R12-102 RESOLUTION NO. R12 -102
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, '
4 FLORIDA APPROVING THE CONSOLIDATED STAFF
5 RANKING OF PROPOSERS; APPROVING THE AWARD ,OF A
6 CONSULTANT AGREEMENT FOR A POLICE MANAGEMENT
STUDY IN RESPONSE TO RFP #067 - 2110- 12/TWh WITH
BERKSHIRE ADVISORS, INC., IN AN AMOUNT NOT -TO-
,, EXCEED $59,000; AUTHORIZING THE INTERIM CITY
141 MANAGER TO EXECUTE A CONSULTANT AGEEMENT; AND
1 PROVIDING AN EFFECTIVE DATE.
1 WHEREAS, on August 22, 2012, ProcurementServices received and opened six
1 (6) proposals in response to RFP #067 - 2110 -12 /TWH for "A Police Department
1 Management Study "; and
1: WHEREAS, the evaluation committee, consisting of Jeff Katz, Jeff Livergood and
1 Barry Atwood, independently reviewed ad evaluated the bid proposals; and
1: WHEREAS, the Finance De�a rtment verified the scores and prepared a summary
1 • tabulation of the overall scores , as a result, the Interim City Manager is recommending
21 the award of the contract to Ber shire Advisors, Inc., of Bay Village, Ohio who was the most
21 responsive, responsible bider who met all qualifications; and
2- WHEREAS, t City Commission of the City of Boynton Beach upon
2 recommendation of e Interim City Manager, deems it to be in the best interest of the
2 citizens of the Ci of Boynton Beach to approve the ranking of proposers; award RFP #067-
2 2110 -12 /TWH `A Police Department Management Study" to Berkshire Advisors of Bay
2: Village, Ohio and authorize the Interim City Manager to execute a Consultant Agreement in
2 an amount not to exceed $59,000.
2: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2• THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
E hereby approve the ranking of the proposers.
6 Section 3. The City Commission of tile City of Boynton Beach, Florida does
7 hereby award the RFP #067- 2110- 12 /TWH 7A Police Department Management Study" to
8 Berkshire Advisors of Bay Village, Ohio ind authorize the Interim City Manager to execute
9 a Consultant Agreement in an amour{ not to exceed $59,000, a copy of which is attached
10 hereto as Exhibit "A ".
11 Section 4. This Resolution shall become effective immediately upon passage.
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12 PASSED AND A OPTED this 2 day of October, 2012.
13 CITY OF BOYNTON BEACH, ORIDA
14 / /
15 / I ∎/ Tiv
16 / Mayor - Wo • • :
18
19 e ayor — M. — v c ray
20
21 _
22 Comm: 10 er
23
24 amilla ��!
25 Commissi e — Ste en ‘91 m
26 A EST:
27 --- - ---
28 /
29 Commissioner — Marlene Ross
..
30 , 'f l • PALLN _,..t.
31 et M. Prainito, MMC i
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32 ty Cle ,
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33 (C. L' •' _ c li
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R12 -102
CONSULTANT AGREEMENT FOR 7
"A POLICE MANAGEMENT STUDY"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter (erred to
as "the City ", and BERSHIRE ADVISORS, INC. hereinafter referred to as "the onsultant ",
in consideration of the mutual benefits, terms, and conditions hereinafter specifie.
1. PROJECT DESIGNATION. The Consultant is retained by the ' City to perform
CONSULTANT services in connection with the project desig -ted. RFP FROM
CONSULTANTS FOR "A POLICE DEPARTMENT MANAGEMEN STUDY" - RFP No.:
067 - 2110- 12 /TWH.
2 SCOPE OF SERVICES. Consultant agrees to perform the se 'ices, identified in Exhibit "A"
attached hereto and incorporated herein by reference, and = erkshire's response contained
in "Section III — DESCRIPTION OF WORK PROGRAM ' D SCOPE OF SERVICES" of
their submitted proposal, including the provision of all abor, matenals, equipment, and
supplies No modifications will be made to the origin scope of work without the written
approval of the City Manager or his designee. �
3 TIME FOR PERFORMANCE. Work under this reement shall commence upon the giving
of written notice by the City to the Consult t to proceed. Consultant shall perform all
services and provide all work product requir pursuant to this agreement by 150 calendar
days from the date written notice is given o proceed, unless an extension of such time is
granted in writing by the City
4 TERM This Agreement shall be for period of six (6) months commencing on the date the
Agreement is executed by the City -
5 PAYMENT The Consultant shall be paid by the Provider /City for completed work and for
services rendered under this greement as follows:
a The total contract pric- as referred to herein, shall be the total amount of payment to
consultant for services pr' ided under this agreement for the entire term of the Agreement
b. Payment for the w• k provided by Consultant shall be made promptly on all invoices
submitted to the City ' operly, provided that the total amount of payment to Consultant shall
not exceed the tot- contract price without express written modification of the Agreement
signed by the City anager or his designee
c The Consult. t may submit invoices to the City once per month during the progress of
the work for p . rtial payment for project completed to date Such invoices will be reviewed
by the City, - - nd upon approval thereof, payment will be made to the Consultant in the
amount ap•roved
d Final .ayment of any balance due the Consultant of the total contract price earned will
be ma. - promptly upon its ascertainment and verification by the City after the completion of
the w•rk under this Agreement and its acceptance by the City.
