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Resolution 2023-050 N.C.S. 04/17/2023
DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Resolution No. 2023-050 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTEGRASSURE FOR INDEPENDENT POLICE AUDITOR SERVICES WHEREAS,following the May 25,2020,murder of George Floyd in Minneapolis,community race relations, public safety and city government DEI policies and programs, including police use of force and other policies, have become a focus in communities across the country; and WHEREAS, to address requests from community members and start these conversations locally, the City hosted a community engagement and listening forum followed by community-led listening sessions; and WHEREAS, the City retained a professional facilitator, Tracey E. Webb of Tracey Elizabeth Webb Associates, and established an Ad Hoc Community Advisory Committee (AHCAC) to discuss race relations in Petaluma and make recommendations to the City Council to help unify the community and identify and pursue opportunities for meaningful, positive change and advancement of inclusion in Petaluma City government and throughout the community; and WHEREAS,the AHCAC consisted of representatives from various groups, including many representing our black, indigenous, and people of color(BIPOC) communities; and WHEREAS,the 28-member AHCAC began meeting in April 2021 and met monthly through October 2021; and WHEREAS, over six sessions, the AHCAC identified issues and brainstormed ideas to make Petaluma a more inclusive and welcoming community; and, WHEREAS, on December 13, 2021, the City Council reviewed and prioritized the AHCAC's recommendations and identified for staff specific items to analyze for budgetary, legal, and policy implications and to return to the Council with recommendations for consideration and City Council direction; and WHEREAS, on April 4, 2022, the City Council provided direction for implementation of the City Council's priorities in response to the recommendations of the AHCAC; and WHEREAS, on May 2, 2022, the City Council provided direction on top 10 Goals and Priorities which included the "Implementation of Hybrid Police Oversight Model and Citywide Diversity, Equity and Inclusion Efforts;" and WHEREAS, the City Council has directed staff to prepare for City Council approval a hybrid model for civilian police oversight which includes the following three components: 1. Development of an RFP and execution of a Professional Services Agreement(PSA)with a professionally- trained and reputable Independent Police Auditor(IPA). 2. Design and implementation of a review-model- based Public Safety Advisory Group made up of community members to address police community relations and to work collaboratively with the IPA, City Manager, and Chief of Police. Resolution No. 2023-050 N.C.S. Page 1 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 3. Development of a Strategic Plan to resource and pursue accreditation by the Commission on Accreditation of Law Enforcement Agencies (CALEA) for the Petaluma Police Department; and WHEREAS, the first project milestone related to civilian police oversight was development and issuance of an independent police auditor request for proposal (RFP) to be completed in Quarter 1 (July 1 to September 30) of FY 2023; and WHEREAS, on September 19, 2022, City staff released an RFP inviting IPA services proposals; and WHEREAS, the RFP required that respondents submit scopes of work including the following tasks: 1. Intake and review of community complaints and internal affairs investigations 2. Review of Department policies, procedures, and training 3. Assessment of the work of the Professional Standards Division 4. Community outreach and Public Safety Advisory Group (PSAG) engagement; and WHEREAS, staff received and evaluated proposals, and the most qualified firms were interviewed; and WHEREAS, multiple rounds of interviews were conducted by two different panels, one of which included both City staff and citizen stakeholders; and WHEREAS, the two interview panels agreed that the most qualified applicant was IntegrAssure; and WHEREAS,the City's IPA is intended to work collaboratively with the Public Safety Advisory Group when it is developed and seated; and WHEREAS,once established,the Public Safety Advisory Group will,among other duties,receive and review the semi-annual IPA report and provide feedback and recommendations prior to the report being presented to City Council; and WHEREAS, City staff have provided pertinent materials concerning the City Council's direction regarding civilian police oversight in Petaluma to representatives of Unit 6, the bargaining unit that represents the City's sworn police officers other than command staff, and such materials concerned the proposed PSAG and proposed IPA services agreement,Unit 6 members submitted questions concerning the proposed IPA agreement and PSAG, and the City provided detailed responses, and on April 5, 2023, City representatives met with representatives of the Petaluma Peace Officers Association(PPOA)to discuss the proposed IPA scope of work,the Unit 6 questions that had been submitted and the City's responses,discuss any further Unit 6 questions,and negotiate over potential impacts the PPOA identified regarding the proposed IPA services agreement and PSAG, in accordance with the City's obligations under the Meyers Milias Brown Act(MMBA); and WHEREAS, City staff believe that all the Unit 6 questions regarding the IPA agreement have been answered and that any applicable impact bargaining obligations under the MMBA have been satisfied; Unit 6 representatives have not identified any changes to Unit 6 members' terms and conditions of employment resulting from the proposed IPA agreement and PSAG; and thus have identified no mandatory subjects of decision bargaining concerning the IPA agreement; and WHEREAS, following the meeting between City and Unit 6 representatives to discuss Unit 6 questions concerning the IPA agreement and PSAG, City staff arranged a meeting with City staff,Unit 6 leadership and the Resolution No. 2023-050 N.C.S. Page 2 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 IntegrAssure IPA leadership team to discuss the proposed IPA agreement, the IPA's role and obligations, and commitment to and resources for providing training and making policy recommendations regarding Petaluma Police Department policy improvements in support of effective and transparent community policing in Petaluma for the benefit of the Petaluma Police Department and all community members; and WHEREAS, the proposed action of awarding a professional services agreement for independent police auditor(IPA) services is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that authorizing the City Manager to execute a professional services agreement with IntegrAssure for IPA services does not meet CEQA's definition of a "project,"because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows: 1. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 2. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that authorizing the City Manager to execute a professional services agreement with IntegrAssure for independent police auditor services does not meet CEQA's definition of a"project,"because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. 3. The City Manager is authorized and directed to execute a professional services agreement with IntegrAssure for independent police auditor professional services substantially in accordance Exhibits A (Request for Proposals), B (IntegrAssure Proposal), and C (Professional Service Agreement)to this resolution. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 17'day of April 2023, Docusigned firm: by the following vote: City Attorney AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nau,Pocekay, Shribbs NOES: None ABSENT: None ABSTAIN: None DocuSigned by: IIDocuSigne�d"by: ATTEST: Ulln, City er Mayor Resolution No. 2023-050 N.C.S. Page 3 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals Independent Police Auditor O H 1 Q 1 4 _ 185 $ The City of Petaluma 11 English Street Petaluma, California 94952 Telephone: (707) 778-4345 Cityofpetaluma.org Proposal Release Date: September 19, 2022 Proposal Due Date: October 27, 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Table of Contents L Notice Inviting Proposals for an Independent Police Auditor...........................................3 H. Request for Proposals for an Independent Police Auditor................................................4 A. Scope of Services................................................................................................................4 B. Questions/Clarifications.....................................................................................................4 C. Submittal of Proposals.......................................................................................................4 D. City's Review of Proposals.................................................................................................4 ReviewCriteria.............................................................................................................................4 E. Award of Agreement..........................................................................................................5 III. Scope of Service..............................................................................................................6 BACKGROUND...........................................................................................................................6 Establishment of Ad Hoc Community Advisory Committee and Recommendations.............................................6 Overview of the Police Department(PD).............................................................................................................7 PROJECT DESCRIPTION ..........................................................................................................9 SCOPEOF WORK.......................................................................................................................9 1. Community Complaints and Internal Affairs Investigations..................................................................10 2. Review of Department Policies,Procedures, and Training.....................................................................12 3. Assess the work of the Professional Standards Division..........................................................................12 4. Community Outreach and Public Safety Advisory Group(PSAG)Engagement...................................12 IV. Instructions for Submittal.............................................................................................13 1. TIME AND PLACE OF DELIVERY OF PROPOSALS. ....................................................13 2. FORMAT OF ENVELOPE/SUBJECT LINE FOR PROPOSAL. .......................................13 3. FORMAT AND QUALITY OF PROPOSALS.....................................................................13 4. PROPOSER'S SIGNATURE...............................................................................................13 5. CONTENTS OF PROPOSAL..............................................................................................13 a. Scope of Services.......................................................................................................................................13 b. Billing Rates..............................................................................................................................................14 C. Statement of Qualifications. ....................................................................................................................14 d. Terms of Proposed Service Agreement. .................................................................................................16 6. CITY'S REVIEW OF PROPOSALS...................................................................................16 7. AWARD OF AGREEMENT. ..............................................................................................16 8. PROPOSALS ARE PUBLIC RECORDS. ...........................................................................17 Conflictof Interest......................................................................................................................17 Collusion.....................................................................................................................................18 V. SAMPLE SERVICE AGREEMENT.............................................................................19 Request for Proposal—Independent Police Auditor I Page 2 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 I. Notice Inviting Proposals for an Independent Police Auditor PUBLIC NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Petaluma("City") at the office of the City Clerk located at I I English Street, Room 4, Petaluma, California, 94952-2610, until 12:00 PM on Thursday, October 27th, for Independent Police Auditor. Proposals received after this date will be rejected by the City. Emailed proposals will be accepted as long as they are emailed to cityclerk@cityofpetaluma.org prior to 12:00 PM on Thursday, October 27th. The City is requesting proposals to provide professional consulting services as an Independent Police Auditor to the Police Department in accordance with the Scope of Services and Specification indicated herein. The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City. Interested proposers may download copies of the Request for Proposals ("RFP") by visiting the City's web site, https://cityofpetaluma.or /bg id-opportunities-2/. For more information regarding the RFP, please contact: Aaron Zavala, Senior Management Analyst azavalakcityofpetaluma.org (707) 778-4345 Request for Proposal Independent Police Auditor I Page 3 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 II. Request for Proposals for an Independent Police Auditor A. Scope of Services The City has prepared an outline of services. A description of the City's Project Objectives can be seen under III. Scope of Services. B. Questions/Clarifications If any proposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP,the proposer shall submit them to Senior Management Analyst, Aaron Zavala at azavala@cityofpetaluma.org by October 13, 2022 by 5pm. C. Submittal of Proposals The instructions for the submittal of proposals are set forth throughout this RFP. Generally, each proposal shall be submitted with a cover letter and four exhibits, including: (A) Scope of Services, (B)Billing Rates,(C)Statement of Qualifications, and(D)Terms of Service Agreement.Proposals shall be submitted in a sealed envelope clearly marked on the outside: "SEALED PROPOSAL FOR RFP - DO NOT OPEN WITH REGULAR MAIL" or by email with the subject line "Independent Police Auditor—Proposal for RFP." • Option 1: One (1) Original and two (2) Hard Copies and one (1) Soft Copy of Proposals including completed forms shall be submitted in a sealed envelope NO LATER THAN 12:00 p.m., October 27, 2022. Proposals shall be submitted in a sealed envelope clearly marked on the outside. • Option 2: Proposals may be submitted via email to cityclerk&cityofpetaluma.org in PDF form NO LATER THAN 12:00 p.m. on October 27, 2022. D. City's Review of Proposals All responsive proposals shall be reviewed and evaluated by the City in order to determine which proposer best meets the City's needs for this Project. The criteria by which the City shall evaluate proposals are set forth in this RFP. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. The City reserves the right to negotiate the terms of the Agreement for this Project with one or more proposers. Review Criteria The following criteria shall be used in evaluating proposals. • Professional experience and qualifications of the proposer. • Prior experience of the proposer as a police auditor/monitor. • Past performance verification of proposer as a police auditor/monitor. Request for Proposal Independent Police Auditor I Page 4 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 For more information, reference IV. Instructions for Submittal—6. City's Review of Proposals. E. Award of Agreement The City currently anticipates awarding an agreement for this Project by approximately December 2022. No proposal or agreement for this Project shall be binding upon the City until the Agreement is signed by the Consultant and the City. The schedule below is preliminary and subject to change. September 19, 2022 RFP Released October 13, 2022 Request for Clarifications Due October 27, 2022 Proposals Due November 10, 2022 Finalists identified Late November 2022 Finalists' interviews if needed Late December 2022 Contract Awarded Tentative Selection Schedule: The City will review all proposals and make a decision by late December 2022. Contract Awarded in late December 2022 Request for Proposal Independent Police Auditor I Page 5 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 III. Scope of Service BACKGROUND The City of Petaluma was incorporated in 1858. Petaluma is in southern Sonoma County and is approximately 38 miles north of San Francisco along the U.S 101 corridor. Petaluma is the second largest city in Sonoma County,with a population of nearly 61,000 in 2017 and is projected to reach 62,700 in 2022. The median household income is $79,129 and a median age of 41.3. The median home sales price is $667,750, which is above the county-wide median price of $576,000. In Petaluma, 89.1% of adult residents possess at least a high school diploma: 37.4% possess at least a bachelor's degree, and 13.2%possess advanced degrees. Between 2010 and 2017, the population grew 7.1%, ranking Petaluma the second highest growth of incorporated cities in Sonoma County. Petaluma is expected to grow 3.2%by 2022. Establishment of Ad Hoc Community Advisory Committee and Recommendations Following the May 25, 2020, murder of George Floyd in Minneapolis, community race relations, public safety and city government DEI policies and programs, including police use of force and other policies, have become a focus in communities across the country. Communities have called for an examination and reform of institutional policies that contribute to the disparities between the life experiences of whites and people of color and other traditionally excluded groups living in America. To address requests from community members and start these conversations locally, the City hosted a community engagement and listening forum followed by community-led listening sessions. The City then hired a professional facilitator, Tracey E. Webb of Tracey Elizabeth Webb Associates, and established an Ad Hoc Community Advisory Committee (AHCAC) to discuss race relations in Petaluma and make recommendations to the City Council to help unify the community and identify and pursue opportunities for meaningful, positive change and advancement of inclusion in Petaluma City government and throughout the community. The AHCAC consisted of representatives from various groups, including many representing our black, indigenous, and people of color (BIPOC) communities. The 28-member group began meeting in April 2021 and met monthly through October. Over six sessions,the AHCAC identified issues and brainstormed ideas to make Petaluma a more inclusive and welcoming community. In total, the Committee made 31 recommendations addressing four categories: • Police and the Community • Diversity in Schools • Multicultural Center/Restorative Justice • Diversity in City Hiring and Appointments Request for Proposal Independent Police Auditor I Page 6 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 On December 13, 2021, Petaluma City Council reviewed and prioritized the AHCAC's recommendations to give staff specific items to analyze for budgetary, legal, and policy implications and to bring back to Council for consideration. These included: • Study current staff capacity to support existing City Commissions, Committees, and Boards in consideration of establishing a DEI Commission • Hire DEI consultant(s) and/or establish an Office of Diversity and Equity • Information on options for civilian police oversight On April 4, 2022, the Council provided direction for Implementation of the City Council's Priorities in Response to the Recommendations of the AHCAC. On May 2,2022 Council provided direction on top 10 Goals and Priorities which included the "Implementation of Hybrid Police Oversight Model and Citywide Diversity, Equity and Inclusion Efforts." The first project milestone related to Police Oversight was to Develop and Issue Independent Police Auditor(IPA) Request for Proposal (RFP)to be completed in Quarter 1 (July 1 to September 30) of FY 2023. Overview of the Police Department (PD) The Department's mission is"working with our community to provide professional police services since 1858." The Department is responsible for safeguarding