HomeMy WebLinkAboutLD Consulting, LLC - 2019-07-03 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LD CONSULTING, LLC
FOR
JAIL ASSESSMENT
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 LLC hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to perform a complete
assessment of the Huntington Beach City Jail; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal 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.
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3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on , 20� (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 three (3) years 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 Twenty-Thousand Dollars ($20,000.00).
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
CONSULTANT shall be paid pursuant to the terms of Exhibit"B."
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7. DISPOSITION OF PLANS ESTIMATES 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.
8. HOLD HARMLESS
A. 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.
B. To the extent that CONSULTANT performs"Design Professional Services"within
the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to
defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault.
However, notwithstanding the previous sentence,in the event one or more other defendants to the
claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution
of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding
unpaid defense costs. The duty to indemnify,including the duty and the cost to defend, is limited
as provided in California Civil Code Section 2782,S.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by CONSULTANT.
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
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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 fails 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 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;
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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 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 CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by
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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.
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 in Section I 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.
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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: TO CONSULTANT:
City of Huntington Beach LD Consulting, LLC
ATTN: Chief Robert Handy Attn: Dan Olson
2000 Main Street 6635 W. Happy Valley Rd., Suite A104,#263
Huntington Beach, CA 92648 Glendale,AZ 85310-2609
17. CONSENT
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.
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
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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 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
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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.
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
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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.
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.
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
LD CONSULTING, LLC California
COMPANYNAME
- _ Ieetor/
By: (Pursuant To HBMC§3.03.100)
Dan Olson/President APPROVED AS TO FORM:
print name
ITS: (circle one)Chairman/President/Vice President
AND �Q
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By. N/A City A Vttorney &�
Date
print name RECEIVE AND FILE:
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
City Clerk
Date
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i
EXHIBIT A
LD....Cmill oNsuaiNG LLC
l
1NW1011onsultingLLC.sam 602-510-8481
Robert Handy, Chief of Police May 22, 2019
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Dan Olson, President
LD Consulting LLC
6635 W. Happy Valley Rd. Suite Al04, #263
Glendale, AZ, 85310-2609
Proposal for Jail Assessment:
At your request we are pleased to submit this proposal to the Huntington Beach Police
Department (HBPD) to complete an assessment of your Jail, We appreciate the
opportunity to develop a relationship with your department, and understand how important
this assessment is to your organization.
LD Consulting is uniquely qualified to conduct this assessment. Our executive advisory
group has over 100 years of law enforcement experience from line level officer and
professional police auditor, to police chief.
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@LDConsultingLLC.com
Website: http://www,ldconsultinglic.com
Mailing address:
6635 W. Happy Valley Rd. Suite Al04, #263
Glendale, AZ. 85310-2609
Federal Tax ID#45-3848038,
Federal tax form W9- attached
Letter of good standing from AZ. Corporation Commission - attached
Arizona Corporation Commission file number L17034007
Dunn and Bradstreet#078698624
Thank you for the opportunity to submit this proposal.
Dan Olson,
President, LD Consulting LLC
'I
Huntington Beach Police Department
LD Consulting LLC
Page 2 of 14
HBPD Mission Statement:
LD Consulting will conduct the engagement in recognition of the 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 life within the community. The provision of
quality police services with the highest professional standards is our
primary 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 have been developed
for consideration for this engagement.
OBJECTIVES
• Complete a staffing and cost analysis as compared to to agencies of a similar size.
• Evaluate current operations to be sure that the facility is operating within generally
accepted practices, to include:
a. Administration
b. Operations
c. Supervision
d. Training
e. Facility and equipment
ASSESSMENT CRITERIA
SECTION A: Administration
1. Organizational Structure
2. Staffing
3. Budget
4. Revenue Projections
5. Inmate Health and Welfare Funds
6. Contracts with External Customers
7. Contracts for services with Orange County
8. Contract for services with External Vendors
9. Policies and procedures
10. Complaint Process
Huntington Beach Police Department
LD Consulting LLC
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11. Mandatory State Requirements
SECTION B: Operations
1. Use of force
2. Inmate strip searches
3. Inmate self-harm and suicide risks
4. Classification
5. Conditions of confinement
6. Inmate welfare checks and documentation
7. Medical and mental health care
8. Detox procedures
9. Inmate grievance procedure
10. Inmate discipline system
SECTION C: Supervision
1. Span of control
2. Quality control, Inspections
3. Employee recognition programs
4. Performance Evaluations
5. Customer service
SECTION D: Training
1. Training requirements
a. Defensive tactics
b. Inmate self-harm and suicide
c. Medical care
d. First aid and CPR
SECTION E: Facility/Equipment
1. Facility security
2. Inmate supplies
3. Staff work areas and equipment
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
digital copies (when possible) of the above listed information forwarded to LD Consulting.
