Settlement
Agreement. Technical Assistance refers to activity by the IMT to assist OPD to improve
the adoption and/or implementation of particular policies, practices, and procedures. This
is distinguished from the routine audit, review, and assessment activity of the IMT where
the focus is on analyzing and reporting on OPD's compliance with the agreement.
Technical Assistance can take many forms, including advice, consultation, and referral to
useful sources of information.
The IMT will do no extra work under this agreement, including providing technical
assistance beyond the scope of the Settlement Agreement, without first receiving prior
written authorization aom OPD. Should OPD request technical assistance on matters that
are beyond the scope of the Settlement Agreement, Reiman will provide such assistance if
appropriate, but because such services are not included in the Scope of Services or Budget
for this agreement, Reiman will require a separate agreement setting forth the nature of the
services and the amount and manner in which the City will pay for such services.
The IMT will conduct monitoring/auditing activities in all of the areas covered by
the Settlement Agreement, including but not limited to the following areas:
6
USE OF FORCE
The IMT will use the agreed upon audit methodology to determine whether the
Department is in compliance with the use of force reporting requirements and whether
the reports are complete, accurate, and submitted in a timely manner. The IMT will
review all use of force reports regarding firearms discharges and will review a
statistically valid sample of non-firearms use of force reports. The stratified random
samples will include reports from a sample from BFO, and reports from a sample of all
shifts and Police Service Areas, Special Operations Division and other Bureaus in the
Department. In the event the EMT observes a pattern of incomplete, untimely, or
otherwise insufficient reports from a particular shift or district, the IMT.will conduct a
more extensive analysis of the reports fi-om the relevant shift or district.
In addition to reviewing the reports for quality and timeliness, the IMT will
review the reports to determine whether officers are implementing the Department's use
of force policies and training directives appropriately.
In addition to the review discussed above, in order to determine whether
Department officers are completing use of force reports for all investigated/reportable
uses of force, the [MT will attempt to match other use of force indicators, such as
misconduct complaints regarding uses of force and reports of injuries to arrestees, to
determine whether a use of force report should have been generated.
The INIT will also analyze policies and procedures used by the Department for
Internal Affairs misconduct investigations, including a review of an appropriate sample
of closed IA cases; assess and evaluate the quality and timeliness of the investigations;
recommend reopening of investigations that the IMT determines to be incomplete;
recommend additional measures that should be taken with respect to future investigations
7
in order to satisfy the Settlement Agreement; and review and evaluate disciplinary actions
or-other interventions taken as a result of misconduct investigations.
If the IMT detennines that any use of force investigation or internal (IAD or
Division-level) investigation/report which has been adjudicated or otherwise disposed or
completed, is inadequate under the Settlement Agreement, the IMT shall confer with the
Chief of Police, IAD Commander and the Inspector General, and provide a confidential
written evaluation to the Department and the Court. Such evaluation shall be for the
purpose of assisting the Chief of Police in conducting future investigations, and shall not
obligate the Department to reopen or re-adjudicate any investigation.
In the event that the IMT identifies missing, incomplete, or untimely use of force
reports, the IMT will notify the parties and, upon request provide technical assistance to
achieve compliance.
INTERNA,L INVESTIGATIONS
The IMT will monitor investigations of officer-involved shootings and other
critical incidents. The LMT will review the Department's policies and procedures
pertaining to Internal Affairs and Division Level Investigations and will review a
stratified random sample of investigations to evaluate their quality and timeliness. If the
INIT observes a pattern of incomplete, untimely, or otherwise insufficient investigations
from a particular unit, the IMT will conduct a more extensive analysis of investigations
from that entity. The IMT will also notify the Department and may, upon request,
provide technical assistance to achieve compliance. Technical assistance may include
case study workshops with investigators.
The IMT will analyze all Depar-tment investigations of allegations of Class I
violations (including excessive force and false arrest) to assess their quality and
8
timeliness. The IMT will also review completed and pending internal affairs proceedings
and files except investigator[s] notes while the investigation is open.
In addition to assessing the quality and timeliness of the investigations, the IMT
will evaluate the findings and conclusions reached in resolving complaints. The IMT will
determine whether the findings, conclusions, and dispositions are supported by the facts.
