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Home My WebLink AboutContract 47369 1 x015 City Secretary Contract No. ' PROFESSIONAL SERVICES AGREEMENT HILLARD HEINTZE This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through VALERIE WASHINGTON, its duly authorized Assistant City Manager, and HILLARD HEINTZE, LLC ("Consultant"), an Illinois Limited Liability Company, acting by and through ARNETTE F.HEINTZE, its duly authorized Chief Executive Officer, each individually referred to as a "party" and collectively referred to as the "parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A—Statement of Work 3. Exhibit B—Payment Schedule 4. Exhibit C—Milestone Acceptance Form 5. Attachment A—RFP 15-0274 for Comprehensive Ethics Program Development 6. Attachment B—Consultant's Response to RFP 15-0274 Comprehensive Ethics Program Development All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents,the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional services for the purpose of developing a Comprehensive Ethics Program for the Police Department. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. The initial term of this Agreement shall commence on December 16, 2015 ("Effective Date") and shall expire on December 15, 2016 unless terminated earlier in accordance with the provisions of this Agreement. The parties may renew this Agreement for up to two (2) additional one-year periods by signed written mutual consent. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $127,950.00 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City OFFICIAL. RECORD Professional Service Agreement „ , a,, �„ Revised June 2012 Hillard Heintze LLC "( Y ��(n�Iid ME AU Ir'll TX not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. MINORITY BUSINESS ENTERPRISE (MBE)PARTICIPATION 4.1 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the Minority/Women Owned Business Enterprise (M/WBE) Office, in accordance with the Business Diversity Enterprise (BDE) Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 5. TERMINATION 5.1 Written Notice The City or Consultant may terminate this Agreement at any time, with or without cause, by providing the other party with 30 days' written notice of termination. Upon the receipt of any such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 5.2 Non-appropriation of Funds In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 5.3 Duties and Obligations of the Parties following Termination In the event that this Agreement is terminated prior to the expiration of the then current term, Consultant shall, to the extent permissible by applicable law, provide the City with copies of all completed or partially completed documents prepared under this Agreement at no additional cost to the City. City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. The City also shall pay Consultant for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. CONSULTANT SHALL NOT BE ENTITLED TO ANY LOST OR ANTICIPATED PROFITS SHOULD THE CITY ELECT TO TERMINATE THIS AGREEMENT. Professional Services Agreement Hillard Heintze LLC,Page 2 of 19 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 6.1 Disclosure of Conflicts Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to services to be performed under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6.2 Confidential Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Notwithstanding the foregoing, Consultant understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Consultant, and 2) information held by the Consultant for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of the City's proprietary information under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Consultant prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information, it will be the responsibility of Consultant to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. Professional Services Agreement Hillard Heintze LLC,Page 3 of 19 6.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 7. RIGHT TO AUDIT 7.1 Consultant agrees that the City shall, until the expiration of five (5) years after final payment under this Agreement, have access to and the right to examine, to the extent permissible by applicable law, at reasonable times any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant agrees to photocopy such documents as may be requested by the City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 7.2 Consultant further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the City shall, until expiration of five (5) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subconsultant involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subconsultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subconsultant reasonable notice of intended audits. Subconsultant shall be required to photocopy such documents as may be requested by the City. City agrees to reimburse subconsultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. This section shall survive the expiration or termination of this Agreement. 8. INDEPENDENT CONSULTANT It is expressly understood and agreed that Consultant shall operate hereunder as an independent Consultant as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Consultants and subconsultants. Consultant acknowledges that the doctrine of Professional Services Agreement Hillard Heintze LLC,Page 4 of 19 respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant its officers, agents, employees, servants, Consultants and subconsultants. Nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 9. LIABILITY AND INDEMNIFICATION 9.1 LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9.2 INDEMNIFICATION- CONSULTANT AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT BY CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONSULTANTS (OTHER THAN THE CITY) OR SUBCONSULTANTS, OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONSULTANTS (OTHER THAN THE CITY), OR SUBCONSULTANTS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONSULTANTS. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 9.3 SUBCONSULTANTS - CONSULTANT SHALL REQUIRE ALL OF ITS SUBCONSULTANTS AND ASSIGNEES TO INCLUDE IN THEIR SUBCONTRACTS OR ASSIGNMENTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 10. ASSIGNMENT Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the express prior written consent of the City. If the City grants consent to an Professional Services Agreement Hillard Heintze LLC,Page 5 of 19 assignment, the assignee shall execute a written agreement with the City and Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the date of assignment. If the City grants consent to a subcontract, the subconsultant shall execute a written agreement with Consultant referencing this Agreement under which the subconsultant shall agree to be bound by the duties and obligations of Consultant under this Agreement as such duties and obligations may apply. Consultant shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE 11.1 Prior to commencement of any work pursuant to this Agreement, Consultant shall provide the City's Wellness Division and Risk Management Division with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect. 11.2 The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement, but in no instance will the City allow modification whereupon the City may incur increased risk. 11.3 Consultant's financial integrity is of interest to the City; therefore, subject to Consultant's right to maintain reasonable deductibles, Consultant shall obtain and maintain in full force and effect for the duration of the Agreement, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, except Technology and Professional Liability, which may be written on a claims-made basis. All insurance required under this Agreement must be written by a company that is authorized and admitted to do business in the State of Texas and that is rated A-VII or better by A.M. Best Company or similar rating acceptable to the City. Coverage shall be written in the following types and amounts: 11.3.1 Workers' Compensation—Statutory Employers' Liability- $500,000/$500,000/$500,000 11.3.2 Commercial General (Public) Liability Insurance to include the following types of coverage: Premises/Operations, Independent Consultants, Products/Completed Operations,Personal Injury, and Contractual Liability. (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per Occurrence and $2,000,000 Aggregate) 11.3.3 Automobile Liability for Owned/Leased vehicles, Non-Owned vehicles, and Hired Vehicles (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per accident) 11.3.4 Commercial Umbrella- $1,000,000 per occurrence$1,000,000 Aggregate 11.3.5 Professional Liability- $1,000,000 per Claim,$1,000,000 Aggregate Professional Services Agreement Hillard Heintze LLC,Page 6 of 19 Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement in accordance with section 11.5. 11.4 For coverage underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the Effective Date of the Agreement and the certificate of insurance shall state the coverage is claims-made and indicate the retroactive date. 11.5 All required insurance shall be maintained for the duration of the Agreement and for five (5) years following completion of the service provided under the Agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11.6 City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, Consultant shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 11.7 Consultant agrees that with respect to the above-required insurance, all insurance contracts and Certificate(s)of Insurance will contain the following required provisions: 11.7.1 With the exception of Workers' Compensation and Professional Liability policies, name the City and its officers, employees, officials, agents, and volunteers as additional insureds in respect to operations and activities of, or on behalf of, the named insured performed under the Agreement with the City. 11.7.2 An endorsement stating that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insured retention carried by the City for liability arising out of operations under the Agreement with the City. 11.7.3 Consultant's Workers' Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the City. 11.8 Consultant shall notify the City in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty(30) days prior to the change, or ten (10) days' notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Fort Worth Attn: Valerie Washington,Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 A copy must also be sent to the City's Risk Manager at the same address. Professional Services Agreement Hillard Heintze LLC,Page 7 of 19 11.9 If Consultant fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements,the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Consultant to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or the right to withhold any payment(s)that become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 11.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subconsultants' performance of the work covered under this Agreement. 11.11 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 12. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS In fulfilling its obligations under this Agreement, Consultant, its officers, agents, servants, employees, and subconsultants, agree to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances,rules or regulations, Consultant shall immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT Consultant, for itself, its personal representatives, assigns, subconsultants and successors in interest, as part of the consideration herein, agrees that in the performance Consultant's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant its personal representatives, assignees, subconsultants or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. This Agreement is made and entered into with reference specifically to the provisions in the City Code of the City of Fort Worth prohibiting discrimination in employment practices, and Consultant hereby covenants and agrees that Consultant, its officers, agents, servants, employees, and subconsultants have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Consultant, its officers,agents,servants, employees,or subconsultants. 14. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when(i)hand-delivered to the other party, its agents, employees, servants or Professional Services Agreement Hillard Heintze LLC,Page 8 of 19 representatives; (ii) delivered by facsimile with electronic confirmation of the transmission; or (iii) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONSULTANT City of Fort Worth Hillard Heintze LLC Attn: Valerie Washington Attn: Annette F. Heintze 1000 Throckmorton 30 South Wacker Drive, Suite 1400 Fort Worth TX 76102-6311 Chicago, IL 60606 Facsimile: (817)392-7766 Email: annette.heintzel@hillardheiintze.com E-mail: valerie.jackson @fortworthtexas.gov With Copy to City Attorney's Office at same address 15. SOLICITATION OF EMPLOYEES Neither the City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Consultant, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. 16. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 17. NO WAIVER The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 19. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Professional Services Agreement Hillard Heintze LLC,Page 9 of 19 20. FORCE MAJEURE The City and Consultant agree that if either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests or restraints; civil disturbances; explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 21. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 23. AMENDMENTS/MODIFICATIONS/EXTENSIONS No extension, modification, or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument that is executed by both parties. 24. ASSIGNMENT-DELEGATION No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 25. ENTIRETY OF AGREEMENT This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Professional Services Agreement Hillard Heintze LLC,Page 10 of 19 26. SIGNATURE AUTHORITY Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his/her respective party, and further warrants that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement Hillard Heintze LLC,Page 11 of 19 IN WITNESS WHEREOF,the p arties here have executed this Agreement in multiples on this the -day of 1,L w .... , 2015. CITY OF FORT WORTH IFULLARD HEINTZE,LLC Valerie Washington Atteintze Assistant City Manager Chief Executive Officer ! Date: TI o Date: f� O/( APPROVED AS TO FORM AND LEGALITY: W i l Trevino Assistant City Attorneyc `� IV 011P a 4ary T: a� fl ay/ &' . , o efiary' . CONTRACT AUTHORIZATION: M&C: C—a755-6 Date Approved: OFFICIAL CORD b CV�FI'Y 5 ECl%c'E, f f1r, ) F F Professional Services Agreement --- Hillard Heintze LLC,Page 12 of 19 EXHIBIT A STATEMENT OF WORK 1. Consultant shall ensure that representatives are actively engaged in a collaborative effort, and that the specific learning needs for those within the Fort Worth Police Department(FWPD)are identified and met. Actual course delivery methodologies used in the ethics training shall be based upon adult learning concepts grounded in experience-based learning activities that focus on engaging in active classroom participation and discussion. 2. Consultant shall include training attendees in the discussion of the course material and will draw upon attendees' personal and professional experiences and the evaluations completed at the end of the course to develop the ethics program. 3. Consultant shall work closely with the appropriate FWPD staff, including an initial discussion and ongoing check-ins as needed with the Chief of Police. In its initial efforts Consultant shall identify, explore, understand and address the following items: • The core reasons or catalysts for why FWPD has chosen to focus on and address the issue of ethics training. • What has gone well and not so well in past FWPD ethics training? • The outcomes FWPD desires to achieve at the completion of each ethics training course. • The priorities for course content as well as the support needed to deliver the training that Consultant needs to consider as ethics program is designed. • Any constraints, both internal and external to FWPD that may impede Consultant's ability to deliver a successful ethics program. 4. Consultant shall work in tandem with FWPD staff to implement an anonymous pretesting survey which will be answered by a sample group of FWPD personnel to determine the current level of understanding of the department's policies and procedures as they pertain to ethics. This survey will include personnel at all rank levels of the department, as well as all levels of staffing for non- sworn personnel. 5. Consultant shall develop a profile of the training audience by exploring FWPD personnel characteristics. Some of the factors the Consultant will consider are: • Educational requirements for both sworn and non-sworn employees? • Determine if separate or combined courses for sworn and non-sworn employees is most effective for FWPD. • Course development for members of a single rank or numerous ranks. • Determine if FWPD officers feel inhibited to speak freely if command officers were in attendance. • Determine how much ethics training various employee groups within FWPD have had within the last few years. Professional Services Agreement Hillard Heintze LLC,Page 13 of 19 • Determine what type of ethics training has been previously provided to supervisors and command officers. • Determine types of units the various sworn personnel are assigned to work during their shifts, and what special ethical issues may need to be addressed due to their job descriptions. 6. Consultant shall work with FWPD staff to identify specific things all FWPD personnel should know about ethics as it pertains to their jobs,how to address ethical issues, and other information that will help them to embrace the importance of ethical behavior. 7. Consultant shall identify specific, measurable things attendees will be learn and be able to do or feel. Consultant shall structure learning objectives for specific learner groups identified through pretesting. 8. Consultant shall include the following types of activities,which will be designed through a collaborative process with FWPD staff: • The minimum amount of lecture necessary to outline the direction and purpose of the course, as well as to provide details about the things attendees should: know(cognitive),be able to do (psychomotor), and be able to understand/feel (affective). • "Overhead Questions,"which are questions asked by the instructor to the class as a whole to invite open discussion. • Video examples of police personnel engaged in both positive and negative behaviors that will allow for subsequent classroom discussion about what was observed. • Small group discussions of assigned written scenarios that require attendees to determine what unethical behavior may be involved and what steps they as a group agree would be the best and most appropriate way to respond to the behavior based upon FWPD policies and procedures. 9. Consultant shall work collaboratively with FWPD personnel to identify resources either already available to FWPD instructors who will teach the course and/or those that need to be developed. This would include, at a minimum,the following: • Any instructional materials or handouts that FWPD personnel might already be familiar with and readily available, such as training materials from the basic police academy or from supervisor and command officer courses in Texas. Using such material should help to underscore the importance of those materials and the training they have already received. • FWPD data regarding discipline cases and outcomes from the past that might prove educational in terms of how poor behavior has impacted both an employee's career, as well as the department itself. • FWPD data regarding Letters of Commendation describing how good ethical behavior has enhanced the reputation of an employee or the department. • Videos produced by FWPD or others that would address identified ethical. • Any materials not yet produced that would assist FWPD instructors in training including handouts, videos, slides, cases studies, small-group exercise scenarios, etc. Professional Services Agreement Hillard Heintze LLC,Page 14 of 19 10. Consultant shall work with FWPD to ensure that the classrooms or training locations are conducive to the effective delivery of the training as well as convenient for attendees. Consultant shall identify the appropriate number of locations to accommodate employees working a wide variety of shifts in a variety of different locations. Consultant shall work with FWPD to ensure that the classrooms have all of the customary amenities necessary for productive learning. 11. Consultant shall determine under what circumstances some of the training may need to be developed and delivered online. Consultant shall work closely with FWPD if online courses are deemed necessary to ensure that FWPD is prepared to deliver online training. 12. Consultant shall work closely with FWPD to create and manage a budget to support the training materials and resources identified as necessary for the course. 13. Consultant shall rely upon FWPD to manage the collection of information about FWPD personnel attending the course for entry into the appropriate training databases to capture and record attendance records, etc. 14. Consultant shall work with FWPD staff to design a written or online evaluation instrument that will allow all attendees the training to provide feedback on a variety of items associated with the ethics training, including the following: • Quality of the course content • Ability of the instructor to deliver the ethics training • Effectiveness and quality of any training handouts and materials • Quality and effectiveness of and classroom learning activities or exercises • Classroom setting, amenities and conveniences 15. Consultant shall seek appropriate feedback on the direction and effectiveness of course design through a formative evaluation process. Consultant will review a variety of issues that may arise during the design of training that can affect final course development. 16. Consultant shall review training after delivery and make adjustments as necessary to make any improvements in the course as indicated by attendees' course evaluations or instructors' experiences. 17. Timeline • Initial Meeting with FWPD Personnel: 2 weeks • Instructional Systems Design: 4 to 6 weeks • Design of Course Materials—2 to 4 weeks • Delivery of Train the Trainer Courses: 1 to 2 weeks • Evaluation of FWPD Instructors' Training— 1 week • Final Report on Efforts 1 to 2 weeks Total Process: 11 to 17 weeks (Note that the holidays fall during this time period). 