A liaison for the project within the Police Department should be identified to assist with
issues such as obtaining documents, information and scheduling.
Huntington Beach Police Department
LD Consulting LLC
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Site visits:
Consultants will visit the facility site to conduct interviews and observations. Observations
will include field analysis and may employ sampling as needed. We will obtain
documentation required to complete a thorough analysis of each area of the review. We
will need access to relevant jail documents, personnel and facilities. We will schedule
interviews in advance through the Police Department liaison to avoid disrupting jail
operations.
Any anomalies found which indicate significant risk exposure will immediately be
communicated to Department management in order to facilitate timely correction. Both
the anomalies and the Department response may be included in the final Audit Report.
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. During the 30 days after a digital version of
the draft report is provided to HBPD, any issues or concerns shall be addressed and the
applicable revisions made in the final report. Final payment is due in a minimum of 45
days after the draft report is provided to HBPD, unless there are ongoing concerns that
cannot be resolved during the 30-day draft review time period.
Final Report:
Upon approval of the draft report by the Chief of Police, a final report will be provided to
the Chief.
Project Consultants:
LD Consulting has the adequate resources with the flexibility to complete this
engagement. If LD Consulting is chosen to conduct an evaluation of jail operations for the
HBPD, the following consultants will complete the project.
Executive Sponsor: Dan Olson, President LD Consulting LLC, CLEA
Since founding LD Consulting in 2008 Dan has completed a number of consulting
engagements with law enforcement agencies in the US as well as the US Virgin Islands.
Dan retired after serving 34 years with the Phoenix Police Department. For 4 years Dan
was a Professional Standards Bureau (PSB) Investigations Sergeant. During his tenure
as a sergeant in PSB, he conducted over 30 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 field operations in the precinct.
Huntington Beach Police Department
LD Consulting LLC
Page 5 of 14
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. As a part of the CALEA audit schedule, Dan and his staff completed
numerous audits of all major operations of the Phoenix Police Department. This included
on going proactive inspections as well as annual audits of the property and evidence
facility of the Phoenix Police Department, which contains over 1.5 million items.
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 Certified
Law Enforcement Auditor (CLEA) and has a Master's degree from Northern Arizona
University. Dan is the president of the Law Enforcement Inspections and Auditing Group
(LEIAG.ora).
Role in this engagement: Dan will be responsible for all administrative issues regarding
the contract and the completion of the report.
Project Manager: Penny Bartley
Penny Bartley recently retired after nine years as the Executive Director of South
Correctional Entity (SCORE Jail), in Des Moines, Washington. Penny created the initial
proposal for SCORE, which was established in 2009, and is the only regional jail facility
that is an independent government agency in the State of Washington. It provides jail
services for seven-member cities and numerous contract agencies in the metropolitan
Seattle area. SCORE has a capacity of 802 inmates and handles more than 24,000
bookings per year. While she was Executive Director, SCORE became the first jail in
Washington to receive accreditation through the Washington Association of Sheriffs and
Police Chiefs (WASPC). SCORE also obtained accreditation through the National
Commission on Correctional Healthcare (NCCHC) and successfully completed an audit
for compliance with PREA standards.
Prior to the creation of SCORE, Penny worked for the Renton, Washington, Police
Department where she ran the divisions responsible for jail operations, and the records
and evidence functions for 15 years. She was also the Public Information Officer for the
Department. Her early career including working for police departments in Lynnwood and
Normandy Park, Washington.
Penny has a Master's Degree in Justice Administration from University of Alaska
Fairbanks and a Bachelor's Degree in Law and Justice from Central Washington
University. She is a Certified Jail Manager (American Jail Association) and a Certified
Corrections Executive (American Correctional Association). Penny has been a presenter
and instructor at local, state, and national conferences on a variety of correctional topics
Huntington Beach Police Department
LD Consulting LLC
Page 6 of 14
including facility construction, operations, liability, and working with advocacy
organizations in jail settings. Resume attached.
Rote in this engagement: Penny will be the project manager and will oversee the
planning, on site field work and completion of the report.