lives and property, emergency incident management, and enhancing public safety. Protective services include 9-1-1 response, traffic and patrol enforcement, crime investigation and prevention, hostage negotiations, K9 unit, and Special Weapons and Tactics (SWAT) operations. The Communications Center averages over 56,000 Calls for Service per year. Finally, the Department has formed a Mobile Crisis Response Team designed specifically to provide an enhanced level of service to individuals experiencing a mental health crisis. The City was the first in the county to implement a mobile crisis intervention program-- Specialized Assistance for Everyone(SAFE)--to respond and assist people in crisis. This program aids the PD in responding to a variety of calls for service that require specialized crisis intervention involving issues associated with mental health, substance abuse, and homelessness - bringing professionals trained in these areas to offer help in place of, or in addition to, police officers. The Department, utilizing an intelligence-led policing model, aims to prevent and reduce crime, increase community safety, and build public trust and legitimacy. The Department is committed to strengthening our relationship with the community through transparent communications, outreach, and problem solving. As a public safety organization, the Department has identified four service priorities that guide the organization daily as they provide service to the community: • Reduce Crime • Increase Traffic Safety • Improve Quality of Life • Community Engagement Request for Proposal Independent Police Auditor I Page 7 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 In early 2022,the Department developed a new three-year strategic plan to be the roadmap to move from where the agency is today to where the agency and community want to be in the future. Through collaboration and partnership,both internal and external,the Department strives to further five strategic departmental goals: 1. Organizational Wellness & Professional Development 2. Crime and Collision Reduction 3. Active Partnerships 4. Safe Spaces 5. Transparent Accountability While Petaluma is a safe community, the city has been impacted by crime trends that are significantly affecting the region. In particular, auto burglary has been a considerable regional issue as it is deemed a low-risk/high-reward crime. Despite a steady increase of property crimes (burglary, larceny, auto theft, and arson) since 2013, Petaluma experienced an overall -8% reduction in 2018,mostly attributed to focused strategies and dedicated efforts by various policing teams. Violent crime (homicide, rape, aggravated assault and robbery) has increased over the last several years as well. Related to violent crime, we respond to a high volume of domestic related disturbances and aggravated assaults involving our unsheltered community. Homelessness, mental health, substance abuse, property crimes and traffic safety issues dominate our calls for service. In order to provide emergency patrol response to the City,Petaluma is divided into four geographic beats that are served and dispatch from one centralized police station. Total calls for service in 2021 were 55,639, down slightly from our recent yearly average of 60,000 calls for service. The Department's Administration consists of the Chief of Police, the Deputy Chief, four Lieutenants, one Civilian Technical Services Manager, one Administrative Assistant, and one Management Analyst. The Chief of Police directly supervises the Deputy Chief and the Administrative Assistant. Many administrative duties and personnel functions are managed by the Administrative Assistant. The Deputy Chief's duties include Petaluma Policing, Public Relations, Employee Wellness and Safety, Policy and Oversight, Professional Standards, Risk Management, and Budget/Grants. The Deputy Chief also directly supervises the Management Analyst, four(4) Lieutenants, and the Civilian Technical Services Manager. The Management Analyst manages the police grants, the budget, public bids, agreements, contracts, federal acquisition programs, development of the strategic plan, data analysis, and other projects as needed by the Deputy Chief. Quarterly staff meetings and Department promotional events are managed by Administration. The Chief and Deputy Chief have authority over the Department's three divisions. The PD Administration oversees the three divisions: • Field Services Division: (Patrol, Field Training Program, Community Services Officer, School Resource Officers, Bike Patrol, Explorer Program, Traffic, K-9, Investigations, Community Impact Response Team(GIRT),Criminal Intelligence,Crisis Response Team, Code Enforcement • Professional Standards Division: (Equipment, Training, HR, Organization Wellness, Safety Committee, IPA, Recruitment/Hiring, Accreditation) Request for Proposal Independent Police Auditor I Page 8 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 • Technical Services Division: (Emergency Communications, Records, Training, Facilities- Jail, Information Technology, Community Engagement) Currently the Department is funded for seventy (70) sworn personnel. Forty-six (46) of these positions are assigned to patrol operations. There are two (2) Patrol Lieutenants, six (6) Sergeants and thirty-eight (38) officers assigned to patrol operations. In addition, the Investigations Team has one(1) Sergeant and six(6) detectives. The Traffic Team also has one(1) Sergeant and six(6) officers, made up of four (4) motorcycle officers and two (2) DUI enforcement officers. cars) assigned to it. A new Community Impact Response Team(GIRT)has been recently formed as part of the Field Services Division and at full deployment will include one (1) Sergeant and four (4) officers. The Department has thirty-six (36) professional staff. Two (2) of these positions are in Administration, thirteen (13) are dispatchers, five (5) are in Support Services, five (5) are in Records, one (1) is in Investigations, and five (5) are assigned to the Traffic Team. PROJECT DESCRIPTION The Petaluma City Council has directed staff to adopt a hybrid model for civilian police oversight to include the following components: 1. Develop an RFP and execute a Professional Services Agreement (PSA) with a professionally trained and reputable Independent Police Auditor(IPA). 2. Design and implement a review model Public Safety Advisory Group made up of community members to address police community relations and work collaboratively with the IPA, City Manager, and Chief of Police. 3. Develop a Strategic Plan to resource and pursue accreditation by the Commission on Accreditation of Law Enforcement Agencies (CALEA). The City of Petaluma is seeking proposals from qualified persons or entities interested in providing professional consulting services as an Independent Police Auditor identified in item number one above. The IPA will work collaboratively with the Public Safety Advisory Group when it is developed and seated. The Public Safety Advisory Group will receive and review the twice annual IPA report and provide feedback and recommendations prior to the reports being presented to City Council. The contract shall be done in line with generally accepted standards and benchmarks for safety used by comparable police departments in comparable communities and based on standards and "best practices" for modern day police services currently in practice in the United States. The recommendations provided by the successful Proposer will allow the City to improve and enhance the overall safety, security, and satisfaction of Petaluma community members. SCOPE OF WORK The following scope of work is intended to cover the range of tasks the Independent Police Auditor (IPA) may address over the course of the contract with the understanding that the amount of time spent on any one task may vary over time. Request for Proposal Independent Police Auditor I Page 9 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 The IPA is a contract position that provides oversight on a quarterly basis, including providing quarterly reports to the City Manager. Specifically, the IPA will carry out the following tasks: 1. Community Complaints and Internal Affairs Investigations Intake — The IPA may receive citizen complaints directly. The IPA will forward a summary of the complaint and contact information for the complainant directly to the department's Professional Standards Division through the Office of the Chief of Police. If the department receives the complaint directly or initiates an internal investigation,they will notify the IPA within (3) working days with the nature of the allegation(s). The Department and the IPA will review each citizen complaint/internal investigation to determine whether a criminal component exits and proceed accordingly. Investigative Plan —As needed, the IPA will discuss the investigative plan with the Department and arrange for a mutually convenient way to update IPA on the progress of the investigation. Review — The IPA will review each citizen complaint and internal affairs investigation to determine thoroughness, activity and appropriateness of disposition within (10) working days. Follow-up — After reviewing the completed investigations, the IPA will confer with the Department to evaluate results and discuss any suggestions for additional follow-up. Disposition — When all aspects of the investigation are complete, the IPA will confer with the Chief of Police to resolve any issues about the process, disposition or the recommendations outlined in the investigation. Disposition shall be defined as "Sustained", "Not Sustained", "Unfounded"or"Exonerated". Status and Tracking — The IPA will track each case through its conclusion to ensure that each investigation is completed in a timely manner. Semi-Annual Reporting—Twice a year,the IPA will produce a written report to the City Manager and City Council. The report will contain a statistical breakdown of the number of complaints/investigations and any developing trends. The report will also contain the initial allegation(s), the findings and the number and type of recommendations made to the Chief of Police. The report will not contain any specific information that would identify the involved officers either internally or externally. IPA/City Meetings—The IPA will formally meet with the City Council,City Manager,and Police Chief twice a year to provide the report and discuss any trends. The following is a more detailed description of the above said services: a. Review Police Department(PD) misconduct complaints. • Review notice, investigation, recommendations for discipline, and final notices of discipline for all complaints assigned to the Professional Standards Division (PSD). Request for Proposal Independent Police Auditor I Page 10 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 • Receive complaints directly and refer them to the PD PSD for investigation. • Receive real time updates on investigations for monitoring and reporting purposes. • Have full, unrestricted, access to all information, evidence, and all other material, in, prepared for, and relevant to, complaint investigation files, that the IPA deems necessary or helpful in the performance of their duties, including any analysis, proposed findings, and any proposed discipline. • Provide evaluations as to whether an investigation is complete,thorough, and objective; an explanation if more investigation or a change in finding is recommended. • Document any recommendations on policy, procedures, or training growing out of a complaint investigation. b. Audit PD Misconduct Complaint Discipline Process • With access to the PD PSD complaint database, regularly assess issues such as nature of complaints, how complaints are classified, and whether investigation timelines are met. • With access to PD PSD complaint database personnel and discipline records, assess the discipline system for fairness and appropriate levels of discipline. • Identify and report trends and patterns regarding Department training and education as well as monitor and review the Department's use of the Early Warning System(s) for use of force, complaints, collisions, and pursuits. • Identify and report trends and patterns with respect to arrests and citations, to include race/ethnicity of arrestees and offenders. • Monitor training and/or policy issues that arise during the investigations of complaints; and • Identify and report trends and patterns regarding use of force and Department sworn employee-involved shootings. c. Receive Notice of Death, Serious Injury, or Other Critical Incidents • The Police Department (PD) will notify IPA of critical incidents as soon as possible, and no later than _24 hours_ after the incident. IPA shall be given full access to observe interviews or any other aspects of the incident investigation. Critical incidents include: officer involved shootings, regardless of whether a person was hit by gunfire; a traffic collision involving police officers that result in death or serious bodily injury to another person; a use of force resulting in death or serious bodily injury to another person, or; all deaths while an arrestee/detainee is in the custodial care of the Department. • The IPA will review the Department's investigation, analysis or report of such occurrences for thoroughness, objectivity and appropriateness of disposition. The IPA will make any recommendations on the investigation and findings. The IPA may also make recommendations to the Police Chief regarding training and policy modifications. The IPA will include a brief summary of each such occurrence in their semi-annual report including the findings and any recommendations. d. Conduct Independent Investigations Upon Request • In cases where the IPA deems an investigation insufficient or the PD does not open an investigation, or IPA recommendations for additional investigation are not heeded, after written notification to and concurrence from the City Manager and City Attorney, the IPA may conduct an additional, independent investigation. The IPA will have full,unrestricted, access to all information, evidence, and all other material, in,prepared for, and relevant to, Request for Proposal Independent Police Auditor I Page 11 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 incident files that the IPA deems necessary or helpful in the performance an additional, independent investigation . 2. Review of Department Policies, Procedures, and Training a. Audit PD Policies, Procedures, and Training • The IPA should prioritize and audit PD policies, procedures, or training related to these topics or other matters that may be identified and take precedence for auditing purposes. This may include body camera usage by officers and review by supervisors, Professional Standards, etc. • In addition to the audits conducted by the Commission on Peace Officer Standards and Training (POST), the IPA will audit completed background investigations of PD personnel and background investigative processes to ensure compliance with existing state law and best practices to ensure that candidates for a peace officer position be of good moral character. b. Recommend Changes/Improvements to Policies, Procedures, and Training • Systematically review PD existing policies and procedures and evaluate new or changed PD policies. • Systematically review PD training related to Professional Standards. • Make written recommendations for improvements or changes to PD policies, procedures or training regarding any matter, with recommendations to the Police Chief and shared publicly. 3. Assess the work of the Professional Standards Division • Provide an annual written report to the City Manager on the effectiveness of the PSD. 4. Community Outreach and Public Safety Advisory Group (PSAG)Engagement In addition to the independent police auditor, the City of Petaluma is in the process of forming a Public Safety Advisory Group made up of community members to serve in a review and community engagement role with police community relations. a. Reports and Communications • The IPA will work collaboratively with city staff, the Public Safety Advisory Group, and community members to address police/community relations,policies, and practices. • The IPA will provide the PSAG members with the annual reports and audits prepared for the City Council. b. Community Input • The IPA will review, solicit, and consider community feedback when reviewing/auditing police policies and practices and making recommendations. Request for Proposal Independent Police Auditor I Page 12 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 IV. Instructions for Submittal 1. TIME AND PLACE OF DELIVERY OF PROPOSALS. It is the Proposer's responsibility alone to ensure that the proposal is received by the City's Authorized Representative at the time and place identified on pages 3 and 4 of this Request for Proposals ("RFP"). 2. FORMAT OF ENVELOPE/SUBJECT LINE FOR PROPOSAL. The Proposer shall submit the proposal in a sealed envelope clearly marked on the outside: "SEALED PROPOSAL FOR RFP INDEPENDENT POLICE AUDITOR -- DO NOT OPEN WITH REGULAR MAIL," or as a PDF attachment via email with the subject line "Independent Police Auditor—Proposal for RFP." 3. FORMAT AND QUALITY OF PROPOSALS. All proposals shall be prepared in a clear and concise manner. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP. 4. PROPOSER'S SIGNATURE. An authorized representative of the Proposer shall sign the proposal on a cover letter which: (1) identifies this project by name and number; and (2) identifies the full legal name of the Proposer, along with name of contact person, address, phone number, fax number, and e-mail address; and (3)indicates Proposer's willingness to comply with the procedures identified in this RFP,including an incorporation by reference of the four exhibits identified below. 