If the IMT observes a pattern of incomplete, untimely, or other-wise insufficient
misconduct investigations, the IMT will conduct a more extensive analysis of
investigations frorn that unit.
The IMT will use agreed-upon methodology to audit the Internal Affairs
Department's compliance with the Settlement Agreement provisions to strengthen
procedures for receiving citizen complaints. Audit areas will include, but not be limited
to, location of the LkD offices, establishment of a toll-firee complaint hotline,
dissemination and availability of information on filing a citizen's complaint, and
acceptance and processing of complaint forms, and Department members' responses to
citizens who contact the Department, either in person or by telephone, to lodge a
complaint against a Department employee.
PIMS
Upon request, the IMT will assist the Department in developing its PIMS. The
[MT wilt audit the accuracy and completeness of information in the PIMS and managers'
and supervisors' use of the PIMS in identifying and addressing at-risk behavior of
subordinates.
The IMT will analyze the Department's protocol for using the PIMS to assess
whether the Department has implemented adequate administrative and policy guidelines
to ensure that the information entered into the PIMS is accurate and complete.
9
As the PIMS is developed and ready for testing, the IMT will participate in the
testing to assess the usability of the system and whether it complies with the
technological requirements and substantive goals of the Settlement Agreement. If the
IMT notes deficiencies, it may, upon request, provide technical assistance to aid in
compliance.
DISCIPLINE SYSTEM
The IMT will monitor new and revised policies and other changes and refinements
to the Department's disciplinary system through the monitoring activities. The IMT will
analyze revisions to the Department's current policy to determine whether the new
system provides fair, adequate, and timely discipline and non-disciplinary actions. The
IMT will also assess whether the system tracks all disciplinary and non-disciplinary
actions centrally and effectively. The IMT's assessment of the disciplinary system will
include a review of the Department 's training of officers and supervisors responsible for
implementing the system. The IMT's review will also include an analysis of the
disciplinary actions taken in those cases wherein misconduct is proven to assess the
appropriateness and consistency of disciplinary action. The IMT will review all
disciplinary cases arising out of Class I violations, and a stratified random sampling of
Class 11 violations to determine whether any new or revised policies are being
implemented appropriately.
REPORTS
At a minimum, the fMT shall promptly inform the Department, in writing, of
areas needing improvement and deficiencies rioted in audits and reviews conducted under
the Settlement Agreement in sufficient detail to enable the Department to initiate
corrective action. The underlying data and analysis on which such audits and reviews are
based shall be provided to the Department upon request.
1 0
During the first two (2) years of this Professional Services Agreement, the IMT
shall issue quarterly reports to the parties and to the Court. Thereafter, the [MT shall
issue semi-annual reports to the parties and the Court. At any time during the pendency
of the Settlement Agreement, however, the rMT may issue reports more frequently if the
[MT determines it appropriate to do so. These reports shall not include information
specifically identifying any individual member/employee. At least ten days (excluding
weekends and federal or state holidays) before issuing a report, the IMT shall provide to
the parties a draft for review to determine if any factual errors have been made, and shall
consider the parties' responses; the IMT shall then promptly issue the report. All efforts
to make these reports available to the general public shall be made, including posting on
the Department's web site, unless the Court orders that the reports or any portions of the
reports should remain confidential. In addition, public disclosure of the reports and any
inforination contained therein shall comply with the Public Safety Officers' Procedural
Bill of Rights.
During the first two years of the project, at least one of the IMT members will be
available in Oakland on a nearly full-time basis. At all other times, rMT members will be
accessible by telephone, e-mail, and facsimile.
During the first year of the Settlement Agreement, the IMT shall conduct monthly
meetings that shall include representatives of the Department, the City Attorney's Office,
the City Manager's Office, the Oakland Police Officers' Association, other relevant
bargaining units, and plaintiffs' counsel. The purpose of these meetings would be to
facilitate the monitoring process and communicate on the City's progress, difficulties
encountered during the monitoring activities, and other matters of interest or concern.
The IMT shall prepare, and send to all meeting participants, meeting agendas and
summary meeting notes documenting issues discussed and agreed upon assignments for
1 1
the upcoming monthly meeting. These meetings may be continued beyond the first year
ati.he request of the parties to the Settlement Agreement.