Consultant: Ross Bartley, LEIAC
Ross Bartley recently retired as a sergeant from the Seattle Police Department after 31
years of service. During the last nine years of his career, he was assigned to the Audit,
Policy and Research Section supervising policy development, audits and inspections, and
research projects. Ross was also the Departments CALEA Accreditation Manager leading
a successful effort for reaccreditation in 2010. When SPD entered into a Settlement
Agreement with the Department of Justice in 2012, Ross' duties became focused solely
on the audit function. During the last three years, he was assigned as the Acting Lieutenant
in command of the Audit, Policy and Research Section. Ross has attended law
enforcement audit training conducted by the Los Angeles Police Department, completed
the Law Enforcement Inspections and Auditing Certificate program (LEIAC), and has
obtained DOJ certification as compliance auditor for the Prison Rape Elimination Act
(PREA) standards.
Ross began his career in 1987 patrolling the Capitol Hill and Central District area of SPD's
East Precinct, Other career assignments include the Crime Analysis Unit, Sexual Assault
and Child Abuse Unit, and the Training&Education Section where he supervised the post
academy training for new officers, training programs for emergency vehicle operation,
homeland security/terrorism, and other topics. Resume attached.
Role in this engagement: Ross will assist as needed with on-site observations /
interviews, provide technical assistance and author I review sections of the report.
Value for Fees:
Based on an analysis of the information provided by the HBPD and anticipated
deliverables, our group has estimated the cost breakdown as follows:
Item Work hours Amount$100 Hr.
Project Planning and Research 40 $4,000
Site visit, two days on site with 2 consultants 16 $1 600
Analysis and Report Preparation 80 $8,000
Subtotal 136 $13,600
Expenses/from table below $683
Total Fees for consulting services: $14,283.00
Huntington Beach Police Department
LD Consulting LLC
Page 7 of 14
Miscellaneous Expense calculations
Mileage $0.575 per mile — Calculated with Google map mileage roundtrip $483
from Phx to Huntington Beach + 100 miles for local on-site travel 840 miles
Per Diem $50 daily 2 Consultants at 2 days @ for a total of 4 days $200
Hotel accommodations, one room provided by HBPD, total of 3 nights NIA
Expense total $683.00
Perms:
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 on the receipt of the final report by the Chief of
Police, or 45 days after receipt of the digital version of the draft by the Chief of Police. If
there are ongoing concerns that cannot be resolved during the 30-day draft review time
period, payment terms may be negotiated based on the resolution of concerns.
Dan Olson
LD Consulting LLC
Email: Dan(a)_LDConsultinaLLC.com
Phone 602-510-8481
Huntington Beach Police Department
LD Consulting LLC
Page 8 of 14
Attachments:
1. Resume, Penny Bartley
2. Resume, Ross Bartley
3. LD Consulting federal tax form W9
4. LD Consulting letter of good standing from AZ. Corporation Commission
On site consultant resumes:
PENNY BARTLEY
Professional Summary
Results oriented, innovative Jail Director with progressively responsible positions in jail
management and law enforcement. A skilled administrator with expertise in the
following areas:
Jail Operations
Contract Negotiations
Media Relations
Budget Development
Organizational Development
Grant Writing and Administration
Regional Initiatives
Accreditation
Public Speaking and Training
Employment Experience and Significant Accomplishments
LD Consulting, LLC, Project Manager
2019
■ Instructor for Jail Inspections and Auditing Course
■ Jail expert for Police and Detention Facility assessment at Pascua Yaqui Tribe
South Correctional Entity, Executive Director 2009—2018
• Responsible for the creation of an independent regional government that
constructed and operates an 802-bed regional jail
■ Developed a corresponding Public Development Authority for the issuance of
$86 million in construction bonds for the new jail
■ Served as project manager for the construction of new jail facility, completed the
construction 2 months ahead of schedule and $5 million under budget
■ Coordinated design work for 164,000 square foot jail facility
■ Coordinated government condemnation of property necessary for new jail,
worked with assigned legal counsel to negotiate settlements with property
owners
Huntington Beach Police Department
LID Consulting LLC
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■ Responsible for all start-up operations of the new organization and jail, including
hiring of all subordinate staff, policy and procedures, budgets and organizational
development
■ Implemented medication assisted therapy program for inmates with substance
abuse disorders