5. CONTENTS OF PROPOSAL. The Proposer shall include in its proposal, at a minimum, the information outlined in this Section 5 in a manner which demonstrates the Proposer's competence and qualifications for the satisfactory performance of the services identified in this RFP. The Proposer shall attach four separate exhibits to the cover letter proposal, including: (A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and(D) Terms of Service Agreement. a. Scope of Services. The City has set forth on III. Scope of Services, attached hereto and incorporated herein by reference, an outline of services which the City anticipates the successful proposer to perform. The outline of services set forth on III. Scope of Services is presented for the primary purpose of allowing the City to compare proposals. The precise scope of services to be incorporated into the Service Agreement will be based upon III. Scope of Services as Request for Proposal Independent Police Auditor I Page 13 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 well as Proposal Exhibit"A"to be prepared by Proposer as a part of the proposal(described below), and may be the subject of negotiations between the City and the successful proposer. i. Based upon the City's outline of services set forth on III. Scope of Services, the Proposer shall prepare a complete description of the scope of services (to be labeled: Proposal Exhibit "A") which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services in Proposal Exhibit"A"which differ from the outline of services in III. Scope of Services if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City's stated Project Objectives. ii. The Proposer's scope of services shall include,at a minimum,a description of the major components of services (or phases of service), a description of work product (or "deliverables") to be provided by Proposer to the City, and the expected time of completion for each component. b. Billing Rates. The Proposer shall prepare a schedule of billing rates (to be labeled: Proposal Exhibit`B") which identifies: i. A proposed rate and method of payment for all services to be performed by the Proposer, including hourly rates, and a description of any reimbursable charges. ii. A total proposed"Not to Exceed" cost for the performance of all services described in the scope of services, Proposal Exhibit"A." iii. An estimated cost breakdown for each major component of service, with a cross- reference to each component of service identified in Proposal Exhibit "A." iv. BUDGET Proposer shall also include a proposed fee schedule for the services it will provide under this assignment. The proposal shall be based on a not-to-exceed, fixed cost for performance of all services described in proposer's scope of work, and that City reserves the right to solicit a best and final offer from those proposers identified to be within the competitive range. Estimates of personnel-hours with associated fees shall be tied to each component of the services to be provided. The fixed-fee proposal must include sufficient details for the City to determine the fee of any particular component of the services requested and how that fee was developed. c. Statement of Qualifications. The Proposer shall prepare a statement of qualifications (to be labeled: Proposal Exhibit "C")which identifies: Request for Proposal Independent Police Auditor I Page 14 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 QUALIFICATIONS/EXPERTISE The executive consultant will be a seasoned leader with extensive understanding of law enforcement practices and studies to specifically include the Intelligence-led Policing Model and best practices in 21 st Century Policing. This shall include expertise in workload-based methodology, with an emphasis on analysis of officer activity, productivity and trends of activity levels and conditions. Expertise as a police auditor/monitor is required for organizational structure. The consultant will provide expertise in data-driven methods to perform complex workload calculations and modeling. i. Proposer's organization (1) total number of years in operation as a police auditor/monitor or similar work (2) total current number of employees, (3) number of office locations (including the location of each office), (4) number of employees in the office location which is intended to provide the services described in III. Scope of Services. ii. Proposer's Experience with California Agencies Provide a list of all California Law Enforcement Agencies where your organization provides or has provided auditor/monitor services. (1) Information provided shall include: (a) Agency Name (b) Agency Service Description (c) Contract start and end dates iii. Proposer's employees An identification of the Proposer's experience performing services for projects of a similar size, scope, and complexity as the services required by this REP, including an identification of: (1) Position with the Company (2) Length of time with the Company (3) License, registrations, and certifications as required by law to perform the Scope of Services described herein (4) Educational background (5) Role in the project (6) Experience with the minimum requirements stated herein (7) Work history on similar or like projects with other municipalities iv. Proposer's References: Provide at least five(5)references with other municipalities that received similar scope of services from your firm for a minimum of a three-year term. The City of Petaluma reserves the right to contact any of the organizations or individuals listed.All references provided must be current references. (1) Information provided shall include: (2) Agency Name (3) Agency Service Description (4) Contract start and end dates Request for Proposal Independent Police Auditor I Page 15 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 d. Terms of Proposed Service Agreement. The Proposer shall prepare a document identifying the terms of the proposed Service Agreement between the City and Proposer(to be labeled:Proposal Exhibit"D"),including: i. Specifically identify any portions of the City's standard form Service Agreement (attached to this RFP)which the Proposer desires to amend(either by addition,deletion, or modification). ii. Disclose any past, ongoing, or potential conflicts of interest which the Consultant may have as a result of performing the work for this Project. iii. Identify Proposer's ability to comply with the City's insurance requirements. A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be favorably considered. 6. CITY'S REVIEW OF PROPOSALS. After the proposals are received and opened by the City, the City shall review and evaluate all proposals for responsiveness to the Request for Proposals in order to determine whether the Proposer possesses the qualifications necessary for the satisfactory performance of the services required. The City may also investigate qualifications of all Proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from one or more Proposers. In reviewing the proposals, the City may consider the following: a. The qualifications (including education, training, licenses, experience, and past performance) of the Proposer and its agents, employees, and subconsultants as police auditor/monitors. The City may consider Proposer's timely and accurate completion of similar projects within budget. b. The feasibility of the proposal based upon the methodology of the proposed scope of services, and the reasonableness of the schedule of billing rates. c. Proposer's understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP. d. Proposer's proposed language for the Professional Services Agreement. 7. AWARD OF AGREEMENT. Upon completion of the review period, the City shall notify those Proposers who will be considered for further evaluation and negotiation. All Proposers so notified shall make presentations and negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer's failure to respond to direction from the City may lead to a rejection of the Proposal. Request for Proposal Independent Police Auditor I Page 16 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 a. If the City determines, after further evaluation and negotiation, to award the Agreement, a Service Agreement shall be sent to the successful Proposer for the Proposer's signature.No proposal shall be binding upon the City until after the Agreement is signed by duly authorized representatives of both Consultant and the City. b. The City reserves the right to reject any or all proposals, and to waive any irregularity. The award of the Agreement,if made by the City,will be based upon a total review and analysis of each proposal and projected costs. S. PROPOSALS ARE PUBLIC RECORDS. Each proposer is hereby informed that,upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City. a. Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. However, after the City either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code Sections 6250, et seq.), unless there is a legal exception to public disclosure. b. If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal "Confidential"; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the proposal. Conflict of Interest (Signed copy must be submitted with proposal) Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid,vendors affirm that they have not given,nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor's proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City's selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest. Request for Proposal Independent Police Auditor I Page 17 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Collusion This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Petaluma. All terms and conditions of this Request for Proposal have been thoroughly examined and are understood. NAME OF BIDDER AUTHORIZED REPRESENTATIVE SIGNATURE TITLE ADDRESS Request for Proposal Independent Police Auditor I Page 18 of 19 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 V.SAMPLE SERVICE AGREEMENT PROFESSIONAL SERVICES AGREEMENT (Title of Project) FY Fund# Cost Center Object Code Project# Amount$ For multi-year contracts or contracts with multiple accounts: FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city("City") and , a ("Contractor") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Contractor shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). Except as otherwise expressly provided in this Agreement, this Agreement does not authorize the Contractor to perform any services in addition to those specified in Exhibit A. The City has no obligation to award any additional Services to the Contractor. Any additional Services awarded to the Contractor pursuant to this Agreement will be in the sole discretion of authorized representatives of the City and shall be added to Exhibit A in accordance with Section 25, Amendment, of this Agreement. 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Contractor in accordance with the rates specified in Exhibit A. B. Contractor shall submit detailed monthly invoices reflecting all services performed during the preceding month and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Contractor shall be compensated for services in addition to those described in Exhibit A, only if Contractor and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed$ without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. 1 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 Request for Proposal - Independent Police Auditor I Page 19 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 D. Notwithstanding any provision herein, Contractor shall not be paid any compensation until such time as Contractor has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. E. City's obligation to pay compensation to Contractor as provided herein is contingent upon Contractor's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on ,unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Contractor and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible,but not later than fourteen(14)days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor or Contractor's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Contractor shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Contractor shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Contractor shall be liable to City for any excess cost City incurs for completion of the Services. 5. Contractor's Representation; Independent Contractor. Contractor represents that Contractor possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Contractor shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Contractor and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Contractor no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Contractor shall, at Contractor's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Contractor shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 2 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 9. Inspection. Contractor shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Contractor of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request,Contractor shall provide,in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses,progress and conclusions related to Contractor's performance of the Services. 11. Confidentiality. In the course of Contractor's employment, Contractor may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Contractor shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. A. Contractor represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Contractor further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Contractor represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Contractor will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Contractors are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Contractors subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Contractor agrees to comply fully with all such requirements to the extent they apply to Contractor's performance of the Services. B. Certain contractors, in addition to being subject to the City's Conflict of Interest Code, may be subject to other conflict of interest prohibitions, including those in the Political Reform Act, Government Code Section 81000 and following, and Section 1090 and following of the Government Code. The Political Reform Act prohibits public officials, employees and certain contractors from participating in making governmental decisions that the official, employee or consultant knows or has reason to know will result in a material financial effect on their economic interests. Government Code Section 1090 and following prohibits government officials, employees, and certain contractors from participating in making government contracts in which the official, employee or contractor has a financial interest. As a result of the financial interest City contractors have in their City contracts, the Section 1090 prohibition regarding City contractors focuses on whether a contractor is or would be "making a government contract"in a quasi-governmental capacity for purposes of Section 1090. Section 1090 prohibits City contractors from using their role as a contractor to influence how the 3 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 City spends the public's funds in a way that benefits the contractor. As a result, Section 1090 may in certain circumstances prohibit the Contractor from responding to solicitations for, or being awarded, subsequent contracts that result from or relate to the Services performed pursuant to this Agreement. . Penalties for violating Section 1090 are severe, and may include felony criminal penalties,permanent disqualification from holding public office in California, disgorgement of any benefit received by the financially interested contractor, civil and administrative penalties, and voiding of the prohibited contract. 13. Contractor No Agent. Except as the City may otherwise expressly specify in writing, the Contractor shall have no authority, express or implied, to act or transact on behalf of City in any capacity whatsoever, including advising or representing the City concerning City public contracts as an agent of the City. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Contractor shall perform all the Services in a manner consistent with the standards of Contractor's profession. All instruments of service of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Contractor's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply,to the full extent applicable,with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Contractor shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder,including but not limited to,the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Contractor's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Contractor shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit , which is attached to and made a part of this Agreement. 4 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Contractor shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Contractor shall promptly provide to the City documents and information verifying Contractor's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit , shall be a part of this Agreement for all purposes, and Contractors that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit in accordance with the requirements of the Living Wage Ordinance. Contractor's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color,national origin, ancestry,gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing,and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or(b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petaluma.ca.us And: 5 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Phone: Fax: Email: Contractor: Phone: Fax: Email: 22. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Contractor without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. Notwithstanding this provision or any other provision in this Agreement to the contrary, the City and the Contractor shall each own all right, title and interest in and to any intellectual property authored by or on behalf of the City or the Contractor related to the Services. The City shall have an irrevocable, royalty-free, world-wide, fully-paid-up, non-exclusive license to use and authorize others to use any intellectual property of the Contractor included in the work products produced as part of the performance of the Services pursuant to this Agreement. 23. Indemnification. A. With respect to commercial general liability, to the maximum extent permitted by law, Contractor shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs(including,without limitation,claims expenses,attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened,arising out of or in connection with the Contractor's performance of the Services or Contractor's failure to comply with any of the terms of this Agreement,regardless of any fault or alleged fault of the Indemnitees. B. With respect to professional liability, notwithstanding the foregoing or any other provision in this Agreement, to the maximum extent permitted by law, Contractor shall indemnify defend and hold harmless the Indemnitees from Liability arising out of or in connection with the negligence, recklessness, or willful misconduct of Contractor. C. The Contractor must respond within 30 calendar days to any tender of defense and indemnity by the City unless the time for responding has been extended by an authorized representative of the City in writing. If the Contractor fails to accept tender of defense and indemnity within 30 calendar days regarding a matter subject to tender pursuant to this Agreement, in addition any other remedies authorized by law, so much of the money due or 6 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 that may become due the Contractor under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Contractor accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Contractor prior to Contractor's acceptance of tender, where such matter is subject to tender pursuant to this Agreement, Contractor agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. D. Notwithstanding the foregoing, to the extent this Agreement is a"construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Contractor's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. E. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Contractor's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors" in Exhibit B, attached hereto and incorporated herein by reference. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Contractor's services hereunder, Contractor,upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 28. Governing Law;Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 29. Non-Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Contractor's Books and Records. A. Contractor shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three(3)years or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director,or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise,unless an alternative is mutually agreed upon,the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor in interest. 34. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 35. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to 8 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONTRACTOR By City Manager Name ATTEST: Title City Clerk Address APPROVED AS TO FORM: City State Zip City Attorney Taxpayer I.D.Number Petaluma Business Tax Certificate Number 9 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES May 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 � nteg,S0NA�ssu � �Nry • CALIFONMIR LIFE OPENS UP Request for Proposals for Independent Police Auditor Submittal Date: October 27, 2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 " IntegrAssure Jeffrcutiveey Officer er President and Chief Executive Officer 561 425 7860 1 jeff.schlanger@integrassure.com October 26, 2022 City of Petaluma Aaron Zavala, Senior Management Analyst Office of the City Clerk 11 English Street, Room 4 Petaluma, CA 94952-2610 Re: Request for Proposals for an Independent Police Auditor Dear Mr. Zavala: IntegrAssure,LLC. ("IntegrAssure") is pleased to present this response to the City of Petaluma's Request for Proposal for an Independent Police Auditor. IntegrAssure brings a team approach to this assignment with a core group of oversight experts and a deep bench of additional policing expertise. The IntegrAssure Team is uniquely qualified to assist the City in its laudable quest to establish an Independent Police Auditor to enhance and facilitate trust between the community and the Petaluma Police Department. It is through endeavors such as this that City of Petaluma demonstrates its commitment to continuous improvement of the City's police departments,thereby building public trust,promoting officer well-being, mitigating potential harm to the community, and enhancing public safety. The IntegrAssure Team's unique qualification comes from the marrying of practical operational law enforcement expertise from around the country with extensive experience in providing police oversight. Our experts are nationally recognized and have a proven track record of imagining,developing, implementing,and overseeing best and promising practices and have extensive experience with California law enforcement agencies. It is the utilization and synthesis of this combined experience led by Mr. Schlanger that sets the IntegrAssure Team apart from the competition. Simply put, the IntegrAssure Team brings unparalleled expertise and experience that would best meet the needs of Petaluma for this project. The submission consists of a cover, cover letter, and four exhibits: Exhibit A- Scope of Services; Exhibit B- Billing Rates; Exhibit C- Statement of Qualifications; Exhibit D- Terms of Service Agreement; and a signed certification stating that IntegrAssure has neither directly nor indirectly entered into an agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this proposal. By submitting this proposal in response to the RFP, we affirm that we have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuitiy, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. IntegrAssure, LLC. 2660 South Ocean Blvd. Palm Beach,FL.33480 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 �, JjlntegrAssure The IntegrAssure Team is available to start this assignment immediately, fully committed to completing this assignment in the most professional, expedient, and timely manner possible, and complying with the procedures identified in this RFP. We look forward to the opportunity to support you on this vital work. DESIGNATED CONTACT: Name: Jeff Schlanger, President and CEO Address: 2660 South Ocean Blvd, Suite 303 N, Palm Beach, FL 33480 Phone number: (561) 425-7860 Email address:jef£schlan_eerrkintegrassure.com Fax number: N/A If you have any questions or need any additional information, please do not hesitate to contact me at jeff.schlangergintegrassure.com or by telephone at (561) 425-7860. Sincerely, Jeffrey Schlanger President and CEO IntegrAssure, LLC. 2660 South Ocean Blvd. Palm Beach, FL.33480 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor EXHIBIT A- SCOPE OF SERVICES Mr. Schlanger and the IntegrAssure team are ready to hit the ground running with respect to the implementation of the IPA. During the entire length of the engagement, as Project Lead, Mr. Schlanger will be accessible to City and Department personnel, 24 hours a day and 7 days a week. PROGRAM START-UP Starting up a program such as the IPA, as the City has thoughtfully envisioned it, takes insightful planning and a process that is designed for efficiency and success. Mr. Schlanger and his team have extensive experience in the implementation and management of similar initiatives in both the public and private sectors. This experience will be extremely helpful in providing the blueprint for efficient and effective implementation of IPA for the City and in setting the right tone and preventing missteps so as to achieve the desired outcomes within the shortest time period. Critical to the start-up process is a series of first-week post-award meetings with the appropriate Petaluma Police Department (PPD), City and Community stakeholders. These meetings would serve as both orientation and goal setting and would provide the team with a fulsome appreciation of any current challenges facing the PPD. During these meetings we would spend a significant portion of time with the PPD leadership and staff, specifically with Professional Standards Division (PSD),to gain an understanding of the current state of the quality and timeliness of administrative investigations,as well as any particular challenges they face. We would come to understand the current workflow including supervisory review and any additional quality assurance processes. We would review all pertinent documentation including the most recent policies, procedures, and training materials in order to fully appreciate the current practices. Protocols for the IPA to interface with the Professional Standards Division, including transfer of investigative files along with related documents for review, would be developed and refined during this first week. In addition, we would want to fully understand the current workflow for other important PPD processes including citizen complaints, existing protocols for response to and review of critical incidents including officer-involved shootings, and the workflow of the disciplinary system. We would also be meeting with those responsible for policy formulation and training in order to understand the current state and plans for future revisions. Perhaps most importantly, during the first week of this engagement, Mr. Schlanger and team members will meet with senior PPD staff, including supervisors and staff with the goal of promoting the best possible working relationship. Nothing is more important to the success of the program than a good working relationship. This is especially true when oversight is involved. Those being overseen are sometimes understandably defensive and being able to overcome these reactions will, at least partially, determine the success of the IPA. In the best case, members of the PPD will recognize and respect the role in which the IPA will be functioning, and will welcome the program for what it is meant to be and achieve: the best police department that Petaluma residents can have. 1 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor While the first week's meetings are always crucial to the success of a project, on-going dialogue and interaction with the parties, and refinement of protocols and processes are likewise extremely important. As such, we would expect that there would be frequent interaction between the IPA team and PPD personnel throughout the life of the assignment. Additional initial steps beyond the first week meetings would be focused on drilling down in a number of different areas so as to enable each of the tasks delineated in the scope of work to be performed in the best possible fashion. CITIZEN COMPLAINTS AND INTERNAL INVESTIGATIONS REVIEW The IPA may receive citizen complaints directly and will forward a summary of the complaint and contact information for the complainant directly to the department's Professional Standards Division (PSD) through the Office of the Chief of Police. The IPA team, with PPD, will review all civilian complaints and determine whether a criminal investigation should be conducted whenever a complaint involves allegations of excessive force, violation of civil rights, or other potential criminal conduct. In conducting this review, we will work with the Department to obtain all relevant evidence, including all body-worn camera recordings and mandated forms for the incident, and interviews of civilian witness or complainants. If a review's findings indicate misconduct, we will establish a protocol to ensure that appropriate treatment within the disciplinary system is followed. We will also discuss with the Department the role of mediation in this process as it can be an effective tool for better understanding of each other's perspectives. RECEIPT OF CASES The IPA team will work with PPD's PSD to prepare and design a documented process to ensure that the IPA is notified of all complaints, including the classification and assigned investigator in an accurate and timely manner. Such notifications must occur within three days of PPD's receipt of a complaint or initiation of an internal misconduct investigation and will include the nature of the allegation along with all pertinent details. Upon notification, the IPA and the PPD will review each citizen complaint/internal misconduct investigation to determine whether a criminal component exists and proceed accordingly. The IPA team will be available to conduct this review in a timely manner and be flexible to accommodate the Department's availability. INVESTIGATIONS REVIEW With respect to investigations, the IPA team will be discussing with PSD staff the methodology that will be employed in conducting reviews of their investigations. We will be discussing workflow and how we will assess the quality and timeliness of each investigation including that we would be reviewing to make certain that all appropriate witnesses to an event were interviewed,that all available evidence, including available body-worn camera video,was obtained and considered,and that an appropriate adjudication of the allegation was made by applying the appropriate evidentiary standard to all available evidence. This process will help foster a culture of continuous improvement in the Department through the identification of potential ancillary issues relative to tactics and conduct of officers, which may not reach the level of 2 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor substantiated misconduct'. We will also be reviewing supervisory oversight in each incident to determine whether the supervision was adequate and appropriate. Additionally, the IPA team will regularly assess the PPD's PSD's complaint database to evaluate the complaint classification based on the nature of the complaints and evaluate whether investigation timelines are being met and other related compliance issues. As needed, the IPA will discuss the investigative plan with the Department and arrange for a mutually convenient way to update IPA on the progress of the investigation. This discussion will include the ideal timeline for an investigation to conclude based on best practices. The IPA will discuss with the Department the best stages of the investigation to update the IPA based on best practices to allow the IPA to provide timely technical assistance along the way. These check-ins will be to receive real-time updates on investigations for monitoring and reporting purposes. The IPA will review each citizen complaint and internal affairs investigation to determine thoroughness, activity, and appropriateness of disposition with ten working days of completion. After reviewing the completed investigations, the IPA will confer with the Department to evaluate results and discuss any suggestions for additional follow-up. Once all aspects of the investigation are complete,the IPA will confer with the Chief of Police to resolve any issues related to the process, disposition, or the recommendations outlined in the investigation. The IPA will track each case through its conclusion to ensure that each investigation is completed in a timely manner. The evaluations of each investigation, once completed,will be to ensure its thoroughness,completeness, and whether it was conducted in an objective manner. Notably, these qualitative components are the same points that the IPA team would've discussed and defined with PSD staff at the onset of the investigation. The IPA will provide explanation if it finds that additional investigation steps are needed, or recommends a change in the findings. Finally, the IPA will document any recommendations on policy, procedure, or training growing out of a complaint investigation. The IPA team will be receptive in understanding the staff's view of any shortcomings in the process. We anticipate that we would be working with PSD throughout our tenure,and after our initial meetings would be discussing, on an on-going basis, any changes to the process which would result in process improvement. In preparation for the written evaluation,when there is a question over the final conclusion, including the appropriate level of discipline,the IPA team will confer among themselves and with the PSD staff to make sure differing perspectives are considered. In any instance in which we believe there are additional investigative steps that should be taken or disagree with findings and/or discipline,we will make that fact known. To the extent that any further investigation is required, we will make such recommendation to those working on the matter, and if necessary,to the Chief of Police. 'Please see additional discussion on the early intervention system under"Audit of Misconduct Complaint and Discipline Process" section. 3 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor Throughout this process,it is inevitable that certain trends will emerge regarding specific violations and/or uses of force.These trends will be identified and discussed with appropriate parties in a timely manner to provide prompt remediation as necessary.These findings will be incorporated into the semi-annual report as well. Most importantly, the IPA will work with the Department to have full, unrestricted access to all information, evidence, and other materials relevant to complaint investigation files. Such materials will include that which the IPA deems necessary or helpful in the performance of our duties, including any analysis, proposed findings,and any proposed discipline. The IPA will require access to the PSD complaint database to allow regular assessments of issues such as the nature of complaints, how complaints are classified, and whether investigation timelines are being met. THE AUDIT OF PPD MISCONDUCT COMPLAINT AND DISCIPLINE PROCESS Our IPA team will be assessing the disciplinary system to determine whether cases are being resolved fairly and with appropriate levels of discipline. The IPA will also regularly audit the complaint database to assess how complaints are classified and whether investigation timelines are being met. To this end, we will be discussing the system with relevant stakeholders, determining the manner in which levels of disciplinary measures and/or corrective actions are arrived at, and will report on any improvements to the process that we think would be appropriate. Moreover,we will be reviewing the disciplinary system to determine whether,with respect to any substantiated misconduct case, appropriate discipline is being utilized to both correct behavior and ultimately protect the City from potential liability. This will require the IPA to have access to the PPD PSD complaint database personnel and discipline records, to be able to evaluate the disciplinary process for fairness and appropriate levels of discipline. The IPA will identify and report trends and patterns regarding Department training and education. In addition,the IPA will monitor and review the Department's use of and Early Warning System for use of force, complaints, collisions, and pursuits. Beyond monitoring and reviewing the Department's use for these specified areas, the IntegrAssure team has significant expertise and background on best practices regarding early intervention systems. Many departments have early warning programs, sometimes referred to as early intervention programs, that allow departments to track officer conduct and identify patterns that indicate the potential for future misconduct. These programs allow departments to intervene and provide remedial instruction, counseling, or supervision to either address any actual misconduct or reduce its likelihood and are intended to be proactive efforts to stop misconduct before it occurs. Most programs are intended to be effective in identifying behaviors that truly indicate a likelihood of future misconduct while also being careful to not falsely flag an officer whose potential for misconduct is minimal. As such, most systems rely on behavioral metrics that clearly tend to indicate the need for intervention, such as civilian complaints of excessive use of force. Officers flagged by an early warning system therefore may be labeled negatively by their peers, which shifts the perception of the program toward being disciplinary in nature rather than remedial. This perception tends to contradict departmental messaging around these programs, which tries to characterize them as corrective rather than punitive. Nonetheless, officer wariness of early warning systems and the implications of being 4 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor flagged by one largely persists. Moreover, because these systems typically trigger interventions after the occurrence of multiple incidents, rather than being "early"the response may, in fact, be late. The IntegrAssure team has found that a better approach is the implementation of a true early warning system by providing and ensuring enhanced supervision through the review of critical incidents and random review of officer performance. This enhanced supervision permits front-line supervisors to review and monitor officer performance along multiple metrics, not just negative behaviors. The system would incorporate not just negative actions or behavior but also identifies situations in which officer wellness might be implicated. Similarly, it would identify incidents in which exemplary conduct was observed and allow for appropriate commendation and use of such situations in training. Under this approach, available interventions would include those that are intended to correct sub-standard tactics or behavior, commend exemplary conduct, and promote officer well-being. With respect to promoting officer well-being, in-house psychologists and mental health professionals could also be integrated into the early warning response process, allowing for the program to address not just actual field performance but also officer readiness. IntegrAssure will be happy to discuss these concepts and more with the City and the Department. Additionally,the IPA will identify and report trends and patterns with respect to arrests and citations, and include race/ethnicity of arrestees and offenders for a fulsome analysis. This review should aid in PPD's compliance with the California Racial and Identity Profiling Act of 2015 (RIPA) requirements. The IPA will discuss with the City and PPD the degree to which continuous monitoring of data can be used to mitigate potential biased policing or claims thereof. In doing so, we are keenly aware that disparities in demographic composition of those involved in police action alone is not necessarily indicative of biased policing. Lastly, the IPA will monitor training and/or policy issues that arise during the investigations of complaints and identify and report trends and patterns regarding use of force and Department sworn employee- involved shootings. NOTICE OF DEATH, SERIOUS INJURY, OFFICER-INVOLVED SHOOTINGS AND OTHER CRITICAL INCIDENTS The IPA team will be notified by PPD of critical incidents as soon as possible and no later than 24 hours after the incident. The IPA will be given full access to observe interviews or any other aspects of the incident investigation.Critical incidents include:officer involved shootings, regardless of whether a person was hit by gunfire, a traffic collision involving police officers that result in death or serious bodily injury to another person; a use of force resulting in death or serious bodily injury to another person, or all deaths while an arrestee/detainee is in the custodial care of the Department. The IPA team will review PPD's investigation, analysis, or report of such occurrences for thoroughness, objectivity, and appropriateness of disposition. The IPA will also make any recommendations on the investigation and findings. The IPA may also make recommendations to the Police Chief regarding training and policy notifications. The IPA will include a summary of each such occurrence in their semi-annual report including the findings and any recommendations. In conducting this review, we will engage with appropriate experts on the team to 5 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAssu re Independent Police Auditor provide the most appropriate and comprehensive review of, what are invariably, a very complex set of facts and factors. The process for these incidents will entail a review all pertinent evidence and statements, including body-worn camera footage,all relevant official data and documentation,and noting any omission in evidence collection or documentation. With respect to the investigation,we will note any deviations from standard operating procedures or training. To the extent that any further investigation is required, we will make such recommendation to those working on the matter, and if necessary, to the Police Chief. ................................................................................................................................................................................................................................................................................................... CONDUCTING OF INDEPENDENT INVESTIGATIONS To the extent that we believe that a particular matter has not been investigated or that our recommendations for any additional investigation in any particular matter has not been followed, we will provide written notification to the City Manager and City Attorney requesting permission to conduct an independent investigation into such matter. If such investigations take place, the IPA will have full, unrestricted access to all information, evidence, and all other materials relevant to incident files that the IPA deems necessary or helpful in the performance of an additional, independent investigation. AUDITS OF POLICIES, PROCEDURES, AND TRAINING Similar to the audit of complaints and discipline, our IPA team will prioritize and audit PPD policies, procedures, or training related to the topics above or other matters that may be identified and take precedence for auditing purposes. We will discuss our methodology in auditing body camera usage to demonstrate how the IntegrAssure team will approach such audits. If body camera usage by officers and review by supervisors are audited, we will monitor for mandatory activation and for late activation or early termination. This will include analyzing an appropriate sample of body camera recordings. BWC is a tremendous tool that historically has been grossly underutilized. BWC gives law enforcement the ability to remotely supervise and to supervise supervisors. BWC analysis must be used to reward outstanding performance, and to remediate issues when performance is found to fall short of the mark. We will compare body camera usage by officers and review by supervisors as compared to professional standards and assess how well PPD is utilizing its BWC footage.We will discuss with relevant stakeholders the degree to which continuous monitoring of data is being used to mitigate failures to activate and the extent to which supervisory review of body camera footage is being utilized to assess the performance of individual officers. Lastly, in addition to the audits conducted by the Commission on Peace Officer Standards and Training (POST), the IPA will audit completed background investigations of PPD personnel and background investigative processes to ensure compliance with existing state law and best practices to ensure that candidates for a peace officer position be of good moral character. 