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HomeMy WebLinkAboutLD Consulting, LLC - 2014-10-010 0 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LD CONSULTING, LLC FOR EVALUATION OF POLICE DEPARTMENT PROPERTY AND EVIDENCE PROCEDURES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and LD CONSULTING, an Arizona limited liability company, hereinafter referred to as "CONSULTANT". WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 1, 2014, entitled "Professional Services Agreement Between the City of Huntington Beach and LD Consulting for Evaluation of Police Department Property and Evidence Procedures," which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT, and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL WORK CONSULANT shall provide to CITY such additional services as required by CITY, including an audit of policies and procedures of the communications bureau and investigation bureau. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed fifty thousand dollars ($50,000.00), for a total not to exceed sum of fifty-six thousand five hundred thirty-seven dollars ($56,537.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 154873/124931 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 25, 2015 CONSULTANT CITY OF HUNTINGTON BEACH, a LD CONSULTING, LLC municipal,,cgrporation of the State of LI-M print name ITS: (circle one) Chairman/ esi Vice President LMA p ' name ITS: (circle one eeretary/ 'ef Financial Officer/Asst. Secretary — reasurer 15-4873/124931 2 City Manager IMTIATED AND APPROVED: Police Chief APPROVED AS TO FORM. City �(w kr C*Y OF HUNTINGTON BEAMH RECEIVED AUG 2 Professional Service Approval Form Finance Department Amendment # 1 1 Date Requested 8/12/15 2 Contract Number to be Amended N/A 3 Department Police 4 Requested By Chief Robert Handy/Mindy James 5 Name of Consultant LD Consulting, LLC 6 Amount of Original/Prior Contract $6,537 7 Additional Compensation Requested $50,000 8 Original Commencement Date 10/1/14 9 Original Termination Date 9/30/2017 10 Extended Date Requested e 11 Reason for Contract Amendment The original contract was for an audit of policies and procedures of our Property Unit The amendment will be to include an audit of policies and procedures of the Communications Bureau and Investigations Bureau Purchasing proval Sig tun Date 12 Are sufficient funds available to fund this contract? Yes ® No ❑ 13 Business Unit and Ohiect Code where funds are hudoeted Account number Contractual Dollar Amount Business unit object # Fiscal Year 14/15 Fiscal Year Fiscal Year Fiscal Year 10070102 69365 $50,000 $ $ $ $ $ $ $ --s LG�L Budget Approval Signa Dafe / Aa i Departent ead Signat re Date i 491�— 1- l^/S O� ager Approval Signature Date professional service approval form - Id consulting llc REV February 2015 Z— Attar qrent ';;- -6 C1r7AOFa"UN;14..GT 48EACH- S&V.1CWL19+1NG 'W'F1SCAtaYEA1k--2W Is Requestor Part I (Bid) Part 11 (Award) , me IDate Req $ �Date Vendor Term T Amt VA Z.=-S nF Professional services including legal consultation services, psychological consulting, polygraph services, background I Fund (100) Investigationirnedical exams, rape exams, juvenile diversion, crime prevention, annual za medical physician, blood technician services, gang prevention services, physical exams, and LD other consulting and professional services 333,408 M James 09/16114 09116114 Consulting S McNamee Norman Traub Dale Miller 07109115 99,000 M James LD Consulting I!A ota Amend # Date Term Amt 6,537 $326,871 1 12115/14 8/9112-819 18,000 $308,871 $209,871 108/12/15 50,000 $159,871 68,000 �10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LD CONSULTING, LLC FOR EVALUATION OF POLICE DEPARTMENT PROPERTY AND EVIDENCE PROCEDURES Table of Contents 1 Scope of Services............................................................................ .... ....1 2 City Staff Assistance ...................... ........................................... ... .....2 3 Term, Time of Performance............................................................ ............2 4 Compensation ................................ ........................ . .............. ...... 2 5 Extra Work ........................................................... ... .................... ........2 6 Method of Payment ........................ . ............ .... ................... ........3 7 Disposition of Plans, Estimates and Other Documents .................... ..........3 8 Hold Harmless ...................... ... . ................... .................. ...............3 9 Professional Liability Insurance ........................... .................................... 4 10 Certificate of Insurance. . — .................. .............. ........................5 11 Independent Contractor ...................... ............... . ....6 12 Termination of Agreement ........... .... .:.................... . ...................... ............6 13 Assignment and Delegation .. ........................ ............... ... .............. 