• Responsible for agency becoming first jail in Washington to be accredited by the
Washington Association of Sheriffs and Police Chiefs
■ Completed voluntary PREA Audit with 100% compliance
■ Responsible for extensive work with Disability Rights Washington to become
model jail in Washington to address inmates with a variety of sensory,
ambulatory, cognitive, and substance abuse disorders
• Responsible for all employment decisions, including hiring, termination, and
promotions of all staff
■ Responsible for negotiations with contractors, vendors, and represented labor
groups
• Responsible for handling and resolving all claims and litigation against the
agency
■ Responsible for managing a $38 million annual budget
Renton Police Department, Staff and Auxiliary (Jail) Services Manager 1994 -2009
Staff Services Manager 1992 . 1994
Community Programs Coordinator 1989—1992
• Responsible for the operation of a 50-bed jail
• Managed jail remodel to accommodate handling of juvenile arrestees within
Washington State standards
■ Served as Records Custodian for the police department
■ Served as Public Information Officer for the police department, managed critical
information at high-profile incidents including homicides and officer involved
shootings
• Oversaw the evidence function and was responsible for audits
■ Successfully supervised the evidence function during the CALEA on-sight
inspection
■ Responsible for updating of department computer functions, including installation
of mobile data computers in patrol vehicles
Lynnwood Police Department, Crime Prevention Coordinator 1987—1989
Normandy Park Police Department, Records Specialist 1984— 1986
Committees and Memberships
• Washington State Legislative 1290 Sub-Committee to modify Medicaid eligibility
for inmates at the time of release from jail
■ Chair- King County Jail Operations Group—responsible for coordinating county-
wide jail services for 39 municipal agencies within King County, Washington
Huntington Beach Police Department
LD Consulting LLC
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■ King County Jail Administrative Group—responsible for coordinating county-wide
jail decisions, such as contracting with out of county agencies, for municipal
agencies within King County, Washington
■ King County Jail negotiations group for jail services between King County and
the 39 municipal agencies in King County
■ Chair-Yakima County Jail negotiation group for negotiations for jail services
between Yakima County and the 39 municipal agencies in King County
• Chair- King County Automated Fingerprint Identification System Advisory
Committee. Responsible for management of voter approved levy funds to
manage regional fingerprint system
■ Washington Association of Sheriffs and Police Chiefs Corrections Committee
■ Washington Association of Sheriffs and Police Chiefs Loaned Executive
Management Assistance Program (LEMAP)
■ Commissioner-Washington Association of Sheriffs and Police Chiefs
Accreditation Program
Technical Assistance to other Agencies
■ Lacey, Washington Police Department, 2005
Under LEMAP, reviewed agency for compliance with best practice in areas
including records management and jail services
• Spokane,Washington Police Department, 2006
Under LEMAP, reviewed agency for compliance with best practice in areas
including records, arrestee interviews and transportation, and physical security
• Kirkland,Washington Police Department 2007, 2017
Under LEMAP, reviewed agency for compliance with best practice in areas
including records, and jail operations, and providing services for inmates with
disabilities
• Skagit County, Washington 2011
At the request of Washington Association of Counties, spoke to local officials
about creating a regional jail facility, how to fund and construct a new jail, and
potential funding for a regional organization
■ Whatcom County, Washington Sheriff's Office, Build a New Jail Now Committee,
2012
At the request of the citizen's committee, provided information on the
construction of a new facility and potential design
■ Skagit County, Washington Sheriff's Office, 2015—2017
At the request of the Sheriff and Jail Administrator, provided technical assistance
on the design of a new jail, transition to a new facility, and operational concerns
■ Bothell, Washington Police Department 2014
At the request of the Support Services Captain, reviewed the operations of the
police department in handling of inmates within short-term holding facility
• Whatcom County Cities New Jail Workshop, 2016
At the request of local officials, addressed possible regional jail and necessary
organization and development to replace existing county jail facility
■ Jefferson County, Washington Sheriff's Office, 2017
Under LEMAP, reviewed agency for compliance with best practice in jail
operations, specifically jail medical care
■ Kent, Washington Police Department, 2017
Huntington Beach Police Department