6 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAssu re Independent Police Auditor ........................................................................................................................................................................................................................................................................................ RECOMMEND CHANGES/IMPROVEMENTS TO POLICIES, PROCEDURES AND TRAINING The IPA team will also be systematically review and evaluate new or changed policies and training related to Professional Standards, ensuring that each comports with best practice, especially with respect to the critical issues in policing, are being met. Written recommendations with respect to significant findings, recommendations for improvement or changes to PPD policies, procedures, or training will be made to the Chief of Police and shared publicly. .................................................................................................................................................................................................................................................................................................... ASSESS THE WORK OF PROFESSIONAL STANDARDS DIVISION The IPA team will incorporate in the annual report to the City Manager on the effectiveness of PSD. This assessment will involve understanding the current workflow for their various roles and functions, especially internal investigations and citizen complaints investigations, and benchmarking that against national best practices. We will be reviewing their compliance with agreed upon timelines and thoroughness, objectivity, and completeness in their investigations. We will also review their policy and training development governance and provide insight into how they are performing those duties as well. We will assess their auditing and preparation process for CALEA accreditation. Lastly, we will assess their thoroughness, objectivity, and completeness in background investigations of PD personnel and benchmark that with national best practices as well, understanding the need for qualified and diverse work force for PPD. ....................................................................................................................................................................................................................................................................................... COMMUNITY OUTREACH As indicated above, we will start our first week as IPA meeting with city and the Department for goal setting which will provide the team with a fulsome appreciation of any particular challenge facing PPD and the community. We understand the City is in the process of forming a Public Safety Advisory Group made up of community members to serve in a review and community engagement role with police community relations. We are quite familiar with how IPA and a community board can effectively co-exist as we currently serve as the IPA for San Leandro. San Leandro also has a Community Police Review Board made up of community members to serve in a review and community engagement role with police community relations. Mr. Schlanger also instituted Community Advisory Council as part of the monitorship in Aurora as well. Beyond San Leandro and Aurora,the team has significant experience and expertise in collaboratively working with various communities throughout its multiple monitorships. We will work collaboratively with city staff, the Public Safety Advisory Group, and community members to address police/community relations, policies, and practices. At minimum, we will provide the Public Safety Advisory Council with annual reports and audits prepared for the City Council and will strategize with the city and PPD on how to best leverage the Public Safety Advisory Group to improve police/community relations. We will also provide an email address, phone number and a multilingual website devoted to the City of Petaluma during our engagement as IPA. We will receive and respond to complaints and issues from community members and will commit to a service level agreement for such responses. An example of these efforts can be found at auroramonitor.org and sanleandro-ipa.com. 7 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor We will increase police department awareness and promote engagement with the community and city staff members by utilizing various mechanisms, including our dedicated Petaluma webpage. We will at every opportunity participate in ride-alongs which will be used not only for the purpose of community engagement, but engagement with the officers of the Petaluma Police Department. ........................................................................................................................................................................................................................................................................................ i REPORTING AND PRESENTATION The IPA is tasked with providing the City Manager with quarterly reports. These reports will address the IPA's activities for the quarter, including reviews of citizen complaints and internal investigations as discussed above and any audits that took place during the quarter. In addition to the quarterly reports, there will be two semi-annual reports to the City Manager and City Council, which will also contain a statistical breakdown of the number of complaints/investigations and any developing trends based on review of complaints/investigations. The reports will also contain the initial allegation(s), the findings and the number and type of recommendations made to the Chief of Police.The reports will not contain any specific information that would identify the involved officers either internally.The team will also include a summary of each critical incident reviewed within the semi-annual period including the findings and any recommendations made to the Chief of Police regarding training and policy modifications identified as a result of the evaluation of such incidents.The reports will also include any recommendations we have made on policy, procedure, or training growing out of complaint/investigations review and audit of policies and training and any trends and patterns regarding use of force and Department sworn employee-involved shootings. When a report is submitted, we will formally meet with the City Council,City Manager,and the Chief of Police to provide the report and discuss any trends.The reports will also be shared publicly by publishing our Petaluma IPA dedicated webpage as well as discuss with the members of the Public Safety Advisory Group. Lastly, every year the IPA will produce a written report detailing its activities including a summary of its evaluations of internal investigations and citizen complaints and audits for the prior year and will present those findings to the Public Safety Advisory Group, City Council, the City Manager, and Chief of Police. Additionally, the annual report will contain our assessment of the Professional Standards Division as detailed above.The report and presentation will include any major recommendations for addressing areas of concern and the steps which have been taken by the Department and the City to address concerns which have been raised. The report will note any trends observed and results of audits. IntegrAssure believes that constant collaboration and communication is key to IPA's success. As such, nothing that will be contained in any report (quarterly, semi-annual, or annual) that would come as a surprise to any of the stakeholders. Any and all issues identified would've been discussed at length with all of the relevant stakeholders before they are included in a public report. 8 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor EXHIBIT B- BILLING RATES In order to facilitate all of these aspects of the IPA's work, protocols will need to be collaboratively developed with the City and PPD. The IPA team will perform all of this work as efficiently and effectively as it can possibly be done, utilizing available technology for on-going communications,and for the tracking of tasks and presentation of deliverables. In addition, we will best match our team members' skill sets to the tasks needed to be accomplished. In essence, IntegrAssure will be establishing a fully functioning program, staffed with highly qualified individuals,which will provide the City of Petaluma and its residents with the comfort that comes through truly independent oversight and transparent public reporting. Our work will be done impeccably with stringent quality assurance processes embedded. IntegrAssure's experts have all of the necessary attributes to make the City's bold endeavor successful including deep subject matter expertise, extensive experience with independent oversight and California law enforcement agencies, and the proven track record of building organizations from the ground up designed to deal with complex investigative and administrative issues and meaningful community engagement. As noted in the cover letter as well in Exhibit C, IntegrAssure will field a team of subject matter experts, led by Mr. Schlanger, to perform each of the enumerated tasks called for in the scope of work. Mr. Schlanger will be available 7 days a week and 24 hours a day to respond to questions or issues that the City or the Department may have. This team-based structure for the IPA will provide the City the greatest return on its investment. It will allow for flexible access to both expert oversight in the varied areas called for by the scope of work.The diverse skill sets that will be brought to bear by IntegrAssure are best suited for the assignment because of the multi-faceted requirements of the role of IPA and different skill and experience levels involved in each of the requirements. The success of the program will be measured in many ways, but perhaps most of all through improved public sentiment regarding the police department derivative from the continuous improvement that the independent oversight process will bring. The independent oversight and the continuous improvement process that it brings will have the natural effect of limiting any inappropriate conduct of officers in the areas of use of force;stops,searches and seizures; biased policing and general customer service. This will, in turn, increase the trust of the community in their police department, reduce potential liability, and at the same time, increase officer safety. Based on the statistics published on the Department's Transparency Portal on use of force statistics and citizen complaints data, we anticipate the following estimated level of effort expressed in each instance in a not to exceed number of hours annually: 1 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor CITIZEN COMPLAINTS AND INTERNAL INVESTIGATIONS REVIEW With respect to investigations review, IntegrAssure anticipates, based on the number of investigations published on the Department's website that review of these investigations and discussion with the City and stakeholders will not exceed 160 hours per year. RECEIPT OF CASES AND DATA IntegrAssure anticipates that establishing the initial system of notifications, access to necessary databases, and relevant data will be a one-time investment of time for both the IPA and PPD of approximately 20 hours for the first year. THE AUDIT OF PPD MISCONDUCT COMPLAINT AND DISCIPLINE PROCESS IntegrAssure anticipates this audit, in conjunction with the citizen complaints review as well as internal investigations review, will not exceed 40 hours per year. OFFICER-INVOLVED SHOOTINGS AND OTHER CRITICAL INCIDENTS: With respective to officer-involved shootings and other critical incidents, IntegrAssure anticipates, based on the statics published on the Department's website, we would expect that the hours will not exceed 40 hours per year. This would include all steps necessary to assess the investigation. CONDUCTING OF INDEPENDENT INVESTIGATIONS While predicting whether independent investigations will be necessary is impossible as is the scope and complexity of any such investigation, our pricing does include 80 hours for an evaluation of any investigation underlying a critical incident and determination as to whether the incident warrants such independent investigation. The scope and pricing of any independent investigations requested or approved by the City to be conducted by the IPA will be determined at the time of approval. AUDITS OF PPD POLICIES, PROCEDURES, AND TRAINING AND RECOMMENDATIONS TO POLICY, PROCEDURE, OR TRAINING IntegrAssure anticipates that all assorted audits under this function,will not exceed 80 hours per year. ASSESS THE WORK OF THE PROFESSIONAL STANDARDS DIVISION IntegrAssure anticipates that all assorted audits and reviews under this function, in conjunction with all of the other related tasks noted above, will not exceed 50 hours per year. COMMUNITY OUTREACH IntegrAssure anticipates that all efforts under this function, in conjunction with reporting and presentation to the public and the Public Safety Advisory Group, will not exceed 20 hours per year. 2 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor REPORTING AND PRESENTATION IntegrAssure estimates that the reporting process for quarterly reports to the City Manager will not exceed 80 hours per year. IntegrAssure estimates that the reporting process for the semi-annual reports to the City Manager, City Council, Police Chief, and the Public Safety Advisory Group will not exceed 60 hours per year. IntegrAssure estimates that the annual reporting process and the presentation to the City Manager, City Council, Police Chief, and the Public Safety Advisory Group will not exceed 50 hours per year. TOTAL ESTIMATE OF LEVEL OF EFFORT Our not to exceed price proposal for this project is derived from our estimate that the tasks as described would not exceed 680 hours for the first year. At our combined hourly rate of$250/per hour across all labor categories, IntegrAssure is offering to perform the tasks described within the RFP for a not to exceed amount of$170,0001 exclusive of travel and associated costs with establishing an IPA website which would be billed at cost to the City. This budget was formulated with our best estimate of the work required to provide the City with the highest quality deliverables. It is our intent to provide the City with the best customer service as well as the highest quality deliverables. We propose a monthly billing to the City on the 5th of each month for hours worked and any additional amounts for travel that occurred within that last month at cost billed to the City with net 30 days for payment. Within the invoice, IntegrAssure will include summary of its activities as IPA during the invoice period as well as attach any reports that were published during that time frame. 1 As noted above,the scope and pricing of any independent investigations requested or approved by the City to be conducted by the IPA will be determined at the time of approval. 3 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor EXHIBIT C- STATEMENT OF QUALIFICATIONS Proposer's Organization: IntegrAssure was founded by Jeff Schlanger who brings more than four decades of law enforcement, criminal justice and risk management experience and expertise to his assignments. IntegrAssure's mission is to promote and provide confidence in both public and private institutions through independent processes that identify, analyze, remediate, and monitor operational, regulatory, and reputational risks. Supported by Erin Pilnyak, the Chief Operating Officer of IntegrAssure, and a team of subject matter experts in law enforcement, IntegrAssure is dedicated to advancing integrity through a variety of risk management, continuous improvement, and integrity assurance services for law enforcement based on intelligence-led policing and best practices in 21s'Century Policing. While IntegrAssure is a start-up that was founded in March of 2021 with one employee (Erin Pilnyak), immediately after the departure of Mr. Schlanger from his role as Deputy Commissioner of Risk Management at NYPD, the combination of Mr. Schlanger and Ms. Pilnyak's extensive experience in both the private and public sectors, along with that of the team they will bring to the assignment, as detailed below, will, in fact, best meet the needs of the City in regard to this assignment. Indeed, it is precisely because of a desire to bring the processes of risk management within the police context as honed within the largest police department in the nation, to smaller jurisdictions throughout the nation, that IntegrAssure was founded. IntegrAssure is incorporated in the State of Delaware with offices currently located in Florida, Colorado, and New York, with its associates operating from home-based locations throughout the country. Mr. Thomas will be providing services from his base in Southern California and Ms. Lewis will be providing services from her base in Nevada (both short travel times from Petaluma). If successful, it is the intention of IntegrAssure to establish a Bay Area presence. In order to best meet the budgetary requirements of the assignment, services will be provided through a combination of virtual and on-site presence. On-site presence, especially in the beginning of the assignment, will be necessary to effectively establish the relationships necessary to successfully fulfill the goals of the office of IPA. Working with the City stakeholders, we will find the appropriate balance between in-person and virtual work minimizing travel costs while at the same time building strong professional relationships. Mr. Schlanger will, of course, be present for all major presentations to stakeholders, both City and public, and other critical events. Led by Jeff Schlanger, IntegrAssure will bring a team approach to the execution of the tasks enumerated in the scope of work. Our oversight and policing experts (additional experts on the team can be found at https://www.integrassure.com/who-we-are)will provide the City with diverse resources to best meet the requirements of the position and will provide the City with immediate access to that team for any related, but out of scope assignments. We would expect to hit the ground running and to transition seamlessly into the position. 