18. Consultant anticipates that at a minimum the training will include the following key items to address what FWPD personnel need to know(cognitive learning domain), what they need to be Professional Services Agreement Hillard Heintze LLC,Page 15 of 19 able to do (psychomotor learning domain),and what they need to be able to embrace (affective learning domain): 18.1 Cognitive Domain • FWPD's policies and procedures addressing ethics and ethical behavior, including the responsibility to identify and report both ethical and unethical behavior of FWPD personnel • The definitions of ethics and values • The difference between the following types of values: * Personal(an individual's personal code of conduct, religious beliefs, etc.) * Professional(the Texas Law Enforcement Code of Ethics) * Organizational(FWPD's Mission and Values Statements and the Mission and Value Statements of the City of Forth Worth) * Societal(the values of the greater Forth Worth community,the State of Texas, and the nation) • The concept of Constitutional-Based Policing, in that law enforcement personnel have sworn to uphold an defend the Constitution of the State of Texas and the United States of America,which requires that laws be enforced equally, legally and lawfully and that everyone be treated with respect and dignity • The concept behind the Fort Worth Proud!campaign • The role that off-duty social media usage plays in establishing one's ethical reputation and that of the FWPD • Recognizing the importance of respecting the differences in others and in treating others with dignity and respect 18.2 Psychomotor Domain • How to recognize ethical behavior in work-related and off-duty behaviors of one's own actions and that of other FWPD personnel • How to report both ethical and unethical behavior of FWPD personnel • How to intervene in real time when observing another FWPD employee engage in unethical behavior,particularly when it involved a citizen or other FWPD personnel • How to interact with citizens and other employees so they have a positive outlook and respect for FWPD personnel. Professional Services Agreement Hillard Heintze LLC,Page 16 of 19 18.3 Affective Domain • Respecting the differences in others' political, religious and lifestyle beliefs and practices,even though they may be different from one's set of personal values • Recognizing the importance of treating others the way someone would want to be treated if roles were reversed • Understanding the important role the ethical behavior of each individual employee of the FWPD plays in establishing the reputation of the organization as a whole, be it positive or negative • Understanding the impact of the ethical behavior of each individual FWPD employee in strengthening or weakening the law enforcement profession as a whole • The importance of serving as a role model to others in Fort Worth,but especially the youth. 19. After the curriculum has been established,the Consultant shall work with the FWPD Ethics Committee and the appropriate FWPD staff members to prepare in both electronic and hard document format the following items that will serve as the tools and resources needed to conduct the initial Train the Trainer training and to present the ethics training module to all FWPD employees: • Lesson plan • Instructor's Training Guide • Slide deck and graphics • Student handout materials • Small-group exercise scenarios • Copies of newspaper headlines and articles depicting positive and negative ethical behavior by police employees • Examples of positive and negative uses of social media resources by on-duty and off-duty police employees, such as Facebook, Twitter, and personal blogs • Video clips depicting ethical behavior issues either developed in collaboration with FWPD staff or developed by outside resources • Written course evaluation instruments to be completed by attendees • Handouts and materials meeting FWPD's approval that depict FWPD's Honor Code and the City of Fort Worth's Fort Worth Proud campaign,to include signs, posters, laminated pocket copies, etc. Professional Services Agreement Hillard Heintze LLC,Page 17 of 19 EXHIBIT B PAYMENT SCHEDULE Per Hour Charge to Complete Services $275 Pricing Per Phase Hours, Fee Stage I.Assessment and Survey Implementation 72 $19,800 Stage II. Core Curriculum Development 206 $56,650 Stage III.Train-the-Trainers 80 $22,000 Stage IV. Design and Communications Support 40 $11,000 Total Hours and Fees for All Services 398 $109,450 Travel, ME and other direct expenses $18,500 Professional Services Agreement Hillard Heintze LLC,Page 18 of 19 EXHIBIT C MILESTONE ACCEPTANCE FORM Services Delivered: Milestone/Deliverable Ref. #: Milestone/Deliverable Name: Milestone/Deliverable Target Completion Date: Milestone/Deliverable Actual Completion Date: Approval Date: Comments (if needed): Approved by Consultant: Approved by City Department Director: 4 Signature: Signature: Printed Name: ` Printed Name: Title: Title: Date: j / �/!c'® Date: For Director Use Only Contracted Payment Amount: Adjustments, including penalties: Approved Payment Amount: .. 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Pr � M T City of Fort Worth, Texas How We Propose to Support the Fort Worth Police Department Hillard Heintze Proposal for RFP No. 15-0274 Comprehensive Ethics Program Development August 18, 2015 H I LLARD VIP H E I N i ZE' Protecting What Matters August 18, 2015 Ms. Doris Brent, Contract Compliance Specialist City of Fort Worth - Purchasing Division 1000 Throckmorton Street- Lower Level Fort Worth,Texas 76102 Dear Ms. Brent: Thank you for the opportunity to respond to your Request for Proposals to serve the City of Fort Worth and the Fort Worth Police Department for the development of a comprehensive ethics program. We are honored to be considered for this important initiative to help you enhance the Department's culture through detailed, relevant ethics training for all 2,000 members of the Department's staff, both civilian and non-civilian positions alike. We were excited to have been selected for this important initiative through the competitive bidding process in 2013, and look forward to once again demonstrating our value to the City of Fort Worth. We have worked in many cities of similar size and complexity over the past ten years, and have extensive experience in assisting comparable police agencies bettermanage operations, control costs and increase public safety while adhering to the highest ethical standards and constitutional policing best practices. Our team of subject-matter experts, including Chief Robert Davis and Marcia Thompson, have the training development and facilitation experience I to meet and exceed any of the Department's requirements. We are fully prepared to guide,support and advise the City of Fort Worth and the Fort Worth Police Department. We understand the importance of this program as a vital component of success in community-oriented policing - one that leading police departments engage in order to continue delivering the best possible services to the communities they serve in the most practical manner. This proposal includes details on our team members, qualifications, approach and how we determined the not-to-exceed, project-based fee. Please feel free to contact me with any questions or requests. If chosen as your trusted advisor, we will serve the City of Fort Worth with integrity and distinction. Sincerely, HILLARD HEINTZE LLC Z c, 14W Arnette F. Heintze Chief Executive Officer 30 South Wacker Drive,Suite 1400-Chicago,Illinois 60606 Phone:312.869.8500-www.hillardheintze.com HILLARD V HEINTZE' Protecting What Matters TABLE OF CONTENTS I. BACKGROUND AND EXPERIENCE OF FIRM.............................................................................................4 AboutOur Firm................................................................................................................................................4 Experience Developing and Implementing Ethics Programs................................................................5 Other Recent Experience Conducting Assessments of Comparable Agencies..................................5 Other Law Enforcement Advisory Projects Currently Underway..........................................................6 II. QUALIFICATIONS AND EXPERIENCE OF PROJECT STAFF.....................................................................7 Hillard Heintze Law Enforcement Advisory Practice................................................................................7 ProjectTeam.....................................................................................................................................................8 Ill. TECHNICAL APPROACH TO SERVICE PROVISION................................................................................11 ProjectNarrative and Understanding of Needs.....................................................................................11 Timeline............................................................................................................................................................16 Exampleof Training Methods.....................................................................................................................17 IV. PROPOSED COMPREHENSIVE ETHICS CURRICULUM..........................................................................19 V. PROPOSED BUDGET......................................................................................................................................21 APPENDIX: HILLARD HEINTZE TEAM CURRICULUM VITAE.........................................................................22 Robert L. Davis,Senior Vice President, Law Enforcement Advisory Practice...................................22 Marcia K.Thompson, Esq.,Vice President, Law Enforcement Advisory Practice............................23 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 3 H I LLARD 17 H E 1 NTZE- Protecting What Matters I. BACKGROUND AND EXPERIENCE OF FIRM ABOUT OUR FIRM Hillard Heintze is one of this nation's foremost privately held strategic advisory firms specializing in independent ethics, integrity and oversight services -with a special focus on federal, state and local law enforcement agencies including police departments,sheriff departments and internal affairs bureaus. The firm provides the strategic thought leadership,trusted counsel and implementation services that help leading government agencies and institutions, corporations, law firms, and major public service organizations target and achieve strategic and transformational levels of excellence in law enforcement,security and investigations. Hillard Heintze LLC is a privately owned company with 40 full-time employees. Headquartered in Chicago, Hillard Heintze (FEIN 42-1638357) is incorporated in Illinois and fully licensed to do business in the State of Texas. Hillard Heintze recently completed a successful assessment of the Lancaster, Texas Police Department and we have multiple commercial clients in the Fort Worth area, including one of the state's largest financial institutions. National Law Enforcement Experience at a Best-Practice Level Members of the Hillard Heintze team supporting you on this initiative: • Planned, directed and delivered dozens of police department management,staffing and deployment analyses, and ethics program development for police departments serving communities that range from Chicago and Denver to Indianapolis and New Orleans. • Planned and directed, as major city police chiefs and former national-level law enforcement executives,some of the most complex law enforcement initiatives that federal, state and local policing organizations have undertaken over the past 30 years, in Washington, D.C. and in states and major metropolitan centers across the nation. • Led and directed strategic planning for major city police departments, including Chicago, San Jose,Virginia Beach and Miami-Dade, as well as state and federal agencies such as the Illinois State Police and the Department of Justice. • Authored multiple national-level research and analysis publications and reports on police department operations and organizational structures, including analyses of staffing,shift optimization, overtime policies and practices, and organizational structure. • Are currently assisting U.S. Department of Justice Community Oriented Policing Services (COPS) program in Baltimore, Maryland and Calexico, California to enhance trust and respect between citizens and law enforcement personnel. In September 2014, Hillard Heintze was named one of a select few agencies- and the only private sector firm -to provide services through the 2014 COPS Collaborative Reform Initiative for Technical Assistance (CRI-TA) Program to work with law enforcement agencies to institute collaborative reform across the nation. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 4 H I LLARD VIV H E 1 NTZE- Protecting What Matters EXPERIENCE DEVELOPING AND IMPLEMENTING ETHICS PROGRAMS U.S. Customs and Border Protection - In partnership with DHS' Homeland Security Institute, Hillard Heintze spent 10 months in 2011 working with the U.S. Customs and Border Protection on strategic cultural issues crucial to the CBP's mission and operational effectiveness. In short,we identified organizational and individual issues, practices and policies that led to a broad perception of corruption among peer agencies. We then defined best practices, policies and organizational improvements to institutionalize integrity and help rid the department of corruption. Washington State's King County Auditor's Office- King County,Washington,with the City of Seattle as its county seat, is the fourteenth-most-populous county in the nation. In November 2011, the King County Auditor's Office engaged Hillard Heintze to provide assistance with an internal audit of the King County Sheriff's Department's internal affairs operations and an audit of the county's newly formed Office of Law Enforcement Oversight. Metro Office of Inspector General - Metra is the second largest public commuter railroad in the country and the railway system that serves the city of Chicago and six neighboring counties. In May 2010,the Board of Directors established the new Metra Office of Inspector General (OIG) and asked Hillard Heintze to serve the role of interim Metra OIG, overseeing the ethics and integrity of operations and employee conduct for the entire agency. OTHER RECENT EXPERIENCE CONDUCTING ASSESSMENTS OF COMPARABLE AGENCIES We have a wealth of experience in addressing police department ethics, profiling issues, crisis response,strategic planning as well as police staffing "' low and allocation, misconduct, use of force and internal investigations - and in ' setting, executing, auditing and guiding the progressive evolution in best practice-based policing processes, especially with respect to internal investigations and oversight. Below is a partial sampling of Hillard Heintze's relevant projects. Most of the reports featured here have been released by - Oki our clients to the public- and can be viewed here: http://www.hii[ardheintze.com/published-content. t _ - Denver Sheriff Department, City and County of Denver,Colorado- Guided by Denver Mayor Michael Hancock's efforts to confront a number of i� challenges within the Denver Sheriff Department(DSD), Hillard Heintze has just completed a comprehensive eight-month operational and organizational assessment of the Department and is currently serving as special advisor to the City and County of Denver in their implementation of proposed recommendations for the DSD,the DSD Internal Affairs Bureau and Denver Detention Center. Schaumburg Police Department- In 2013,Schaumburg, Illinois engaged Hillard Heintze to conduct a sweeping independent review of its police department in the wake of criminal charges filed against three officers accused of stealing from drug dealers and selling narcotics. After the resignation of the department's police chief, a senior Hillard Heintze executive served as the Interim Police Chief. The Hillard Heintze team made 50 recommendations- all of which were adopted by this department,which is well on its way to transforming its culture and relationship with the community it serves. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 5 H I LLARD V9 H EI NTZE- Protecting What Matters Lancaster,Texas Police Department- Hillard Heintze served as special advisors in the City of Lancaster, Texas, Lancaster Police Department H«�ar�bH�iraYZE conducting a complete operational assessment and staffing study. The primary objective of the assessment is to conduct a rigorous analysis and evaluation of the City of Lancaster Police Department's key administrative,technical, operational and organizational policies, practices, performance and staffing.This assessment focused on the Department's strengths and weaknesses and identify strategic opportunities to: improve the efficiency and effectiveness of the Lancaster Police Department; advance community-oriented policing programs and processes; conduct an in-depth staffing analysis of the IHEtANUMITf1 P LILE DEYARTN ENT An I+elpn++fmt As.�sme+rt patrol division; instituting plans for bias-free policing in neighborhoods; and identify proven, best practice-based strategies in policing for ° adoption in the Department. OTHER LAW ENFORCEMENT ADVISORY PROJECTS CURRENTLY UNDERWAY Seattle Police Department,Seattle,Washington - Hillard Heintze was recently selected by the City of Seattle to conduct an efficiency assessment to identify areas for improvement in SPD's hiring process for all positions. Hillard Heintze will assess the current process to determine where the processing time can be decreased without reducing the quality of the screening process. The scope of this evaluation includes recruiting;sourcing and posting of positions;test administration; scoring candidates; and the background investigation process. U.S Department of Justice/Seattle Police Department,Seattle,Washington -At the request of the U.S. Department of Justice - Civil Rights Division Hillard Heintze is currently serving as special advisor and use of force expert to the DOJ in its implementation of reforms of the Seattle Police Department pursuant to a consent decree agreement. U.S. Department of Justice Community Oriented Policing Services(COPS) program - In September 2014, Hillard Heintze was named one of a select few agencies - and the only private sector firm -to provide services through the 2014 COPS Collaborative Reform Initiative for Technical Assistance (CRI-TA) Program to work with law enforcement agencies to institute collaborative reform. Our approach is designed to provide a collaborative process that works with the agency and its government and community stakeholders - both advocates and advisories-to identify practices that are working to foster community relations and effective constitutional policing; as well as those policies and practices that tend to erode, undermine or be counter to best practices in community policing. Additionally,we work identify and help the department eradicate those practices that don't respect the tenets of constitutional policing and potentially violate civil rights of members of the Community. Lastly,we document this assessment and our recommendations. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 6 H I LLA R❑ H E I I V TZ EL Protecting What Matters 11. QUALIFICATIONS AND EXPERIENCE OF PROJECT STAFF HILLARD HEINTZE LAW ENFORCEMENT ADVISORY PRACTICE We will support you through the Hillard Heintze Law Enforcement Advisory Practice. Individually, our staff members have been personally responsible for leading the significant transformation of major city police departments and law enforcement agencies for many large municipalities. Engagement Leadership- Chief Executive Officer Arnette Heintze will provide engagement oversight for this project including strategic thought leadership, day-to-day counsel and executive guidance in ensuring that the actions and tasks critical to ensuring a highly successful project outcome are carefully planned and followed at every phase of the assessment. Arnette F. Heintze, Chief Executive Officer As Hillard Heintze's CEO,Arnette Heintze has transformed a small high- performing cadre of senior experts into a globally recognized strategic law t enforcement advisory and consulting with strong practices in security and investigations. Under his leadership, Hillard Heintze has emerged today as one of the fastest-growing private companies in the United States. Heintze brings to our law enforcement clients over 38 years of experience in Federal,state and I local policing and law enforcement. Project Oversight and Quality Control -Chief Operating Officer Kenneth Bouche will be responsible for quality, accuracy and timeliness of our deliverables at every stage of the project. Kenneth A. Bouche, Chief Operating Officer Over nearly two decades, Ken Bouche has established a career as an executive leader and senior advisor at the forefront of applying best practices in management, government,technology, information sharing and intelligence to the highly specialized needs of the law enforcement, homeland security and justice communities. Today he serves as Hillard Heintze's Chief Operating Officer, overseeing the day-to-day activities of the firm and the alignment of its resources, expertise and capabilities with the evolving needs of clients. Bouche has great depth in the justice and homeland security space having served as a member the IJIS Institute's Board of Directors from 2009 to 2013. Bouche dedicated 23 years to the Illinois State Police where, as Colonel and CIO, he was responsible for modernizing the agency's technology functions. He recently served as Interim Chief of Police in Schaumburg, Illinois for one year following Hillard Heintze's assessment of the Village's police department,which he led. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 7 H I L.LARD 17 H E I NTZE- Protecting What Matters PROJECT TEAM The Hillard Heintze Project Manager for this engagement will be Senior Vice President Robert Davis, the former Chief of Police of the San Jose, California Police Department(SJPD) and one of this nation's leading experts in ethics program development and training. Davis will personally attend and collaborate with FWPD staff as the new ethics training module is designed and completed. Davis will also be available to present the initial FWPD Train the Trainer session for the course. He will be supported by Vice President Marcia K.Thompson, Esq. Robert Davis,Senior Vice President, Project Manager Robert Davis is a highly regarded and innovative national leader and expert in - - policing and public safety with a special emphasis on ethics and integrity programs, as well as issues ranging from use of force policy to active shooter r planning. As Senior Vice President at Hillard Heintze, Davis is responsible for the Law Enforcement Advisory Practice. He is the lead on a high-level engagement Hillard Heintze is conducting to review training for the Seattle Police Department in partnership with the Department of Justice. He also is responsible for our efforts reforming the Denver Sheriff Department and COPS Office CRI-TA technical assistance and assessments in Baltimore and Calexico. A 30-year veteran of the San Jose, California Police Department(SJPD), Davis rose from patrol officer to Chief of Police of the tenth-largest city in the nation until his retirement in 2010. Davis oversaw what has historically been the lowest-staffed police department of any major city in the country- with only 1.2 sworn officers per 1,000 residents (the national average is approximately 2.6 officers per 1,000 residents). According to the FBI - and, in many respects, a clear measure of Davis' leadership in recent years-San Jose is routinely ranked one of the safest"big cities" in America. This feat is even more remarkable considering that the Department received this accolade amid seven straight years of budget cuts while fighting crime in a city that adds nearly 20,000 new residents every year. Davis has over 4,000 hours