6 14 Copyrights/Patents..................................................................................7 15 City Employees and Officials . .......... ......................... ...........................7 16 Notices .................... .. . . .............. . ............ ............7 17 Consent ..................................................... ................. . ................ . ..8 18 Modification..................................................................................8 19 Section Headings .................................... .................. ............... ..........8 20 Interpretation of this Agreement.. .. .. . ............. ............... .. ........8 21 Duplicate Original .................... .. ............................ ............. .. .......9 22 Immigration ....................... . . .... . ..... ... . . ................ ...........9 23 Legal Services Subcontracting Prohibited ................. . .................. .... .....9 24 Attorney's Fees ....................... .... ... ........ . . ... ............ .... ................10 25 Survival .................................. . ...........................................................10 26 Governing Law .. ............... . . . ........... ...... .... ............. ...... I ...10 27 Signatories.............................................................................. 10 28 Entirety ....................................... .. .. ........ ............ .................. . .... ...10 29 Effective Date ................... . ..... .... ...... .......... ..... 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LD CONSULTING, LLC FOR EVALUATION OF POLICE DEPARTMENT PROPERTY AND EVIDENCE PROCEDURES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LD CONSULTING, a Arizona Limited Liability Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to evaluate and report upon the property and evidence procedures of the Huntington Beach Police Department; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Mumcipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Dan Olson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agredsurfneVprafessionai sves to $49 10/12 1 of 11 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 1 , 2014 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 60 days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Thousand Five Hundred Thirty-seven Dollars ($6,537 00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6. METHOD OF PAYMENT i CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agreelsurfnet/professional sves to $49 10/12 2 of 11 7. DISPOSITION OF PLANS, ESTMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional sves to $49 10/12 3 of 11 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fads or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfr►et/professional svcs to $49 10/12 4of11 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A provide the name and policy number of each carrier and policy, B state that the policy is currently in force; and C shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professiomd svcs to $49 10/12 5 of 11 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANTs services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agee/surfnet/professional svcs to $49 10/12 6 of 11 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated m Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested - TO CITY: City of Huntington Beach ATTN. Chief of Police 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Dan Olson, President LD Consulting LLC 6635 W Happy Valley Rd. Suite A104, # 26 Glendale, AZ 85310-2609 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs to $49 10/12 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professional secs to $49 10/12 8of11 • provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfiteUprofessional svcs to $49 10/12 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27 SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surf iet/professional sves to $49 10/12 10 of 11 • 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, LD CONSULTING LLC COMPANYNAME CITY OF HUNTINGTON BEACH, a municipal coiporafion of the State of California 0 E(L--it ff Director/Chief (Pursuant To HAVC §3 03 100) 7(cnvlem) t_.S o� name ITnnan restden ice PresidentOVED AS TO FORM•D B �+r t City Attorney {�7 y — ► i� � { �fJ kf Date 4 print name ITS: (circle one 5ecre Ch ief Financial OfficerlAsst. Secretary—Tieasurer a9rce/SMfn0t/profess10na1 $Va to $49 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) See Consultant's Proposal dated August 21, 2014 attached hereto B. CONSULTANT'S DUTIES AND RESPONSIBILITIES. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: ff: EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Consultant's Proposal dated August 21, 2014 attached hereto B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall. A) Reference this Agreement; B) Describe the services performed, C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been 1 Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herem. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement 2 Exhibit B Table of Contents, Huntington Beach Police Department Property and Evidence Procedures Item: Cover Letter Table of contents Project objectives ----------------- Project approach / methodology -- About the firm -----------_____ ___—_ Project consultants - Summary - value for fees -- ----------- Attachments 1 Signature Page 2. Certificate of Liability Insurance 3 Federal tax ID number form W-9 4 Letter of Good Standing from Az Corporation Commission LDConsultingi-LC com Page # 1 1 e;�X 61 r A-- ONSULTING ILL: www Mansul#ingLLC cum - 602-510-8481 Robert Handy, Chief of Police August 21, 2014 Huntington Beach Police Department 2000 Main St. Huntington Beach, CA Dan Olson, President LD Consulting LLC Phone: 602-510-8481 Email Dan(&-LDConsultingLLC com CONSULTING SERVICES FOR HUNTINGTON BEACH POLICE DEPARTMENT LD Consulting is pleased to submit this proposal to the Huntington Beach Police Department (HBPD) for consulting services regarding property and evidence procedures. We understand how important this evaluation is to your organization and feel that LD Consulting is uniquely qualified to conduct this project. The individuals selected for this evaluation have over 40 years of law enforcement auditing experienced as well as years of law enforcement experience LD Consulting is a Limited Liability Company (LLC) based in Arizona Our contact information is listed below. LD Consulting LLC Phone_ 602-510-8481 Email: Dan(a)-LDConsultingLLC corn Website: hftp-//www ldconsultingllc corn Mailing address 6635 W. Happy Valley Rd Suite A104, #26 Glendale, AZ. 85310-2609 Dunn and Bradstreet # 078698624 Federal Tax ID # 45-3848038 W9 - attached Letter of good standing from AZ. Corporation Commission - attached Thank you for the opportunity to submit this proposal 90 Dan Olson, Pre'sdbnt, LD Consulting LLC Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 1 of 6 LD Consulting is pleased to submit this proposal to the Huntington Beach Police Department (HBPD) for consulting regarding your evidence and property procedures We appreciate the opportunity to develop a relationship with your department, and understand how important this engagement is to your organization HBPD Mission Statement: LD Consulting will conduct the engagement in recognition of the Huntington Beach Police Department (HBPD) Mission Statement "We of the Huntington Beach Police Department recognize our obligation to help maintain a safe and secure community We acknowledge our contribution to the quality of Iife within the community The provision of quality police services with the highest professional standards is our pnmary aspiration " Methodology: Our approach to consulting is to provide an independent and objective assurance activity guided by a philosophy of adding value to improve the operations of the HBPD Consulting reports assist management in accomplishing objectives by bringing a systematic and disciplined approach to evaluating and improving the effectiveness of risk management, controls, policies and procedures. Based on information provided by the HBPD the following objectives and scope have been developed for the engagement Objectives: 1 Evaluate previous actions implemented to address issues identified regarding the HBPD property and evidence process. 2 Evaluate current actions being taken by the HBPD to address property and evidence issues 3 Provide a report to HBPD evaluating approaches implemented and/or being considered, and when applicable, identify opportunities for improvement regarding the property and evidence process Planning: Prior to consultants arriving at the site, a review will be conducted of applicable legislation, governmental agreements, policies, previous organizational reviews or audits, as well as other documents identified or determined to be relevant. This review will be based on electronic copies (when possible) of the above listed information forwarded to LD Consulting A liaison for the project within the Police Department LDConsultmgLLC com Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 2 of 6 should be identified to assist with issues such as obtaining documents, information and scheduling Site visits: Consultants will visit the facility site/s to conduct interviews and observations Consultants will need access to relevant police documents, personnel and facilities We will schedule interviews in advance through the Police Department liaison to avoid disrupting police operations. Analysis and draft report preparation: At the conclusion of the site visits, consultants will conduct an analysis of all the information gathered and complete a draft report and submit it to the Chief of Police. The report will contain observations that may include identification of best practices, potential cost savings, and recommendations as warranted. It is anticipated that the draft report will be completed