1 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor Proposer's Experience with California Agencies IntegrAssure has extensive California law enforcement agency experience. In addition to these experiences of IntegrAssure listed below, Mr. Thomas and Ms. Lewis have extensive experience with California law enforcement agencies as detailed in their biographies below. LOS ANGELES POLICE DEPARTMENT MONITORSHIP Mr. Schlanger served almost nine years as the First Deputy Monitor of the LAPD. He developed the methodology by which the monitorship would operate and over the entire course of the monitorship was directly responsible for all its operations including community engagement and each of the reviews of LAPD's compliance with all reform mandates.This included a review of use of force and disciplinary cases for compliance under their Consent Decree, as well as the production of more than thirty quarterly reports', covering the more than 150 reforms of the Consent Decree. He pioneered the use of the quarterly "report card" indicating the level of compliance in each of the substantive paragraphs of the Decree. During this process Mr. Schlanger worked extremely closely with the Chief and executive staff of the Department, with the Police Commission, the Inspector General, the City Attorney, the City Council, the Court, and interfaced regularly with the police union and community groups. Indeed, taken in its totality,the federal monitorship in Los Angeles itself stands as, perhaps,the best example of how outside oversight concentrating on ensuring that best practices across the policing spectrum are implemented in policy,training and in the field. It was during this time that Mr. Schlanger met Mr.Thomas and Ms. Lewis while they were working at LAPD. Mr. Thomas was serving as an Adjutant to the Chief of Police and Ms. Lewis oversaw establishing and leading the Audit Unit. In a Harvard Kennedy School study conducted in 2009, researchers found that the Consent Decree had brought about remarkable change over its eight years: "Stepping back from the dozens of specific provisions of the LAPD consent decree that have been implemented,we see a staggering scale of change. The LAPD is the largest and most complicated police agency ever subjected to the oversight of a Federal Court under the 1994 law giving the Justice Department authority to bring pattern-and-practice cases against states and municipal governments; and the consent decree in LA is among the most complex ever entered by a police department. If local governments and police departments elsewhere are ever going to consent to such reform programs in the future, they will need to know that success is possible. The changes in Los Angeles should be encouraging in that respect...Public satisfaction is up, with 83 percent of residents saying the LAPD is doing a good or excellent job;the frequency of the use of serious force has fallen each year since 2004...Our analysis confirmed what others have previously reported: that serious crime is down substantially in Los Angeles over this same period. Indeed, recorded crime is down in every police division in the city. A majority of Los Angeles residents no longer rate crime as a big problem, 2 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor substantially down from only four years ago, and that is true among Black and Hispanic as well as White and Asian residents."1 This contract started in June of 2001 and ended in July of 2009. INDEPENDENT POLICE AUDITOR FOR THE CITY OF SAN LEANDRO Mr. Schlanger currently serves as the Independent Police Auditor for the City of San Leandro. This assignment started on August 15, 2022. IntegrAssure has been selected for this assignment with Mr. Schlanger designated as the Independent Police Auditor. In this role, IntegrAssure serves the role of an independent monitor of the San Leandro Police Department. The scope of service for this assignment is very similar to the role as envisioned by the City of Petaluma. The scope of work defining the role of the IPA is designed to ensure that every internal and civilian complaint investigation and the resulting disciplinary outcome is fair, unbiased, thorough, and performed in a timely manner. As the IPA, IntegrAssure is also notified of all officer-involved shooting and other critical incidents as well as review the investigations to ensure it was complete, thorough, objective, and fair. IntegrAssure is also charged with auditing the San Leandro Police Department's policies, procedures, and training and provide annual reports to the City management, Police Chief, Community Police Review Board, and the City Council on all of its work and findings and recommendations that rise out of the audits and reviews of investigations. Given the team's vast experience,the team has been able to provide guidance to the Department and the City on how to best establish the roles for both the IPA and the Community Police Review Board including guidance on how to jump-start the role of IPA without unnecessary delays. This guidance include setting up workflows between the Department and the IPA with an eye toward minimizing the work for the Department without compromising efficiency. This expertise has been critical in establishing a good working relationship with the Department. Moreover, the IPA serves as the subject matter expert to the Community Police Review Board, which currently comprises of eight members from the community. The Board's functions include receiving community feedback and complaints and refer them for further review, as appropriate,to the IPA or the internal affairs function of the department. The Board also receives reports from the IPA regarding personnel discipline and complaints, critical incidents, police department policies, and other law enforcement matters.The Board also evaluates the police department policies of compelling community- wide concern based on the trends and data, which is provided by the IPA to the Board. The Board implements an annual work plan that consists of a community outreach plan to assure all members of the community to have an opportunity to share concerns about policing. The City of San Leandro has been seeking insight from the IntegrAssure team on how to best establish the Board given the team's extensive oversight and monitoring experiences.Given the expertise the team has in establishing similar monitoring roles in other jurisdictions, we met with the members of the Board individually before the inaugural 1 The study can be found at https://lapdonIinestrgeacc.blob.core.usgovcloudapi.net/lapdonlinemedia/2021/12/Harvard-LAPD-Study.pdf 3 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor meeting of the Board in-person to establish a foundational relationship to build upon over the coming years.These meetings allowed the IntegrAssure team to get to know the members more in depth as well as for the members to have a better understanding of the team's backgrounds and objectives in serving as the IPA. It resulted in a very well-run inaugural meeting of the Board with no tension nor confusion. Additionally, IntegrAssure created a 30- hour curriculum for the Board, which includes courses on Public Safety Officer Procedural Bill of Rights, Public Records Act, and Brown Act as well as policing in America, policing oversight overview, best practices in policing, among other topics. This contract started on August 15, 2022 and the work is ongoing.The contract is for three years with an option for two additional years. In addition to our experience with California law enforcement agencies, we have vast experience with agencies across the United States. This includes University of Cincinnati (below), City of Aurora (below), Detroit Police Department (below), and NYPD (as detailed in Mr. Schlanger and Ms. Pilnyak's biographies below). UNIVERSITY OF CINCINNATI POLICE DEPARTMENT REVIEW AND MONITORSHIP In 2015, Mr. Schlanger assembled and led a team of policing professionals, including members of the 21st Century Policing Task Force, in the comprehensive review of the University of Cincinnati Police Department (UCPD), conducted in response to a fatal officer-involved shooting. The project included a thorough review of the UCPD and an analysis of its current practices relative to best practices in policing. The report found more than 100 areas for improvement and made more than 275 specific actionable recommendations for improving the Department while at the same time rebuilding trust between the UCPD and its community.' Mr. Schlanger was then chosen to be the monitor of the department, overseeing the implementation of those recommendations in 2017. Notably, this monitorship was voluntary, supported and embraced by the University and the community to provide assurance to the public that the reforms to which the UCPD had committed were actually being undertaken. The concept of voluntary monitorship was an innovative approach to ensuring proper oversight over the reform process.The monitorship successfully concluded two years later. Ms. Lewis served as the Deputy Monitor and Mr. Thomas served as a subject matter expert on this monitorship with Mr. Schlanger. The contract started in June 2016 and ended in March 2019. INDEPENDENT CONSENT DECREE MONITOR FOR THE CITY OF AURORA (CO) IntegrAssure performs the work of the Independent Consent Decree Monitor as delineated in the Consent Decree, entered into by the City of Aurora with the Attorney General of the State of Colorado on November 22, 2021. As the Independent Consent Decree Monitor, IntegrAssure oversees the City of 'The report from the comprehensive review and the subsequent reports from the monitorship can be found here: https://www.uc.edu/about/publicsafety/reform/external-monitor.html 4 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor Aurora's implementation of the Consent Decree, issuing public updates to the Court on the City's compliance with the Consent Decree, and providing guidance and recommendations on compliance with the Consent Decree to the City, the Aurora Police Department, and Aurora Fire Rescue, including reviewing and commenting on policies, training, and initiatives developed under the Consent Decree. IntegrAssure has published two public reports on the City's progress. The reports can be found at https://www.auroramonitor.org/reports. This contract started on February 15, 2022 and the estimated end date for the contract is December 31, 2026. FEDERAL MONITOR FOR THE DETROIT POLICE DEPARTMENT The consent decree was entered in 2003 and required comprehensive reforms of the Detroit Police Department (DPD)to remedy its patterns and practices of use of excessive force and unlawful detentions and arrests identified by the Justice Department following a two-and-half-year investigation. A second, concurrent consent judgment was also entered addressing unconstitutional conditions of confinement in the DPD's holding cells. A court-appointed monitor was selected to evaluate the city's compliance with both judgments. Ms. Lewis was a member of the federal Independent Monitoring team of the DPD where she provided DPD with the Technical Assistance to stand up their internal audit unit. In addition to training the DPD audit staff, Ms. Lewis also conducted compliance assessments of DPD's various reform efforts including best practices and applicable standards for investigations, uses of force, training, holding cell facilities, and assessment of the audits completed by DPD. The contract started in December of 2003 and ended in August of 2009. Proposer's Employees IntegrAssure has extensive experience in performing similar auditor/monitor oversight services to various cities,designing police auditing mechanisms, and conducting independent reviews of police departments, including excessive uses of force and fatal officer-involved shootings. Most importantly, throughout all our assignments, we prioritize collaboration and transparent communication to ensure the reforms that are implemented with our oversight have sustainability and to embed a spirit of continuous improvement in the police department. Mr.Schlanger will be designated as the IPA. Erin Pilnyak will assist Mr.Schlanger as the Deputy IPA. Denise Lewis and John Thomas will work directly with Mr. Schlanger as designated principals on this assignment given their specific experiences with law enforcement agencies in California and physical proximity to Petaluma. The full IntegrAssure team will provide all necessary support and resources to Mr. Schlanger and to the City to perform all of the duties as listed in the Scope of Services. JEFF SCHLANGER (PROPOSED INDEPENDENT POLICE AUDITOR) Jeff Schlanger is the founder, and CEO of IntegrAssure LLC and has a deep understanding of institutional change management with more than four decades of experience at the highest levels of law, law enforcement, independent investigations, and monitorships. Mr. Schlanger, who began his career as a 5 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor prosecutor in the Manhattan DA's Office, served almost nine years as the First Deputy Monitor for the LAPD Monitorship (detailed above). During that same time period, Mr. Schlanger performed a number of significant independent investigations at the request of large police departments throughout the country, including the Tennessee Highway Patrol (an investigation into corruption in the hiring and promotion process),the San Francisco Police Department(an investigation into an internal affairs investigation probe involving the son of a Chief in the Department), and the Austin Police Department (investigative reviews of two separate fatal officer-involved shootings). He also served on the Executive Committee of the Working Group for National Guidelines for Monitors, which developed the National Guidelines for Police Monitors. In 2014, Mr.Schlanger left the private sector,to re-join the public sector as the Chief of Staff to Manhattan District Attorney Cyrus Vance,where,among other responsibilities, he developed and oversaw the process of "Extreme Collaboration" with the NYPD and its then-Commissioner, William Bratton. In 2015, Mr. Schlanger returned to the private sector and in 2016, assembled and led a team of policing professionals, to review and ultimately monitor the University of Cincinnati Police Department (UCPD) following a fatal officer-involved shooting (more details below). In 2018, Mr. Schlanger joined the NYPD as Counsel to the Police Commissioner,and then was asked to take on the position as the first-ever Deputy Commissioner for Risk Management. This position was the "tip of the spear" in terms of Department improvement efforts. Mr. Schlanger pioneered a true risk management and continuous improvement approach to police re-engineering, re-imagination, and reform, and served in this capacity until March 19, 2021, helping to guide the Department through its most tumultuous period, implementing reforms brought about by both the federal monitorship arising out of stop and frisk abuses and the tragic murder of George Floyd. He served on the NYPD's Discipline Committee, Force Review Board, and established and chaired the Use of Force and Tactics Workgroup. Mr. Schlanger is a graduate of the State University of New York at Binghamton (now Binghamton University) and the New York University School of Law. He currently leads a team of nine experts as the Independent Consent Decree Monitor for City of Aurora (CO) (detailed above). He also currently serves as the Independent Police Auditor for the City of San Leandro (detailed above). While IntegrAssure will draw as needed on the full resources of its staff3,we are including the biographies of the three members of the team who will be principally responsible for performance on this assignment with Mr. Schlanger. The primary team has been chosen given their specific experiences and familiarity with law enforcement agencies in California and with managing similar assignments. Our team of experts are seasoned professionals who are nationally recognized and have a proven track record of imagining, developing, implementing, and overseeing best and promising practices and will bring that knowledge base to bear on the issues facing San Leandro. ERIN LANG CHOI PILNYAK Erin Lang Choi Pilnyak (the proposed Deputy IPA) has served in a variety of public sector positions overseeing projects and driving results in each. Ms. Pilnyak began her career at the Manhattan District 3 We will note that Chris Ortiz of the IntegrAssure team has expertise in organizational management, including workload-based methodology. 6 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor Attorney's Office (DANY), where she spent 10 years and was a member of the Sex Crimes and Crime Strategies Unit among other units. After DANY, she served as the Deputy Director of Crime Strategies at the New York City Mayor's Office of Criminal Justice (MOCJ) where she oversaw all criminal justice strategies in New York City and devised and implemented criminal justice reform initiatives for the City. During her tenure, she worked closely with senior leadership for the New York State court system, public defenders, prosecutors, NYPD, Department of Correction, other law enforcement partners, elected officials, and community groups to implement major criminal justice reform efforts, such as significant changes to the juvenile justice system, lightening the touch of low-level enforcement, and community- based solutions to reframe the concept of public safety. Ms. Pilnyak left MOCJ to join Mr. Schlanger at NYPD where she served in the two-star position of Assistant Deputy Commissioner at the Risk Management Bureau. She worked with Mr. Schlanger on developing policies and programs to guide the Department on implementing reforms and running the day-to-day operations of the approximately 200- person Bureau. Ms. Pilnyak, who is a graduate of the University of California at Berkeley and Cornell University School of Law, currently serves as the Chief Operating Officer of IntegrAssure and the Deputy Monitor for the City of Aurora. She also currently serves as the Deputy IPA for the City of San Leandro. DENISE LEWIS Denise Lewis has spent over 30 years developing and honing her expertise in the areas of law enforcement, internal and external investigations of police agencies, and most notably, the independent monitoring of police organizations. She attended Citrus College before joining LAPD in 1989. She held a variety of patrol and supervisory assignments conducting both criminal and internal investigations before retiring from LAPD. In 2000, then-Sergeant Lewis was assigned to the internal investigation team reviewing the causal factors of the LAPD's Rampart CRASH corruption incident—a scandal that led to the Department of Justice investigation of that organization, and eventually LAPD's agreement to a Federal Consent Decree. During her tenure with the LAPD, Ms. Lewis led the newly created Audit Unit, which was mandated by the Consent Decree. In the Audit Unit, she supervised both sworn and civilian staff in completing on-going audits designed to determine the department's level of compliance with Consent Decree mandates. Since retiring from LAPD, Ms. Lewis was a member of the Independent Monitoring team of the Detroit Police Department (DPD) where she provided DPD with the Technical Assistance to stand up their internal audit unit. In addition to training the DPD audit staff, Ms. Lewis also conducted compliance assessments of DPD's various reform efforts including best practices and applicable standards for investigations, uses of force, training, holding cell facilities, and assessment of the audits completed by DPD. Ms. Lewis has also assisted numerous police departments, including the Los Angeles Airport Police Department and the San Jose Police Departments in establishing and institutionalizing the internal audit function, including the development of the requisite audit protocols, policies, procedures to help manage the many risks associated with law enforcement activities. In addition,she has provided training to police departments on the evaluation of policies and procedures related to use of force, arrest, and detention. Ms. Lewis also served as Deputy Monitor of the University of Cincinnati's Police Department(UCPD)during its voluntary monitorship (more details above). She is an associate (independent contractor) of IntegrAssure and has been with the company since its inception. She currently serves on the Independent 7 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor Consent Decree Monitoring Team for the City of Aurora as the Team Lead on Accountability and Transparency and serves on the Independent Police Auditor team for the City of San Leandro. JOHN THOMAS John Thomas is a law enforcement professional with almost 40 years of experience in both urban and university policing. He recently retired as the Executive Director/Chief of the University of Southern California's Department of Public Safety ("DPS") overseeing approximately 300 sworn and civilian employees.When Chief Thomas arrived at USC he established Compstat and ran it every week since 2013 until his recent retirement. Notably, Chief Thomas opened CompStat to the public and to relevant stakeholders, such as Los Angeles City Attorneys, LAPD, Los Angeles Fire Department, community interventionists, homeless advocates, and student groups. Before leading DPS, Chief Thomas spent 21 years as a member of LAPD,where he served as Adjutant to four LAPD Police Chiefs.As a member of LAPD, Chief Thomas worked patrol assignments primarily in South Los Angeles in Wilshire, 77th Street, Southwest, Newton Street,and Pacific Divisions,and was assigned to the Department's Gang Enforcement Detail in South Los Angeles where he worked in an undercover capacity. Chief Thomas was awarded the City of Los Angeles' City Angel Award for outstanding community enhancement and the Department's Meritorious Unit Citation. Chief Thomas has been on the Board of Directors for The Challenger's Boys & Girls Club in South LA and has been on the Board of Directors for Los Angeles Police Historical Society since 1999. He has researched and written extensively on the Early Black History of LAPD and Los Angeles. He serves on the Board of Directors for the Police Officers' Association of Los Angeles County (POALAC) and on the Board of Advisors for the University of Southern California (USC) Price School's Safe Communities Institute. He is a member of the International Association of Campus Law Enforcement Administrators,the Police Executive Research Forum,the International Association of Chiefs of Police,the National