e •ayment as provided in this section by the City shall be full compensation for work
p: ormed, services rendered and for all materials, supplies, equipment and incidentals
ecessary to complete the work.
f The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement Copies shall be made available upon request
R12 -102
6 OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors
7 COMPLIANCE WITH LAWS Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be renderred under this
agreement.
8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or farture of the Consultant.
9 INSURANCE The Consultant shall secure and maintain in force throughout the duration of
this contract professional liability insurance in the amount of $1,000,000 per occurrence to 2
million aggregate with defense costs in addition to limits
Said professional liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City witin fifteen (15) days of execution of this
agreement
10. INDEPENDENT CONTRACTOR. The Co 'ultant and the City agree that the Consultant is
an independent contractor with respect t• he services provided pursuant to this agreement.
Nothing in this agreement shall be coosidered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement The City shall not be responsible for withholding or otherwise
deducting federal income tax • social security or for contributing to the state industrial
insurance program, otherwis' assuming the duties of an employer with respect to
Consultant, or any employee .f Consultant
11 COVENANT AGAINST 'ONTINGENT FEES. The Consultant warrants that he has not
employed or retained - y company or person, other than a bona fide employee working
solely for the Consul nt, to solicit or secure this contract, and that he has not paid or
agreed to pay any •mpany or person, other than a bona fide employee working solely for
the Consultant, - y fee, commission, percentage, brokerage fee, gifts, or any other
consideration co/ ingent upon or resulting from the award or making of this contract
For breach o violation of this warranty, the City shall have the right to annul this contract
without liab ty or, in its discretion to deduct from the contract price or consideration, or
otherwise -- cover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or continent fee.
R12 -102
12 DISCRIMINATION PROHIBITED The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13 ASSIGNMENT The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City
14 NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision
15 TERMINATION
a The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant
b In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City This section sh .ff' not be a bar to renegotiations of this
Agreement between surviving members of the' Consultant and the City, if the City so
chooses. /
16 DISPUTES Any disputes that arise betweehe parties with respect to the performance of
this Agreement, which cannot be resolved rough negotiations, shall be submitted to a
court of competent jurisdiction in Palm B ach County, Florida This Agreement shall be
construed under Florida Law
17 NOTICES Notices to the City of :oynton Beach shall be sent to the following address:
City of Boynton Be- ch
P.O. Box 310
Boynton Beach L 33425 -0310
Attn. City Ma' ager
Notices to Con Itant shall be sent to the following address:
Ber hire Advisors, Inc.
2 34 Lake Road
say Village, OH 44140
Attn Michael H Walker
R12 -102
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral This
agreement may be amended only by written instrument signed by both City and Consultant
DATED this day of , 20
CITY OF BOYNTON BEACH
City Manager Consultant /
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Attest /Authenticated.
Title , /
/
/
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(Corporate Seal)
City Clerk
Approved as to Form Attest /Authenticated
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Office of the City Attorney // Secretary
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R12 -102
EXHIBIT "A"
Section III — SCOPE OF SERVICES
i
The City of Boynton Beach is preparing for the need to maintain quality police services within
financial constraints. In order to meet these challenges, an extensive analysis and bencmark
of the current deployment and workload must be conducted
A. PROPOSED STUDY
• Document current patrol performance and workload levels
• Establish an existing benchmark and long range performance gOls and objectives for
the Police Department.
• Identify opportunities to improve on performance with exi ing resources
• Estimate the manpower requirements and associate costs that would be needed to
achieve management specified performance objec ' es.
• Provide guidance on routine standard reports tat should be used to track performance.