The [MT shall also convene meetings with representatives of the Police
Department, City Attorney's Office, City Manager's Office, the Oakland Police Officers'
Association, other relevant bargaining units, and plaintiffs' counsel to provide a forum
for the discussion and comment of the INIT's reports before the reports are issued to the
Court.
The INIT anticipates spending a minimum of 447 days (ex: 2 persons x I day @ 2
days) on this project during the first year. During the second and subsequent years, the
IMT estimates that it will spend at least 312 days on this project. In total, over a five-
year period, the IMT estimates that, not including any subcontractors, will spend at least
1695 days on this project.
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EXHIBIT B
COSTS
The Independent Monitoring Team IMT's (hereinafter referred to as IMT) actual
costs for this project will be $3,576,898.82, and the [MT will cap its overall budget,
assuming a five-year project, at this amount. ' The [MT agrees to cap
for five years at this amount. If the actual costs are less, the City will be billed for the
lesser amount. Control mechanisms, such as making specific IMT members
responsible for discreet tasks, will be put in place to ensure that the IMT's work is of high
quality while preventing unnecessary duplication of effort. Other costs will be minimized
because the offices of Kelli Evans and Christy Lopez are already set up to provide the
necessary infrastructure and administrative support to the IMT.
The IMT's cost proposal includes professional services; travel;
communication/production costs; subcontracting fees; overhead/indirect costs; and one
time/fixed costs. The cost proposal also includes a projected rate of inflation of 3% per
year.
1. Professional Services
Each member of the IMT has a daily rate of $1500 for both on- and off- site
monitoring activities. While conducting on-site monitoring activities, the daily fee will not
exceed $1500, even if the IMT member works more than eight hours per day. If an IMT
member spends less than eight hours on review activities, the fee will be pro-rated, with
each hour equaling one-eighth of a day. For off-site monitoring activities, IMT members
will pro-rate partial days spent on monitoring activities, with each hour equaling one-
eighth of a day.2
The fees for professional services for IMT members for the first year of this
project are estimated not to exceed $670,500.00. The fees for I MT members for the life
of the project are estimated not to exceed $2,628,437.44. If the IMT's professional fees
total less than this amount, the [MT will bill the City for the lesser amount.
I In the event that it is not possible to achieve and maintain substantial compliance
within five years, the monitoring cost of each additional year will remain the same as the
cost for years two through five, including an inflationary rate of 3%.
2 For example, if an IMT member spent four hours conducting off-site document
review, the fee for professional services would be $750. If the IMT member spent ten
hours in one day reviewing documents off-site, the fee for professional services would
be $1,675. While on-site, the cost per day will never exceed $1,500, and will be less if
the IMT member spends less than eight hou 1rs on-site. Item @@
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EXHIBIT B
COSTS
Table I lists the estimated professional fees for each year and for the total five-
year period, as well as the estimated number of days the IMT expects to spend on- and
off-site:
Table 1
Professional Fees by Year
Project Year Days On- Days Off- Total Days Professional
Site Site Fees
Year 1 295 152 447 $670,500.00
Years 2-5 152 160 312 $468,000.00
Entire Five 903 792 1695 $2,628,437.44
Year Project
IL Sub-Consultant/Contractor Costs
The IMT anticipates it will retain the services of sub-consultants and sub-
contractors to assist in developing databases and scientifically valid review
methodologies to assist in monitoring OPD. The IMT anticipates that
subcontracting/consulting costs for the life of the project will not exceed $351,017.62.
Table 2 lists the estimated subcontracting and sub-consulting costs for the first year and
for the total five-year period:
Table 2
Sub-Consultant/Contractor Costs by Year
Project Year Sub-Consultant/
Contractor
Costs
Year 1 $100,000.00
Years 2-5 $60,000.00
Entire Five $351,017.62
Year Project
111. Travel Costs
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Travel costs include airfare, per diem/meals, lodging, and car rental/leasing. To
estimate @nfiationary impact, the travel costs for years three through five have been
increased by i 0%. Per diem/meals and lodging are estimated at the federal government
rate for Oakland, CA, under the assumption that the IMT will be eligible for city
government rates for lodging and that such rates are comparable to the federal rate. If
this is not the case, the lodging cost will have to be adjusted by mutual agreement of the
parties. The IMT will rent or lease a car while on-site (whichever is more cost effective),
at an estimated cost of $600 per month.