of experience over a 17-year period delivering law enforcement training for local police academies throughout California while working as a full-time police officer at the San Jose Police Department. This experience included designing and leading specialized training for the California Commission on Peace Officer Standards and Training (POST)that emphasized how to use an instructional systems design model for developing courses taught throughout California's police academies, and for POST-certified training programs at local police agencies. As a result of his teaching success, Davis earned several "Top Instructor" awards at the local police academy in San Jose,for excellence in instruction. Davis holds a Master's Degree in Public Administration from Golden Gate University in San Francisco, California, graduating summa cum laude in 2004. Davis also holds a Bachelor of Arts Degree in English with Honors from San Jose State University(1985). ©2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 8 H I LL.ARD if H E I NTZE- Protecting What Matters Highlights of Davis's training background and experience include the following: • Selected to attend the first California POST Master Instructors' Development Program (MIDP) course in 1991,which was created to take some of the top instructors from throughout the state and provide them with extensive training on how to design and implement law enforcement courses statewide that incorporate adult learning concepts and experienced-based learning methodologies in the training delivery. • These concepts and techniques place great emphasis on drawing the students' lives and vocational experiences into the training environment,which makes the training more interesting and effective. MIDP students were required to develop Train the Trainer Courses in their subject matter areas. • As a result of his performance in POST's first MIDP course, Davis was invited to serve as the lead facilitator in numerous subsequent presentations of MIDP, guiding dozens of law enforcement trainers as they developed Train the Trainer courses and support materials for courses at their local academies that included ethics training. • Served as a co-facilitator at numerous Teacher Development Training Courses for subject- matter experts who present courses at the California POST Robert Presley Institute for Criminal Investigations. • Served as a subject-matter expert for California POST in the 2012 design of new training videos used in the presentation of ethics courses at police academies throughout California. • Taught numerous courses in Ethics, Report Writing,Train the Trainer, and Critical Incident Practical Scenario at the basic police academy. • Taught numerous courses on Ethics; Laws of Arrest,Search and Seizure; Report Writing; and Critical Incident Practical Scenario testing for reserve officers' courses. • Taught numerous courses on Ethics and Leadership, as well as performance evaluation courses for the POST supervisors' Courses. • Taught numerous courses on Ethics and Leadership, as well as Performance Evaluation courses for the POST command officers' course. • Presented numerous 80-hour Instructor Development Courses at the San Jose, California Police Department and the Evergreen Valley Community College District's Police Academy in San Jose. • Designed training video modules for report writing scenarios used at the Evergreen Valley Community College District's Police Academy in San Jose. • Serves as a Training Officer(TAC Officer) at the San Jose Police Academy for two Basic Academy Sessions, guiding officers from a host of local police agencies through their 21- week Basic Academy training. • Taught numerous Ethics Courses at the Basic Dispatchers' Course presented at the San Jose Police Communications Training Academy. • Possesses the California POST Master Instructor Program Certificate (.1993), as well as a Basic Teaching Certificate from the University of California, Berkeley(1986). 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 9 H I LLARD H E I NTZE- Protecting What Matters Marcia K. Thompson, Esq.,Vice President,Subject Matter Expert Marcia Thompson currently supports police ethics, accountability and reform efforts at Hillard Heintze. She led our SMEs in Baltimore on use of force and x°. community policing issues on behalf of COPS Office CRI-TA program and is now providing technical assistance while the Civil Rights Division investigation r is underway. She also led our teams of SMEs in the Denver Sheriff Department focusing on ethics, use of force, management issues, staffing and training. Marcia is an experienced attorney, prosecutor, hearing officer and General Counsel. She has worked extensively with Federal,state and local law enforcement, national and international corporations, as well as state and federal government agencies to help teach, coach and create better workplace environments and stronger working relationships built on trust and mutual respect. Additionally,she is a Supreme Court of Virginia certified mediator and holds a coaching certificate awarded by the American Society for Training and Development, honing her skills in driving reform in a collaborative and positive environment. Highlights of Thompson's ethics training background and experience include the following: • Provided ethics training for county executives through the Continuing Education Department of Montgomery College. • Provided ethics training State and local police through the Department of Justice COPS Office. • Provided ethics instruction for MBA Program at the University of Phoenix. • Provided ethics instruction for undergraduate students for Bowie State University. • Conference Speaker& Board Ethics Trainer for police executives for the National Organization of Black Law Enforcement Executives (NOBLE). • Provided legal issues briefing for local and Federal contractors and employees for the State Department Bureau of Diplomatic Security. • Courses developed and delivered include: • Ethics-Why Study Ethics? • Effects of Professional & Personal Misconduct • Moral Dilemmas and Decision Making • Ethics and the Erosion of Trust • Organizational Impact/Liability • Ethical/Value Organization Development Tips • Honesty and Respect and Accountability as a Workplace Value System 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 10 H 1 LLARD VIP H E I NTZE- Protecting What Matters III . TECHNICAL APPROACH TO SERVICE PROVISION PROJECT NARRATIVE AND UNDERSTANDING OF NEEDS Without question, all law enforcement agencies need to have effective policies and procedures that address the ethical behavior of all personnel, be they sworn or non-sworn members of the department. Those residing and working in any community are entitled to expect their law enforcement representatives to adhere to professional ethics and behavior, particularly given the fact that police officers have the authority to affect arrests and to use force, including deadly force, when necessary in the lawful performance of their duties. Understanding Officer Resistance to Ethics Training Yet for a variety of reasons,the delivery of ethics training is not an easy task for those whose responsibility it is to ensure a police department's officers receive regular and ongoing training in this critical skills area. These reasons often include the following: 1. Police personnel feel they have demonstrated or proven their high level of ethics by having passed the background checks necessary to have been hired in the first place. 2. Because they are dedicated to providing police services,they believe that their level of ethics should not be questioned -and that a community should naturally extend to them recognition as the "few good men and women" amongst them. 3. Ethics training is often implemented in response to bad behavior committed by a very small minority of those in the department,so ethics training is seen as either(a) a knee-jerk reaction by command staff to address a problem or(b) as a way to appease vocal community activists. 4. The delivery of training involves a curriculum that is basic, often redundant,and tends to be based upon a delivery style that relies too heavily on lecture instead of interactive engagement with participants. Regardless of the reasons why some police personnel are resistant to ethics training, it is difficult to argue the importance of the topic given the important role they themselves play in a democratic society. Key Principles in Ethics Training for Police Officers Given the challenges posed when providing ethics training,we believe it is imperative that any and all ethics training and curriculum for a law enforcement agency be designed through a very detailed process. This process should ensure that representatives of a department are actively engaged in a collaborative effort with us, and that the specific learning needs for those within that agency are identified and met. It is also critical that the actual course delivery methodologies used in the ethics training be based upon adult learning concepts grounded in experience-based learning activities that focus on engaging in active classroom participation and discussion. We have found that when those attending the training are actively involved in a discussion of the course material and are drawing upon their own personal and professional experiences,the subsequent course evaluations they complete at the end of the course reflect more positively on the effectiveness of both the course content and the quality of the instructors. ©2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 11 H I LLARQ VIP H E I NTZE- Protecting What Matters We have also observed that if a "cookie-cutter" or"one-size-fits-all" approach is taken when delivering pre-designed ethics training, police personnel quickly observe it to be a canned approach given simply to cover a department's bases for public consumption or for liability reasons. To avoid the pitfalls often experienced when designing and delivering ethics training,we propose using a training design approach based upon the learning needs assessment model designed by Dr.Jerrold Kemp of San Jose State University,' in which we will address the following areas as we work with representatives of the FWPD's Ethics Committee and others tasked with the eventual design and delivery of the ethics training course to both sworn and non-sworn FWPD personnel. Goals, Priorities and Constraints Working closely with the appropriate FWPD staff, including an initial discussion and ongoing check- ins as needed with the Chief of Police, in our initial efforts we will identify, explore, understand, and address the following items: • The core reasons or catalysts for why FWPD has chosen to focus on and address the issue of ethics training at this time. • What has gone well and not so well in past FWPD ethics training? • The outcomes FWPD desires to achieve at the completion of each ethics training course. • The priorities for course content as well as the support needed to deliver the training that we need to consider as we design the ethics training. • The constraints, both internal and external to FWPD,that may impede or attempt to hamper our ability to deliver successful training. Pretesting:A Critical Step in Our Process Working in tandem with FWPD staff,we will implement the use of an anonymous pretesting survey amongst a sample group of FWPD personnel to determine the current level of understanding of the department's policies and procedures as they pertain to ethics. This survey will include personnel of all rank levels of the department, as well as all levels of staffing for non-sworn personnel. We will do this to help us identify areas that may need special attention as we design FWPD's ethics training. One key question we would ask the employees would involve having them identify what they feel are the ethical strengths and weaknesses within the agency. Having asked such questions at the beginning of our training design process will help ensure the eventual course attendees know their issues and concerns have been taken into account and will be addressed. We do not want FWPD personnel to feel they have no stake in the content of the course. Learner Characteristics:The Unique Profile of Each Training Audience It would be an error to proceed with designing ethics training for FWPD without understanding in greater detail the numerous audiences that exist within the hundreds of people working within the FWPD family. For example,some of the things we will want to know about FWPD personnel include the following: ' Kemp,Jerrold.