• Provide suggestions for organizational stru ure
• Identify operational cost savings opportl'inities
B. CURRENT PERFORMANCE
i
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Analyze in -depth four weeks of summ data and four weeks of winter data and assess
variations by time of day, day of wee , season and district The analysis to include all of the
following /
1. Patrol deployment levels
2. Average response tir to different call pnonties
3 Proportion of calls if each category for which response times are unacceptably long For
example, Consult. ' t will determine the proportion of high priority calls that experience
response times , if longer than 10 minutes
4 Document tirni periods during the week in which response times seem excessive
5 Average an•'median time spent on calls with different priorities
6 Proportion •f calls with unusually Tong time spent on -scene
7 Proporti• of calls requiring more than one patrol unit
8 Resou , es allocated to proactive patrol
9 Res•'rces consumed on non -value added activities
C. OPP • RTUNITIES FOR IMPROVEMENT
Exa' ine whether the patrol resources are efficiently deployed over 24/7 time period. Awarded
co sultant is to graph deployment levels against workloads by time of day, day of week, and by
• .trot areas
R12 -102
Consultant will analyze and graph officer response time by call priority level and shift to identify
significant patterns /differences in officer response These response time analyses will delineate
and analyze between the components of officer response; call queue time, travel time, and time
on scene
Consultant will observe and meet with dispatch operations to determine the extent of best
practices employed to efficiently dispatch patrol units
Consultant will be afforded the opportunity to meet with City Manager, Mayor and
Commissioners individually, if needed
D. POLICE OPERATION ANALYSIS
The Consultant is to conduct a comprehensive review of the services the department,
comparing the delivery with other best practices. The focus of the a lysis to include the
following areas
1 Administration, Policy and Procedures, Planning, and Uti ' ation of various best practice
models in the department
2 Deployment of resources, the Consultant to look a identifying opportunities to civilianize
positions to allow more sworn personnel to perf m police duties.
3 Review of the investigations division to dete ine the effectiveness of staff
4. Crime Fighting Strategies -- Provide cn a fighting strategies to strengthen the police
environment
5 Communications — How the corn tenzed aided dispatch /records management system
provides real time information the department and ways that it may be improved
6 Review all aspects of the d- partment including operational and support functions Evaluate
the department's perfor :nce compared to nationally accepted standards
7 Conduct an analysis 4 f the internal functions of the agency to include review of internal
documents such a 'policies and procedures, internal affairs issues, training, discipline,
community relati» s, etc
8 Review exists g deployment, particularly of the patrol force, to determine appropriate
staffing ley s throughout the day with particular attention to the size and number of patrol
zones or/eats
9 Creat a data analysis of the police department workload, staffing and deployment by
obi tively looking at the availability of deployed hours and comparing those to the hours
n essary to conduct operations
1 Evaluate the time necessary to conduct proactive activities to provide the City of Boynton
Beach with a meaningful methodology to determine appropriate staffing levels and forming
the basis for establishing the baseline performance of the police department Then review
that baseline performance capability again the actual performance of the department
11 Evaluate current services for possible outsourcing to reduce costs
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E. CALLS FOR SERVICE vs. WORKLOAD
A data analysis of department workload, staffing and deployment is to be conducted By
objectively looking at the availability of deployed hours and comparing those to the hours/
necessary to conduct operations, staffing expansion and /or reductions can be determir5ed and
projected Additionally the time necessary to conduct proactive police activities (su¢I`i as
directed patrol, community policing and selected traffic enforcement) must be re sewed to
provide the City of Boynton Beach with a meaningful methodology to determineappropriate
costing allocation models.
F. ORGANIZATIONAL STRUCTURE '
Administration Division
Training
Recruiting
Professional Standards f
Internal Affairs
Technical Services
Purchasing //
Public Information
Media Relations
Agency Accreditation //
,
Code Enforcement /
Code Compliance
/
Support Services
/
Investigations /
Evidence / Property/ /
Crime Scene /
Records
/
Uniformed Services/
CAT /
Communit Education
Crime Pr vention
Critical ncident Team
Hono/Guard
Juvenile Programs
K -9
Marine Patrol
Police Explorers
Road Patrol
SWAT
Traffic Unit
/ Communications
Recruitment
Staffing
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G. OBJECTIVES j
The purpose of this study is to provide a concise report outlining the current operations of this/
police department and how it relates to the mission, goals, and core values of the City, as well
as the needs of the local communities This is to include both a top down and bottom up,
analysis We are particularly looking for an evaluation of the leadership, managementind
supervision within the department and how it relates to all levels of staffing It is notanticipated
that the final product will consist of statistical abstracts other than as appendices t6 identify and
explain the final report
The following are the specific Objectives, which are to be addressed in the final report:
1. Evaluate to determine if the Department is adequately staffed and organized to meet the
services expectations of the citizens and the City Commission.
2. Determine if the department has the paid and volunteer personnel assets (quantity and
quality) to do its job
3 Assess how the department interacts with the community and if it is in need of change
4 Review the procedures and practices in place to assure that outcomes of work or action,
by the department, are in accord with statutes ans" mandates
5 Evaluate how efficiently the department is organized to conduct operations
6 Review the mission, goals and values of the epartment, and, evaluate how they relate
to the overall goals of the City, and the co "‘values of diversity, integrity, creativity and
stewardship
7 Assess how effectively the department , •nducts community policing
8 Determine if incidents of unprofessio ►al conduct by department employees are a result
of systemic ineffective managem: t style and leadership capabilities, are isolated
individual acts; or, are a result of deficient or employee disregard of policies and
procedures.
9 Consultant shall present final eport to City Commission if requested and provide to the
City final report in digital for - at and provide ten (10) hard copies
r