and submitted to the Chief of Police in three to four weeks from the start date, as defined in the terms of this proposal. Final Report: Upon approval of the draft report by the Chief of Police, a final report will be provided to the Chief About the Firm: In 1999, Dan Olson, the President of LD Consulting, was assigned to supervise a large metropolitan police department law enforcement inspections unit. During his assignment, Dan identified a need for inspections and audit training, specifically for swom and non-swom law enforcement professionals As a result, Dan and co-worker, Mike Giammarino, developed an Introduction to Law Enforcement Auditing Course specifically for law enforcement professionals. The training was developed in terms and concepts familiar to law enforcement professionals and relevant to current law enforcement issues In cooperation with the International Law Enforcement Auditors Association (ILEAA) we taught our first course in 2008 Our objective has always been, to train law enforcement professionals in auditing and inspections techniques that have been successfully used to, satisfy accreditation requirements, Reduce law enforcement liability, crime statistics, operational costs, and significantly improves compliance In November of 2011 LD Consulting LLC was founded. Over the years we have trained hundreds of law enforcement professionals from the United States, Canada and the US LDConsultmgLLC com 0 Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 3 of 6 Virgin Islands In addition to training, our firm consults with law enforcement agencies and performs organizational assessments We utilize professionals we have developed relationships with over the years to conduct our audits/assessments. These individuals have demonstrated their expertise in a number of actual training environments as well as inspections and audit engagements Our executive advisory group includes the following individuals: Dan Olson, President LD Consulting: Jack F Harris Phoenix Police Chief (Retired) Erin Kenney Certified Internal Auditor (CIA) Previous, LAPD audit unit commander Joe Epps CPA, Epps Consulting Mike Giammarino. Certified Law Enforcement Auditor Steve Campbell Police Chief For additional information regarding our firm and consultants biographies go to LDConsultingllc com Project Consultants: LD Consulting has the adequate resources with the flexibility to complete this engagement The following consultants from our group will complete the HBPD project Dan Olson: President LD Consulting LLC, CLEA Dan is a Lieutenant with the Phoenix Police Department, where he has worked for over 31 years. For 4 years Dan was a Professional Standards Bureau (PSB) Investigations Sergeant. During his tenure as a sergeant in PSB, he conducted over 50 use of force cases/police shootings, several of which were very high profile in the community. Dan has also completed numerous administrative personnel investigations to include a number of cases involving egregious conduct resulting in employee terminations While assigned to PSB, Dan was promoted to lieutenant and continued to work in the bureau as an Investigations Lieutenant During his career, Dan has worked a number of assignments While assigned to patrol, he was the shift commander in one of the largest precincts in the city with over 100,000 residents. In this role, he was responsible for all the Feld operations in the precinct. LDConsultmgLLC com 5 Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 4 of 6 Dan was assigned to supervise the PSB Inspections Unit where he worked for eleven years. As the Inspections Lieutenant, he was responsible for completing all internal police audits, acting as the liaison with the City Auditor for all City Audits of the police department, operation of the Police Risk Management Unit, project manager for the creation and implementation of the department's Early Intervention System, operations of the Mayor's Security Detail and oversight for the PSB administrative staff During his tenure in the Inspections Unit, internal police audits were completed in accordance with the Commission on Accreditation for Law Enforcement (CALEA) schedule for police department audits. These standards require an audit of all major department components every three years, at the time the department had 28 major components In addition to the audits, Dan and his staff also completed annual audits, as well as ongoing inspections, of the property/evidence facility The Phoenix Police Department property room contains over one million items Dan is currently assigned to the Records Management System (RMS) project team responsible for replacing the Phoenix Police Automated Computer Entry (PACE) system Dan is a founding member of the International Law Enforcement Auditors Association (ILEAA) and served as the president of that organization for two years. He is a member in good standing with the International Law Enforcement Auditors Association (ILEAA), the Institute of Intemal Auditors (IIA), is a Certified Law Enforcement Auditor (CLEA) and has a Masters degree from Northern Arizona University Role in this engagement: As the president of LD Consulting, Dan along with Mike Giammarino will complete the site visit and document their findings in the report Dan will also oversee administrative duties with the HBPD regarding this engagement He will be responsible for the project completion time line He will coordinate and schedule the site visit and the completion of the draft, as well as the final report. Mike Giammarino, CLEA Mike is a Lieutenant with the Phoenix Police Department, where he has worked for 20 years For nine years he was a sergeant assigned to the Inspections Unit Mike has authored numerous audits and non -audit reports and was instrumental in the design/implementation and oversight of the Patrol and Case Management Proactive Inspection programs Currently, Mike directs the Professional Standards Bureau Inspections Unit. As the Inspections Unit Lieutenant, he is responsible for completing all internal police audits and acts as the liaison with the City Auditor and for all City Audits of the police department. Internal police audits are completed in accordance with the Commission on Accreditation for Law Enforcement (CALEA) schedule These standards require an LDConsuitmgLLC com 4 Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 5 of 6 audrt of all major department components every three years. Mike and his staff also complete annual audits, as well as ongoing inspections, of the property/evidence facility Mike has a Bachelor of Science degree in Justice Studies and a Masters Degree in Public Administration from Arizona State University He is a founding member of ILEAA and is a Certified Law Enforcement Auditor (CLEA). Role in this engagement: Mike will complete the site visit along with Dan and document his observations in the report Erin J. Kenney, CIA, CFE, CGAP, and CLEA Erin J Kenney is the Departmental Audit Manager for the Los Angeles Fire and Police Pension Fund with over $14 billion in assets. Prior to joining the Fund in 2010, Erin was the the Acting Commanding Officer of the Los Angeles Police Department's award - winning Audit Division and was responsible for leading the unit beyond a federal Consent Decree and to international recognition for best practices in police auditing and training. Erin is a recipient of the American Society for Public Administration's Henry Reining Award; a past President of the International Law Enforcement Auditors Association, an active member of the Institute of Internal Auditors, the Association of Public Pension Fund Auditors, the Association of Certified Fraud Examiners; and serves on the Association of Local Govemment Auditors' Peer Review Committee A certified instructor for the California Peace Officer Standards and Training Robert Presley Institute of Criminal Investigation, she has developed and continues to conduct police audding training to both sworn law enforcement and civilian audit professionals Erin obtained a Bachelors Degree in Political Science from the University of Southern California Role in this engagement: Erin will consult on the project providing here technical expertise regarding California police operations Based on the experience of the consultants listed above, LD Consulting feels we are qualified to provide sound, independent and objective consulting to the HBPD for this engagement. Value for Fees: LD Consulting is eager to develop a professional relationship with the Huntington Beach Police Department. Based on an analysis of the information provided by the HBPD and anticipated deliverables, our group has estimated the cost breakdown as follows- LDConsuibngLLC com 5 Proposal for Consulting Services for The Huntington Beach Police Department Submitted by LD Consulting LLC August 21, 2014 Page 6of6 Item Work hours Fees- $100 hour Project Planning and Research 5 $500 Site visit, two days on srte with 2 consultants 40 $4000 Analysis and Report Preparation 15 $1500 Subtotal 60 $6000 Expenses/from table below $537 Total Fees for consulting services: $6,537 Miscellaneous Expense calculations Mileage $0 365 per mile — Calculated with Google map mileage roundtnp from Phx to Huntington Beach + 100 miles for local on -site travel 840 miles $307 11 hours travel time N/C Per Diem $46 daily 2 Consultants at 2 5 days @ for a total of 5 days $230 Hotel accommodations 2 nights, provided by HBPD N/A Expense total $537 Terms: One half of contract fee is due prior to the start of the consulting services, the date this payment is received by LD Consulting LLC will be considered the start date for the engagement The remaining 1/2 of the contract is due within 30 days of the receipt of the final report by the Chief of Police. Dan Olson LD Consulting LLC Email Dan@LDConsultmgLLC com Phone 602-510-8481LD Consulting LLC LDConsWbngi-W com Attachments* Huntington Beach Police Department Property and Evidence Procedures Item: Signature page: Certificate