Travel costs for the first year of this project are estimated to be $72,915.00. The
travel costs for the life of the project will not exceed $258,266.41. The IMT will make all
reasonable efforts to minimize travel costs, including utilizing discounted airfares when
practicable. If the IMT's actual costs and/or fees total less than this amount, the IMT will
bill the City for the lesser amount. Table 3 lists the estimated travel costs for each year
and for the total five-year period, alongside the estimated number of visits and number
of days on-site the IMT has committed:
Table 3
Travel Costs by Year
Project Year of on- # of days Travel Costs
site visits on-site
Year 1 41 295 $72,915.00
Years 2-5 32 152 $44,304.00
Entire Five 169 903 $258,266.41
Year Project
IV. Communication/Production Costs
Communication/Production costs include telephone, postage (express and
regular), facsimile transmission, photocopying, report presentation costs, and similar
items. Communications costs for the first year of this project are estimated not to
exceed $4,000.00, and communications costs for the life of the project are estimated not
to exceed $18,642.69. Table 4 lists communications costs for each year and for the
entire five-year project:
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COSTS
Table 4
Communications Costs by Year
Project Year Communications
Costs
Year 1 $4,000.00
Years 2-5 $3,500.00
Entire Five $18,642.69
Year Project
V. Overhead/indirect Costs by Year
The [MT's budget includes a cost estimate of 10% of professional fees, travel
costs, and communications costs, as overhead/indirect costs. These costs are assigned
to intangible and indirect costs, including, proposal development; depreciable office
equipment; office space; insurance; etc. Table 5 lists the overhead/indirect costs for
each year and for the entire five-year project:
Table 5
Overhead/Indirect Costs by Year
Project Year Overhead/Indirec
t
Costs
Year 1 $74,741.50
Years 2-5 $51,580.40
Entire Five $290,534.65
Year Project
VI. One time/Fixed costs
IMT members will be on-site substantially more during the first year of the agreement
than during subsequent years. This is because, typically, it is during the first year of
monitoring that parties need the most guidance regarding the requirements of the
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COSTS
settlement agreement and how to most effectively and efficiently comply with it. In
addition, typically many settlement agreement requirements are relatively quickly met
during the first year and thereafter require only the monitoring necessary to ensure that
compliance is maintained. On-site technical assistance for those areas will therefore be
decreased after the first year. These one-time costs of increased monitoring are
captured by the additional costs for on-site professional fees and related travel, and are
not listed separately. In addition, as noted above, there will be one-time additional costs
for subcontractors, as initial databases, review protocols, and sampling mechanisms are
created. These costs are captured in the increased amount for subcontractors reflected
in year one of the I MT's cost proposal. Finally, there will be miscellaneous one time
costs ranging from the creation of an invoicing system compatible with the City's
requirements to drafting and negotiating subcontracts to the purchase of software and
technical support to enable the receipt, transfer, and reading of electronic files from OPID
One time/fixed costs are estimated not to exceed $30,000. If actual expenditures on
one time/fixed costs total less than this amount, the City will be billed for the lesser
amount.
VII. Summary of Total Costs and Time Commitment
As noted above, the IMT anticipates spending 903 days on-site and 792 off-site
during the five-year life of the project, for an estimated minimum of 1695 days devoted
to assisting OPD in coming into compliance with the Settlement Agreement. As detailed
above, the total costs for the entire five-year project will not exceed $3,576,898.82.
If any cost and/or fee is less than the estimate provided in this proposal, the IMT
will bill for the lesser amount.
Table 6
Cost Estimate by Year
Project Year Cost Estimate
Year One $952,156.50
Year Two $627,384.40
Year Three $646,205.93
Year Four $665,592.11
Year Five $685,559.87
Entire Five $3,576,898.82
Year Project 1
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COSTS
As noted above, the cost estimate in Table 6 includes professional services;
travel; subconsultant/contractor services; communications costs; and overhead/indirect
costs, detailed above. The cost estimates by year for years 2-5 include a 3% annual rate
of inflation.
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6 @IUL 1 5 2003
305653