Organization of Black Law Enforcement Executives, Pac 12 Campus Chiefs' Association, Campus Safety Magazine Advisory Board, California College & University Police Chiefs Association, and the FBI National Academy Associates. He holds a BA in Liberal Arts and a Master's Degree in Executive Leadership from the USC Sol Price School of Public Policy. He is currently an associate (independent contractor) of IntegrAssure and has been with the company since its inception. He currently serves on the Independent Consent Decree Monitoring Team for the City of Aurora as the Community Liaison and also as part of the Independent Police Auditor team for the City of San Leandro. Proposer's References For the LAPD Monitorship, UCPD Review and Monitorship, Aurora Monitorship, and the San Leandro Independent Police Auditor assignment noted below, Mr. Schlanger was directly responsible for assembling the team of experts who worked on each project. For the UCPD Review and subsequent Monitorships, Mr.Schlanger drew on the formidable talents of Mr.Thomas and Ms. Lewis, as well as nine other policing experts, two of whom had served on President Obama's President's Task Force on 21st Century Policing. We are also including Ms. Lewis's experience with the Detroit Police Department Monitorship as a reference as well. 8 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for nteg rAss u re Independent Police Auditor LOS ANGELES POLICE DEPARTMENT MONITORSHIP The details about this assignment is discussed above under "Proposer's Experience with California Agencies" section. Contact: William Bratton, Chief LAPD (Ret.) Phone number: 917-858-2405 Email address: bill.bratton@brattonmail.com UNIVERSITY OF CINCINNATI POLICE DEPARTMENT REVIEW AND MONITORSHIP The details about this assignment is discussed above under "Proposer's Experience with California Agencies" section. Contact: Chief Maris Harold Phone number: 513-806-6272 Email address: heroldm@bouldercolorado.gov INDEPENDENT POLICE AUDITOR FOR THE CITY OF SAN LEANDRO The details about this assignment is discussed above under "Proposer's Experience with California Agencies" section. Contact: Eric Engelbart, Deputy City Manager of City of San Leandro Phone number: 510-577-3389 Email address: EEngelbart@sanleandro.org INDEPENDENT CONSENT DECREE MONITOR FOR THE CITY OF AURORA (CO) The details about this assignment is discussed above under "Proposer's Experience with California Agencies" section. Contact: Jason Batchelor, Deputy City Manager for the City of Aurora (CO) Phone number: 303-739-7010 Email address: ibatchel@auroragov.org 9 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor FEDERAL MONITOR FOR THE DETROIT POLICE DEPARTMENT The details about this assignment is discussed above under "Proposer's Experience with California Agencies" section. Contact: Hazel De Burgh,Team Lead for the Independent Monitoring Team Phone number: (416) 558-2929 Email address: hazel.deburgh@gmail.com In addition to these references above, IntegrAssure's familiarity with best practices with intelligence-led policing and best practices in 215t Century Policing can be demonstrated by a project that was recently completed for the State of Colorado. IntegrAssure provided the Colorado General Assembly and law enforcement agencies in the State with a report featuring evidence-based, community-focused best policing practices and policies. IntegrAssure was chosen for the project pursuant to HB21-1250, which allocated funds to contract with a nationally recognized research and consulting entity that is "an expert in data-driven,evidence-based policing that is community-focused."The IntegrAssure Team provided the Colorado General Assembly and Colorado law enforcement agencies practical operational law enforcement expertise from around the country supported by academic research based on the principles of intelligence-led policing and best practices of the 215t Century Policing. The final report was published was in June 2022, ahead of the statutory deadline. Both interim and the final reports can be found at https://cdola.colorado.gov/community-development-planning/best- practices-in-policing-study 10 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor EXHIBIT D- TERMS OF PROPOSED SERVICE AGREEMENT IntegrAssure does not propose to amend any section of the Terms of Proposed Service Agreement at this time. IntegrAssure does not have any past, ongoing, or potential conflicts of interest which we may have as a result of performing the work for this Project. IntegrAssure is also able to comply with the City's insurance requirements. A certificate of insurance is included as part of this Exhibit. 1 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 -I INTEG-1 OP ID: 4A ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 10/25/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 515-410-5394 CONTACT Matthew Ash San Antonio-SBS NAME: Marsh USA Inc. BHONE A//C,N ,EXt):515-410-5394 (A/C,No): 9830 Colonnade Blvd,Suite 400 ADDRESS:Matthew.Ash@MarshMMA.com San Antonio,TX 78230 Garret W.Wilson INSURERS AFFORDING COVERAGE NAIC# INSURER A:ACE Property&Casualty Ins Co 20699 INSURED INSURER B:Travelers Cas&Sur Co of Amer 31194 Ass LLC 2660 ACE American Ins. Co. 22667 2660 Southh Ocean Blvd INSURER C Palm Beach,FL 33480 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR D97110761 02/25/2022 02/25/2023 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X D97110761 02/25/2022 02/25/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE D97110773 02/25/2022 02/25/2023 AGGREGATE $ 3,000,000 DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B Professional Liab. 107544484 11/21/2021 11/21/2022 2,000,000 C Cyber Liability D98255023 08/31/2022 08/31/2023 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Petaluma, its officers, officials, employees,agents and volunteers are additional insured and coverage is primary and non-contributory on the general liability policy per required written contract and additional Insured on the auto policy.Waiver of subrogation applies to the general liability and auto policy per required written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Wilt of Petaluma THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 11 English Street, Room 4, Petaluma, CA 94952-2610 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Collusion This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Petaluma. All terms and conditions of this Request for Proposal have been thoroughly examined and are understood. NAME OF BIDDER IntegrAssure, LLC AUTHORIZED REPRESENTATIVE Jeff Schlanger SIGNATURE President and CEO TITLE ADDRESS 2660 South Ocean Blvd, Suite#303N, Palm Beach, FL 33480 Request for Proposal Independent Police Auditor I Page 18 of 19 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 PROFESSIONAL SERVICES AGREEMENT (Title of Project) FY Fund# Cost Center Object Code Project# Amount$ For multi-year contracts or contracts with multiple accounts: FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ FY Fund# Cost Center Object Code Project# Amount$ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city("City") and , a ("Contractor") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Contractor shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). Except as otherwise expressly provided in this Agreement, this Agreement does not authorize the Contractor to perform any services in addition to those specified in Exhibit A. The City has no obligation to award any additional Services to the Contractor. Any additional Services awarded to the Contractor pursuant to this Agreement will be in the sole discretion of authorized representatives of the City and shall be added to Exhibit A in accordance with Section 25, Amendment, of this Agreement. 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Contractor in accordance with the rates specified in Exhibit A. B. Contractor shall submit detailed monthly invoices reflecting all services performed during the preceding month and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Contractor shall be compensated for services in addition to those described in Exhibit A, only if Contractor and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed$ without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. 1 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 D. Notwithstanding any provision herein, Contractor shall not be paid any compensation until such time as Contractor has on file with the City Finance Department a current W-9 form available from the IRS website(www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. E. City's obligation to pay compensation to Contractor as provided herein is contingent upon Contractor's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date and terminates on ,unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Contractor and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible,but not later than fourteen(14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor or Contractor's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Contractor shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Contractor shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Contractor shall be liable to City for any excess cost City incurs for completion of the Services. 5. Contractor's Representation; Independent Contractor. Contractor represents that Contractor possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Contractor shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Contractor and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Contractor no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Contractor shall, at Contractor's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Contractor shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 2 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 9. Inspection. Contractor shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done, and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Contractor of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request,Contractor shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses,progress and conclusions related to Contractor's performance of the Services. 11. Confidentiality. In the performance of the Services pursuant to this Agreement, the Contractor will have access to confidential information protected from being disclosed except as permitted by law. Such information may include, but is not limited to: confidential law enforcement information protected under Government Code Section 7923.600; police officer personnel information protected under Penal Code Section 832.7; information protected by the attorney client privilege under Section 954 of the Evidence Code; information protected by the attorney work product doctrine under Code of Civil Procedure Section 2018.030, and other confidential information the disclosure of which is prohibited by law ("Confidential Information"). The Contractor's obligations pursuant to this Agreement include safeguarding and not disclosing all Confidential Information excepts as permitted by law and as expressly approved by the City Manager or her designee. The Contractor's unauthorized release of Confidential Information is grounds for termination of this Agreement for cause in accordance with Section 4 and may subject the Contractor to other sanctions and/or remedies pursuant to applicable law. 12. Conflict of Interest. A. Contractor represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Contractor further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Contractor represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Contractor will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Contractors are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Contractors subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Contractor agrees to comply fully with all such requirements to the extent they apply to Contractor's performance of the Services. B. Certain contractors, in addition to being subject to the City's Conflict of Interest Code, may be subject to other conflict of interest prohibitions, including those in the Political Reform Act, Government Code Section 81000 and following, and Section 1090 and following of the Government Code.The Political Reform Act prohibits public officials, 3 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 employees and certain contractors from participating in making governmental decisions that the official, employee or consultant knows or has reason to know will result in a material financial effect on their economic interests. Government Code Section 1090 and following prohibits government officials, employees, and certain contractors from participating in making government contracts in which the official, employee or contractor has a financial interest. As a result of the financial interest City contractors have in their City contracts, the Section 1090 prohibition regarding City contractors focuses on whether a contractor is or would be "making a government contract"in a quasi-governmental capacity for purposes of Section 1090. Section 1090 prohibits City contractors from using their role as a contractor to influence how the City spends the public's funds in a way that benefits the contractor. As a result, Section 1090 may in certain circumstances prohibit the Contractor from responding to solicitations for,or being awarded, subsequent contracts that result from or relate to the Services performed pursuant to this Agreement. . Penalties for violating Section 1090 are severe, and may include felony criminal penalties,permanent disqualification from holding public office in California, disgorgement of any benefit received by the financially interested contractor, civil and administrative penalties, and voiding of the prohibited contract. 13. Contractor No Agent. Except as the City may otherwise expressly specify in writing,the Contractor shall have no authority, express or implied, to act or transact on behalf of City in any capacity whatsoever, including advising or representing the City concerning City public contracts as an agent of the City. Contractor shall have no authority, express or implied,pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Contractor shall perform all the Services in a manner consistent with the standards of Contractor's profession. All instruments of service of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Contractor's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply,to the full extent applicable,with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Contractor shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder,including but not limited to,the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, Public Safety Officers Procedural Bill of Rights Act,and any laws and regulations related to any copyright,patent, trademark or other intellectual property right involved in performance of the Services. Contractor's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. 4 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 To the extent that any other government agency or entity provides compensation for any Services, Contractor shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wage Ordinance. Without limiting the foregoing Section 17, Contractor shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Contractor shall promptly provide to the City documents and information verifying Contractor's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit , shall be a part of this Agreement for all purposes, and Contractors that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit in accordance with the requirements of the Living Wage Ordinance. Contractor's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color,national origin, ancestry,gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or(b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 5 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@cityofpetaluma.org And: Phone: Fax: Email: Contractor: Phone: Fax: Email: 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Contractor without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. Notwithstanding this provision or any other provision in this Agreement to the contrary, the City and the Contractor shall each own all right, title and interest in and to any intellectual property authored by or on behalf of the City or the Contractor related to the Services. The City shall have an irrevocable, royalty-free, world-wide, fully-paid-up, non-exclusive license to use and authorize others to use any intellectual property of the Contractor included in the work products produced as part of the performance of the Services pursuant to this Agreement. 22. Indemnification. A. With respect to commercial general liability, to the maximum extent permitted by law, Contractor shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability")of every nature,whether actual, alleged or threatened, arising out of or in connection with the Contractor's performance of the Services or Contractor's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. 6 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 B. With respect to professional liability, notwithstanding the foregoing or any other provision in this Agreement,to the maximum extent permitted by law, Contractor shall indemnify defend and hold harmless the Indemnitees from Liability arising out of or in connection with the negligence, recklessness, or willful misconduct of Contractor. C. The Contractor must respond within 30 calendar days to any tender of defense and indemnity by the City unless the time for responding has been extended by an authorized representative of the City in writing. If the Contractor fails to accept tender of defense and indemnity within 30 calendar days regarding a matter subject to tender pursuant to this Agreement, in addition any other remedies authorized by law, so much of the money due or that may become due the Contractor under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender,or until the Contractor accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Contractor prior to Contractor's acceptance of tender, where such matter is subject to tender pursuant to this Agreement, Contractor agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. D. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Contractor's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. E. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Contractor's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors" in Exhibit B, attached hereto and incorporated herein by reference. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. Litigation. If litigation ensues which pertains to the subject matter of Contractor's services hereunder, Contractor,upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, 7 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law;Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non-Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third-Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Contractor's Books and Records. A. Contractor shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three(3)years or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director,or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise,unless an alternative is mutually agreed upon,the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be 8 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor in interest. 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination or expiration of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONTRACTOR By City Manager Name ATTEST: Title City Clerk Address APPROVED AS TO FORM: City State zip City Attorney Taxpayer I.D.Number Petaluma Business Tax Certificate Number 9 PROFESSIONAL SERVICES AGREEMENT Sept2022 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 EXHIBIT "A" - SCOPE OF WORK The following scope of work is intended to cover the range of tasks the Independent Police Auditor (IPA) may address over the course of the contract with the understanding that the amount of time spent on any one task may vary over time. The IPA is a contract position that provides oversight on a quarterly basis, including providing quarterly reports to the City Manager. Specifically, the IPA will carry out the following tasks: 1. IPA Access and Availability a. The IPA Project Lead will be accessible to the City and Police Department personnel, 24 hours a day and 7 days a week and available to respond by phone,text,virtual, or in person as needed and requested by the City. b. Within the first 60 days of the execution of this Agreement, the IPA will meet with City staff from the City Manager's Office, City Attorney's Office, Human Resources, and Police Department to include the executive team, supervisors, and line staff from respective work groups and the Peace Officers Association of Petaluma to discuss the commencement of the IPA services and ongoing coordination regarding the performance of IPA services. 