LD Consulting LLC
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At the request of the City Attorney, addressed concerns about working with
disability organizations and the current operations of their jail
Highlights of Presentations
■ Instructor Development, Washington State Criminal Justice Training Commission
1991 — 1993
• Instructor Development,Alaska Department of Public Safety, 1994 - 1995
■ Dealing with the Media for Correctional Professionals, National Institute of
Corrections, Colorado and New Jersey, 1995- 1996
■ Pacific Northwest Municipal Finance Conference— Regional Initiatives and
Organizational Development- 2009
• Association of Washington Cities—The Power of Regional Cooperation—
Spokane, Washington, 2009
• The SCORE Project, King County, Washington, Regional Law Safety and Justice
Committee, 2011
• Working with the Contractor During the Construction Process—American Jail
Association, 2012
• Regional Jail Initiatives—American Jail Association, 2012
• Working with Advocacy Organizations—2016
■ Working with Advocacy Organizations, Washington Association of Sheriffs and
Police Chiefs, 2016
• Jails 201, Washington Cities Insurance Authority, 2017
■ Jails 201, Washington Association of Sheriffs and Police Chiefs, 2017
■ Numerous Presentation at the Cities of Auburn, Burien, Des Moines, Federal
Way, Renton, SeaTac and Tukwila City Councils from 2007 - 2018
Education and Training Highlights, Certifications
• Master of Arts—Administration of Justice, University of Alaska Fairbanks
• Bachelor of Arts— Law and Justice, Central Washington University
• California Police Chiefs' Leadership Institute
• Washington State Criminal Justice Training Commission
■ National Institute of Corrections—Correctional Leadership Development
■ Certified Jail Manager—American Jail Association
■ Certified Corrections Executive—American Correctional Association
Grant Writing and Administration
■ Victim Assistance Grant, Department of Justice, 1991 - 1993
■ Cops More '98 Technology Grant, Department of Justice, 1998- 2000
• Mental Health Peer Support Grant, Bristol Meyers Squibb Foundation, 2012 -
2014
■ PREA Implementation, Department of Justice, 2013-2014
• Mental Health Collaboration Grant, Department of Justice, 2014 -2016
Huntington Beach Police Department
LD Consulting LLC
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ROSS BARTLEY
Professional Summary
Law enforcement professional with 31 years of experience and a history of developing
creative approaches to accomplishing the mission of his assigned unit and the Seattle
Police Department. Experience includes work in patrol operations, investigations, crime
and intelligence analysis, and training. The last ten years were devoted to compliance
with accreditation and consent decree requirements through audits and inspections.
Employment Experience and Significant Accomplishments
LD Consulting, LLC, Consultant
2019
■ Instructor for Jail Inspections and Auditing Course
■ Team member for assessment of Pascua Yaqui Tribal Police Department
Seattle Police Department 1987—2018
Sergeant and Acting Lieutenant-Audit, Policy and Research Section
2008—2018
■ Assigned as the CALEA Accreditation Manager and first line supervisor of Audit,
Policy and Research Section
■ Participated in CALEA mock assessment teams for other agencies preparing for
CALEA on-site assessments
■ Successfully led the Department to re-accreditation in 2010
• After SPD entered a Settlement Agreement with the Department of Justice in
2012, responsibilities were focused solely on expansion and development of the
audit and inspection function
• Oversaw expansion of audit and inspection staff from one to eight full time
auditors
• Identified sources for auditor training and established training requirements
■ Developed audit and inspection policy and procedures
• Developed a long-term audit and inspection plan to measure progress and
support Settlement Agreement compliance
• Appointed as Acting Lieutenant of the Audit, Policy and Research Section from
2016-2018 with overall command responsibility reporting directly to the
Compliance Bureau assistant chief
■ In 2018, submitted the audit and inspection plan for the final two-year Settlement
Agreement maintenance period and recommendations for continuing self-
assessment after the end of court monitoring
Sergeant, Training & Education Section 2004—2008
■ Administrative supervisor for all Seattle Police recruits attending the Basic Law
Enforcement Academy (BLEA) at the Washington State Criminal Justice Training
Commission, with as many as 60 recruits at one time
Huntington Beach Police Department
LD Consulting LLC
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• Supervised four week long post-academy training for all new officers prior to
entry into field training, incorporated SPD in-service training tactics into the new
officer training.