(1985,February)Instructional Design Process.Harper Collins Division. ©2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 12 H I LLAR❑ _V H E I NTZE- Protecting What Matters • What are the educational requirements for both sworn and non-sworn employees? • Would it be better to present separate courses for sworn and non-sworn employees, or would it be advantageous to combine them? • Would it be better to present courses that include only members of a single rank,or would it be better to have numerous ranks present during the training? Would FWPD officers feel inhibited to speak freely if command officers also were in attendance? • How much ethics training have various employee groups within FWPD already had within the last few years? • What type of ethics training has been provided to supervisors and command officers? • What kinds of units are the various sworn personnel assigned to work during their shifts, and what special ethical issues may need to be addressed due to their job descriptions? Proposed Outcomes:What We Expect to Achieve Based upon what we have learned about FWPD personnel and the goals and priorities for the ethics training, in this portion of our training design,we will identify the specific job outcomes FWPD would like to see once the ethics training has been delivered. The following are a few of the potential job outcomes that might be expected as a result of ethics training delivery: • Residents and workers in Fort Worth identify FWPD personnel as being professional and ethical. • Officers treat all those with whom they come in contact with dignity and respect,without regard to a person's demographic, social or economic background or status. • FWPD personnel recognize the importance of and process for addressing unethical behavior that they themselves observe within their ranks. • FWPD personnel recognize the value that comes both to individual employees as well as to the FWPD itself as a result of having a reputation for being a highly ethical and professional police department. Subject Task Analysis:A Core Driver of Program Effectiveness Working closely with FWPD staff, we will identify the specific things we would like all FWPD personnel to know about ethics as it pertains to their jobs,the things we would like them to be able to do to address ethical issues, and the things we would like them to be able to embrace about the importance of ethical behavior. The following are some examples: • How to identify unethical behavior in their own work behaviors. • Explaining the process for recognizing (and reporting to supervisors) unethical behavior they themselves may observe. • Recognizing and providing a verbal understanding of the Mission Statement of FWPD. • Being able to explain how actions they take may help reduce tensions in the community based upon how they treat individuals during car stops, pedestrian stops,telephone calls, and interviews, etc. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 13 H I LLARD V9 H E I NTZE- Protecting What Matters Learning Objectives:Specifying the Operational Goals It is important that any effective training course identify the specific, measurable things those who have completed the training are able to know, do or feel. This course is no different in that it is imperative we identify measurable learning objectives that will help us know whether or not our training program has been effective. Our learning objectives will be as specific as we can make them for the various different learner groups we have identified. An example of a potential learning objective we may develop for the course is as follows: "Given a sheet containing specific details about an unethical action by a partner during a traffic stop, a small group of officers in the class numbering no more than seven in number will be able to identify correctly the reasons why the behavior described in the scenario was unethical, as well as outline the steps they agree would be the best approach to take to address the behavior. This group will complete this exercise within 95 minutes and have a group member report back to all participants in the class." FWPD Instructor Activities:The Value of Direct and Continuous Engagement As already stated, it has been our experience that using training methodologies based upon adult learning concepts and are experience-based usually prove to be much more effective when training personnel within a law enforcement agency, particularly when addressing a topic such as ethics. Should those attending the course be exposed to a learning environment in which the training being delivered is based almost exclusively upon lecture and slides,the level of learning is reduced substantially. We have also found the opposite to be true,that when those attending the course are actively engaged in an ongoing discussion about ethics and the role it plays in all they do,the level of learning and understanding goes up, as do the positive evaluations for the course and its instructors. It is for this reason that we believe FWPD's ethics classroom training should include the following types of activities,which will be designed through a collaborative process with FWPD staff: • The minimum amount of lecture necessary to outline the direction and purpose of the course, as well as to provide details about the things we would like those attending the course to know(cognitive), be able to do (psychomotor), and be able to understand/feel (affective). • "Overhead questions"which are questions asked by the instructor to the class as a whole to invite open discussion. • Video examples of police personnel engaged in both positive and negative behaviors that will allow for subsequent classroom discussion about what was observed. • Small group discussions of assigned written scenarios that then require them to determine what unethical behavior may be involved and what steps they as a group agree would be the best and most appropriate way to respond to the behavior based upon FWPD policies and procedures. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 14 H I LLARD � H E I NTZE- Protecting What Matters Instructor Resources: Baselines,Tools and Inventories Working collaboratively with FWPD personnel,we will identify those resources either already available to FWPD instructors who will teach the course as well as those that need to be developed. This would include,at a minimum,the following: • Any instructional materials or handouts that FWPD personnel might already be familiar with and readily available,such as training materials from the basic police academy or from supervisor and command officer courses in Texas. Using such material should help to underscore the importance of those materials and the training they have already received. • FWPD data regarding discipline cases and outcomes from the past that might prove educational in terms of how poor behavior has impacted both an employee's career, as well as the department itself. • FWPD data regarding Letters of Commendation describing how good ethical behavior has enhanced the reputation of an employee or the department. • Videos produced by FWPD or others that would address specific ethical issues our design process has identified. • Any materials not yet produced that would assist FWPD instructors deliver training, including handouts,videos,slides, cases studies,small-group exercise scenarios, etc. Support Services: From Classrooms and Delivery Channels to Budget and Funding Having designed our training delivery,we will work with FWPD to ensure that the classrooms or training locations are conducive to the effective delivery of the training as well as the convenience of those attending the classes. It will be important to ensure that the appropriate number of locations will be identified to accommodate those working a wide variety of shifts in a variety of different locations. We will also work with FWPD to ensure that the classrooms have all of the customary amenities necessary for productive learning. We may also determine that under certain circumstances, some of the training may need to be developed and delivered online. We will work closely with FWPD if this is indeed the case to ensure we are using whatever systems FWPD typically uses to deliver such training. We will also work closely with FWPD to secure and manage a budget necessary to support the training materials and resources we have identified as necessary for the course. We will rely upon FWPD to manage the collection of information about FWPD personnel attending the course for entry into the appropriate training databases to capture and record attendance records, etc. Learner Evaluation: Capturing Feedback after the Sessions Have Ended Working with FWPD staff,we will design a written or online evaluation instrument that will allow everyone who attends the training to provide feedback on a variety of items associated with the ethics training, including the following: • Quality of the course content • Ability of the instructor to deliver the ethics training • Effectiveness and quality of any training handouts and materials 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 15 H I LLARD lf H E 1 NTZE- Protecting What Matters • Quality and effectiveness of and classroom learning activities or exercises • Classroom setting, amenities and conveniences Summative and Formative Evaluation: Highlighting a Strategic Perspective Throughout our training design process,we will take stock of what we are accomplishing to seek appropriate feedback on the direction and effectiveness of our course design,which we will call our formative evaluation process. We recognize that a variety of issues arise during the design of training can affect what we have already accomplished, and we will be flexible enough to revisit what we need to in our effort to deliver the best ethics training course possible. We also recognize the importance of conducting a summative evaluation process,which entails our review of training once it has been delivered to make sure we adjust the training as necessary to make any improvements in the course as indicated by learners'course evaluations or instructors' experiences. Train the Trainer:Where the Greatest Synergies Unfold In our effort to be successful as well as cost-effective,we propose that once our course has been designed, our lead advisor on this project, Robert Davis,work with FWPD to deliver the initial Train the Trainer course that will allow us the opportunity to explain the training design process and course curriculum to those who will be responsible for delivering it throughout the FWPD organization. Davis has extensive background providing such Train the Trainer courses to law enforcement trainers from a wide variety of backgrounds and from a myriad of police departments throughout the State of California and elsewhere. Davis himself is willing to deliver the initial Train the Trainer course for the new