2. Community Complaints and Internal Affairs Investigations a. The IPA will establish a public facing website with email and phone access to the community in coordination with the City Manager's Office and Economic Development and Open Government within 30 days of the execution of this Agreement. b. The IPA may receive community member complaints directly. The IPA will forward a summary of the complaint and contact information for the complainant directly to the Police Department's Professional Standards Division through the Office of the Chief of Police. c. If the department receives the complaint directly or initiates an internal investigation,they will notify the IPA within (3) working days with the nature of the allegation(s). The Department and the IPA will review each community member complaint/internal investigation to determine whether a criminal component exists and proceed accordingly. DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 d. Investigative Plans — As needed, the IPA will discuss the investigative plan with the Department and arrange for a mutually convenient way to update IPA on the progress of the investigation. e. Review—The IPA will review each citizen complaint and internal affairs investigation to determine thoroughness, activity and appropriateness of disposition within (10) working days of receipt by the IPA of the investigative report. f. Follow-up—After reviewing the completed investigations,the IPA will confer with the Department to evaluate results and discuss any suggestions for additional follow-up. g. Disposition—When all aspects of the investigation are complete, the IPA will confer with the Chief of Police to resolve any issues about the process, disposition or the recommendations outlined in the investigation. Disposition shall be defined as "Sustained", "Not Sustained", "Unfounded" or"Exonerated". h. Status and Tracking — The IPA will track each case through its conclusion to ensure that each investigation is completed in a timely manner. i. The IPA will establish a protocol to ensure that appropriate treatment within the disciplinary system is followed. j. The IPA will develop a mediation (restorative justice) process, to be used when appropriate, as it can be an effective tool for better understanding and the building of trust in police/community relations. k. Semi-Annual Reporting — Twice a year, the IPA will produce a written report to the City Manager and City Council. The report will contain a statistical breakdown of the number of complaints/investigations and any developing trends. The report will also contain the initial allegation(s), the findings and the number and type of recommendations made to the Chief of Police. The report will not contain any information that would identify the involved officers or other parties either internally or externally,unless the identity information is subject to disclosure to the public. The semi-annual reports will be public documents and will contain no Confidential Information as defined in Section 11 of this Agreement. 1. The IPA will formally meet with the City Council, City Manager, and Police Chief twice a year to provide the report and discuss any trends. 3. IPA Services The following is a more detailed description of the above said services: a. Review Police Department (PD) misconduct complaints, notices, investigation, recommendations for discipline, and final notices of discipline for all complaints assigned to the Professional Standards Division(PSD). DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 b. Receive complaints directly and refer them to the PD PSD for investigation. c. Receive real time updates on investigations for monitoring and reporting purposes. d. Have full, unrestricted, access to all information, evidence, and all other material, in, prepared for, and relevant to, complaint investigation files, that the IPA deems necessary or helpful in the performance of their duties, including any analysis, proposed findings, and any proposed discipline. e. Provide evaluations as to whether an investigation is complete, thorough, and objective; and an explanation if more investigation or a change in finding is recommended. f. Document any recommendations on policy, procedures, or training growing out of the IPA's review of a complaint investigation. g. In addition to the audits conducted by the Commission on Peace Officer Standards and Training(POST),the IPA will audit completed background investigations of PD personnel and background investigative processes to ensure compliance with existing state law and best practices to ensure that candidates for a peace officer position are qualified and of good moral character. 4. Audit PD Misconduct Complaint Discipline Process a. With access to the PD PSD complaint database, regularly assess issues such as nature of complaints, how complaints are classified, and whether investigation timelines are met. b. With access to PD PSD complaint database personnel and discipline records, assess the discipline system for fairness and appropriate levels of discipline. c. Identify and report trends and patterns regarding Department training and education as well as monitor and review the Department's use of the Early Warning System(s) for use of force, complaints, collisions, and pursuits. d. Identify and report trends and patterns with respect to arrests and citations, to include race/ethnicity and other appropriate demographics of arrestees and offenders. e. Monitor training and/or policy issues that arise during the investigations of complaints. f. Identify and report trends and patterns regarding use of force and Department sworn employee-involved shootings. g. The IPA's role as outlined in this agreement does not modify existing processes or procedures already in place for complaints, internal affairs investigations, or the disciplinary process. The IPA's role is to audit these processes and procedures offering expertise and guidance to ensure compliance and make recommendations regarding policy and procedural improvements and suggested training that can support the Police DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Department's effectiveness and support community trust and confidence in the Police Department. 5. Receive Notice of Death, Serious Injury, or Other Critical Incidents a. The Police Department (PD) will notify IPA of critical incidents as soon as possible, and no later than 24 hours after the incident.IPA shall be given full access to observe interviews or any other aspects of the incident investigation. b. Critical incidents include officer involved shootings, regardless of whether a person was hit by gunfire; a traffic collision involving police officers that result in death or serious bodily injury to another person; a use of force resulting in death or serious bodily injury to another person, and; all deaths while an arrestee/detainee is in the custodial care of the Department. c. The IPA will review the Department's investigation, analysis or report of such occurrences for thoroughness, objectivity and appropriateness of disposition. The IPA will make any recommendations on the investigation and findings. The IPA may also make recommendations to the Police Chief regarding training and policy modifications. The IPA will include a brief summary of each such occurrence in their semi-annual report including the findings and any recommendations. 6. Independent Outside Investigations—Role of the IPA In cases where the IPA deems an investigation insufficient or the PD does not open an investigation, or IPA recommendations for additional investigation are not heeded, after written notification to and concurrence from the City Manager and City Attorney, consistent with their current authority, The City Manager and City Attorney may initiate an independent investigation. For such investigations,the City will utilize an independent outside investigator and the IPA will perform its auditor role regarding the independent investigation. 7. Audit and Review of Department Policies, Procedures, and Training a. The IPA will audit PD policies, procedures, and training programs on an ongoing basis, both as part of investigation audits and generally. related to these topics or other matters that may be identified and take precedence for auditing purposes. This may include body camera usage by officers and review by supervisors, Professional Standards Division, etc. 8. Recommend Changes/Improvements to Policies, Procedures, and Training a. Systematically review PD existing policies and procedures and evaluate new or changed PD policies. b. Systematically review PD training related to Professional Standards. DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 c. Make written recommendations for improvements or changes to PD policies, procedures or training regarding any matter, with recommendations to the Police Chief and shared publicly. 9. Assess the work of the Professional Standards Division a. Provide an annual written report to the City Manager on the effectiveness of the PSD. 10. Community Outreach and Public Safety Advisory Group (PSAG) Engagement a. In addition to retaining an independent police auditor,the City of Petaluma is in the process of forming a Public Safety Advisory Group (PSAG) made up of community members to serve in a review/advisory and community engagement role with police community relations. The IPA will assist the City with the planning and implementation of the PSAG. b. The IPA team will work closely with the PSAG and community members to address police/community relations, policies, and practices. The IPA will review, solicit, and consider community feedback when reviewing/auditing police policies and practices and making recommendations. c. The IPA team will prepare annual reports and audits for the PSAG and City Council regarding complaints, personnel investigations, discipline, critical incidents, police department policies, training, and other law enforcement matters of concern. d. The IPA will assist the PSAG in evaluating police department policies of compelling community-wide concern by providing trends and data on topics of interest to a majority of the PSAG. e. The IPA team will also provide training to the PSAG members regarding the legal and practical considerations involved in 21 st century policing in Petaluma, including Public Records Act requirements, Public Safety Office Procedural Bill of Rights requirements, treatment of confidential law enforcement information, and police officer personnel records safeguards, as well as legal and practical considerations regarding internal affairs investigation, and officer involved shooting and use of force investigations. In each of these tasks, the IPA will bring their expertise and will utilize that expertise in providing advice and assistance to the PSAG. IPA team members will be present for each of the PSAG meetings,either virtually or in person. The IPA will make every effort to coordinate on-site presence for PSAG meetings, so as to be able to attend a majority of those meetings in person. 11. Reports and Communications a. The IPA will work collaboratively with city staff, the Public Safety Advisory Group, and community members to support positive police/community relations, and facilitate productive discussion of Police Department policies, and practices. DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 b. The IPA will provide the PSAG members with the annual reports and audits prepared for the City Council to include but not limited to Biased Policing, Use of Force, compliance with Racial and Identity Profiling Act (RIPA) Requirements, PPD Strategic Plan Goals, and Body Camera Usage. 12. Community Input a. The IPA will review, solicit, and consider community feedback when reviewing/auditing/reporting on police policies and practices and making recommendations. b. The IPA will work with the City to develop and implement City/Police department responses to community feedback and will include community input in their reporting. 13. Access to Information a. Independent Police Auditor- The City's hybrid police oversight model includes three components; independent police auditor,public safety advisory group, and CALEA accreditation. The IPA model is effective and preferred because it gives full and complete access to confidential personnel records and information to an outside independent civilian police auditor. In this hybrid model the IPA, like the City Manager and City Attorney, has full access to confidential personnel records and information. This confidentiality is not only necessary to comply with the law but also to ensure and encourage continued and sustained improvement by the Department in their delivery of public safety services. Access to and use of Confidential Information as defined in Section I I of this Agreement is subject to all the requirements of that section and applicable law. Violation of the requirements of Section 11 of this Agreement or other requirements, regulations or laws governing access to and use of Confidential Information is grounds for termination of this Agreement for cause and may give rise to other remedies or sanctions pursuant to his agreement and/or applicable law. b. Public Safety Advisory Group—The IPA will work closely with the PSAG and community members while safeguarding confidential information at all times in accordance with Section I I of this Agreement and applicable law. Only the IPA, not the PSAG, will have access to confidential information under this agreement. DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor BILLING RATES In order to facilitate all of these aspects of the IPA's work, protocols will need to be collaboratively developed with the City and PPD. The IPA team will perform all of this work as efficiently and effectively as it can possibly be done, utilizing available technology for on-going communications,and for the tracking of tasks and presentation of deliverables. In addition, we will best match our team members' skill sets to the tasks needed to be accomplished. In essence, IntegrAssure will be establishing a fully functioning program, staffed with highly qualified individuals,which will provide the City of Petaluma and its residents with the comfort that comes through truly independent oversight and transparent public reporting. Our work will be done impeccably with stringent quality assurance processes embedded. IntegrAssure's experts have all of the necessary attributes to make the City's bold endeavor successful including deep subject matter expertise, extensive experience with independent oversight and California law enforcement agencies, and the proven track record of building organizations from the ground up designed to deal with complex investigative and administrative issues and meaningful community engagement. As noted in the cover letter as well in Exhibit C, IntegrAssure will field a team of subject matter experts, led by Mr. Schlanger, to perform each of the enumerated tasks called for in the scope of work. Mr. Schlanger will be available 7 days a week and 24 hours a day to respond to questions or issues that the City or the Department may have. This team-based structure for the IPA will provide the City the greatest return on its investment. It will allow for flexible access to both expert oversight in the varied areas called for by the scope of work.The diverse skill sets that will be brought to bear by IntegrAssure are best suited for the assignment because of the multi-faceted requirements of the role of IPA and different skill and experience levels involved in each of the requirements. The success of the program will be measured in many ways, but perhaps most of all through improved public sentiment regarding the police department derivative from the continuous improvement that the independent oversight process will bring. The independent oversight and the continuous improvement process that it brings will have the natural effect of limiting any inappropriate conduct of officers in the areas of use of force;stops,searches and seizures; biased policing and general customer service. This will, in turn, increase the trust of the community in their police department, reduce potential liability, and at the same time, increase officer safety. Based on the statistics published on the Department's Transparency Portal on use of force statistics and citizen complaints data, we anticipate the following estimated level of effort expressed in each instance in a not to exceed number of hours annually: 1 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor CITIZEN COMPLAINTS AND INTERNAL INVESTIGATIONS REVIEW With respect to investigations review, IntegrAssure anticipates, based on the number of investigations published on the Department's website that review of these investigations and discussion with the City and stakeholders will not exceed 160 hours per year. RECEIPT OF CASES AND DATA IntegrAssure anticipates that establishing the initial system of notifications, access to necessary databases, and relevant data will be a one-time investment of time for both the IPA and PPD of approximately 20 hours for the first year. THE AUDIT OF PPD MISCONDUCT COMPLAINT AND DISCIPLINE PROCESS IntegrAssure anticipates this audit, in conjunction with the citizen complaints review as well as internal investigations review, will not exceed 40 hours per year. OFFICER-INVOLVED SHOOTINGS AND OTHER CRITICAL INCIDENTS: With respective to officer-involved shootings and other critical incidents, IntegrAssure anticipates, based on the statics published on the Department's website, we would expect that the hours will not exceed 40 hours per year. This would include all steps necessary to assess the investigation. CONDUCTING OF INDEPENDENT INVESTIGATIONS While predicting whether independent investigations will be necessary is impossible as is the scope and complexity of any such investigation, our pricing does include 80 hours for an evaluation of any investigation underlying a critical incident and determination as to whether the incident warrants such independent investigation. The scope and pricing of any independent investigations requested or approved by the City to be conducted by the IPA will be determined at the time of approval. AUDITS OF PPD POLICIES, PROCEDURES, AND TRAINING AND RECOMMENDATIONS TO POLICY, PROCEDURE, OR TRAINING IntegrAssure anticipates that all assorted audits under this function,will not exceed 80 hours per year. ASSESS THE WORK OF THE PROFESSIONAL STANDARDS DIVISION IntegrAssure anticipates that all assorted audits and reviews under this function, in conjunction with all of the other related tasks noted above, will not exceed 50 hours per year. COMMUNITY OUTREACH IntegrAssure anticipates that all efforts under this function, in conjunction with reporting and presentation to the public and the Public Safety Advisory Group, will not exceed 20 hours per year. 2 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Request for Proposals for IntegrAssure Independent Police Auditor REPORTING AND PRESENTATION IntegrAssure estimates that the reporting process for quarterly reports to the City Manager will not exceed 80 hours per year. IntegrAssure estimates that the reporting process for the semi-annual reports to the City Manager, City Council, Police Chief, and the Public Safety Advisory Group will not exceed 60 hours per year. IntegrAssure estimates that the annual reporting process and the presentation to the City Manager, City Council, Police Chief, and the Public Safety Advisory Group will not exceed 50 hours per year. TOTAL ESTIMATE OF LEVEL OF EFFORT Our not to exceed price proposal for this project is derived from our estimate that the tasks as described would not exceed 680 hours for the first year. At our combined hourly rate of$250/per hour across all labor categories, IntegrAssure is offering to perform the tasks described within the RFP for a not to exceed amount of$170,0001 exclusive of travel and associated costs with establishing an IPA website which would be billed at cost to the City. This budget was formulated with our best estimate of the work required to provide the City with the highest quality deliverables. It is our intent to provide the City with the best customer service as well as the highest quality deliverables. We propose a monthly billing to the City on the 5th of each month for hours worked and any additional amounts for travel that occurred within that last month at cost billed to the City with net 30 days for payment. Within the invoice, IntegrAssure will include summary of its activities as IPA during the invoice period as well as attach any reports that were published during that time frame. 1 As noted above,the scope and pricing of any independent investigations requested or approved by the City to be conducted by the IPA will be determined at the time of approval. 3