■ Supervised mandatory training programs to include emergency vehicle
operations, crowd control, first aid, hazardous materials response
■ Incorporated scenario based tactical training, including the use of simunition
firearms, with emergency vehicle operations training
■ Supervised development of post-911 training related to terrorism threats and
response, weapons of mass destruction, and federally mandated requirements
for the National Incident Management System
■ Developed schedule for annual department training program and process for
monitoring training attendance
Sergeant, Patrol (East Precinct) 2003—2004
■ Responsible for supervising a third watch (night time) patrol squad of eight patrol
officers in a high crime area of the Seattle Police East Precinct
■ Assigned as the Field Training Supervisor for third watch field training operations
Detective, Sexual Assault and Child Abuse Unit 2000—2003
■ Responsible for follow up investigation on assigned adult sexual assault and
child abuse cases to include crime scene processing
Detective, Crime Analysis Unit 1995—2000
■ Involved in development of first crime mapping efforts for the Seattle Police
Department
■ Developed the department's first crime hot spot mapping process utilizing
ArcView GIS and Spatial Analyst software
■ Developed process for crime series identification and analysis using database
and GIS tools
• Used mapping and analytical tools to support planning for the World Trade
Organization (WTO) conference, and to support operations during the WTO riots
Officer, Patrol(East Precinct) 1987—1995
■ Patrol officer assigned to First Watch patrol in the East Precinct's Capitol Hill and
Central District areas
• Selected as the long-term acting sergeant for 10 months during the medical
absence of the regular sergeants
■ Worked in a specially designated two officer patrol unit focusing on suspected
drug trafficking locations and subjects in the East Precinct for the purpose of
gathering intelligence in coordination with the Drug Enforcement Administration
Highlights of Professional Education, Training and Certifications
• Basic Law Enforcement Performance Auditing Course—Los Angeles Police
Department
Huntington Beach Police Department
LD Consulting LLC
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■ Law Enforcement Inspections and Auditing Certificate (LEIAC)
■ Prison Rape Elimination Act Auditor Certification—U.S. Department of Justice
■ Crime Analysis and Criminal Behavioral Analysis Training Courses—Alpha
Group
■ Instructor Development and Adult Learning Principles—Washington Criminal
Justice Training Center
■ Numerous courses in explosive, chemical and radiological weapons of mass
destruction, terrorism threats, local preparedness and protection—Office of
Domestic Preparedness
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:
Item Work hours Amount $100 Hr.
Project Planning and Research 40 $4,000
Site visit, two days on site with 2 consultants 16 $1,600
Analysis and Report Preparation 80 $8,000
Subtotal 136 $13,600
Expensestfrom table below $683
Total Fees for consulting services: $14,283.00
Miscellaneous Expense calculations:
Mileage $0.575 per mile — Calculated with Google map mileage roundtrip $483
from Phx to Huntington Beach + 100 miles for local on-site travel 840 miles
Per Diem $50 daily 2 Consultants at 2 days @ for a total of 4 days $200
Hotel accommodations, one room provided by HBPD, total of 3 nights N/A
Expense total $683.00
B. Billin
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;
1
Exhibit B
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
malting 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 brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
5. 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
PROFESSIONAL SERVICES
FISCAL YEAR 2019/20
Police
Current PSA Balance: $269,025
Impact to Future Years
Date Deseri tion Amount Notes FY 19/20 FY 20/21 FY 21/22
Psychological exams,background,polygraph,legal
consultations,rape and medical exams,blood-
withdraw technician service,annual medical physician
7/1/2019 review of facility and procedure services,crime
prevention,juvenile diversion,gang prevention,
hazmat physical exams,flight crew physicals,SWAT
physicals,hepatitis shots&TB testing,and other
related professional services. $335,825
Total PSA $ 335,825
fatal cantiact
Pate AI11oUnt Valuo Notes FY 20/21 FY 21/22
7/1/2019 Polygraph Exam P#1 10,300 31,000 10,300 10,300
7/1/2019 Psychological Exam P#1 26,500 79,500 26,500 26,500
7/1/2019 Starling Thomas Concepts 10,000 30,000 Crime Prevention 10,000 10,000
7/2/2019 LD Consulting LLC 20,000 20,000 Jail Facility Assessment
Total Value $ 66,800
Balance $ 269,026
1 , CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PART 11
Date: 6/18/2019 Project Manager: Robert Handy, Chief of Police RECEIVED
Requested by Name if different from Project Manager:
Department: Police JUL 0$ 2019
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FLDWONKMpalftment
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST
BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: LD Consulting LLC
2) Contract Number: POL
3) Amount of this contract: $20,000
Account number Contractual Dollar Amount
Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year
2019-20
10070601.69365 $20,000 $ $ $
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over$100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact telephone
number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
q' zi-1
Department Head bate
FiscarSery es Manager(Purchasing) Date
fT Budget Manager Approval Signature Da e
(1�( C--" -- d4
Chief Financial er(or designee) Signature bate
professional service approval form-part ii