of liability insurance Federal tax ID number — form W-9 Letter of good standing — AZ Corporation Commission------------__—_____�—._q LDConsulbngLLC com Agreement for Consulting Services Signature Page The Parties have duly executed the attached proposal/agreement for consulting services for the HBPD property and evidence procedures as of the date first written below Huntington Beach Police Department Robert Handy, Chief of Police Date Consultant/ LD Consulting LLC Dan Olson, President Date t CERTIFICATE OF LIABILITY INSURANCE $1201 01'4`Y' 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 pohcy(ies) must 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 Ileu of such endorsemont(s) CO PRODUCER NAM CT Patrick J Halloran, LUTCF Halloran Insurance PHONE s1_fitl? 4,18�1 I j! 1�02 �►67-3R79 727 E Bethany Home Rd Suite A-104 nDIE55 PhoenK AZ 85014 INSURMUS) AFFORDING COVERAGE NAIC#__- INSURED L D Consulting, LLC -- — - CIO Dan Olson INSUrwRc 4614 W Softwind Dr INSURER D GIendale AZ 85310 1 INSURER E r�. r, �.. .-rn�rtrrrart= rn reanco- i2FV1_C!!1N NIItU1FTFR- T14IS 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 SUGHI POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ LT.%--'- TYPE OF INSU011R,RANCE I l p --- FIDUCY NUMBER MwDCDIYYYY N Y P LIMITS 1 T~ GENERAL LIABILITY { s EACH OCCURRENCE S 1,000.000 4 100,000 ' x COMMERCIAL GENERAL UABILITY 3I-�-';I'—' i _ PREAtlgp Ea occurterrce ' CLAIMS -MAUL � OCCUR i ~ , I wiM EXP (Any we pmon) s 5 000 X j X553916 11010912013 10/09/2014 pERSONAL&AOVINJURY s GENERALAGGREGATE s 2,ODO,000 I PRODUCTS - COMPIOP A GENT AGGREGATE LIMIT APPLIES PER _�,000 x I POLICY I I PRO I Loc S AUTOMOBILE kJABWTY F� COMBINED SINGLE LIMIT ( - ✓ ,(Ea aINED) IS _ ANY AUTO 1 BODILY IN.RIRY (Par personl is -�I- -' ALL OV%NED SCHEDULED AUTOS � AUTOS I 6 LYINJURY(Per accxlerH)�S - J 1 NON -OWNED GE AMA g HIRED AUTOS AUTOS Per a .._.... f is UMBRELLA UAS OCCUR LEACH OCCURRENCE 1 S EXCESS LIAR CLAIMS MADE l AGGREGATE__ ' $ _ DEO 3 RETENTIONS � S WORKERS COMPENSATION I ; ' W-STATU- I OTri- 1 + TORY LIMITS -R _ _...__._._ AND EMPLOYERS LIABILITY j ANY PROPRIETOR)PARTNEREXECUTIVE Yf N i ' L EEACH ACCIDENT S 1 OFFICEMEWER EXCLUDED? �, N l A 11 ; '-"-""�' l [Mandatory ra NHI E L DISEASE - EA EMPLOYEE S -.. . b tfyes, de —ender ' i EI-DISEASE-POLICY U%11T $ ProfessionaltiabiKy !� i I MGB36793 10312912D14 , 03/2912015 PL,- 1,000,000 DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (Attach ACORD 101, Additiomi Remarks Schedule, it more space is required) Halloran Irsurance serves L D Consulting General Liability and Professional Liability policies both are in effect and paid in full, thus no cancellation will occur before expiration date unless otherwise notified r ArVIKI Huntington beach Police- Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REPRESENTATTVE HLuittngton Beach CA. 92648 i Patrick J Halloran, LUTCF l9 Tya8-.ctiTU ALVrcU LVKI"VRFlirvlY .vlr rryrrta rvatxr rru. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Form W11111119Request for Taxpayer Cave Form to fade {Rev Augus=131 identification Number and Certification requester_ I not Send t0 the IFira. tea Deparunent of the Tressu y intamal ReVenne rT Name (as shown on your income tax return) LD Consulting LLC Business namefaus2garded amity name 9 different from above t3 m M Check appraprr*Je box for'aderal tax classr"Caborr. Exemptions (zee rnstructions)' c b ❑ Individual/sote proprietor ❑ C Gorporalion ❑ S Corporation ❑ Parmership ❑ Trustiestate Exempt payee code fit any) 3 Q Limrted habOrty company Exemption fiorn FATGA reporting c � code (if any) [] Dmar (see instructions) 0- U Address tnumber, street, and apt or sufle no) Requester's name and address ficV, ol) w 6635 W. Happy Valley Rd. Suite At C14, #263 o Cry, state, and ZIP code Glendale, AZ. 85310 ifast account nurnberN here (optonalj Taxpayer Identfication Plumber (TIN) Enter yourTiN Ir the appropriate box. The i IN provided must match the name given on the 'Name litre Social security number to avoid backup vi thholding For n,dividuals, this is your Social security number (SSN)_ However, for a l resident aien, sole proprietor, or disregarded entity, spe tl% Part i Insin)ahons on page 3 For other i� — - - - z j - � 1 entities, rt is your employer iderrtif+catton m,mber (EIN) If you do not have a numbs-, see Now to get a I j 77N on page 3 Note. If the acc lint is in more tFran one name, see the chart on page 4 for guidelines on whose EnrPloyendentiTcation uanber number to sitter. [�_ ].5 318 4 8(4 3 8 1 { Certification tinder penalties of perjury, I certify ttteL 1. The number shown on this form is my correct taxpayer Idenuticaiton rcumbet for I am waiting for a number to be rssueo to me), and 2. I am not subject to backup vnthholding because (a) I am exempt from backup withholding, or (b)1 have not been notified by the Wemai Revenue Service (IRS) that I am subject to backup withholding as a result of a (mllure to report all interest or diwdends, or (c) the IRS has notified rr-e that I