FWPD Ethics Course. PUBLIC CLIENT REPORTS &WORK SAMPLES From time to time, our clients release our reports to the public, as was the case with Denver Sheriff Department,Schaumburg Police,Department and+Metra For your reference,these reports can be found in their entirety on our website at:' http://www.hillardheintze.com/publis_hed-content ©2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 16 s H I LLARD H E I NTZE- Protecting What Matters TIMELINE • Anticipated Award of Contract/Notice to Proceed: October 21,2015 • Initial Meeting with FWPD Personnel: 2 weeks (Completed no later than November 6, 2015) • Instructional Systems Design:4 to 6 weeks • Design of Course Materials- 2 to 4 weeks • Delivery of Train the Trainer Courses:1 to 2 weeks • Evaluation of FWPD Instructors'Training -1 week • Final Report on Efforts 1 to 2 weeks Total Process: 11 to 17 weeks (Note that the holidays fall during this time period). EXAMPLE OF TRAINING METHODS As noted in our narrative addressing our instructional systems design method in the Analytical and Professional Approach section of this proposal,we believe the training methods needed for this course should include those based upon adult learning concepts and experience-based learning techniques, and as noted we would be implementing the following types of training methods to take advantage of this approach: • The least amount of lecture-based information delivery as possible would be employed, focusing instead on delivering cognitive information to the learners that empathizes what they need to know about ethics and its implementation in FWPD's work environment. • The maximum amount of interactive training methodologies as possible,to include the following: • Overhead questions and group discussions • Small group exercises • Case studies/personal experiences and discussion • Viewing video examples of good ethical behavior,followed by open discussion • Viewing video examples of peer ethical behavior,followed by group discussion • Reviewing newspaper headlines and stories from around the country that illustrate both good and poor ethical behavior by police department personnel,followed by discussion designed to highlight the behavior's resulting impact upon the employees involved,their police departments,the cities they represent and the greater law enforcement profession • Reviewing case studies in which the use of social media by on and off-duty police personnel have had either positive or negative impacts on a police department's reputation • Reviewing the written Mission Statement and Vision Statement of the Fort Worth Police Department and the City of Fort Worth • Listening to personal experiences of Fort Worth community members illustrating the effect of law enforcement personnel's ethical and unethical behaviors on them (could be videotaped to accommodate speakers'schedules when necessary). 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 17 H I LLARD VV H E I NTZE- Protecting What Matters As one example of a learning activity,we have found that an open discussion about the impact of unethical behavior sworn personnel can be effected by having officers participate in a small group exercise in which class members are broken down into small groups of no more than seven officers. Each group of officers is then presented with a different written scenario depicting some level of unethical behavior. Officers discuss the scenario and determine as a group whether or not they can identify unethical behavior on the part of any officer. The group must then come to a consensus about what steps they would take to address the issues they have identified. Each group is given no more than fifteen minutes to accomplish this task. The class then reunites, and each group has a spokesperson come forward one at a time to discuss their scenario and what they decided to do. The class as a whole then discusses each scenario for no more than five minutes. An example of a written scenario used in such a small group exercised can be seen on the following page. We reiterate the importance of customizing these training methodologies so they reflect very specifically those issues of concern and priorities outlined by the FWPD Ethics Committee,those FWPD personnel assigned to work with us on designing and delivering the training, and the feedback we received from the survey sample of FWPD personnel we will conduct before we begin the design of the training methodologies. This is important to help ensure the training course has credibility with those attending the training. SAMPLE SMALL GROUP EXERCISE: Fort Worth Police Department Ethics Course i You and your partner are assigned to a two-person uniformed patrol unit in one of the more upscale Fort Worth neighborhoods. You both notice:a teenage, Hispanic male driving a brand new Mercedes Benz convertible. Without any discussion between you,your partner initiates a vehicle stop. You act as the cover officer on the passenger's side of the driver's vehicle as your partner approaches the driver. You overhear your partner say to the driver,"Well,well,well. Habla usted green card,my little Amigo?" Without arguing,the driver explains that the car belongs to his father. At your partner's request,the driver then produces a valid Texas driver's license,a registration card and proof of insurance. Without further comment,your partner returns to the patrol vehicle to verify the information he received. After ensuring that all of the paperwork is in order,your partner returns the driver's documents to him and allows him to depart after telling him to behave himself. As a small group,spend approximately 15 minutes discussing the following issues: • What, if any,ethical issues do you believe exist in this scenario? If identify unethical issues, how do your partner's actions affect him,you,the teenage driver of the vehicle,your department, and the greater Fort' Worth community? • What actions would you take during the vehicle stop if you were the cover officer in this scenario, and why? • What actions would you take after the vehicle stop if you were the cover officer in this scenario, and why?, Although there may be some level of disagreement among members of your group during this discussion,you must come to an agreement as a group about what the ethical issues are in the scenario and what you would do as the cover officer. Select a group spokesperson who will take no more than five minutes to relate to the whole class the discussion amongst your group, including any potential disagreements, before presenting what your group's answers to the questions. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 18 H I LLARD V9 H E I NTZE- Protecting What Matters IV. PROPOSED COMPREHENSIVE ETHICS CURRICULUM The content of our training program will be identified and developed through the use of our Instructional System Design Model described in the Analytical and Professional Approach section of this proposal. We anticipate that at a minimum the training will include the following key items to address what FWPD personnel need to know(cognitive learning domain),what they need to be able to do (psychomotor learning domain), and what they need to be able to embrace (affective learning domain): Cognitive Domain • FWPD's policies and procedures addressing ethics and ethical behavior, including the responsibility to identify and report both ethical and unethical behavior of FWPD personnel • The definitions of ethics and values • The difference between the following types of values: • Personal (an individual's personal code of conduct, religious beliefs, etc.) Professional (the Texas Law Enforcement Code of Ethics) Organizational (FWPD's Mission and Values Statements and the Mission and Value Statements of the City of Forth Worth) ® Societal (the values of the greater Forth Worth community,the State of Texas, and the nation) • The concept of Constitutional-Based Policing, in that law enforcement personnel have sworn to uphold an defend the Constitution of the State of Texas and the United States of America, which requires that laws be enforced equally, legally and lawfully and that everyone be treated with respect and dignity • The concept behind the "Fort Worth Proud!" campaign • The role that off-duty social media usage plays in establishing one's ethical reputation and that of the FWPD • Recognizing the importance of respecting the differences in others and in treating others with dignity and respect Psychomotor Domain • How to recognize ethical behavior in work-related and off-duty behaviors of one's own actions and that of other FWPD personnel • How to report both ethical and unethical behavior of FWPD personnel • How to intervene in real time when observing another FWPD employee engage in unethical behavior, particularly when it involved a citizen or other FWPD personnel • How to interact with citizens and other employees so they have a positive outlook and respect for FWPD personnel. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 19 H I LLARD V9 H E 1 NTZE- Protecting What Matters Affective Domain • Respecting the differences in others' political, religious and lifestyle beliefs and practices, even though they may be different from one's set of personal values • Recognizing the importance of treating others the way someone would want to be treated if roles were reversed • Understanding the important role the ethical behavior of each individual employee of the FWPD plays in establishing the reputation of the organization as a whole, be it positive or negative • Understanding the impact of the ethical behavior of each individual FWPD employee in strengthening or weakening the law enforcement profession as a whole • The importance of serving as a role model to others in Fort Worth, but especially the youth. Once the curriculum has been established,we will then work with the FWPD Ethics Committee and the appropriate FWPD staff members to prepare in both electronic and hard document format the following items that will serve as the tools and resources needed to conduct the initial Train the Trainer training and to present the ethics training module to all FWPD employees: • Lesson plan • Instructor's Training Guide • Slide deck and graphics • Student handout materials • Small-group exercise scenarios • Copies of newspaper headlines and articles depicting positive and negative ethical behavior by police employees • Examples of positive and negative uses of social media resources by on-duty and off-duty police employees,such as Facebook,Twitter, and personal blogs • Video clips depicting ethical behavior issues either developed in collaboration with FWPD staff or developed by outside resources • Written course evaluation instruments to be completed by those participating in the training sessions • Handouts and materials meeting FWPD's approval that depict FWPD's Honor Code and the City of Fort Worth's "Fort Worth Proud" campaign,to include signs, posters, laminated pocket copies, etc. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 20 H ( LLARD 17 H E 1 NTZE` Protecting What Matters V. PROPOSED BUDGET Because we are confident in our approach and our understanding of the tasks at hand,we are offering fees as set forth in the following table as a fixed labor price of$116,050,with expenses billed as incurred with no additional mark-up, not to exceed $18,500. We believe the proposed fees provide you the most cost effective approach to meeting your requirements. While we suspect that our projected hours understate the real time commitment that will be required,the scope of the proposal we are presenting meets all your requirements. Per Hour Charge to Complete Services $275 Pr�c�ng`Per Phase � _ Hours Fee Stage I.Assessment and Survey Implementation 80 $22,000 Stage II.Core Curriculum Development 222 $61,050 Stage III.Train-the-Trainers 80 $22,000 Stage IV. Design and Communications Support 40 $11,000 Total Hours and Fees for All Services 422 $116,050 Travel, M&IE and other direct expenses $18,500 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 21 HILLARD VIV HEINTZE- Protecting What Matters APPENDIX: HILLARD HEINTZE TEAM CURRICULUM VITAE Robert L. Davis,Senior Vice President, Law Enforcement Advisory Practice Robert Davis is a highly regarded and innovative national leader and expert in policing and public safety with a special emphasis on ethics and integrity programs, as well as issues ranging from use of force policy to active shooter planning. As Senior Vice President and Managing Director at Hillard Heintze Davis is responsible for the firm's Law Enforcement Advisory Practice. Recently, he distinguished himself as a critical advisor on s a high-level engagement Hillard Heintze conducted in partnership with DHS's Homeland Security Studies and Analysis Institute to evaluate integrity and counter-corruption programs within U.S. Customs and Border = Protection and enhance ethics training across the agency. Innovation has been the cornerstone of his career in policing and public safety. A 30-year veteran of the San Jose, California Police Department, Davis rose from patrol officer to Chief of Police of the tenth-largest city in the nation (2004-2010). He gained recognition for his progressive use of technology, his sensitivity to the diversity of the citizens under his protection and his internationally lauded model of gang prevention, intervention and suppression. Davis' oversaw what has historically been the lowest-staffed police department of any major city in the country-with only 1.2 sworn officers per 1,000 residents (the national average is approximately 2.6 officers per 1,000 residents). According to the FBI - and, in many respects, a clear measure of Davis' leadership in recent years-San Jose is routinely ranked one of the safest"big cities" in America. This distinction is even more remarkable given that the Department received this accolade amid seven straight years of budget cuts while fighting crime in a city that adds 15,000 to 20,000 new residents every year. As a Captain, Davis oversaw the nation's first voluntary study of racial profiling conducted by a local police agency. Davis has also earned international recognition as an expert in addressing gangs and gang violence, having served as a consultant for the U.S.State Department on five occasions. He traveled throughout Central and South America to train federal police agencies, politicians, government administrators, education leaders, heads of social service organizations and citizens regarding the design, implementation and evaluation of anti-gang programs. Davis has served in national and international leadership positions, in part as President of the Major Cities Chiefs Association. Davis believes strongly in being actively involved in the community and serves on the boards of the San Jose/Silicon Valley Chamber of Commerce,the Santa Clara County Council of the Boy Scouts of America and the YWCA of Silicon Valley. Davis holds a B.A. degree with Honors in English from San Jose State University and graduated Summa Cum Laude with a Master of Public Administration degree from Golden Gate University. He holds a Master Instructor's Certificate from the California Commission on Peace Officer Standards and Training and is a graduate of the FBI's National Executive Institute and the FBI's National Academy. O 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 22 H I LLAR D VIP H E I ICI TZ E- Protecting What Matters Marcia K. Thompson, Esq.,Vice President, Law Enforcement Advisory Practice Over the course of her career, Marcia Kay Thompson has worn many hats. She is a national trainer, public speaker, attorney, collaborative problem solver, change management facilitator and equal employment s° opportunity/civil rights professional. She is also a Supreme Court of Virginia-certified mediator and holds a coaching certificate awarded by the American Society for Training and Development. In these various ^ capacities, she has worked extensively with federal,state and local law enforcement, national and international corporations, as well as state and federal government agencies to help teach, coach and create better workplace environments and stronger working relationships built on trust and mutual respect. As a Hearing Officer for the Department of Justice, Office of Justice Programs, Thompson held delegated authority to review claims and conduct oral hearings throughout the United States; issue subpoenas; administer oaths; examine witnesses; and receive evidence to render a determination regarding a pending Public Safety Officers' Benefits (PSOB) claim. As the Ombudsman for the Architect of the Capitol,Thompson served as an avenue of assistance for the entire agency concerning workplace dynamics. In this capacity,she provided coaching on topics related to promoting and better handling change, conflict resolution, communication barriers, employee engagement, and diversification across the workforce and changing workplace dynamics. For more than 12 years,Thompson owned and operated her own firm providing a wide range of consultative services to public and private sector clients on conflict resolution and training. Her organization facilitated courses for the DO1, DSH, State Department and other law enforcement and social, professional organizations. She provided and handled alternative dispute resolution, mediation and facilitation services. Additionally,Thompson also handled legal and collaborative representation and served as a contract civil prosecutor or attorney at the state and county levels. Thompson also served as an Intelligence Research Specialist for the Drug Enforcement Administration for more than six years. She conducted and managed complex research projects to facilitate dismantling international drug cartels. Furthermore,Thompson provided detailed intelligence on organizational structure and trafficking modes and methods and presented findings to case agents, supervisors, U.S.Attorneys and high-level decision makers. She served as the primary liaison to other intelligence agencies and military organizations regarding counter-narcotics operations and military support to law enforcement. Thompson worked as a collateral duty equal employment opportunity (EEO) counselor and handled a variety of workplace and Title VII-related matters. Thompson has taught several advanced courses for Bowie State University, University of Phoenix, Marymount University and Montgomery College in business ethics,forensic psychology and law. She has worked with companies and agencies to address ethical concerns and improve communication, cultural competency, change management,team building, employee engagement, Title VII matters and workplace conflict. Thompson holds a Juris Doctor degree from George Mason University School of Law and a Bachelor's degree in criminal justice from Michigan State University. 0 2015 HILLARD HEINTZE I PROPRIETARY INFORMATION 23 12/16/205 M&C-Council Agenda City of EcOrt Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/15/2015 - Ordinance No, 21995-12-2015 & 21996-12- 2015 DATE: Tuesday, December 15, 2015 REFERENCE NO.: **C-27556 LOG NAME: 13P15-0274 POLICE ETHICS - DB SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the State Asset Forfeiture Fund in the Amount of$27,950.00, Authorize Transfer in the Amount of$127,950.00 to the State Asset Forfeiture Capital Fund, Adopt Appropriation Ordinance and Authorize Contract with Hillard Heintze, LLC, in an Amount Up to $127,950.00 for the Development of a Comprehensive Ethics Program for the Police Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council 1. Adopt the attached appropriation ordinance increasing appropriations in the State Asset Forfeiture Fund in the amount of$27,950.00 and decreasing the fund balance by the same amount; 2. Authorize the transfer of$127,950.00 from the State Asset Forfeiture Fund to the State Asset Forfeiture Capital Fund; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the State Asset Forfeiture Capital Fund in the amount of$127,950.00; and 4. Authorize a contract with Hillard Heintze, LLC, in an amount up to $127,950.00 for the development of a Comprehensive Ethics Program for the Police Department. DISCUSSION: The Police Department will use this contract with Hillard Heintze, LLC, for the development of a Comprehensive Ethics Program which fosters and increases departmental ethics both individually and collectively. The Consultant will design and implement an ethics program that addresses management and non-management staff as well as civilian and non-civilian positions. RFP ADVERTISEMENT - A Request for Proposals (RFP) was advertised in the Fort Worth Star-Telegram on Wednesdays between July 22, 2015 and August 20, 2015, with detailed specifications for development of an ethics program. The evaluation factors included background and experience of the firm, personnel qualifications, comprehensive ethics curriculum and cost for development of the program. Thirty-four vendors were solicited from the purchasing vendor database system; two responses were received. The proposals received were reviewed by an evaluation committee consisting of staff from the Police Department and it was found Hillard Heintze, LLC, provides the best value to the City. PRICE ANALYSIS - The price offered by Hillard Heintze, LLC, is approximately 32 percent higher than the price they quoted in September 2013 (RFP No. 13-0107) and is 50 percent less than the price offered by the other respondent to the current RFP. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE office. In accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are http://apps.cfwnet.org/ecounciI/printmc.asp?id=21625&print=true&DocType=Print 1/2 12116/2015 M&C-Council Agenda negligible. CONTRACT TERMS - Upon City Council's approval, the contract will begin on December 16, 2015 and expire on December 15, 2016. RENEWAL OPTIONS - This Agreement may be renewed for up two additional one-year terms at the City's option. This action does not require City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. FISCAL INFORMATION /CERTIFICATION: The Fiscal Year 2016 budget included appropriations of$100,000.00 in the State Asset Forfeiture Fund for this purpose. The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be.available in the current capital budget, as appropriated, of the State Asset Forfeiture Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) 36004 035E420 4926004 C16001 CCAPEX 2016 $127,950.0 36004 035E420 5330500 C16001 CCAPEX 2016 $127,950.0 26004 0351000 5900011 2016 $127,950.0 FROM Fund DepartmentAccount Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) 26004 0351000 5900011 2016 $127,950.0 360041 035E420 5330500 C16001 CCAPEX 2016 $127,950.0 CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6192) Aaron Bovos (8517) Originating Department Head: Gina Santillan (4218) Jack Dale (8357) Additional Information Contact: Doris Brent (2058) ATTACHMENTS 1. 13P15-0274 POLICE ETHICS - DB 26004.PNG (CFW Internal) 2. 13P15-0274 POLICE ETHICS - DB 36004 AO FY2016 .docx (Public) 3. 13P15-0274POLICE ETHICS-DB 26004 AO FY2016.docx (Public) 4. 13P15-274 POLICE ETHICS - DB 36004 - EXP.PNG (CFW Internal) 5. 13P15-274 POLICE ETHICS - DB 36004 - REV.PNG (CFW Internal) 6. Department Requisition.pdf (CFW Internal) 7. EPLS Hillard Heintze.pdf (CFW Internal) 8. MWBE Waiver 15-0274.pdf (CFW Internal) 9. supfundingverifcation.pdf (CFW Internal) http://apps.cfwnet.orglecouncii/printmc.asp?id=21625&print=true&DocType=Print f