am no longer subject to, backup withholding, and 3 1 am a U S. ortizen or other U_S person (daffned below) and d The FATCA code(s) entered of i this Jon {f any) md(cating that i ain exempt. from FATCA reporting is correct Certrficanon instructions You must cross out item 2 above if you have been notified by the IRS itiat you are currently subject to backup wil) Wldiny because you have fatted to report all interest and drvldentis on your tax return For realytata ttansaebons item 2 ooes not apply. For mortgage interest polo, acqursrtr, donment uJ seCkI�-property, C�afiiN{i i1 o�'dp�t)t, ontnbUndrls to an incllviduai retirement arrangement A A), anG generarty, paymentspAher t rest and dnaderids, aI" r red io skjr certification, but you most provide your correct TiN See the irstr ucbons on paae43. >. oit,Ute 9iynatureo�„ � � t✓ � tk �.� , Here US person Y ��r..� -� �' V f� lr�.l Datr Y -A General Instructions Sec'ron references are to the intero� Revenue Code\unless otherwise noted Future developrttents The RS rrp created a page qn IRS gm for information about Form W--3 at r WWXs yov?ill,9 information aboin any future dMetopmeris affecting Form W9 fstx n as iegigmion enacted a tWe ,e release it) will be posted on that page, } j Purpose of Form \ Jj1 A parson +rho is •equired `.o Fife an rr �6on�,,te�irn with the IRS must obtain tour correct taxpayer ider thficabon number (3tN-repay fur example, income paid to you, payments made to you in settlernen, of payment card and third party network transactions, real estate trarnw-bons, mortgage interest you paid, acquisRlon or aoarxionrnen- of secured prom-ty, cancellation of debt, or crintnbutions you made to an lP Use Form Vd-9 only if ymi are a U S person (including a resident alien) to provide your correct TIN to the person regU637rg rt,the requester) and, when applicable to 1 Certrf i that the TIN you are gdvnp Is correct (a you are waiting For a number to be issuedi, 2 Certify Brat you are rot subject to baciup wi l t.'wtdrrrg or 3 Gleansxentptron Vorn backup, vMhholdrng ir;ou are a S exempt payee if applicable, you are also csttifyuro that as a U S perskui, your allocable scare at art partnership income trom a U S :rode or business is not sublem to the svitfitwAding tax on foreign carineei sham of elfactivel_v connected MOrn", a- a 4 Certify that FATCA cAde(s) entered on this form (if aria) indicating that you are exempt from the FATGA reporting, Ts correct Note I you are a U S p son arto a requester gives you a form ocher than Form W-9 to request your TiN yc.i must use the requester's fb W if it Is substantia'y similar to the Form W-3 Definition of a U & person_ For federal tax ourposes You are Q*nstdered a U S person d you are • An aide joust who -s a U_S kahzen or U S resident alien, • A partnership, corporator, company, or assoaaLon created o• orWized in the Unwed states or under the fa,,�s of tt'e United Srates, • An estate (other thin 3 foreign estate), or A domestic test (as defined in Regulations section 3Q1 77111-T Special rules for partnerships Partnerships that r,ondut.' a cads or business in the United Stares are cdeneralSv required to pay a withholding tax under section 144 on any f.aeign partrFeW share of eftectrve'r, connected taxable income from such business Fu"ar, m cerarn cases whe•e a Form W-9 has not been received itic nrlp., under section 1446 require a partnership io presume that a partner, is a foreign parson and pav the section 1440 withholdng tax. Therefore, 4 you are a U-S. nersor tnai is a panne' in a nartnership conducting a trade or business in it ip Unrtn3 Stmn-i prnvelc F=m W Sic the. partnaizrtp to estab5ahyour U S mat s and avoid sei; toti 1448 withholding on your share of partnership income Car No IGMX FcrmW-!epev 8?013) Office of the CORPORATION CONIAUSSION CERTIFICATE OF GOOD STANDING To all to whom these presents shall come, greeting - 1, Jodi A. Jerich, Executive Director of the Arizona Corporation Commission, do hereby certify that "LD C0A'SULTLVGLLC*-:- a domestic limited liability company organized under the taws of the State of Arizona, did organize on the 25th day ofAugust 2011. I further certify that according to the records of the Arizona Corporation Commission, as of the date set forth hereunder, the said kmited ltability company is not administratively dissolved for failure to comply with the provisions ofA.iZS section 29-601 et seq., the Arizona Limited Liability Company Act; and that the said limited liability company has not filed Articles of Termination as of the date of this certificate This certlffcate relates only to the legal existence of the above named entity as of the date issued. This certificate Is not to be construed as an endorsement, recommendation, or notice of approval of the entity`s condition or business activities and practices IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the Arizona Corporation Commission. alone at Phoenix, the Capital, this 8th Day of March, Z013, A D. A. Ter ch, eCUtive Director 1,.: 881581